BILL NUMBER: AB 2161	CHAPTERED
	BILL TEXT

	CHAPTER  563
	FILED WITH SECRETARY OF STATE  SEPTEMBER 28, 2006
	APPROVED BY GOVERNOR  SEPTEMBER 28, 2006
	PASSED THE SENATE  AUGUST 31, 2006
	PASSED THE ASSEMBLY  AUGUST 31, 2006
	AMENDED IN SENATE  AUGUST 28, 2006
	AMENDED IN SENATE  AUGUST 7, 2006
	AMENDED IN SENATE  JUNE 19, 2006
	AMENDED IN ASSEMBLY  MARCH 27, 2006

INTRODUCED BY   Assembly Member Klehs

                        FEBRUARY 21, 2006

   An act to add and repeal Section 33413.1 of the Health and Safety
Code, relating to redevelopment, and declaring the urgency thereof,
to take effect immediately.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2161, Klehs  Child welfare services: resource family pilot
program.
   The Community Redevelopment Law requires a redevelopment agency to
replace dwelling units housing persons and families of low or
moderate income that are destroyed or removed from the low- and
moderate-income housing market as part of a redevelopment project
that is subject to a written agreement with the agency or where
financial assistance is provided by the agency. Existing law also
requires that specified percentages of new and substantially
rehabilitated dwelling units within a project area that are developed
by public or private entities or by persons other than the
redevelopment agency be affordable to and occupied by persons of low
and moderate income. These replacement, new, or rehabilitated
dwelling units are required to remain available at affordable housing
cost to, and occupied by, persons and families of low-income,
moderate-income, and very low income households for at least 55 years
for rental units and 45 years for homeownership units.
   This bill would, until January 1, 2012, authorize the
Redevelopment Agency of the County of Alameda to count the new
construction of units outside the project area, but within the City
of Hayward towards satisfaction of these housing obligations if
certain conditions are met. This authorization would apply only to
the Mt. Eden Sub-Area of the Eden Area Redevelopment Project Area.
   This bill would declare that because of the unique circumstances
applicable to the Redevelopment Agency of Alameda County with respect
to local housing requirements, a statute of general applicability
could not be enacted within the meaning of subdivision (b) of Section
16 of Article IV of the California Constitution, thus necessitating
the enactment of a special statute.
  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 33413.1 is added to the Health and Safety Code,
to read:
   33413.1.  (a) For only the Mt. Eden Sub-Area of the Eden
Redevelopment Project Area, the Redevelopment Agency of the County of
Alameda may count, towards satisfaction of the housing production
requirements of subdivision (b) of Section 33413, the construction of
units outside the project area but within the City of Hayward if all
of the following conditions are met:
   (1) The units shall be available at affordable housing cost to,
and occupied by, persons and families of very low or low income.
   (2) The units shall comply with subdivision (c) of Section 33413,
except that the requirements of that subdivision shall be deemed
satisfied if the recorded covenants or restrictions are enforceable
by the City of Hayward.
   (3) The units shall be located on a parcel or parcels immediately
contiguous to the Mt. Eden Sub-Area of the Eden Redevelopment Project
Area.
   (4) The Redevelopment Agency of the City of Hayward shall provide
to the Redevelopment Agency of the County of Alameda written consent
to the measures taken pursuant to this section and shall not count
any units credited to the Redevelopment Agency of Alameda County
pursuant to this section towards its own production or replacement
requirements under Section 33413.
   (b) The Redevelopment Agency of the County of Alameda shall cause
to be made available, at affordable housing cost to, and occupied by,
persons and families of very low, low-, or moderate-income
households, as applicable, two units outside the project area for
each unit that otherwise would have been required to be available
inside the project area as required by clause (ii) of subparagraph
(A) of paragraph (2) of subdivision (b) of Section 33413.
  (c) This section shall remain in effect only until January 1, 2012,
and as of that date is repealed, unless a later enacted statute,
that is enacted before January 1, 2012, deletes or extends that date.

  SEC. 2.  The Legislature finds and declares that because of the
unique circumstances applicable to the Redevelopment Agency of
Alameda County with respect to local housing requirements, a statute
of general applicability cannot be enacted within the meaning of
subdivision (b) of Section 16 of Article IV of the California
Constitution, and the enactment of a special statute is therefore
necessary.
  SEC. 3.  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:
   In order to ensure that the Redevelopment Agency of the County of
Alameda will be able to count these units towards satisfying its
housing obligation after the Mt. Eden Sub-Area of the Eden Project
Area is annexed to the City of Hayward on January 1, 2007, it is
necessary that this act take effect immediately.