BILL NUMBER: AB 1275	AMENDED
	BILL TEXT

	AMENDED IN SENATE  SEPTEMBER 1, 2011
	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 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  that is subject
to validating proceedings  , or a particular severable provision
of the contract  or other instrument  , may be
declared by a court to be null and void if the court determines that
the  agency has performed specified actions  
contract or severable portion of the contract violates the law or
public policy  . 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.
 This section shall not be deemed to prevent the delegation of
ministerial or administrative decisions to administrative officers or
employees if that delegation is subject to standards sufficient to
ensure consistency with the decision of the agency or legislative
body. 
  SEC. 2.  Section 33125 of the Health and Safety Code is amended to
read:
   33125.  An agency may do  all of  the following:
   (a)  Sue and be sued.
   (b)  Have a seal.
   (c)  Make  and execute   , execute, and amend
 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.
 
   (e) 
    (d)  Make, amend, and repeal bylaws and regulations not
inconsistent with, and to carry into effect, the powers and purposes
of this part.
  SEC. 3.  Section 33137 is added to the Health and Safety Code, to
read:
   33137.  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  that
is subject to validating proceedings pursuant to Section 53511 of the
Government Code  , or a particular severable provision of that
contract  or instrument  , may be declared by a
court to be null and void if the  court determines that the
agency has done any of the following:  
   (a) Exercised the authority that is provided to the agency
pursuant to this part in a manner that exceeded the agency's
authority or constituted an abuse of discretion by the agency.
 
   (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)     Assumed any
other obligations that impair its ability to meet existing
obligations under this part.   court determines that the
contract or severable provision of the contract violates the law or
public policy.