Amended in Assembly January 6, 2014

Amended in Assembly September 11, 2013

Amended in Assembly April 9, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 690

Introduced by Assembly begin delete Member end delete begin insert Members end insert Campos begin insert and Medina end insert

February 21, 2013

begin delete An act to amend Sections 53395, 53395.1, 53395.3, 53395.4, 53395.10, 53395.13, 53395.14, 53395.19, and 53395.20 of, to add Sections 53395.3.6, 53395.3.7, 53395.3.8, 53395.3.9, 53395.3.10, 53395.3.11, and 53395.3.12 to, and to repeal Sections 53395.5, 53395.23, and 53395.24 of, the Government Code, and to amend Section 33459 of the Health and Safety Code, relating to jobs and education financing districts. end delete begin insert An act to add the heading of Chapter 1 (commencing with Section 99500) to, to add Chapter 2 (commencing with Section 99520) and Chapter 3 (commencing with Section 99530) to, Title 20 of, and to repeal Chapter 8 (commencing with 8700) and Chapter 8.1 (commencing with 8710) of Division 1 of Title 2 of, the Government Code, end insert begin insert relating to state government. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 690, as amended, Campos. begin delete Jobs and education financing districts: voter approval. end delete begin insert State government: international relations. end insert

begin insert

Existing law requires the California-Mexico Border Relations Council to, among other things, coordinate activities of state agencies that are related to cross-border programs, initiatives, projects, and partnerships that exist within state government. Existing law also authorizes the Office of California-Mexico Affairs to develop better relations with Mexico by coordinating with state agencies to foster economic cooperation.

end insert begin insert

This bill would repeal, and recast those provisions relating to the California-Mexico Border Relations Council. This bill would repeal, and recast those provisions relating to the Office of California-Mexico Affairs.

end insert begin delete

Existing law authorizes a legislative body, as defined, to create an infrastructure financing district, adopt an infrastructure financing plan, and issue bonds, for which only the district is liable, to finance specified public facilities, upon approval by 2⁄3 of the voters. Existing law authorizes an infrastructure financing district to fund infrastructure projects through tax increment financing, pursuant to the infrastructure financing plan and agreement of affected taxing entities, as defined.

end delete begin delete

Existing law, the Polanco Redevelopment Act, authorizes a redevelopment agency to take any action that the agency determines is necessary and consistent with state and federal laws to remedy or remove a release of hazardous substances on, under, or from property within a project area, whether the agency owns that property or not, subject to specified conditions.

end delete begin delete

This bill would revise and recast the provisions governing infrastructure financing districts and instead provide for the creation of jobs and education financing districts (JEDs) without voter approval, and would make various conforming changes. The bill would authorize a public financing authority to enter into joint powers agreements with affected taxing entities with regard to nontaxing authority or powers only. The bill would authorize a district to implement hazardous cleanup pursuant to the Polanco Redevelopment Act, as specified.

end delete

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

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

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Chapter 8 (commencing with Section 8700) of
Division 1 of Title 2 of the end insert begin insert Government Code end insert begin insert is repealed. end insert

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Chapter 8.1 (commencing with Section 8710) of
Division 1 of Title 2 of the end insert begin insert Government Code end insert begin insert is repealed. end insert

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert The heading of Chapter 1 (commencing with Section
99500) is added to Title 20 of the end insert begin insert Government Code end insert begin insert , to read: end insert

begin insert

 

Chapter   begin insert 1. end insert General Provisions

 

end insert

begin insert

begin insert SEC. 4. end insert   

end insert

begin insert Chapter 2 (commencing with Section 99520) is added
to Title 20 of the end insert begin insert Government Code end insert begin insert , to read: end insert

begin insert

 

Chapter   begin insert 2. end insert Office of California-Mexico Affairs

 

begin insert 99520. end insert   

The Legislature finds and declares the following:

(a) The United States and Mexican economies have become
increasingly integrated, particularly since the 1994 adoption of
the North American Free Trade Agreement, or NAFTA.

(b) This integration has brought both California and Mexico
opportunities and challenges in the areas of economic development,
labor relations, and environmental protection.

(c) The California Office of the Southwest Border Regional
Conference (formerly commission) was established as part of a
joint American border states effort to further and develop favorable
relations with the six Mexican border states.

(d) The efforts of the California office of the conference continue
to be an essential part of California’s interaction with Mexico.

(e) It is important for the state and for the nation that state
agencies continue to address important United States-Mexico
issues.

