Bill Text: CA AB569 | 2013-2014 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Real property: divided lands.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2014-09-27 - Chaptered by Secretary of State - Chapter 661, Statutes of 2014. [AB569 Detail]

Download: California-2013-AB569-Introduced.html

---

BILL NUMBER: AB 569	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Chau

                        FEBRUARY 20, 2013

   An act to amend Sections 53890, 53891, and 53892 of, and to repeal
Sections 12463.3 and 53895.5 of, the Government Code, and to repeal
Sections 33080, 33080.1, 33080.2, 33080.3, 33080.4, 33080.5, 33080.6,
and 33080.7 of the Health and Safety Code, relating to
redevelopment.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 569, as introduced, Chau. Redevelopment: reports.
   Existing law requires the Controller to compile and publish
annually reports of the financial transactions of each community
redevelopment agency, as provided.
   This bill would eliminate that requirement.
   Existing law requires the officer of each local agency, who has
charge of the financial records of the agency, to furnish to the
Controller a report of all the financial transactions of the local
agency during the next preceding fiscal year within 90 days of the
close of each fiscal year, as specified. Existing law defines local
agency, for purposes of these financial reports, to mean any city,
county, district, and specified community redevelopment agencies.
   This bill would exclude community redevelopment agencies from the
definition of local agency, thereby eliminating the requirement that
a community redevelopment agency furnish the Controller with the
financial report. This bill would make related, conforming changes.
   Existing law requires each redevelopment agency to submit the
final report of any audit undertaken by any other local, state, or
federal government entity to its legislative body and to additionally
present an annual report to the legislative body containing
specified information. Existing law requires the Department of
Housing and Community Development to compile and publish reports of
the activities of redevelopment agencies, as provided.
   This bill would repeal those provisions, and would repeal related
provisions.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 12463.3 of the Government Code is repealed.

   12463.3.  On or before May 1 of each year, the Controller shall
compile and publish annually reports of the financial transactions of
each community redevelopment agency created pursuant to Division 24
(commencing with Section 33000) of the Health and Safety Code. The
Controller shall make the data available to the Legislature and its
agents upon request, on or before April 1 of each year. The
Controller shall publish this information for each project area of
each redevelopment agency. The reports shall be made in the time,
form, and manner prescribed by the Controller, after consultation
with the Department of Housing and Community Development and the
advisory committee created pursuant to Section 12463.1. 
  SEC. 2.  Section 53890 of the Government Code is amended to read:
   53890.  As used in this article, "local agency" means any city,
county,  and  any  district, and any community
redevelopment agency   district  required to
furnish financial reports pursuant to Section 12463.1 or 12463.3.
  SEC. 3.  Section 53891 of the Government Code is amended to read:
   53891.  The officer of each local agency who has charge of the
financial records shall furnish to the Controller a report of all the
financial transactions of the local agency during the next preceding
fiscal year. The report shall be furnished within 90 days after the
close of each fiscal year and shall be in the form required by the
Controller. If the report is filed in electronic format as prescribed
by the Controller, the report shall be furnished within 110 days
after the close of each fiscal year. However, whenever a local agency
files annual financial materials with the Office of Statewide Health
Planning and Development or any successor thereto pursuant to
Section 128735 of the Health and Safety Code, the audited report
shall be furnished within 120 days after the close of each fiscal
year.  Further, whenever a community redevelopment agency
files an annual report with the Controller pursuant to Section 33080
of the Health and Safety Code, the report shall be furnished within
six months of the end of the agency's fiscal year. 
   The Controller shall prescribe uniform accounting and reporting
procedures that shall be applicable to all local agencies except
cities, counties, and school districts, and except for local agencies
that substantially follow a system of accounting prescribed by the
Public Utilities Commission of the State of California or the Federal
Energy Regulatory Commission. The procedures shall be adopted under
the provisions of Chapter 3.5 (commencing with Section 11340) of Part
1 of Division 3 of Title 2. The Controller shall prescribe the
procedures only after consultation with and approval of a local
governmental advisory committee established pursuant to Section
12463.1. Approval of the procedures shall be by majority vote of the
members present at a meeting of the committee called by the
chairperson thereof.
  SEC. 4.  Section 53892 of the Government Code is amended to read:
   53892.  The report shall state all of the following:
   (a) The aggregate amount of taxes levied and assessed against the
taxable property in the local agency, which became due and payable
during the next preceding fiscal year.
   (b) The aggregate amount of taxes levied and assessed against this
property collected by or for the local agency during the fiscal
year.
   (c) The aggregate income during the preceding fiscal year, a
general statement of the sources of the income, and the amount
received from each source.
   (d) The total expenditures made by administrative departments
during the preceding fiscal year, a general statement of the purposes
of the expenditures, and the amounts expended by each department.
   (e) The assessed valuation of all of the taxable property in the
local agency as set forth on the assessment roll of the local agency
equalized for the fiscal year, or, if the officers of the county in
which the city or district is situated have collected for the city or
district the general taxes levied by the city or district for the
fiscal year, the assessed valuation of all taxable property in the
city or district as set forth on the assessment rolls for the county
equalized for the fiscal year.
   (f) The information required by Section 53892.2, as of the end of
the fiscal year.
   (g) The approximate population at the close of the fiscal year and
the population as shown by the last regular federal census.
   (h) Other information that the Controller requires.
   (i) Any other matters necessary to complete and keep current the
statistical information on assessments, revenues and taxation,
collected and compiled by any Senate or Assembly committee on revenue
and taxation.
   (j) In the case of cities, the information required by Section
53892.3. 
   (k) In the case of community redevelopment agencies, the
information required by subdivisions (a), (b), and (g) of Section
33080.1 of the Health and Safety Code. The Controller shall forward
the information required pursuant to subdivision (c) of Section
33080.1 of the Health and Safety Code to the Department of Housing
and Community Development for publication pursuant to Section 33080.6
of that code. 
  SEC. 5.  Section 53895.5 of the Government Code is repealed.

