BILL NUMBER: AB 2292 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 22, 2014
AMENDED IN ASSEMBLY MAY 13, 2014
AMENDED IN ASSEMBLY APRIL 23, 2014
AMENDED IN ASSEMBLY MARCH 28, 2014
INTRODUCED BY Assembly Member Bonta
(Coauthor: Assembly Member Skinner)
FEBRUARY 21, 2014
An act to add Section 53395.3.2 to the Government Code, relating
to local government.
LEGISLATIVE COUNSEL'S DIGEST
AB 2292, as amended, Bonta. Infrastructure financing districts:
City of Oakland: freight rail.
Existing law authorizes an infrastructure financing district to
finance only public capital facilities of communitywide significance
which provide significant benefits to an area larger than the area of
the district, including, among others, highways, interchanges, ramps
and bridges, arterial streets, parking facilities, transit
facilities, facilities for the collection and treatment of water for
urban uses, child care facilities, libraries, and facilities for the
transfer and disposal of solid waste.
This bill would additionally authorize an infrastructure financing
district within the Oakland Army Base, the Howard Terminal, or the
Coliseum City in the City of Oakland to finance public capital
facilities or projects that include freight rail. This bill would
require the governing board of the City of Oakland to establish a
commission, as specified, to advise the city on the safety concerns
regarding development on the Howard Terminal.
This bill would make legislative findings and declarations as to
the necessity of a special statute for the City of Oakland.
By imposing new duties upon the governing board of the City of
Oakland, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 53395.3.2 is added to the Government Code, to
read:
53395.3.2. (a) In addition to the projects authorized by Section
53395.3, any infrastructure financing district within the Oakland
Army Base, the Howard Terminal, or the Coliseum City in the City of
Oakland may finance public capital facilities or projects that
include freight rail.
(b) The governing board of the City of Oakland shall establish a
commission to advise the city on the safety concerns regarding any
development authorized by subdivision (a) on the Howard Terminal. The
commission shall consist of one member from each of the stakeholders
involved in the development of the Howard Terminal, including, but
not limited to, all of the following:
(1) A representative for the City of Oakland appointed by the
governing board of the City of Oakland.
(2) A representative for the Port of Oakland appointed by the
Board of Port Commissioners.
(3) Every owner or lessor of property located within the Howard
Terminal or a representative appointed by the owner or lessor.
SEC. 2. The Legislature finds and declares that a special law is
necessary and that a general law cannot be made applicable within the
meaning of Section 16 of Article IV of the California Constitution
because of the unique circumstances applicable to the City of Oakland
and the need for revitalization on the Oakland Army Base, the Howard
Terminal, and in the Coliseum City.
SEC. 3. If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.
SEC. 3. No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district are the result of a program for which
legislative authority was requested by that local agency or school
district, within the meaning of Section 17556 of the Government Code
and Section 6 of Article XIII B of the California Constitution.