BILL NUMBER: AB 987 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 20, 2010
AMENDED IN ASSEMBLY JANUARY 4, 2010
AMENDED IN ASSEMBLY APRIL 14, 2009
INTRODUCED BY Assembly Member Ma
FEBRUARY 27, 2009
An act to amend Sections 65460.1, 65460.2, and 65460.4
of, and to add Sections 53395.7.5 and 65460.2.5 to, the Government
Code, relating to transit facilities. An act to amend
Sections 65460.1, 65460.2, and 65460.4 of the Government Code,
relating to transit village development planning.
LEGISLATIVE COUNSEL'S DIGEST
AB 987, as amended, Ma. Transit village development
districts: infrastructure financing. districts.
Existing law, the Transit Village Development Planning Act of
1994, authorizes a city or county to create a transit village plan
for a transit village development district. A transit village
plan development district is required
to include all land within not less than 1/4 mile of the exterior
boundary of the parcel on which is located a transit station, as
defined. Existing law separately authorizes a legislative
body, as defined, to create an infrastructure financing district,
adopt an infrastructure financing plan, and issue bonds, for which
only the district is liable, to finance specified public facilities,
upon voter approval.
This bill would eliminate the requirement of voter
approval for the formation of an infrastructure financing district,
adoption of an infrastructure financing plan, and an issuance of
bonds for the purpose of implementing a transit village plan adopted
pursuant to the Transit Village Development Planning Act of 1994. The
bill would require a transit village plan financed by these bonds to
include demonstrable public benefits regarding housing and
provisions for the dedicated use of bond proceeds to finance certain
types of housing. This bill would recast the area included
in a transit village plan development
district to include all land within not more than 1/2 mile of
the main entrance of a transit station and make additional
legislative findings . The bill also would make technical,
nonsubstantive changes.
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 53395.7.5 is added to the
Government Code, to read:
53395.7.5. With respect to an infrastructure financing district
proposed to implement a transit village plan adopted pursuant to
Article 8.5 (commencing with Section 65460) of Chapter 3 of Division
1 of Title 7, an election is not required to form an infrastructure
financing district, adopt an infrastructure financing plan, or issue
bonds pursuant to this chapter. Any other provision of this chapter
applies to the formation of an infrastructure financing district and
the adoption of an infrastructure financing plan.
SEC. 2. SECTION 1. Section 65460.1
of the Government Code is amended to read:
65460.1. (a) The Legislature hereby finds and declares all of the
following:
(1) Federal, state, and local governments in California are
investing in new and expanded transit systems in areas throughout the
state, including Los Angeles County, the San Francisco Bay area, San
Diego County, Santa Clara County, and Sacramento County.
(2) This public investment in transit is unrivaled in the state's
history and represents well over ten billion dollars
($10,000,000,000) in planned investment alone.
(3) Recent studies of transit ridership in California indicate
that persons who live within a one-half-mile radius of transit
stations utilize the transit system in far greater numbers than does
the general public living elsewhere.
(4) The greater use of public transit facilitated by the
development of transit villages improves local street, road, and
highway congestion by providing viable alternatives to automobile
use.
(5) The development of transit village development districts can
improve environmental conditions by increasing the use of public
transit, facilitating the creation of and improvement to walkable,
mixed-use communities, and decreasing automobile use.
(6) The development of transit village development districts
throughout the state should be environmentally conscious and
sustainable, and related construction should meet or exceed the
requirements of the California Green Building Standards Code,
Part 11 of Title 24 of the Ca lifornia Code of
Regulations, or its successor code.
(7) Only a few transit stations in California have any
concentration of housing proximate to the station.
(8) Interest in clustering housing and commercial development
around transit stations, called transit villages, has gained momentum
in recent years.
(b) For purposes of this article, the following definitions shall
apply:
(1) "Bus hub" means an intersection of three or more bus routes,
with a minimum route headway of 10 minutes during peak hours.
(2) "Bus transfer station" means an arrival, departure, or
transfer point for the area's intercity, intraregional, or
interregional bus service having permanent investment in multiple bus
docking facilities, ticketing services, and passenger shelters.
(3) "County" includes a city and county.
(4)
(3) "District" means a transit village development
district as defined in Section 65460.4.
(5)
(4) "Peak hours" means the time between 7 a.m. to 10
a.m., inclusive, and 3 p.m. to 7 p.m., inclusive, Monday through
Friday.
(6)
(5) "Transit station" means a rail or light-rail
station, ferry terminal, bus hub, or bus transfer station.