(f) The Office of California-Mexico Affairs provides a focal
point in state government to serve as a clearinghouse for
information and assistance to other state agencies that are involved
with Mexico.

begin insert 99521. end insert   

The following definitions shall govern the construction
of this chapter:

(a) “Conference” means the Southwest Border Regional
Conference.

(b) “Office” means the Office of California-Mexico Affairs.

begin insert 99522. end insert   

(a) There is in state government an Office of
California-Mexico Affairs. Within this office the operations of the
California Office of the Southwest Border Regional Conference
shall be continued.

(b) The office succeeds to and is vested with all the duties,
powers, purposes, and responsibilities vested in the California
office of the conference and previously vested in the Commission
of the Californias.

(c) The office shall have possession and control of all records,
papers, offices, equipment, supplies, moneys, funds, appropriations,
land, and other property, real or personal, held for the benefit or
use of the California office of the conference, or previously held
for the benefit or use of the commission, in the performance of the
duties, powers, purposes, responsibilities, and jurisdiction of the
California office of the conference or the commission.

begin insert 99523. end insert   

The members of the Southwest Border Regional
Conference shall be the Governors of the four American border
states. The California member of the conference is the Governor
of California or his designee.

begin insert 99524. end insert   

The office shall further and develop favorable relations
with the State of Baja California, the State of Baja California Sur,
other Mexican states bordering on the United States, and the
remaining states and territories of the Republic of Mexico
necessary for the completion of the office’s tasks. The office shall
cooperate with similar organizations and agencies situated within
California, the United States, or Mexico, to further economic
development, improve working conditions and living standards,
and foster the protection and improvement of the environment in
Mexico and California. The office shall avail itself of the services
of the San Diego State University, which is engaged in educational,
cultural, and research activities with Mexico. The office shall be
responsible for carrying out the ongoing responsibilities of the
Southwest Border Regional Conference.

begin insert 99525. end insert   

The Governor shall appoint a director of the office.
The director may appoint and employ any personnel that he or
she deems necessary to carry out the functions of the office. The
office may incur all necessary expenses to effectuate its purposes
and may accept grants from federal and state agencies. The office
may also accept funds from private organizations or individuals
in order to assist the office in the accomplishment of its functions
as set forth in this chapter.

begin insert 99526. end insert   

Members and employees of the office may travel outside
of California and may hold hearings and conduct investigations
within and outside of the state whenever necessary to carry out
the duties set forth in this chapter. Members and employees may
acquire any available information from any governmental agency
within the United States or Mexico necessary for the completion
of their tasks.

begin insert 99527. end insert   

The office shall be responsible for the establishment of
committees in those topic areas deemed necessary by the director.
Recommendations of the committees shall not be binding on the
Governor or the Legislature but shall only be advisory in nature.

end insert

begin insert

begin insert SEC. 5. end insert   

end insert

begin insert Chapter 3 (commencing with Section 99530) is added
to Title 20 of the end insert begin insert Government Code end insert begin insert , to read: end insert

begin insert

 

Chapter   begin insert 3. end insert California-Mexico Border Relations Council

 

begin insert 99530. end insert   

The following definitions shall apply to this chapter:

(a) “Border” means the line of demarcation between California
and Mexico.

(b) “Council” means the California-Mexico Border Relations
Council.

(c) “Public agency” means a city, county, city and county,
district, or the state or any agency or department of the state.

begin insert 99531. end insert   

(a) The California-Mexico Border Relations Council
is hereby established in state government. The council shall consist
of the Director of the Governor’s Office of Business and Economic
Development, the Secretary of the Natural Resources Agency, the
Secretary for Environmental Protection, the Secretary of California
Health and Human Services, the Secretary of Transportation, the
Secretary of Food and Agriculture, and the Director of Emergency
Services.

(b) The Director of the Governor’s Office of Business and
Economic Development shall chair the council.

begin insert 99532. end insert   

The council shall do all of the following:

(a) Coordinate activities of state agencies that are related to
cross-border programs, initiatives, projects, and partnerships that
exist within state government, to improve the effectiveness of state
and local efforts that are of concern between California and
Mexico.

(b) Establish policies to coordinate the collection and sharing
of data related to cross-border issues between and among agencies.

(c) Identify and recommend to the Legislature changes in law
needed to achieve the goals of this section.

begin insert 99533. end insert   

Beginning January 1, 2008, the council shall submit a
report to the Legislature on the council’s activities annually.

end insert

begin delete

SECTION 1.  

