BILL NUMBER: AB 910 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 31, 2011
INTRODUCED BY Assembly Member Torres
FEBRUARY 17, 2011
An act to amend Section 33333.6 of the Health and Safety
Code, relating to redevelopment. An act to amend
Section 53395.3 of the Government Code, relating to local planning.
LEGISLATIVE COUNSEL'S DIGEST
AB 910, as amended, Torres. Redevelopment plans: time
limitations. Infrastructure financing districts:
facilities and projects.
Existing law authorizes counties and cities to form infrastructure
financing districts, in accordance with a prescribed procedure, and
requires that a district finance only public capital facilities of
communitywide significance, as specified.
This bill would, in addition to public capital facilities, require
a district to finance affordable housing facilities and economic
development projects.
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 approve a
redevelopment plan for each project area. Existing law terminates the
effectiveness of every redevelopment plan adopted on or before
December 31, 1993, 40 years from the adoption of the redevelopment
plan or January 1, 2009, whichever is later.
This bill would make technical, nonsubstantive changes to the
provision of law relating to the effectiveness of redevelopment
plans.
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 53395.3 of the
Government Code is amended to read:
53395.3. (a) (1) A district may finance
(1) the all of the following:
(A) The purchase, construction,
expansion, improvement, seismic retrofit, or rehabilitation of any
real or other tangible property with an estimated useful life of 15
years or longer which that satisfies
the requirements of subdivision (b), (2) may finance
(b).
(B) The planning and design work
which that is directly related to the
purchase, construction, expansion, or rehabilitation of that
property and (3) the property.
(C) The costs described in
Sections 53395.5, and 53396.5. A
(2) A district may only
finance only the purchase of facilities for
which construction has been completed, as determined by the
legislative body. The facilities need not be physically located
within the boundaries of the district. A district may not finance
routine maintenance, repair work, or the costs of ongoing operation
or providing services of any kind.
(b) The district shall finance only affordable
housing facilities, economic development projects, and public
capital facilities of communitywide significance, which
that provide significant benefits to an area
larger than the area of the district, including, but not limited to,
all of the following:
(1) Highways, interchanges, ramps and bridges, arterial streets,
parking facilities, and transit facilities.
(2) Sewage treatment and water reclamation plants and interceptor
pipes.
(3) Facilities for the collection and treatment of water for urban
uses.
(4) Flood control levees and dams, retention basins, and drainage
channels.
(5) Child care facilities.
(6) Libraries.
(7) Parks, recreational facilities, and open space.
(8) Facilities for the transfer and disposal of solid waste,
including transfer stations and vehicles.
(c) Any district which that
constructs dwelling units shall set aside not less than 20 percent of
those units to increase and improve the community's supply of low-
and moderate-income housing available at an affordable housing cost,
as defined by Section 50052.5 of the Health and Safety Code, to
persons and families of low- and moderate-income, as defined in
Section 50093 of the Health and Safety Code.
SECTION 1. Section 33333.6 of the Health and
Safety Code is amended to read:
33333.6. The limitations of this section shall apply to every
redevelopment plan adopted on or before December 31, 1993.
(a) The effectiveness of every redevelopment plan to which this
section applies shall terminate at a date that shall not exceed 40
years from the date of the adoption of the redevelopment plan or
January 1, 2009, whichever date is later. After the time limit on the
effectiveness of the redevelopment plan, the agency shall have no
authority to act pursuant to the redevelopment plan except to pay
previously incurred indebtedness, to comply with Section 33333.8 and
to enforce existing covenants, contracts, or other obligations.
(b) Except as provided in subdivisions (f) and (g), a
redevelopment agency may not pay indebtedness or receive property
taxes pursuant to Section 33670 after 10 years from the termination
of the effectiveness of the redevelopment plan pursuant to
subdivision (a).
(c) (1) If plans that had different dates of adoption were merged
on or before December 31, 1993, the time limitations required by this
section shall be counted individually for each merged plan from the
date of the adoption of each plan. If an amendment to a redevelopment
plan added territory to the project area on or before December 31,
1993, the time limitations required by this section shall commence,
with respect to the redevelopment plan, from the date of the adoption
of the redevelopment plan, and, with respect to the added territory,
from the date of the adoption of the amendment.
(2) If plans that had different dates of adoption are merged on or
after January 1, 1994, the time limitations required by this section
shall be counted individually for each merged plan from the date of
the adoption of each plan.