   53895.5.  (a) An officer of a community redevelopment agency who
fails or refuses to make and file his or her report within 20 days
after receipt of a written notice of the failure from the Controller
shall forfeit to the state:
   (1) One thousand dollars ($1,000) in the case of a community
redevelopment agency with total revenue, in the prior year, of less
than one hundred thousand dollars ($100,000), as reported in the
Controller's annual financial reports.
   (2) Two thousand five hundred dollars ($2,500) in the case of a
community redevelopment agency with total revenue, in the prior year,
of at least one hundred thousand dollars ($100,000), but less than
two hundred fifty thousand dollars ($250,000), as reported in the
Controller's annual financial reports.
   (3) Five thousand dollars ($5,000) in the case of a community
redevelopment agency with total revenue, in the prior year, of at
least two hundred fifty thousand dollars ($250,000), as reported in
the Controller's annual financial reports.
   (b) An officer of a community redevelopment agency who fails or
refuses to make and file his or her report within 20 days after
receipt of a written notice of the failure from the Controller in the
second or more consecutive year shall forfeit to the state:
   (1) Two thousand dollars ($2,000) in the case of a community
redevelopment agency with total revenue, in the prior year, of less
than one hundred thousand dollars ($100,000), as reported in the
Controller's annual financial reports.
   (2) Five thousand dollars ($5,000) in the case of a community
redevelopment agency with total revenue, in the prior year, of at
least one hundred thousand dollars ($100,000), but less than two
hundred fifty thousand dollars ($250,000), as reported in the
Controller's annual financial reports.
   (3) Ten thousand dollars ($10,000) in the case of a community
redevelopment agency with total revenue, in the prior year, of at
least two hundred fifty thousand dollars ($250,000), as reported in
the Controller's annual financial reports.
   (c) In the case of a community redevelopment agency that fails or
refuses to make and file its report within 20 days after receipt of a
written notice of the failure from the Controller in the third or
more consecutive year, the Controller shall conduct or cause to be
conducted an independent financial audit report consistent with the
requirements of Section 33080.1 of the Health and Safety Code. The
community redevelopment agency shall reimburse the Controller for the
cost of complying with this subdivision. The community redevelopment
agency shall not use any of the funds in the Low and Moderate Income
Housing Fund to reimburse the Controller.
   (d) (1) Upon the request of the Controller, the Attorney General
shall prosecute an action for the forfeiture in the name of the
people of the State of California.
   (2) Upon a satisfactory showing of good cause, the Controller may
waive the penalties for late filing provided in this section.
   (e) A community redevelopment agency that makes a forfeiture or
payment pursuant to this section shall still file the report required
pursuant to Section 53891. 
  SEC. 6.  Section 33080 of the Health and Safety Code is repealed.