It is the intent of the Legislature to do all of the
following:

(a) Establish a program that will enable local cities and counties
to form tax exempt financing authorities known as Jobs and
Education Financing Districts (JEDs).

(b) To authorize JEDs to prepare comprehensive job creation
plans (JCPs), the objective of which shall be to identify the targeted
industries that would be provided assistance in the form of property
tax increment financing to locate or expand within the JED.

SEC. 2.  

Section 53395 of the Government Code is amended
to read:

53395.  

The Legislature finds and declares all of the following:

(a) Approximately 85 percent of the state’s general fund budget
is generated by income taxes and sales and use taxes, which are
derived from, or are directly linked to, employment. Therefore,
the state’s structural budget deficit will not be resolved unless
private sector investment is encouraged.

(b) Tax increment financing is recognized as a compelling and
flexible financing tool for inducing private sector investment that
creates jobs and tax revenue for the state and for local communities.

(c) Local prevailing wage job creating projects that use tax
increment financing based on property tax have the potential to
return new income tax and sales tax revenue to the state on an
annual basis that would exceed the incremental property tax
invested in these projects. Increased tax revenues provide a link
between job creation and a balanced state budget, thus enabling
the state to meet its financial commitments to education and
long-term stable economic development.

SEC. 3.  

Section 53395.1 of the Government Code is amended
to read:

53395.1.  

Unless the context otherwise requires, the definitions
contained in this article shall govern the construction of this
chapter.

(a) “Affected taxing entity” means any governmental taxing
agency that levied or had levied on its behalf a property tax on all
or a portion of the property located in the proposed district in the
fiscal year prior to the designation of the district, but not including
any county office of education, school district, or community
college district, except as provided in paragraph (1) of subdivision
(d) of Section 53395.14.

(b) “City” means a city, a county, a city and county, or a joint
powers authority that is acting as the military base reuse authority
established pursuant to Title 7.86 (commencing with Section
67800).

(c) “Debt” means any binding obligation to repay a sum of
money, including obligations in the form of bonds, certificates of
participation, long-term leases, loans from government agencies,
or loans from banks, other financial institutions, private businesses,
or individuals, reimbursement agreements, advances, or other
forms of indebtedness or financial obligation, including, but not
limited to, commercial paper, variable rate demand notes, all
moneys payable in relation to the debt, and all debt service
coverage requirements in any debt instrument.

(d) “Designated official” means the city engineer or other
appropriate official designated pursuant to Section 53395.13.

(e) (1) “District” means a jobs and education financing district.

(2) A jobs and education financing district is a “district” within
the meaning of Section 1 of Article XIII A of the California
Constitution.

(f) “Jobs and education financing district” means a legally
constituted governmental entity established pursuant to this chapter
for the sole purpose of financing public facilities, and real and
tangible commercial property improvements as defined in
subdivision (a) of Section 53395.3.

(g) “Landowner” or “owner of land” means any person shown
as the owner of land on the last equalized assessment roll or
otherwise known to be the owner of the land by the legislative
body. The legislative body has no obligation to obtain other
information as to the ownership of land, and its determination of
ownership shall be final and conclusive for the purposes of this
chapter. A public agency is not a landowner or owner of land for
purposes of this chapter, unless the public agency owns all of the
land to be included within the proposed district.

(h) “Legislative body” means the city council or board of
supervisors, or joint powers authority that is acting as the military
base reuse authority established pursuant to Title 7.86
(commencing with Section 67800).

SEC. 4.  

Section 53395.3 of the Government Code is amended
to read:

53395.3.  

(a) The district may finance the costs of real and
tangible commercial property improvements, including the costs
of acquisition, installation, construction, inducements to private
parties, and costs of planning and design thereof, as well as the
costs of educational or job training programs created, established,
or continued in association therewith, in accordance with the
procedures contained in Sections 53395.13 and 53395.14.

(b) The district shall be a local agency within the meaning of
subdivision (d) of Section 33459 of the Health and Safety Code
and may finance any actions necessary to implement the Polanco
Redevelopment Act (Article 12.5 (commencing with Section
33459) of Chapter 4 of Part 1 of Division 24 of the Health and
Safety Code).

(c) The district may engage in activities in which property tax
increment is assumed, used, transferred, or otherwise encumbered
by the district for activities authorized in this section and during
the life of the district, as determined by paragraph (4) of
subdivision (d) of Section 53395.14, until the unemployment rate
of the district falls below the threshold stated in subdivision (c) of
Section 53395.10.