(d) (1) Unless a redevelopment plan adopted prior to January 1,
1994, contains all of the limitations required by this section and
each of these limitations does not exceed the applicable time limits
established by this section, the legislative body, acting by
ordinance on or before December 31, 1994, shall amend every
redevelopment plan adopted prior to January 1, 1994, either to amend
an existing time limit that exceeds the applicable time limit
established by this section or to establish time limits that do not
exceed the provisions of subdivision (b) or (c).
(2) The limitations established in the ordinance adopted pursuant
to this section shall apply to the redevelopment plan as if the
redevelopment plan had been amended to include those limitations.
However, in adopting the ordinance required by this section, neither
the legislative body nor the agency is required to comply with
Article 12 (commencing with Section 33450) or any other provision of
this part relating to the amendment of redevelopment plans.
(e) (1) If a redevelopment plan adopted prior to January 1, 1994,
contains one or more limitations required by this section, and the
limitation does not exceed the applicable time limit required by this
section, this section shall not be construed to require an amendment
of this limitation.
(2) (A) A redevelopment plan adopted prior to January 1, 1994,
that has a limitation shorter than the terms provided in this section
may be amended by a legislative body by adoption of an ordinance on
or after January 1, 1999, but on or before December 31, 1999, to
extend the limitation, provided that the plan as so amended does not
exceed the terms provided in this section. In adopting an ordinance
pursuant to this subparagraph, neither the legislative body nor the
agency is required to comply with Section 33354.6, Article 12
(commencing with Section 33450), or any other provision of this part
relating to the amendment of redevelopment plans.
(B) On or after January 1, 2002, a redevelopment plan may be
amended by a legislative body by adoption of an ordinance to
eliminate the time limit on the establishment of loans, advances, and
indebtedness required by this section prior to January 1, 2002. In
adopting an ordinance pursuant to this subparagraph, neither the
legislative body nor the agency is required to comply with Section
33354.6, Article 12 (commencing with Section 33450), or any other
provision of this part relating to the amendment of redevelopment
plans, except that the agency shall make the payment to affected
taxing entities required by Section 33607.7.
(C) When an agency is required to make a payment pursuant to
Section 33681.9, the legislative body may amend the redevelopment
plan to extend the time limits required pursuant to subdivisions (a)
and (b) by one year by adoption of an ordinance. In adopting an
ordinance pursuant to this subparagraph, neither the legislative body
nor the agency is required to comply with Section 33354.6, Article
12 (commencing with Section 33450), or any other provision of this
part relating to the amendment of redevelopment plans, including, but
not limited to, the requirement to make the payment to affected
taxing entities required by Section 33607.7.
(D) When an agency is required pursuant to Section 33681.12 to
make a payment to the county auditor for deposit in the county's
Educational Revenue Augmentation Fund created pursuant to Article 3
(commencing with Section 97) of Chapter 6 of Part 0.5 of Division 1
of the Revenue and Taxation Code, the legislative body may amend the
redevelopment plan to extend the time limits required pursuant to
subdivisions (a) and (b) by the following:
(i) One year for each year in which a payment is made, if the time
limit for the effectiveness of the redevelopment plan established
pursuant to subdivision (a) is 10 years or less from the last day of
the fiscal year in which a payment is made.
(ii) One year for each year in which a payment is made, if both of
the following apply:
(I) The time limit for the effectiveness of the redevelopment plan
established pursuant to subdivision (a) is more than 10 years but
less than 20 years from the last day of the fiscal year in which a
payment is made.
(II) The legislative body determines in the ordinance adopting the
amendment that, with respect to the project, the agency is in
compliance with Section 33334.2 or 33334.6, as applicable, has
adopted an implementation plan in accordance with the requirements of
Section 33490, is in compliance with subdivisions (a) and (b) of
Section 33413, to the extent applicable, and is not subject to
sanctions pursuant to subdivision (e) of Section 33334.12 for failure
to expend, encumber, or disburse an excess surplus.
(iii) This subparagraph shall not apply to any redevelopment plan
if the time limit for the effectiveness of the redevelopment plan
established pursuant to subdivision (a) is more than 20 years after
the last day of the fiscal year in which a payment is made.
(3) (A) The legislative body by ordinance may adopt the amendments
provided for under this paragraph following a public hearing. Notice
of the public hearing shall be mailed to the governing body of each
affected taxing entity at least 30 days prior to the public hearing
and published in a newspaper of general circulation in the community
at least once, not less than 10 days prior to the date of the public
hearing. The ordinance shall contain a finding of the legislative
body that funds used to make a payment to the county's Educational
Revenue Augmentation Fund pursuant to Section 33681.12 would
otherwise have been used to pay the costs of projects and activities
necessary to carry out the goals and objectives of the redevelopment
plan. In adopting an ordinance pursuant to this paragraph, neither
the legislative body nor the agency is required to comply with
Section 33354.6, Article 12 (commencing with Section 33450), or any
other provision of this part relating to the amendment of
redevelopment plans.
