BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON TRANSPORTATION AND HOUSING
                              Senator Jim Beall, Chair
                                2015 - 2016  Regular 

          Bill No:          AB 2492           Hearing Date:    6/28/2014 
           ----------------------------------------------------------------- 
          |Author:   |Alejo                                                 |
          |----------+------------------------------------------------------|
          |Version:  |5/12/2016                                             |
           ----------------------------------------------------------------- 
           ----------------------------------------------------------------- 
          |Urgency:  |No                     |Fiscal:      |No              |
           ----------------------------------------------------------------- 
           ----------------------------------------------------------------- 
          |Consultant|Alison Dinmore                                        |
          |:         |                                                      |
           ----------------------------------------------------------------- 
          

          SUBJECT:  Community revitalization


            DIGEST:  This bill makes several changes to the statutes that  
          allow local governments to form and administer Community  
          Revitalization and Reinvestment Authorities (CRIAs) to finance  
          local economic development.

          ANALYSIS:
          
          Existing law:
          
          1)Authorizes local governments to create CRIAs to use tax  
            increment revenue to improve infrastructure, assist  
            businesses, and support affordable housing in disadvantaged  
            communities.


          2)Allows an authority to carry out a community revitalization  
            and investment plan within a CRIA.  It also requires that at  
            least 80% of the land calculated by census tracts or census  
            block groups within the area must be characterized by both of  
            the following conditions:


             a)   An annual median household income that is less than 80%  
               of the statewide annual median income.


             b)   Three of the following four conditions:







          AB 2492 (Alejo)                                    Page 2 of ?
          
          


                  i.        Non-seasonal unemployment that is at least 3%  
                    higher than the statewide median, as specified
                  ii.       Crime rates that are 5% higher than the  
                    statewide median crime rate, as specified
                  iii.      Deteriorated or inadequate infrastructure such  
                    as streets, sidewalks, water supply, sewer treatment  
                    or processing, and parks
                  iv.       Deteriorated commercial or residential  
                    structures

          1)Provides that the CRIA may, among other things, do the  
            following:
             a)   Provide funding to rehabilitate, repair, upgrade, or  
               construct infrastructure.


             b)   Provide for seismic retrofits of existing buildings in  
               accordance with all applicable laws and regulations.


             c)   Acquire and transfer real property including through the  
               use of eminent domain.  A CRIA must retain controls and  
               establish restrictions or covenants (such as affordability  
               requirements) running with the land sold or leased for  
               private use for such periods of time and under such  
               conditions as are provided in the community revitalization  
               and investment plan. 


             d)   Issue bonds.


             e)   Borrow money, receive grants or accept financial or  
               other assistance or investment from the state or the  
               federal government or any other public agency or private  
               lending institution for any project within its area of  
               operation, and may comply with any conditions of the loan  
               or grant.  A CRIA may qualify for funding as a  
               disadvantaged community. 


             f)   Adopt a community revitalization and investment plan.









          AB 2492 (Alejo)                                    Page 3 of ?
          
          

             g)   Make loans or grants to owners or tenants to improve,  
               rehabilitate, or retrofit buildings or structures within  
               the plan area. 


          4)  Requires that at least 25% of all tax revenues that are  
            allocated to the CRIA shall be deposited into a separate  
            Housing Fund and used for the purposes of increasing,  
            improving, and preserving the community's supply of low- and  
            moderate-income housing available at an affordable cost.  

          This bill:

          1)  Allows a CRIA to use a combination of both the U.S. Census  
            Bureau census track and census block groups' data to identify  
            a project area.

          2)Allows a CRIA to use, at its discretion, statewide,  
            countywide, or citywide annual median income to identify a  
            project area.  

          3)  Allows a CRIA to use unemployment data from the periodic  
            American Community Survey published by the U.S. Census Bureau,  
            in addition to the labor market information published by the  
            Employment Development Department (EDD) in March of the year  
            the CRIA plan is prepared.  

          4)  Provides that crime rates are documented by records  
            maintained by the law enforcement agency that has jurisdiction  
            in the proposed plan area for violent or property crime  
            offenses, that are at least 5% higher than the statewide  
            average crime rate for violent or property crime offenses, as  
            defined by a specified Department of Justice report.  The  
            crime rate shall be calculated by taking the local crime  
            incidents for violent or property crimes, or any offense  
            within those categories, for the most recent calendar year for  
            which the Department of Justice maintains data, divided by the  
            total population of the proposed plan area, multiplied by  
            100,000.  If the local crime rate for the proposed plan area  
            exceeds the statewide average rate for either violent or  
            property crime, or any offense within these categories, by  
            more than 5%, then the condition shall be met. 

          5)  Gives CRIAs the same authority as an Enhanced Infrastructure  








          AB 2492 (Alejo)                                    Page 4 of ?
          
          
            Financing District (EIFD), to receive funds allocated to it  
            pursuant a resolution adopted by a city, county, or special  
            district to transfer these funds from:


             a)   The increased property tax revenues that the city,  
               county, or special district receives from the dissolution  
               of redevelopment agencies (RDAs). 


             b)   Property taxes received by a city or county in lieu of  
               former vehicle license fee funds, or


             c)   Funds derived from various assessments that may be  
               imposed by special districts. 