SEC. 5.  

Section 53395.3.6 is added to the Government Code,
to read:

53395.3.6.  

(a) There is in each city a public, corporate
instrumentality of the State of California, known as the jobs and
education financing district of the city. Each city is authorized to
utilize that district in the issuance of revenue bonds in the
accomplishment of the public purposes as provided in Section
53395.3. The purposes provided in Section 53395.3 shall be
deemed to constitute public purposes of the city, and the exercise
by each district of the powers conferred by this title, including the
power to issue revenue bonds, shall be deemed to be the
performance of an essential governmental function of the city.
However, that exercise of the powers conferred by this title in the
achievement of the purposes provided in Section 53395.3 shall be
subject to the provisions of, and exclusively as provided in, this
article.

(b) A district shall not transact any business or exercise any
powers under this article unless, by ordinance, the city council
declares that there is a need for the district and that the district
shall function. The ordinance shall be subject to referendum in the
manner prescribed by law for ordinances of the city.

(c) A district shall conclusively be deemed to have been
established and authorized to transact business and exercise its
powers upon proof of the adoption of the ordinance.

(d) Notwithstanding any other provision of this article, a city
shall have the power to transact any business or exercise any
powers of a district conferred by this title without having to
establish a district. However, a city, at its option may, establish a
district pursuant to this article to exercise any powers conferred
by this article. In the event that a city acts as a jobs and
infrastructure financing district, any reference to district and board
contained in this title shall mean city and city council, respectively.

SEC. 6.  

Section 53395.3.7 is added to the Government Code,
to read:

53395.3.7.  

The sole purpose of a district is to undertake projects
through the issuance of revenue bonds in accomplishment of the
purposes provided in Section 53395.3, to carry out and complete
those projects, and to perform and exercise derivative obligations
and powers.

SEC. 7.  

Section 53395.3.8 is added to the Government Code,
to read:

53395.3.8.  

(a) All powers vested in districts shall be
exercisable as their respective boards shall provide, solely to
accomplish the purposes of districts.

(b) The board shall consist of all of the members of the city
council.

(c) The directors shall serve without compensation, except that
they may be reimbursed for their actual and necessary expenses
incurred in the performance of their duties, or may receive a
reasonable per diem payment and mileage charge as reimbursement
for living and traveling expenses incurred in the performance of
duties away from the principal office. In addition, they also may
receive a reasonable mileage charge as reimbursement for traveling
expenses to and from the principal office of the authority, or the
place of meeting, if other than at the principal office.

SEC. 8.  

Section 53395.3.9 is added to the Government Code,
to read:

53395.3.9.  

(a) The principal office of a district shall be located
at the principal office of the city.

(b) Each district board shall have a chairperson, who shall be
elected by the members of the board from among its membership.

(c) Public officers of a district consist of the chairperson and
members of the board, a secretary, a treasurer, and those assistants
for the secretary and the treasurer as the board may appoint. The
corresponding officers of the city may, by designation by resolution
of the board, be the secretary, the treasurer, and the assistants of
the district. The secretary, the treasurer, and the assistants may be
compensated.

(d) A district shall file with the clerk of the city a certificate of
a majority of the authorized number of directors as to the secretary
and any assistant secretaries of the district, and the certificate, until
superseded by a later certificate, shall be conclusive with respect
to the district of which the person is the secretary or assistant
secretary, as the case may be, of the district.

(e) A certificate of the clerk of the city as to the secretary or
assistant secretary of the district, and of the secretary or assistant
secretary so certified as to the incumbents of any offices, shall be
conclusive with respect to the city and the district that those persons
are the incumbents of those offices in any transactions of the
district authorized by this title.

SEC. 9.  

Section 53395.3.10 is added to the Government Code,
to read:

53395.3.10.  

(a) A district may appoint any employees and
agents, including, without limitation, financial advisers or
consultants, accountants, architects, engineers, or other experts or
advisers as it requires, and may determine their qualifications,
duties, terms of employment or engagement, and compensation.
Officers, agents, or employees of a city may also be agents or
employees of a district. Officers, agents, or employees of a district
shall not, by reason thereof, be deemed to be officers, agents, or
employees of a city. A district shall adopt personnel rules and
regulations applicable to its employees.

(b) A district may contract for legal counsel as in its judgment
is necessary or advisable to enable it to carry out its purposes,
including bond counsel as it deems advisable in connection with
any proceedings.