   33080.  (a)  Every redevelopment agency shall file with the
Controller within six months of the end of the agency's fiscal year a
copy of the report required by Section 33080.1. In addition, each
redevelopment agency shall file with the department a copy of the
audit report required by subdivision (a) of Section 33080.1. The
reports shall be made in the time, format, and manner prescribed by
the Controller after consultation with the department.
   (b)  The redevelopment agency shall provide a copy of the report
required by Section 33080.1, upon the written request of any person
or any taxing agency. If the report does not include detailed
information regarding administrative costs, professional services, or
other expenditures, the person or taxing agency may request, and the
redevelopment agency shall provide, that information. The person or
taxing agency shall reimburse the redevelopment agency for all actual
and reasonable costs incurred in connection with the provision of
the requested information. 
  SEC. 7.  Section 33080.1 of the Health and Safety Code is repealed.

   33080.1.  Every redevelopment agency shall submit the final report
of any audit undertaken by any other local, state, or federal
government entity to its legislative body within 30 days of receipt
of that audit report. In addition, every redevelopment agency shall
present an annual report to its legislative body within six months of
the end of the agency's fiscal year. The annual report shall contain
all of the following:
   (a) (1) An independent financial audit report for the previous
fiscal year. "Audit report" means an examination of, and opinion on,
the financial statements of the agency which present the results of
the operations and financial position of the agency, including all
financial activities with moneys required to be held in a separate
Low and Moderate Income Housing Fund pursuant to Section 33334.3.
This audit shall be conducted by a certified public accountant or
public accountant, licensed by the State of California, in accordance
with Government Auditing Standards adopted by the Comptroller
General of the United States. The audit report shall meet, at a
minimum, the audit guidelines prescribed by the Controller's office
pursuant to Section 33080.3 and also include a report on the agency's
compliance with laws, regulations, and administrative requirements
governing activities of the agency, and a calculation of the excess
surplus in the Low and Moderate Income Housing Fund as defined in
subdivision (g) of Section 33334.12.
   (2) However, the legislative body may elect to omit from inclusion
in the audit report any distinct activity of the agency that is
funded exclusively by the federal government and that is subject to
audit by the federal government.
   (b) A fiscal statement for the previous fiscal year that contains
the information required pursuant to Section 33080.5.
   (c) A description of the agency's activities in the previous
fiscal year affecting housing and displacement that contains the
information required by Sections 33080.4 and 33080.7.
   (d) A description of the agency's progress, including specific
actions and expenditures, in alleviating blight in the previous
fiscal year.
   (e) A list of, and status report on, all loans made by the
redevelopment agency that are fifty thousand dollars ($50,000) or
more, that in the previous fiscal year were in default, or not in
compliance with the terms of the loan approved by the redevelopment
agency.
   (f) A description of the total number and nature of the properties
that the agency owns and those properties the agency has acquired in
the previous fiscal year.
   (g) A list of the fiscal years that the agency expects each of the
following time limits to expire:
   (1) The time limit for the commencement for eminent domain
proceedings to acquire property within the project area.
   (2) The time limit for the establishment of loans, advances, and
indebtedness to finance the redevelopment project.
   (3) The time limit for the effectiveness of the redevelopment
plan.
   (4) The time limit to repay indebtedness with the proceeds of
property taxes.
   (h) Any other information that the agency believes useful to
explain its programs, including, but not limited to, the number of
jobs created and lost in the previous fiscal year as a result of its
activities. 
  SEC. 8.  Section 33080.2 of the Health and Safety Code is repealed.

   33080.2.  (a) When the agency presents the annual report to the
legislative body pursuant to Section 33080.1, the agency shall inform
the legislative body of any major audit violations of this part
based on the independent financial audit report. The agency shall
inform the legislative body that the failure to correct a major audit
violation of this part may result in the filing of an action by the
Attorney General pursuant to Section 33080.8.
   (b) The legislative body shall review any report submitted
pursuant to Section 33080.1 and take any action it deems appropriate
on that report no later than the first meeting of the legislative
body occurring more than 21 days from the receipt of the report.

  SEC. 9.  Section 33080.3 of the Health and Safety Code is repealed.

