BILL ANALYSIS Ó AB 2492 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 2492 (Alejo and Eduardo Garcia) As Amended June 30, 2016 Majority vote -------------------------------------------------------------------- |ASSEMBLY: | | (May 31, |SENATE: | |(August 15, | | |51-29 |2016) | |28-10 |2016) | | | | | | | | | | | | | | | -------------------------------------------------------------------- Original Committee Reference: H. & C.D. SUMMARY: Makes changes to allow greater flexibility for the creation community revitalization and investment authorities (CRIA) and allows a CRIA to receive funding from the same sources as an enhanced infrastructure financing district (EIFD). The Senate amendments allow a CRIA to be established within a "disadvantaged community" as described in Health and Safety Code Section 39711. FISCAL EFFECT: None COMMENTS: Last year, AB 2 (Alejo), Chapter 319, Statues of 2015, authorized cities and counties to created CRIAs to use tax increment revenue to improve the infrastructure, assist AB 2492 Page 2 businesses, and support affordable housing in disadvantaged communities. A CRIA can freeze the 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. Unlike redevelopment agencies, the taxing entities in the area including the county, city, special districts, or a military base must agree to divert tax increment to the CRIA. Local government entities that initially participate can opt out by giving the auditor-controller 60 days' notice; however, the auditor controller will continue to collect the local government entities' portions of tax increment until any debts issued up until then have been repaid. No portion of the local schools' share of tax increment may go to the authority. CRIA's 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. A CRIA may only be created in areas which are predominately low-income and have a high unemployment and crime rate. At least 80% of a CRIA project area, based on United States (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: 1) The nonseasonal unemployment must be at least 3% higher than the statewide median, as defined by a specified labor market report; 2) The crime rate must be 5% higher than the statewide median crime rate, as defined by a specified Department of Justice report; 3) There must be deteriorated or inadequate infrastructure such as streets, sidewalks, water supply, sewer treatment or processing, and parks; and AB 2492 Page 3 4) There must be deteriorated commercial or residential structures. According to the sponsor, the League of California Cities, this bill is intended to clarify where CRIAs can be formed. The sponsor worked with the Employment Development Department (EDD) to update the mechanism for determining the unemployment rate and the Department of Justice (DOJ) to revise the means of determining the crime rate necessary to meet the standard to qualify an area as a CRIA. To establish a CRIA a city or county must determine that at least 80% of the project area has an annual median income that is less than 80% of the statewide average as determined by the U.S. Census. This bill would give a city or county the option of using the statewide average or the citywide or countywide average. This change provides a more precise standard and could have the effect of expanding the area that could be included in a CRIA. To establish a CRIA a city or county must also establish that 80% of the project area meets three of four conditions: high unemployment, high crime rate, deteriorated infrastructure, or deteriorated commercial or residential structures. In calculating the unemployment rate, in addition to using the EDD's annual update, the city or county can rely upon the U.S. Census Data's American Community Survey. The American Community Survey is a survey conducted by the U.S. Census Bureau. Unlike the every-10-year census, this survey continues all year, every year. The Survey is conducted by randomly sampling addresses in every state, the District of Columbia, and Puerto Rico. Answers are collected to form up-to-date statistics used by many federal, state, tribal, and local leaders. To determine the crime rate for a CRIA project area, existing law require a city or county to use the statewide median crime rate as determined by the Criminal Justice Statistics Center within DOJ, when data is available on the California Attorney General's Internet Web site. This bill would require a city or county to compare the AB 2492 Page 4 local data for violent or property crime offenses and compare that against the statewide average. Access to additional resources: SB 628 (Beall), Chapter, 785, Statutes of 2014, allowed a city or county to create an EIFD, in order to finance specified facilities and infrastructure projects, using tax increment. SB 628 expanded, as compared to existing EIFD law, the public capital facilities or other projects of communitywide significance that could be financed by an EIFD, to include brownfield restoration and other environmental mitigation, the development of projects on a former military base, transit priority projects, and projects that implement a sustainable communities strategy, among other infrastructure projects. The city or county that creates an EIFD can choose to transfer its portion of increased property tax revenues as a result of redevelopment dissolution, property taxes received by the city or county in lieu of former vehicle license fee funds, and funds from various assessments that a special district imposes. This bill allows a CRIA to also receive funds from these sources if a city, county, or special district chooses to transfer them. Prior Legislation: AB 2 (Alejo) Chapter 319, Statues of 2015, authorized local governments to create CRIA to use tax increment revenue to improve the infrastructure, assist 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. Analysis Prepared by: Lisa Engel / H. & C.D. / (961) 319-2085 FN: 0003660 AB 2492 Page 5