as amended, Hall.
begin deletePort of Los Angeles. end delete
Existing law regulates the operation of ports and harbors. Existing law authorizes the organization and formation of port districts.end delete
This bill would state the intent of the Legislature to enact legislation to increase and diversify economic development at the Port of Los Angeles.end delete
begin deleteno end delete.
State-mandated local program: no.
The people of the State of California do enact as follows:
(a) (1) A district may finance any of the following:
6(A) The purchase, construction, expansion, improvement,
7seismic retrofit, or rehabilitation of any real or other tangible
8property with an estimated useful life of 15 years or longer that
9satisfies the requirements of subdivision (b).
10(B) The planning and design work that is directly related to the
11purchase, construction, expansion, or rehabilitation of property.
12(C) The costs described in Sections 53398.56 and 53398.57.
13(2) The facilities
begin delete need notend delete be physically
14located within the boundaries of the district. However, any facilities
15financed outside of a district
begin delete mustend delete have a tangible connection
16to the work of the district, as detailed in the infrastructure financing
17plan adopted pursuant to Section 53398.69.
18(3) A district
begin delete mayend delete not finance routine maintenance, repair
19work, or the costs of an ongoing operation or providing services
20of any kind.
21(b) The district shall finance
only public capital facilities or
22other specified projects of communitywide significance that
23provide significant benefits to the district or the surrounding
24community, including, but not limited to, all of the following:
25(1) Highways, interchanges, ramps and bridges, arterial streets,
26parking facilities, and transit facilities.
27(2) Sewage treatment and water reclamation plants and
29(3) Facilities for the collection and treatment of water for urban
31(4) Flood control levees and dams, retention basins, and drainage
33(5) Child care facilities.
35(7) Parks, recreational facilities, and open space.
36(8) Facilities for the transfer and disposal of solid waste,
37including transfer stations and vehicles.
38(9) Brownfield restoration and other environmental mitigation.
39(10) The development of projects on a former military base,
40provided that the projects are consistent with the military base
P5 1authority reuse plan and are approved by the military base reuse
2authority, if applicable.
3(11) The repayment of the transfer of funds to a military base
4reuse authority pursuant to Section 67851 that occurred on or after
5the creation of the district.
6(12) The acquisition, construction, or
rehabilitation of housing
7for persons of low and moderate income, as defined in Section
850093 of the Health and Safety Code, for rent or purchase.
9(13) Acquisition, construction, or repair of industrial structures
10for private use.
11(14) Transit priority projects, as defined in Section 21155 of
12the Public Resources Code, that are located within a transit priority
13project area. For purposes of this paragraph, a transit priority
14project area may include a military base reuse plan that meets the
15definition of a transit priority project area and it may include a
16contaminated site within a transit priority project area.
17(15) Projects that implement a sustainable communities strategy,
18when the State Air Resources Board, pursuant to Chapter 2.5
19(commencing with Section 65080) of Division
begin delete 2end delete of Title 7, has
20accepted a metropolitan planning organization’s determination
21that the sustainable communities strategy or the alternative planning
22strategy would, if implemented, achieve the greenhouse gas
23emission reduction targets.
26(c) The district shall require, by recorded covenants or
27restrictions, that housing units built pursuant to this section shall
28remain available at affordable housing costs to, and occupied by,
29persons and families of low- or moderate-income households for
30the longest feasible time, but for not less than 55 years for rental
31units and 45 years for owner-occupied units.
32(d) The district may finance mixed-income housing
33developments, but may finance only those units in such a
34development that are restricted to occupancy by persons of low or
35moderate incomes as defined in Section 50093 of the Health and
36Safety Code, and those onsite facilities for child care, after-school
37care, and social services that are integrally linked to the tenants of
38the restricted units.
39(e) A district may utilize any powers under the Polanco
40Redevelopment Act (Article 12.5 (commencing with Section
P6 133459) of Chapter 4 of Part 1 of Division 24 of the Health and
2Safety Code), and finance any action necessary to implement that
begin deleteAfter end delete adopting the resolution pursuant to Section 53398.59, the
8legislative body shall designate and direct the city or county
9engineer or other appropriate official to prepare an infrastructure
10 plan pursuant to Section 53398.63.
