Amended in Senate August 22, 2014

Amended in Senate August 21, 2013

Amended in Senate August 13, 2013

Amended in Assembly May 13, 2013

Amended in Assembly April 9, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 423

Introduced by Assembly Member begin delete Torres end delete begin insert Brown end insert

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(Principal coauthor: Senator Torres)

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(Coauthor: Assembly Member Rodriguez)

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February 15, 2013

An act to begin delete amend Section 34171 of, and to add Section 34176.6 to, the Health and Safety end delete begin insert add Section 94923.5 to the Education end insert Code, relating to begin delete housing, and declaring the urgency thereof, to take effect immediately. end delete begin insert private postsecondary education, and making an appropriation therefor. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 423, as amended, begin delete Torres end delete   begin insert Brown end insert . begin delete Multiphase affordable housing projects: enforceable obligations. end delete begin insert Student Tuition Recovery Fund: claims. end insert

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Existing law, the California Private Postsecondary Education Act of 2009, which is repealed on January 1, 2015, provides for, among other things, student protections and regulatory oversight of private postsecondary institutions in the state. The act is enforced by the Bureau for Private Postsecondary Education in the Department of Consumer Affairs. The act requires the bureau to adopt regulations governing the administration and maintenance of the Student Tuition Recovery Fund, including requirements relating to assessments on students and student claims against the Student Tuition Recovery Fund, a continuously appropriated fund.

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This bill would provide that a student who uses a Cal Grant or a Pell Grant to pay tuition at a qualifying institution is not thereby made ineligible to apply for payment from the Student Tuition Recovery Fund. The bill would also provide that, when the application of a student who uses a Cal Grant to pay tuition at a qualifying institution for payment from the Student Tuition Recovery Fund is granted, the bureau shall pay that amount to the Student Aid Commission. By expanding eligibility for payments from a continuously appropriated fund, the bill would make an appropriation.

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This bill would become operative only if an act that becomes operative on or before January 1, 2015, delays or eliminates the January 1, 2015, repeal date of the California Private Postsecondary Education Act of 2009.

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The Community Redevelopment Law authorizes the establishment of redevelopment agencies in communities to address the effects of blight, as defined. Existing law dissolved redevelopment agencies and community development agencies as of February 1, 2012, and provides for the designation of successor agencies. Existing law imposes various requirements on successor agencies and subjects successor agency actions to the review of oversight boards. Existing law requires each oversight board to direct the successor agency to, among other things, cease performance in connection with and terminate all existing agreements that do not qualify as enforceable obligations, as defined.

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This bill would authorize a successor agency of a former redevelopment agency that commenced and completed construction of portions of a multiphase affordable housing project in a county with a population over 1.7 million or in a city with a population over 160,000 to enter into a new enforceable obligation to complete the design and construction of a qualifying future phase, as specified, of a project. The bill would require that any moneys from the former redevelopment agency’s Low and Moderate Income Housing Fund that have not been remitted to the county auditor-controller, as specified, to first be allocated to the implementing entity of the new enforceable obligation to pay for the costs associated with specified agreements. The bill would require, if the remaining balance of the Low and Moderate Income Housing Fund is insufficient to pay for the costs associated with the specified agreements, any remaining costs to be included on Recognized Obligation Payment Schedules as enforceable obligations and be funded with Redevelopment Property Tax Trust Funds.

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This bill would declare that it is to take effect immediately as an urgency statute.

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Vote:  begin delete ²⁄₃ end delete begin insert majority end insert . Appropriation:  begin delete no end delete begin insert yes end insert . Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

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begin insert Section 94923.5 is added to the end insert begin insert Education Code end insert begin insert ,
to read: end insert

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begin insert 94923.5. end insert   

(a) A student who uses a Cal Grant, Pell Grant, or
both, to pay tuition at a qualifying institution is not thereby made
ineligible to apply for payment from the Student Tuition Recovery
Fund.

(b) When the application of a student who uses a Cal Grant to
pay tuition at a qualifying institution for payment from the Student
Tuition Recovery Fund is granted, the bureau shall pay that amount
to the Student Aid Commission.

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begin insert SEC. 2. end insert   

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This act shall become operative only if an act that
becomes operative on or before January 1, 2015, amends or
repeals Section 94950 of the Education Code to delay or eliminate
the January 1, 2015, repeal date of the California Private
Postsecondary Education Act of 2009 (Chapter 8 (commencing
with Section 94800) of Part 59 of Division 10 of Title 3 of the
Education Code).

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All matter omitted in this version of the bill appears in the bill as amended in the Senate, August 21, 2013. (JR11)