          COMMENTS:

          1)Purpose of the bill.  According to the author, after the  
            passage of AB 2 (Alejo, Chapter 2, Statutes of 2015) (see  
            Comment No.2 below), several localities had particular  
            concerns about implementation and definitions in that bill  
            that would affect their ability to create an authority.  This  
            bill is an attempt to address those concerns, provide  
            technical changes, and clarify several provisions, including:


             a)   Which level of government can be used as a reference  
               point for annual median household income


             b)   Unemployment rates should be measured using average  
               annual unemployment rates


             c)   Crime rate as defined as violent or property crime that  
               is 5% above the statewide average rate, and how to  
               calculate it


             d)   Stating that a CRIA has the ability to receive  
               transferred funds received through resolutions passed by  
               cities, counties, or special districts








          AB 2492 (Alejo)                                    Page 5 of ?
          
          



          1)Background on CRIAs.  Last year, the Legislature passed and  
            the Governor signed AB 2, which authorized cities and counties  
            to create CRIAs to use tax increment financing to improve  
            infrastructure, assist businesses, and support affordable  
            housing in disadvantaged communities.  A CRIA can freeze  
            property taxes at the time the plan for revitalizing the area  
            is approved, collect all the tax increment or the increase in  
            property taxes that is generated after that point, and use it  
            on specified activities.  No portion of the local schools'  
            share of tax increment may go to the authority.  CRIAs must  
            set-aside 25% of revenues for affordable housing and must  
            replace any existing affordable housing units that are removed  
            as a result of their activities.   

            CRIAs may only be created in areas which are predominantly  
            low-income and have a high unemployment and crime rate.  At  
            least 80% of a CRIA project area, based on U.S. Census data,  
            must have an annual median household income that is less than  
            80% of the statewide annual median income.  In addition, a  
            CRIA must meet three of the four following conditions:


             a)   Non-seasonal unemployment is at least 3% higher than  
               statewide median unemployment.


             b)   Crime rates are 5% higher than statewide median crime  
               rates.


             c)   Deteriorated or inadequate infrastructure, such as  
               streets, sidewalks, water supply, sewer treatment or  
               processing, and parks.


             d)   Deteriorated commercial or residential structures.


          3)  Greater flexibility for the creation of a CRIA.  According  
            to the sponsor, the League of California Cities, this bill is  
            intended to clarify where CRIAs can be created.  The sponsor  
            worked with the Department of Justice to revise the means of  








          AB 2492 (Alejo)                                    Page 6 of ?
          
          
            determining the crime rate necessary to meet the standard to  
            qualify an area as a CRIA and the EDD to update the mechanism  
            for determining the unemployment rate.  Further, the bill  
            ensures that a CRIA may also receive funds derived from other  
            city, county, or special district sources, subject to any  
            conditions those entities may impose on the use of these  
            funds.  These options are already included in EIFD law, so  
            this change offers identical flexibility for a CRIA to also be  
            eligible to receive funds from these sources.  

          4)  Disadvantaged communities.  The committee received feedback  
            from the City of Cudahy, stating that it did not qualify under  
            the current requirements to establish a CRIA and requested  
            this bill be amended to clarify the appropriate data sets and  
            definitions to include disadvantaged communities.  This change  
            would permit the City of Cudahy, which suffers from high  
            levels of poverty and socioeconomic disadvantages, and is  
            arguably an intended beneficiary of a CRIA, to qualify.  The  
            author will accept an amendment providing that a CRIA may also  
            carry out a community revitalization plan within a community  
            revitalization and investment area if the census tracts or  
            census blocks, or both, in the area are identified as a  
            disadvantaged community as described in Health and Safety Code  
            39711.  

          5)  Opposition.  One tool that state law grants to CRIAs, that  
            is not available through an EIFD, is the power to take private  
            property through the power of eminent domain and to pay for it  
            using tax increment revenues.  Some property owners object to  
            the way in which former RDAs used their eminent domain  
            authority, arguing that RDAs' use of eminent domain hurt  
            businesses and depressed property values in some communities.   
            Others oppose this bill due to a concern that changes in this  
            bill will expand the types of communities and neighborhoods in  
            which local governments can exercise the power of eminent  
            domain for economic development purposes by forming a CRIA.

          5)  Double-referral.  This bill was heard in the Senate  
            Governance and Finance Committee on June 15 and passed out on  
            a 5-2 vote. 

          Related Legislation:
          
          AB 2 (Alejo, Chapter 2, Statutes of 2015) - authorized local  
          governments to create CRIA to use tax increment revenue to  








          AB 2492 (Alejo)                                    Page 7 of ?
          
          
          improve the infrastructure, asset businesses, and support  
          affordable housing in disadvantaged communities.

          SB 628 (Beall, Chapter 785, Statutes of 2014) - allowed local  
          agencies to create EIFDs to finance specified infrastructure  
          projects and facilities.  
          
          Assembly Votes:

               Floor:51-29
               L.Gov:6-2
               H&CD:5-2
          
          FISCAL EFFECT:  Appropriation:  No    Fiscal Com.:  No    Local:  
           No


            POSITIONS:  (Communicated to the committee before noon on  
          Wednesday,
                          June 22, 2016.)
          
            

          SUPPORT:  

          League of California Cities (sponsor)
          City of Thousand Oaks

          OPPOSITION:

          California Alliance to Protect Property Rights
          Howard Jarvis Taxpayers Association
          Fieldstead and Company 

                                      -- END --