Bill Text: CA AB1827 | 2011-2012 | Regular Session | Amended

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Bill Title: Infrastructure financing districts.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2012-06-20 - In committee: Hearing postponed by committee. [AB1827 Detail]

Download: California-2011-AB1827-Amended.html

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BILL NUMBER: AB 1827	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 16, 2012
	AMENDED IN ASSEMBLY  MARCH 29, 2012

INTRODUCED BY   Assembly Member Bonilla

                        FEBRUARY 22, 2012

   An act to amend  Section 53395.4   Sections
53395.1 and 53395.3  of the Government Code, relating to
infrastructure financing districts.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1827, as amended, Bonilla.  Notaries.  
Infrastructure financing districts. 
   Existing law authorizes a city, county, or city and county to
establish infrastructure financing districts  , as defined, 
for the sole purpose of financing public facilities utilizing
incremental property tax revenues  , subject to adoption of a
resolution by the legislative body and affected taxing entities
proposed to be subject to division of taxes and   2/3 
 voter approval. Existing law authorizes the legislative body to,
by majority vote, initiate proceedings to issue bonds for the
financing of district projects by adopting a resolution, subject to
specified procedures and     2/3   voter
approval  . A district may not include a redevelopment project
area and a redevelopment project area may not include any portion of
a district.
   This bill would authorize a  district, notwithstanding the
exclusion of a redevelopment project area, to include any portion of
a redevelopment project area if that project area is located on a
former military base   military base reuse authority to
form an infrastru   cture financing district for purposes of
financing public facilities and issuing bonds. The bill would
further authorize infrastructure financing districts to  
finance homeless accommodations, as specified  .
   Vote: majority. Appropriation: no. Fiscal committee:  yes
  no  . State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    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
which 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.
   (b) "City" means a city, a county, or a city and county  , or
a military base reuse authority formed pursuant to Section 67660
  or 67820  .
   (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.
   (d) "Designated official" means the city engineer or other
appropriate official designated pursuant to Section 53395.13.
   (e) (1) "District" means an infrastructure financing district.
   (2) An infrastructure financing district is a "district" within
the meaning of Section 1 of Article XIII A of the California
Constitution.
   (f) "Infrastructure financing district" means a legally
constituted governmental entity established pursuant to this chapter
for the sole purpose of financing public facilities.
   (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 a military base reuse authority
formed pursuant to Section 67660 or 67820  .
   SEC. 2.    Section 53395.3 of the  
 Government Code   is amended to read: 
   53395.3.  (a) A district may finance (1) the purchase,
construction, expansion, improvement, seismic retrofit, or
rehabilitation of any real or other tangible property with an
estimated useful life of 15 years or longer which satisfies the
requirements of subdivision (b), (2) may finance planning and design
work which is directly related to the purchase, construction,
expansion, or rehabilitation of that property and (3) the costs
described in Sections 53395.5, and 53396.5. A district may only
finance the purchase of facilities for which construction has been
completed, as determined by the legislative body. The facilities need
not be physically located within the boundaries of the district. A
district may not finance routine maintenance, repair work, or the
costs of ongoing operation or providing services of any kind.
   (b) The district shall finance only public capital facilities of
communitywide significance, which provide significant benefits to an
area larger than the area of the district, including, but not limited
to, all of the following:
   (1) Highways, interchanges, ramps and bridges, arterial streets,
parking facilities, and transit facilities.
   (2) Sewage treatment and water reclamation plants and interceptor
pipes.
   (3) Facilities for the collection and treatment of water for urban
uses.
   (4) Flood control levees and dams, retention basins, and drainage
channels.
   (5) Child care facilities.
   (6) Libraries.
   (7) Parks, recreational facilities, and open space.
   (8) Facilities for the transfer and disposal of solid waste,
including transfer stations and vehicles. 
   (9) Homeless accommodations pursuant to Section 2905(b) of the
federal Defense Base Closure and Realignment Act of 1990 (10 U.S.C.
Sec. 2687 et seq.), as amended. 
   (c) Any district which constructs dwelling units shall set aside
not less than 20 percent of those units to increase and improve the
community's supply of low- and moderate-income housing available at
an affordable housing cost, as defined by Section 50052.5 of the
Health and Safety Code, to persons and families of low- and
moderate-income, as defined in Section 50093 of the Health and Safety
Code. 
  SECTION 1.    Section 53395.4 of the Government
Code is amended to read:
   53395.4.  (a) (1) A district may not include any portion of a
redevelopment project area which is or has been previously created
pursuant to Part 1 (commencing with Section 33000) of Division 24 of
the Health and Safety Code, whether the creation is or was proper or
improper. A redevelopment project area may not include any portion of
a district created pursuant to this chapter.
   (2) Notwithstanding paragraph (1), a district may include any
portion of a redevelopment project area if that project area is
located on a former military base.
   (b) A district may finance only the facilities or services
authorized in this chapter to the extent that the facilities or
services are in addition to those provided in the territory of the
district before the district was created. The additional facilities
or services may not supplant facilities or services already available
within that territory when the district was created but may
supplement those facilities and services as needed to serve new
developments.
   (c) A district may include areas which are not contiguous.