BILL NUMBER: SB 441 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Leno
FEBRUARY 25, 2015
An act to amend Section 33333.7 of the Health and Safety Code,
relating to redevelopment.
LEGISLATIVE COUNSEL'S DIGEST
SB 441, as introduced, Leno. San Francisco redevelopment: housing.
The Community Redevelopment Law authorizes the establishment of
redevelopment agencies in communities to address the effects of
blight, as defined. Existing law dissolved redevelopment agencies as
of February 1, 2012, and provides for the designation of successor
agencies that are required to wind down the affairs of the dissolved
redevelopment agencies and to, among other things, make payments due
for enforceable obligations. Existing law authorized the former
Redevelopment Agency of the City and County of San Francisco, subject
to the approval of the board of supervisors of that city and county,
to incur indebtedness exclusively for specified Low and Moderate
Income Housing Fund activities until January 1, 2014, or until the
agency replaced all of the housing units demolished prior to the
enactment of the replacement housing obligations, and to receive tax
increment revenues to repay indebtedness incurred for those
activities until no later than January 1, 2044, as specified.
This bill would make a technical, nonsubstantive change to the
provision authorizing the former Redevelopment Agency of the City and
County of San Francisco to incur indebtedness exclusively for
specified Low and Moderate Income Housing Fund activities.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 33333.7 of the Health and Safety Code is
amended to read:
33333.7. (a) Notwithstanding the time limits set forth
in paragraph (1) of subdivision (a) of Section 33333.6, as that
paragraph (1) read on December 31, 2001, the Redevelopment Agency of
the City and County of San Francisco may, subject to the approval of
the Board of Supervisors of the City and County of San Francisco,
retain its ability to incur indebtedness exclusively for Low and
Moderate Income Housing Fund activities eligible under Sections
33334.2 and 33334.3 until January 1, 2014, or until the agency
replaces all of the housing units demolished prior to the enactment
of the replacement housing obligations in Chapter 970 of the Statutes
of 1975, whichever occurs earlier. The ability of the agency to
receive tax increment revenues to repay indebtedness incurred for
these Low and Moderate Income Housing Fund activities may be extended
until no later than January 1, 2044. Nothing in this paragraph shall
be construed to extend a plan's effectiveness, except to incur
additional indebtedness for Low and Moderate Income Housing Fund
activities, to pay previously incurred indebtedness, and to enforce
existing covenants, contracts, or other obligations.
(b) Annual revenues shall not exceed the amount necessary to fund
the Low and Moderate Income Housing Fund activities of the agency.
The agency shall neither collect nor spend more than 10 percent for
the planning and administrative costs authorized pursuant to
subdivision (e) of Section 33334.3. Revenues received under this
paragraph shall not exceed the amount of tax increment received and
allocated to the agency pursuant to the plan, as it has been amended,
less the amount necessary to pay prior outstanding indebtedness, and
less the amount of the project area's property tax revenue that
school entities are entitled to receive pursuant to Chapter 3
(commencing with Section 75) and Chapter 6 (commencing with Section
95) of Part 0.5 of Division 1 of the Revenue and Taxation Code if the
plan had not been amended. Additionally, revenues collected under
this paragraph are subject to the payments to affected taxing
entities pursuant to Section 33607.
(c) The activities conducted with revenues received under this
paragraph shall be consistent with the policies and objectives of the
community's housing element, as reviewed and approved by the
department, and shall address the unmet housing needs of very low,
low- and moderate-income households. The activities shall also be
consistent with the community's most recently approved consolidated
and annual action plans submitted to the United States Department of
Housing and Urban Development, and if the director deems it
necessary, the annual action plans shall be submitted to the
department on an annual basis. No less than 50 percent of the
revenues received shall be devoted to assisting in the development of
housing that is affordable to very low income households.
(d) The agency shall not incur any indebtedness pursuant to this
paragraph until the director certifies, after consulting with the
agency, the net difference between the number of housing units
affordable to persons and families of low and moderate income that
the agency destroyed or removed prior to January 1, 1976, and the
number of housing units affordable to persons and families of low and
moderate income that the agency rehabilitated, developed, or
constructed, or caused to be rehabilitated, developed, or constructed
within the project areas adopted prior to January 1, 1976.
(e) The agency shall not incur any indebtedness pursuant to this
paragraph unless the director of the department certifies annually,
prior to the creation of indebtedness, all of the following:
(1) The community has a current housing element that
substantially complies with the requirements of Article 10.6
(commencing with Section 65580) of Chapter 3 of Division 1 of Title 7
of the Government Code.
(2) The community's housing element indicates an unmet need for
Low and Moderate Income Housing Fund activities.
(3) The agency's most recent independent financial audit report
prepared pursuant to Section 33080.1 reports acceptable findings and
no major violations of this part.
(4) The agency has complied with subdivision (a) of Section
33334.2.
(5) The agency has met the requirements of this part with respect
to the provision of dwelling units for persons and families of low
or moderate income, including, but not limited to, the requirements
of Section 33413.