BILL NUMBER: SB 1287	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 29, 2010

INTRODUCED BY   Senator Ducheny

                        FEBRUARY 19, 2010

    An act to amend Section 33445.1 of the Health and Safety
Code, relating to redevelopment.   An act relating to
housing, making an appropriation therefor, and declaring the urgency
thereof, to take effect immediately. 


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1287, as amended, Ducheny.  Redevelopment: payment for
land or buildings.   Earthquake disaster relief: housing
assistance.  
   Existing law establishes the Disaster Relief Fund, a continuously
appropriated fund, for purposes of funding disbursements made for
response to and recovery from earthquakes, aftershocks, and other
related casualties. For the purposes of providing disaster relief in
communities subject to a natural disaster, existing law requires the
Department of Housing and Community Development to award funds, if
funds have been made available, to be used for housing persons of low
and moderate income.  
   This bill would appropriate $900,000 to the department to award
funds for housing persons of low and moderate income, for the
purposes of providing disaster relief in California communities
affected by the 7.2 magnitude earthquake, centered in Baja
California, Mexico, on April 4, 2010.  
   This bill would declare that it is to take effect immediately as
an urgency statute.  
   The Community Redevelopment Law authorizes a redevelopment agency,
with the consent of the legislative body, to pay all or a part of
the value of the land for, and the cost of the installation and
construction of, any improvement that is publicly owned and is
located outside, and not contiguous to, the project area, if that
improvement is located within the community, and if the legislative
body makes specified findings. Existing law provides that this
authorization is inapplicable, if the financing, construction, or
installation of the land or improvement is an obligation of the
agency under specified contracts.  
   This bill would modify that provision to instead provide that, if
the financing, construction, or installation of the land or
improvement is an obligation of the agency under specified contracts,
the agency is authorized to pay all or a part of the value of the
land and the cost of the installation and construction of the
improvement, but only in accordance with the requirements of another
specified provision of law. 
   Vote:  majority  2/3  . Appropriation:
 no   yes  . Fiscal committee:  no
  yes  . State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Notwithstanding any other law, for the
purposes of providing disaster relief in California communities
affected by the 7.2 magnitude earthquake, centered in Baja
California, Mexico, on April 4, 2010, the Legislature hereby
appropriates nine hundred thousand dollars ($900,000) from the
Disaster Relief Fund to the Department of Housing and Community
Development to award funds for housing persons of low and moderate
income. The department shall give first priority to funding housing
for persons of low income. 
   SEC. 2.    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 provide earthquake disaster relief services to
affected communities, it is necessary that this act take immediate
effect.  
  SECTION 1.    Section 33445.1 of the Health and
Safety Code is amended to read:
   33445.1.  (a) Notwithstanding Section 33440, an agency may, with
the consent of the legislative body, pay all or a part of the value
of the land for and the cost of the installation and construction of
any building, facility, structure, or other improvement that is
publicly owned and is located outside and not contiguous to the
project area, but is located within the community, if the legislative
body finds, based on substantial evidence in the record, all of the
following:
   (1) The acquisition of the land or the installation or
construction of the buildings, facilities, structures, or other
improvements that are publicly owned are of primary benefit to the
project area.
   (2) The acquisition of the land or the installation or
construction of the buildings, facilities, structures, or other
improvements that are publicly owned benefits the project area by
helping to eliminate blight within the project area, or will directly
assist in the provision of housing for low- or moderate-income
persons.
   (3) No other reasonable means of financing the acquisition of the
land or the installation or construction of the buildings,
facilities, structures, or other improvements that are publicly
owned, are available to the community, including, but not limited to,
general obligation bonds, revenue bonds, special assessment bonds,
or bonds issued pursuant to the Mello-Roos Community Facilities Act
of 1982 (Chapter 2.5 (commencing with Section 53311) of Part 1 of
Division 2 of Title 5 of the Government Code). In determining whether
other means of financing are feasible, the legislative body may take
into account any relevant factors, including, but not limited to:
   (A) Legal factors, such as the eligibility of the improvements for
funding under the governing statutes.
   (B) Economic factors, such as prevailing interest rates and market
conditions.
   (C) Political factors, such as the priority of commitments of
other public funding sources, the ability or willingness of property
owners or taxpayers to bear the cost of any special assessments,
taxes, or other charges, and the likelihood of obtaining voter
approval, if required.
   (4) The payment of funds for the acquisition of land or the cost
of buildings, facilities, structures, or other improvements that are
publicly owned is consistent with the implementation plan adopted
pursuant to Section 33490.
   (5) The acquisition of land and the installation of each building,
facility, structure, or improvement that is publicly owned is
provided for in the redevelopment plan.
   (b) An agency shall not pay for the normal maintenance or
operations of buildings, facilities, structures, or other
improvements that are publicly owned. Normal maintenance or
operations do not include the construction, expansion, addition to,
or reconstruction of, buildings, facilities, structures, or other
improvements that are publicly owned otherwise undertaken pursuant to
this section.
   (c) An action to challenge the findings required by this section
shall be filed and served within 60 days after the date of the
resolution containing the findings.
   (d) The provisions of this section shall not apply and the
provisions of Section 33445 shall apply if the financing,
construction, or installation of the land, buildings, facilities,
structures, or other improvements is an obligation of the agency
under a contract existing on December 31, 2009, specifically
described in the implementation plan prepared by the agency as of
July 1, 2009, pursuant to Section 33490, or specifically provided for
in the redevelopment plan as of December 31, 2009.