(c) An attorney or firm of attorneys employed as counsel by a
company may not serve at the same time as legal counsel, including
bond counsel, and a person or firm employed as financial adviser
by a company may not serve at the same time as financial adviser,
to the district in connection with any project or proposed project
for the company.

SEC. 10.  

Section 53395.3.11 is added to the Government Code,
to read:

53395.3.11.  

A member of the board or other officer of a district
or a member of the city council who has any financial interest,
other than an interest as defined by Section 1091 or 1091.5, in any
project, project agreement, indenture, bond, or the sale thereof,
shall fully disclose the nature of the interest to the board, or city
council, and shall not cast a vote upon any matter concerning that
project, project agreement, indenture, bond, or the sale thereof, in
any manner whatsoever, except that the presence of the member
may be considered in determining the existence of a quorum.

SEC. 11.  

Section 53395.3.12 is added to the Government Code,
to read:

53395.3.12.  

A district may do all of the following:

(a) Sue and be sued in its own name.

(b) Have an official seal.

(c) Have perpetual succession.

(d) Make and execute contracts and other instruments and
documents.

(e) Make, amend, and repeal bylaws governing procedures and
meetings of the board and the duties of its officers, and make,
amend, and repeal rules, regulations, and policies governing the
transaction of its business and the exercise of its powers.

(f) Use premises of, subject to the regulation thereof by, the
city.

(g) Administer its funds and deposit, invest, and reinvest funds
in the types of securities or obligations permitted by the city in
accordance with law.

(h) Use discretion in the undertaking of projects, including the
establishment of reasonable priorities and criteria among the types
and locations of projects and regarding companies.

SEC. 12.  

Section 53395.4 of the Government Code is amended
to read:

53395.4.  

A district may include areas that are not contiguous.

SEC. 13.  

Section 53395.5 of the Government Code is repealed.

SEC. 14.  

Section 53395.10 of the Government Code is amended
to read:

53395.10.  

A legislative body of a city may designate one or
more proposed jobs and education financing districts pursuant to
this chapter in a United States Census-defined area with high
unemployment in excess of 7 percent, as determined by the most
recent data available from the American Community Survey (ACS)
of the federal Bureau of Labor Statistics (BLS) of the United States
Department of Labor at the time the district is formed. The United
States Census-defined area is comprised of census tracts that may
define conterminous areas within a city, or conterminous areas
that reside in more than one city. Proceedings for the establishment
of a district shall be instituted by the adoption of a resolution of
intention to establish the proposed district and shall do all of the
following:

(a) State that a job and infrastructure financing district is
proposed to be established under the terms of this chapter and
describe the boundaries of the proposed district, which may be
accomplished by reference to a map on file in the office of the
clerk of the city.

(b) State the type of public facilities and development proposed
to be financed or assisted by the district in accordance with Section
53395.3.

(c) State the need for the district based upon the most recent
month’s unemployment rate as published by the Employment
Development Department and the goals the district proposes to
achieve. These goals shall include, but are not limited to, reduction
of the district unemployment rate to the national average, as
determined by the latest information from the United States Bureau
of Labor Statistics, or 5 percent, whichever is lower.

(d) State that incremental property tax revenue from the city
and some or all affected taxing entities within the district may be
used to implement the job creation plan adopted pursuant to Section
53395.14.

(e) Fix a time and place for a public hearing on the proposal.

SEC. 15.  

Section 53395.13 of the Government Code is amended
to read:

53395.13.  

After adopting the resolution pursuant to Section
53395.10, the legislative body shall designate and direct the
appropriate official to prepare a job creation plan (JCP) pursuant
to Section 53395.14.

SEC. 16.  

Section 53395.14 of the Government Code is amended
to read:

53395.14.  

After receipt of a copy of the resolution of intention
to establish a district, the official designated pursuant to Section
53395.13 shall prepare a proposed JCP. The JCP shall be consistent
with the general plan of the city within which the district is located
and shall include all of the following:

(a) A map and legal description of the proposed district, which
may include all or a portion of the district designated by the
legislative body in its resolution of intention.

(b) A description of the public facilities required to serve the
development proposed in the area of the district including those
to be provided by the private sector, those to be provided by
governmental entities without assistance under this chapter, those
public improvements, facilities, real and tangible commercial
property improvements, and education and job training programs
to be financed with assistance from the proposed district, and those
to be provided jointly. The description shall include the proposed
location, timing, and costs of the public improvements, facilities,
real and tangible commercial property improvements, and
education and job training programs.

