BILL NUMBER: SB 766 CHAPTERED 09/27/00 CHAPTER 766 FILED WITH SECRETARY OF STATE SEPTEMBER 27, 2000 APPROVED BY GOVERNOR SEPTEMBER 26, 2000 PASSED THE SENATE AUGUST 30, 2000 PASSED THE ASSEMBLY AUGUST 25, 2000 AMENDED IN ASSEMBLY AUGUST 7, 2000 AMENDED IN ASSEMBLY JULY 6, 2000 AMENDED IN ASSEMBLY JUNE 21, 2000 AMENDED IN ASSEMBLY JUNE 21, 1999 AMENDED IN SENATE MAY 25, 1999 AMENDED IN SENATE APRIL 27, 1999 AMENDED IN SENATE APRIL 15, 1999 AMENDED IN SENATE APRIL 7, 1999 INTRODUCED BY Senator Escutia FEBRUARY 24, 1999 An act to add Section 33333.5 to the Health and Safety Code, relating to redevelopment, and declaring the urgency thereof, to take effect immediately. LEGISLATIVE COUNSEL'S DIGEST SB 766, Escutia. Redevelopment: City of South Gate. (1) Existing law relating to community redevelopment requires a redevelopment agency that undertakes any action to remedy or remove a release of hazardous substances on, under, or from property within a redevelopment project area to amend its redevelopment plan and to comply with other requirements. This bill would exempt the adoption of a redevelopment plan for a specified area of the City of South Gate from various requirements and would require the city to create a citizens' advisory committee to advise the redevelopment agency on development of the project area, thereby imposing a state-mandated local program. The bill would provide that it would not preclude the city or its redevelopment agency from using a prior environmental impact report prepared for the project area pursuant to regulations under the California Environmental Quality Act . (2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement, including the creation of a State Mandates Claims Fund to pay the costs of mandates that do not exceed $1,000,000 statewide and other procedures for claims whose statewide costs exceed $1,000,000. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. (3) This bill would declare that it is to take effect immediately as an urgency statute. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 33333.5 is added to the Health and Safety Code, to read: 33333.5. (a) With respect to the adoption of the redevelopment plan for an area of the City of South Gate with the approximate boundaries east of Atlantic Boulevard, south of Wood Avenue, north of Aldrich Road, and west of the Los Angeles River, the agency shall be exempt from the provisions of Sections 33322 to 33327, inclusive, and Section 33330 related to the addition of new territory to existing project areas. (b) Notwithstanding any other exemption granted by this section, the City of South Gate shall, prior to adoption of a redevelopment plan, conduct at least two public meetings on the proposed plan for South Gate residents and property owners. The City of South Gate shall also cause to be organized a citizens' advisory committee comprised of residents and property owners of the project, which shall advise the agency on development strategy and plans and other matters that may affect the residents of the project area. The citizens' advisory committee shall remain in existence for at least three years. (c) The adoption of a redevelopment plan pursuant to this section is limited to a plan that adds land into an existing redevelopment plan and does not involve a change of any general plan or zoning ordinance or grant any variance. Any change in zoning, a general plan, or a variance relating to the additional redevelopment plan area shall be subject to all applicable requirements of law. (d) Nothing in this section shall preclude the City of South Gate or its redevelopment agency from using a prior environmental impact report prepared for the site, referenced in subdivision (a), pursuant to Section 15153 of Title 14 of the California Code of Regulations. SEC. 2. Notwithstanding Section 17610 of the Government Code, if the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. If the statewide cost of the claim for reimbursement does not exceed one million dollars ($1,000,000), reimbursement shall be made from the State Mandates Claims Fund. SEC. 3. Due to unique facts and circumstances applicable to the area of the City of South Gate described in Section 33459.9 of the Health and Safety Code, the Legislature finds and declares that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution. Therefore, special legislation contained in Section 1 of this act is necessarily applicable only to the City of South Gate. SEC. 4. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: The area described in this act requires remediation from hazardous substances, and it is both economically and physically blighted. It is essential for the City of South Gate to be exempted from statutory requirements that could interfere with the vitally necessary adoption of its redevelopment plan at the earliest possible time. To ensure the adoption of the redevelopment plan at the earliest possible time, it is necessary that this act take effect immediately.