BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 2492


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          CONCURRENCE IN SENATE AMENDMENTS


          AB  
          2492 (Alejo and Eduardo Garcia)


          As Amended  June 30, 2016


          Majority vote


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          |ASSEMBLY:  |      | (May 31,      |SENATE: |      |(August 15,      |
          |           |51-29 |2016)          |        |28-10 |2016)            |
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          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  








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          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 









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             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  








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          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









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