(a) At the conclusion of the hearing, the legislative
18body may adopt a resolution proposing adoption of the
19infrastructure financing plan, as modified, and formation of the
20enhanced infrastructure financing district in a manner consistent
21with Section 53398.68, or it may abandon the proceedings.
22(b) The infrastructure financing plan and the formation of the
23enhanced infrastructure financing district shall take effect upon
24the legislative body’s adoption of the resolution. The infrastructure
25financing plan shall specify if the district shall be funded solely
26through the district’s share of tax increment, governmental or
27private loans, grants, bonds, assessments, fees, or some
28combination thereof. However, the public financing authority
begin delete mayend delete
29 not issue bonds or levy assessments or fees that may be
30included in the infrastructure financing plan
begin delete prior toend delete one or
31more of the following:
32(1) An affirmative vote, pursuant to subdivision (a) of Section
begin delete 53398.81,end delete to issue bonds to finance the infrastructure financing
36(2) Without compliance with the procedures required in
37subdivision (f) of Section 53398.75, to levy assessments or fees
38to finance the infrastructure financing plan.
begin delete additionend delete the district may expend up to 10 percent
40of any accrued tax increment in the first two years of the effective
P7 1date of the enhanced infrastructure financing district on planning
2and dissemination of information to the residents within the
3district’s boundaries about the infrastructure financing plan and
4planned activities to be funded by the district.
(a) The public financing authority shall submit the
8proposal to issue the bonds to the voters who reside within the
9district. If the public financing authority adopts a resolution
10proposing initiation of proceedings to issue bonds pursuant to
11Section 53398.77, it shall then submit that proposal, together with
12the information specified in subdivisions (a) to (c), inclusive, of
13Section 53398.78, to the qualified electors of the district in the
14next general election or in a special election to be held,
15notwithstanding any other requirement, including any requirement
16that elections be held on specified dates, contained in the Elections
17Code, at least 90 days but not more than 180 days following the
18adoption of the resolution of bond issuance. The public financing
19authority shall provide the resolution of bond issuance, a certified
20map of sufficient scale and clarity to show the boundaries of the
21district, and a sufficient description to allow the election official
22to determine the boundaries of the district to the official conducting
23the election within three business days after the adoption of the
24resolution of bond issuance. The assessor’s parcel numbers for the
25land within the district shall be included if it is a landowner election
26or the district does not conform to an existing district’s boundaries
27and if requested by the official conducting the election. If the
28election is to be held less than 125 days following the adoption of
29the resolution of bond issuance, the concurrence of the election
30official conducting the election shall be required. However, any
31time limit specified by this section or requirement pertaining to
32the conduct of the election may be waived with the unanimous
33consent of the qualified electors of the proposed district and the
34concurrence of the election official conducting the election.
35(b) If at least 12 persons have been registered to vote within
36the territory of the district for each of the 90 days preceding the
37close of the hearing, the vote shall be by the registered voters of
38the district, who need not necessarily be the same persons, with
39each voter having one vote. Otherwise, the vote shall be by the
40landowners of the district and each landowner who is the owner
P8 1of record at the close of the protest hearing, or the authorized
2representative thereof, shall have one vote for each acre or portion
3of an acre of land that he or she owns within the district. The
4number of votes to be voted by a particular landowner shall be
5specified on the ballot provided to that landowner.
9(c) Ballots for the special election authorized by subdivision (a)
10may be distributed to qualified electors by mail with return postage
11prepaid or by personal service by the election official. The official
12conducting the election may certify the proper mailing of ballots
13by an affidavit, which shall be exclusive proof of mailing in the
14absence of fraud. The voted ballots shall be returned to the election
15officer conducting the election not later than the hour specified in
16the resolution calling the election. However, if all the qualified
17voters have voted, the election shall be closed.
begin deleteThe end deletebonds may be issued if 55 percent of the voters voting on the
3proposition vote in favor of issuing the bonds.
7(b) If the voters approve the issuance of the bonds
8by subdivision (a), the public financing authority shall proceed
9with the issuance of the bonds by adopting a resolution that shall
10 provide for all of the following:
11(1) The issuance of the bonds in one or more series.
12(2) The principal amount of the bonds that shall be consistent
13with the amount specified in subdivision (b) of Section 53398.78.