SEC. 3. SEC. 2. Section 65460.2 of
the Government Code is amended to read:
65460.2. A city or county may prepare a transit village plan for
a transit village development district that addresses the following
characteristics:
(a) A neighborhood centered around a transit station that is
planned and designed so that residents, workers, shoppers, and others
find it convenient and attractive to patronize transit.
(b) A mix of housing types, including apartments, within not more
than one-half mile of the main entrance of the transit station.
(c) Other land uses, including a retail district oriented to the
transit station and civic uses, including day care centers and
libraries.
(d) Pedestrian and bicycle access to the transit station, with
attractively designed and landscaped pathways.
(e) A transit system that should encourage and facilitate
intermodal service, and access by modes other than single occupant
vehicles.
(f) Demonstrable public benefits beyond the increase in transit
usage, including any five of the following:
(1) Relief of traffic congestion.
(2) Improved air quality.
(3) Increased transit revenue yields.
(4) Increased stock of affordable housing.
(5) Redevelopment of depressed and marginal inner-city
neighborhoods.
(6) Live-travel options for transit-needy groups.
(7) Promotion of infill development and preservation of natural
resources.
(8) Promotion of a safe, attractive, pedestrian-friendly
environment around transit stations.
(9) Reduction of the need for additional travel by providing for
the sale of goods and services at transit stations.
(10) Promotion of job opportunities.
(11) Improved cost-effectiveness through the use of the existing
infrastructure.
(12) Increased sales and property tax revenue.
(13) Reduction in energy consumption.
(g) Sites where a density bonus of at least 25 percent may be
granted pursuant to specified performance standards.
(h) Other provisions that may be necessary, based on the report
prepared pursuant to subdivision (b) of former Section 14045, as
enacted by Section 3 of Chapter 1304 of the Statutes of 1990.
SEC. 4. Section 65460.2.5 is added to the
Government Code, to read:
65460.2.5. If a city, county, or city and county finances any
portion of a district, as defined in this article, under the
provisions of Chapter 2.8 (commencing with Section 53395) of Part 1
of Division 2 of Title 5, the city, county, or city and county shall
do all of the following:
(a) Use at least 20 percent of all revenues derived from the
property tax increment under Chapter 2.8 (commencing with Section
53395) of Part 1 of Division 2 of Title 5 for the purposes of
increasing, improving, and preserving the supply of lower and
moderate-income housing available in the district at affordable
housing cost, as defined in Section 50052.5 of the Health and Safety
Code, and occupied by persons and families of low- or
moderate-income, as defined in Section 50093 of the Health and Safety
Code, lower income households, as defined in Section 50079.5 of the
Health and Safety Code, very low income households, as defined in
Section 50105 of the Health and Safety Code, and extremely low income
households, as defined in Section 50106 of the Health and Safety
Code. The amount of very low, low- and moderate-income housing shall
be in compliance with the Community Redevelopment Law (Part 1
(commencing with Section 33000) of Division 24 of the Health and
Safety Code) and any adopted policies of the city, county, or city
and county that adopted the transit village plan.
(b) Require that housing units described in subdivision (a) remain
available at affordable housing cost to, and occupied by, persons
and families of low- or moderate-income and very low income and
extremely low income households for the longest feasible time, but
for not less than 55 years for rental units and 45 years for
owner-occupied units. The covenants or restrictions implementing this
requirement shall be in compliance with subdivision (f) of Section
33334.3 of the Health and Safety Code.
(c) Rehabilitate, develop, or construct, or cause to be
rehabilitated, developed, or constructed for rental or sale to
persons and families of low- or moderate-income an equal number of
replacement dwelling units that have an equal or greater number of
bedrooms as the destroyed or removed units, at affordable housing
costs within the district, and within four years after the
destruction or removal, whenever dwelling units housing persons and
families of low- or moderate-income are destroyed or removed from the
low- and moderate-income housing market as part of the development
of a district that is subject to a written agreement with the city,
county, or city and county, or when financial assistance has been
provided by the city, county, or city and county. The replacement
dwelling units shall be available at affordable housing cost to, and
occupied by, persons and families in the same or a lower income
category as the persons and families displaced from those destroyed
or removed units.
(d) Include in the transit village plan both of the following:
(1) As one of the five demonstrable public benefits required by
subdivision (f) of Section 65460.2, either an increased stock of
affordable housing or live-travel options for transit-needy groups.
(2) Provisions to implement subdivisions (a) and (b) and paragraph
(1).
SEC. 5. SEC. 3. Section 65460.4 of
the Government Code is amended to read:
65460.4. A transit village development district shall include all
land within not more than one-half mile of the main entrance of a
transit station designated by the legislative body of a city, county,
or city and county that has jurisdiction over the station area.