BILL NUMBER: AB 2362 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 21, 2010
AMENDED IN SENATE JUNE 16, 2010
AMENDED IN ASSEMBLY MAY 18, 2010
AMENDED IN ASSEMBLY APRIL 20, 2010
AMENDED IN ASSEMBLY APRIL 13, 2010
AMENDED IN ASSEMBLY APRIL 8, 2010
INTRODUCED BY Assembly Members Skinner and Blakeslee
FEBRUARY 19, 2010
An act to amend Sections 33020 and 33021 of, and to add
Section 33137 to, the Health An act to amend Section
33420.1 of the Health and Safety Code, relating to
redevelopment.
LEGISLATIVE COUNSEL'S DIGEST
AB 2362, as amended, Skinner. Redevelopment funds: soft-story
building improvement assistance. seismic
retrofits.
The Community Redevelopment Law authorizes the establishment of
redevelopment agencies in communities in order to address the effects
of blight, as defined, in those communities and requires those
agencies to prepare, or cause to be prepared, and to
approve a redevelopment plan for each project area. That law
authorizes the agencies to use tax increment financing for
redevelopment projects and repayment of redevelopment debts
, within a project area and for any project undertaken for
building rehabilitation or alternation in construction, to take those
actions deemed necessary and that are consistent with existing law
to provide for seismic retrofits, as specified .
This bill would redefine the term "redevelopment" to include the
provision of loan assistance to qualified homeowners, until January
1, 2016, as determined by the agency. The bill would authorize a
redevelopment agency to use redevelopment funds to issue a loan
limited to qualified homeowners for seismic retrofitting improvements
to a soft-story building, as prescribed, who reside in or within one
mile of the project area. The bill would authorize the use of funds
outside the project area only upon a specified resolution of the
agency and the legislative body. The bill would make this
authorization inoperative on January 1, 2016.
This bill would specifically include soft-story buildings, as
defined, as a type of building eligible for seismic retrofits
provided by an agency.
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 33420.1 of the
Health and Safety Code is amended to read:
33420.1. Within a project area, for any project undertaken by an
agency for building rehabilitation or alteration in construction, an
agency may take those actions which the agency determines necessary
and which is consistent with local, state, and federal law, to
provide for seismic retrofits as follows:
(a) For unreinforced masonry buildings, to meet the requirements
of Chapter 1 of the Appendix of the Uniform Code for Building
Conservation of the International Conference of Building Officials.
(b) For any buildings that qualify as "historical property" under
Section 37602, to meet the requirements of the State Historical
Building Code (Part 2.7 (commencing with Section 18950) of Division
13).
(c) For buildings other than unreinforced masonry buildings and
historical properties, including, but not limited to, soft-story
buildings, to meet the requirements of the most current
edition of the Uniform Building Code of the International Conference
of Building Officials. For purposes of this section, a
"soft-story building" means a wood frame, multiunit residential
building constructed before January 1, 1978, where the ground floor
of the portion of the structure contains parking or other similar
open floor space that causes soft, weak, or open-front wall lines.
If an agency undertakes seismic retrofits and proposes to add new
territory to the project area, to increase either the limitation on
the number of dollars to be allocated to the redevelopment agency or
the time limit on the establishing of loans, advances, and
indebtedness established pursuant to paragraphs (1) and (2) of
Section 33333.2, to lengthen the period during which the
redevelopment plan is effective, to merge project areas, or to add
significant additional capital improvement projects, as determined by
the agency, the agency shall amend its redevelopment plan and follow
the same procedure, and the legislative body is subject to the same
restrictions, as provided for in Article 4 (commencing with Section
33330) for the adoption of a plan.
SECTION 1. Section 33020 of the Health and
Safety Code is amended to read:
33020. "Redevelopment" means the planning, development,
replanning, redesign, clearance, reconstruction, or rehabilitation,
or any combination of these, of all or part of a survey area; the
provision of those residential, commercial, industrial, public, or
other structures or spaces as may be appropriate or necessary in the
interest of the general welfare, including recreational and other
facilities incidental or appurtenant to them; assistance to qualified
homeowners under Section 33137 until January 1, 2016; and payments
to school and community college districts in the fiscal years
specified in Sections 33681, 33681.5, 33681.7, 33681.9, and 33681.12.
SEC. 2. Section 33021 of the Health and Safety
Code is amended to read:
33021. Redevelopment includes:
(a) The alteration, improvement, modernization, reconstruction,
or rehabilitation, or any combination of these, of existing
structures in a project area.
(b) Provision for open-space types of use, such as streets and
other public grounds and space around buildings, and public or
private buildings, structures and improvements, and improvements of
public or private recreation areas and other public grounds.
(c) The replanning or redesign or original development of
undeveloped areas as to which either of the following conditions
exist.
(1) The areas are stagnant or improperly utilized because of
defective or inadequate street layout, faulty lot layout in relation
to size, shape, accessibility, or usefulness, or for other causes.
(2) The areas require replanning and land assembly for
reclamation or development in the interest of the general welfare
because of widely scattered ownership, tax delinquency, or other
reasons.
(d) Issuance of loans to qualified homeowners for seismic
retrofitting improvements to a soft-story building under Section
33137 until January 1, 2016.
SEC. 3. Section 33137 is added to the Health
and Safety Code, to read:
33137. (a) An agency may use redevelopment funds to issue loans
to qualified homeowners, who reside in or within one mile of the
project area, to make seismic retrofitting improvements to a
soft-story building, as specified in subdivision (c) and determined
by the local agency. The agency may use these funds outside the
project area only upon a resolution of the agency and the legislative
body that the use will be of benefit to the project area.
(b) The funds authorized by this section shall not include the
20-percent set aside funds for the construction of low- and
moderate-income housing required under Section 33334.2.
(c) For purposes of this section, both of the following shall
apply:
(1) "Seismic retrofitting improvements" has the same meaning as
defined in Section 74.5 of the Revenue and Taxation Code.
(2) "Soft-story building" means a wood frame, multiunit
residential building constructed before January 1, 1978, where the
ground floor of the portion of the structure contains parking or
other similar open floor space that causes soft, weak, or open-front
wall lines.
(d) The authorization provided in subdivision (a) shall remain
operative only until January 1, 2016.