14(3) The date the bonds will bear.
15(4) The date of maturity of the bonds.
16(5) The denomination of the bonds.
17(6) The form of the bonds.
18(7) The manner of execution of the bonds.
19(8) The medium of payment in which the bonds are payable.
20(9) The place or manner of payment and any requirements for
21registration of the bonds.
22(10) The terms of call or redemption, with or without premium.
The Legislature finds and declares all of the following:
26(a) The state has a compelling interest in the success of
begin delete herend delete
27 ports and harbors because they provide significant economic benefit
28to the state in terms of jobs, personal income, business revenue,
33(b) Ports and harbors are the vital interface between water and
34land transportation for trade with the Pacific Rim countries and
P10 1(c) Historically, California’s ports and harbors have been
7(d) The report of the California Transportation Commission
8entitled “Improving Access to California’s Ports,” dated February
91990, found that $897 million is needed for port access
16(e) In addition to port access transportation projects, there is a
17need for new harbor facilities and to
begin delete restore facilities damaged in the Loma Prieta earthquake.end delete
23(f) Because of shrinking
24federal and state funding and the increasing demand for those
25limited funds, ports and harbors are no longer able to finance
26projects of this magnitude without
begin delete aend delete new funding begin delete mechanism.end delete
30(g) It is the intent of the Legislature to assist in the reduction of
31local borrowing costs, help accelerate the construction, repair, and
32maintenance of port capital improvements, and promote greater
33use of existing and new financial instruments and mechanisms.
(a) “Port or harbor infrastructure” means any of the
12following, if its primary or predominant use is of direct benefit to
13the port or harbor:
14(1) Streets, roads, highways, bridges, sidewalks, curbs, gutters,
15tunnels, subways, alleyways, viaducts, pipelines, rail lines, or other
16facilities for the transportation or movement of people, vehicles,
17equipment, or goods.
18(2) Piers, docks, wharves, slips, quays, platforms, decks, cranes,
19or other facilities for the mooring, docking, loading, or unloading
21(3) Lands, tidelands, submerged lands, easements, port access
22routes, channel improvements, rights-of-way, dredge disposal sites,
23 safety zones, breakwaters, levees, bulkheads, or walls of rock or
24other material to protect property or traffic.
25(4) Parking, warehouse, or storage facilities.
26(5) Parks, recreation, or open space facilities.
begin deleteRemediation. end delete
29(7) Water, wastewater, drainage, electric, or telecommunication
30systems or facilities.
31(8) Buildings, structures, facilities, improvements, or equipment
32necessary or convenient to any of paragraphs (1) to (7), inclusive,
33or to the operation of a port or harbor.
34(9) Public improvements authorized pursuant to the
35Improvement Act of 1911 (Division 7 (commencing with Section
365000) of the Streets and Highways Code), the Improvement Bond
37Act of 1915 (Division 10 (commencing with Section 8500) of the
38Streets and Highways Code), and the Mello-Roos Community
39Facilities Act of 1982 (Chapter 2.5 (commencing with Section
4053311) of Part 1 of Division 2 of Title 5 of the Government Code).
P12 1(b) Any port or harbor infrastructure may be privately operated.
2Except for any port or harbor infrastructure financed or subsidized
3with public trust revenues, any privately owned port or harbor
4infrastructure may be eligible in whole or in part for financing or
5other support or subsidy from money deposited in the infrastructure
6fund pursuant to subdivision (a) of Section 1701.
7(c) If a port or harbor infrastructure financed wholly or partly
8with public funds is privately owned and if the use for which the
9port or harbor infrastructure was originally constructed changes
10or is incompatible with the port authority’s master plan, the private
11owner shall pay the public agency the percentage of the full
12appreciated value of the port or harbor infrastructure that was
13originally financed with public funds.
14(d) Any port or harbor infrastructure may be located within,
15partly within and partly outside, or outside the boundaries of any
17(e) Any port or harbor infrastructure that has been purchased,
18constructed, expanded, improved, or rehabilitated by the
19expenditure or use of public trust revenues shall be held as an asset
20of the trust in a share proportionate to the investment of public
21 trust revenues.
It is the intent of the Legislature to enact
38legislation to increase and diversify economic development at the
39Port of Los Angeles.