(B) The time limit on the establishment of loans, advances, and
indebtedness shall be deemed suspended and of no force or effect but
only for the purpose of issuing bonds or other indebtedness the
proceeds of which are used to make the payments required by Section
33681.12 if the following apply:
(i) The time limit on the establishment of loans, advances, and
indebtedness required by this section prior to January 1, 2002, has
expired and has not been eliminated pursuant to subparagraph (B).
(ii) The agency is required to make a payment pursuant to Section
33681.12.
(iii) The agency determines that in order to make the payment
required by Section 33681.12, it is necessary to issue bonds or incur
other indebtedness.
(iv) The proceeds of the bonds issued or indebtedness incurred are
used solely for the purpose of making the payments required by
Section 33681.12 and related costs.
The suspension of the time limit on the establishment of loans,
advances, and indebtedness pursuant to this subparagraph shall not
require the agency to make the payment to affected taxing entities
required by Section 33607.7.
(4) (A) A time limit on the establishing of loans, advances, and
indebtedness to be paid with the proceeds of property taxes received
pursuant to Section 33670 to finance in whole or in part the
redevelopment project shall not prevent an agency from incurring debt
to be paid from the agency's Low and Moderate Income Housing Fund or
establishing more debt in order to fulfill the agency's affordable
housing obligations, as defined in paragraph (1) of subdivision (a)
of Section 33333.8.
(B) A redevelopment plan may be amended by a legislative body to
provide that there shall be no time limit on the establishment of
loans, advances, and indebtedness paid from the agency's Low and
Moderate Income Housing Fund or establishing more debt in order to
fulfill the agency's affordable housing obligations, as defined in
paragraph (1) of subdivision (a) of Section 33333.8. In adopting an
ordinance pursuant to this subparagraph, neither the legislative body
nor the agency is required to comply with Section 33345.6, Article
12 (commencing with Section 33450), or any other provision of this
part relating to the amendment of redevelopment plans, and the agency
shall not make the payment to affected taxing entities required by
Section 33607.7.
(f) The limitations established in the ordinance adopted pursuant
to this section shall not be applied to limit the allocation of taxes
to an agency to the extent required to comply with Section 33333.8.
In the event of a conflict between these limitations and the
obligations under Section 33333.8, the limitations established in the
ordinance shall be suspended pursuant to Section 33333.8.
(g) (1)This section does not effect the validity of any bond,
indebtedness, or other obligation, including any mitigation agreement
entered into pursuant to Section 33401, authorized by the
legislative body, or the agency pursuant to this part, prior to
January 1, 1994.
(2) This section does not affect the right of an agency to receive
property taxes, pursuant to Section 33670, to pay the bond,
indebtedness, or other obligation.
(3) This section does not affect the right of an agency to receive
property taxes pursuant to Section 33670 to pay refunding bonds
issued to refinance, refund, or restructure indebtedness authorized
prior to January 1, 1994, if the last maturity date of these
refunding bonds is not later than the last maturity date of the
refunded indebtedness and the sum of the total net interest cost to
maturity on the refunding bonds plus the principal amount of the
refunding bonds is less than the sum of the total net interest cost
to maturity on the refunded indebtedness plus the principal amount of
the refunded indebtedness.
(h) A redevelopment agency shall not pay indebtedness or receive
property taxes pursuant to Section 33670, with respect to a
redevelopment plan adopted prior to January 1, 1994, after the date
identified in subdivision (b) or the date identified in the
redevelopment plan, whichever is earlier, except as provided in
paragraph (2) of subdivision (e), in subdivision (g), or in Section
33333.8.
(i) The Legislature finds and declares that the amendments made to
this section by Chapter 942 of the Statutes of 1993 are intended to
add limitations to the law on and after January 1, 1994, and are not
intended to change or express legislative intent with respect to the
law prior to that date. It is not the intent of the Legislature to
affect the merits of any litigation regarding the ability of a
redevelopment agency to sell bonds for a term that exceeds the limit
of a redevelopment plan pursuant to law that existed prior to January
1, 1994.
(j) If a redevelopment plan is amended to add territory, the
amendment shall contain the time limits required by Section 33333.2.