(c) A finding that the public facilities and real and tangible
commercial property improvements provide significant job creation
benefits to the area within the district or to the city within which
the district is located.

(d) A financing section, which shall contain all of the following
information:

(1) A specification of the maximum portion of the incremental
tax revenue of the city and of each affected taxing entity proposed
to be committed to the district for each year during which the
district will receive incremental tax revenue. The portion need not
be the same for all affected taxing entities. The portion may change
over time, however the district may acquire or use a maximum of
50 percent of the combined state, county office of education, school
district, and community college district share of tax increment on
an annual basis.

(2) A projection of the amount of tax revenues expected to be
received by the district in each year during which the district will
receive tax revenues, including an estimate of the amount of tax
revenues attributable to each affected taxing entity for each year.

(3) A plan for financing the public improvements, facilities,
real and tangible commercial property improvements, and
education and job training programs to be assisted by the district,
including a detailed description of any intention to incur debt.

(4) A date on which the district will cease to exist, by which
time all tax allocation to the district will end. The date shall not
be more than 45 years from the date on which the ordinance
forming the district is adopted pursuant to Section 53395.23.

(5) An analysis of the costs to the city of providing facilities
and services to the area of the district while the area is being
developed and after the area is developed. The JCP shall also
include an analysis of the tax, fee, charge, and other revenues
expected to be received by the city as a result of expected
development in the area of the district.

(6) An analysis of the projected fiscal impact of the district and
the associated development upon each affected taxing entity.

(7) A list of targeted industries and workforce categories that
have higher unemployment relative to other industries and
workforce categories within the district.

(e) A formula that illustrates the estimated number of jobs to
be created pursuant to the JCP, with the requirement that for every
one million dollars ($1,000,000) invested in tax increment or
companion private funds, the JED shall create 10 full-time
equivalent (FTE) jobs for qualifying employees within two years
of the start of construction, which shall occur within six months
of agreement approval. All construction jobs generated shall be
prevailing wage jobs.

(f) Construction and permanent FTE jobs may receive credit
for indirect and induced jobs created pursuant to an accepted
analysis that applies a nationally accepted economic impact model.

(g) A description of any plan to encourage public-private
partnerships with employers and developers for property
acquisitions, building and tenant improvements, and equipment
purchases, and implementing and achieving the objectives stated
on the JCP.

SEC. 17.  

Section 53395.19 of the Government Code is amended
to read:

53395.19.  

(a) A public financing authority may enter into a
joint powers agreement pursuant to Section 6500 with an affected
taxing entity to carry out the purposes of this chapter with regard
to nontaxing authority or powers only.

(b) This section shall not be construed to prevent the legislative
body from amending its JCP and adopting a resolution proposing
formation of the jobs and education financing district without
allocation of the tax revenues of any affected taxing entity that has
not approved the JCP by resolution of the governing body of the
affected taxing entity.

SEC. 18.  

Section 53395.20 of the Government Code is amended
to read:

53395.20.  

(a) At the conclusion of the hearing, the legislative
body may adopt a resolution adopting the JCP, as modified, and
formation of the jobs and education financing district in a manner
consistent with Section 53395.19, or it may abandon the
proceedings.

(b) An election shall not be required to form the district.

(c) A public or private owner of land that is not within an
existing district, but that has any boundary line contiguous to a
boundary of the district, may petition the legislative body for
inclusion of the land in the district without an election.

SEC. 19.  

Section 53395.23 of the Government Code is
repealed.

SEC. 20.  

Section 53395.24 of the Government Code is
repealed.

SEC. 21.  

Section 33459 of the Health and Safety Code is
amended to read:

33459.  

For purposes of this article, the following terms shall
have the following meanings:

(a)  “Department” means the Department of Toxic Substances
Control.

(b)  “Director” means the Director of Toxic Substances Control.

(c)  “Hazardous substance” means any hazardous substance as
defined in subdivision (h) of Section 25281, and any reference to
hazardous substance in the definitions referenced in this section
shall be deemed to refer to hazardous substance, as defined in this
subdivision.

(d)  “Local agency” means a single local agency that is one of
the following:

(1)  A local agency authorized pursuant to Section 25283 to
implement Chapter 6.7 (commencing with Section 25280) of, and
Chapter 6.75 (commencing with Section 25299.10) of, Division
20.

(2)  A local officer who is authorized pursuant to Section 101087
to supervise a remedial action.

(3) A job and infrastructure district.

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