BILL NUMBER: AB 1275	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 25, 2011
	AMENDED IN ASSEMBLY  APRIL 14, 2011
	AMENDED IN ASSEMBLY  MARCH 31, 2011

INTRODUCED BY   Assembly Member Torres

                        FEBRUARY 18, 2011

   An act to  add Section 33137 to   amend
Sections 33121.5 and 33125 of, and to add Section 33137 to,  the
Health and Safety Code, relating to redevelopment.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1275, as amended, Torres. Redevelopment: agency contracts.
   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 authorizes
each agency to make and execute contracts and other instruments
necessary or convenient to the exercise of its powers.
   This bill would provide that a contract  or other instrument
 entered into by an agency  , or a particular severable
provision of the contract or other instrument,  may be declared
by a court to be null and void if the  agency performs
  court determines that the agency has performed 
specified actions.  The bill would make other technical 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 33121.5 of the  
Health and Safety Code   is amended to read: 
   33121.5.  When a decision, determination, or other action by the
agency or legislative body is required by this part, neither the
agency nor the legislative body shall delegate the obligation to
decide, determine, or act to another  person or  entity
unless a provision of this part specifically provides for that
delegation.
   SEC. 2.    Section 33125 of the   Health and
Safety Code   is amended to read: 
   33125.  An agency may  do the following  :
   (a)  Sue and be sued.
   (b)  Have a seal.
   (c)  Make and execute contracts and other instruments  ,
subject to the limitations and obligations imposed on an agency by
this part, as may be  necessary or convenient to the exercise of
its powers. 
   (d) Make and execute amendments to contracts and other
instruments, subject to the limitations and obligations imposed on an
agency by this part, as may be necessary or convenient to the
exercise of its powers, including, but not limited to, amendments to
conform a contract or other instrument to the redevelopment plan, an
amended redevelopment plan, a current state law or local ordinance,
or to comply with a court order issued pursuant to Section 33137.
 
   (d) 
    (e)  Make, amend, and repeal bylaws and regulations not
inconsistent with, and to carry into effect, the powers and purposes
of this part.
   SECTION 1.   SEC. 3.   Section 33137 is
added to the Health and Safety Code, to read:
   33137.   A contract   Notwithstanding Chapter
9 (commencing with Section 860) of Title 10 of Part 2 of the Code of
Civil Procedure, a contract or instrument  entered into by an
agency  , or a particular severable provision of that contract or
instrument,  may be declared by a court to be null and void if
the  agency does   court determines that the
  agency has done  any of the following:
   (a)  Exercises   Exercised  the
authority that is provided to the agency pursuant to this part in a
manner that  constitutes   exceeded the agency's
authority or constituted  an abuse of discretion  by the
agency  . 
   (b) Violates any powers or obligations granted to it by this part.
 
   (b) Entered into a contract or other instrument that, in whole or
in part, violated any powers granted to the agency or obligations
imposed on the agency by this part. 
   (c)  Assumes   Assumed  any other
obligations that  impairs   impair  its
ability to meet existing obligations under this part.