   33080.3.  The Controller shall develop and periodically revise the
guidelines for the content of the report required by Section
33080.1. The Controller shall appoint an advisory committee to advise
in the development of the guidelines. The advisory committee shall
include representatives from among those persons nominated by the
department, the Legislative Analyst, the California Society of
Certified Public Accountants, the California Redevelopment
Association, and any other authorities in the field that the
Controller deems necessary and appropriate. 
  SEC. 10.  Section 33080.4 of the Health and Safety Code is
repealed. 
   33080.4.  (a)  For the purposes of compliance with subdivision (c)
of Section 33080.1, the description of the agency's activities shall
contain the following information regardless of whether each
activity is funded exclusively by the state or federal government,
for each project area and for the agency overall:
   (1)  Pursuant to Section 33413, the total number of nonelderly and
elderly households, including separate subtotals of the numbers of
very low income households, other lower income households, and
persons and families of moderate income, that were displaced or moved
from their dwelling units as part of a redevelopment project of the
agency during the previous fiscal year.
   (2)  Pursuant to Section 33413.5, the total number of nonelderly
and elderly households, including separate subtotals of the numbers
of very low income households, other lower income households, and
persons and families of moderate income, that the agency estimates
will be displaced or will move from their dwellings as part of a
redevelopment project of the agency during the present fiscal year
and the date of adoption of a replacement housing plan for each
project area subject to Section 33413.5.
   (3)  The total number of dwelling units housing very low income
households, other lower income households, and persons and families
of moderate income, respectively, which have been destroyed or
removed from the low- or moderate-income housing market during the
previous fiscal year as part of a redevelopment project of the
agency, specifying the number of those units which are not subject to
Section 33413.
   (4)  The total numbers of agency-assisted dwelling units which
were constructed, rehabilitated, acquired, or subsidized during the
previous fiscal year for occupancy at an affordable housing cost by
elderly persons and families, but only if the units are restricted by
agreement or ordinance for occupancy by the elderly, and by very low
income households, other lower income households, and persons and
families of moderate income, respectively, specifying those units
which are not currently so occupied, those units which have replaced
units destroyed or removed pursuant to subdivision (a) of Section
33413, and the length of time any agency-assisted units are required
to remain available at affordable costs.
   (5)  The total numbers of new or rehabilitated units subject to
paragraph (2) of subdivision (b) of Section 33413, including separate
subtotals of the number originally affordable to and currently
occupied by, elderly persons and families, but only if the units are
restricted by agreement or ordinance for occupancy by the elderly,
and by very low income households, other lower income households, and
persons and families of moderate income, respectively, and the
length of time these units are required to remain available at
affordable costs.
   (6)  The status and use of the Low and Moderate Income Housing
Fund created pursuant to Section 33334.3, including information on
the use of this fund for very low income households, other lower
income households, and persons and families of moderate income,
respectively. If the Low and Moderate Income Housing Fund is used to
subsidize the cost of onsite or offsite improvements, then the
description of the agency's activities shall include the number of
housing units affordable to persons and families of low or moderate
income which have been directly benefited by the onsite or offsite
improvements.
   (7)  A compilation of the annual reports obtained by the agency
under Section 33418 including identification of the number of units
occupied by persons and families of moderate income, other lower
income households, and very low income households, respectively, and
identification of projects in violation of this part or any
agreements in relation to affordable units.
   (8)  The total amount of funds expended for planning and general
administrative costs as defined in subdivisions (d) and (e) of
Section 33334.3.
   (9)  Any other information which the agency believes useful to
explain its housing programs, including, but not limited to, housing
for persons and families of other than low and moderate income.
   (10)  The total number of dwelling units for very low income
households, other lower income households, and persons and families
of moderate income to be constructed under the terms of an executed
agreement or contract and the name and execution date of the
agreement or contract. These units may only be reported for a period
of two years from the execution date of the agreement or contract.
   (11)  The date and amount of all deposits and withdrawals of
moneys deposited to and withdrawn from the Low and Moderate Income
Housing Fund.
   (b)  As used in this section:
   (1)  "Elderly," has the same meaning as specified in Section
50067.
   (2)  "Persons and families of moderate income," has the same
meaning as specified in subdivision (b) of Section 50093.
   (3)  "Other lower income households," has the same meaning as
"lower income households" as specified in Section 50079.5, exclusive
of very low income households.
   (4)  "Persons and families of low or moderate income," has the
same meaning as specified in Section 50093.
   (5)  "Very low income households," has the same meaning as
specified in Section 50105.
   (c)  Costs associated with preparing the report required by this
section may be paid with moneys from the Low and Moderate Income
Housing Fund. 
  SEC. 11.  Section 33080.5 of the Health and Safety Code is
repealed. 
   33080.5.  For the purposes of compliance with subdivision (b) of
Section 33080.1, the fiscal statement shall contain the following
information:
   (a)  The amount of outstanding indebtedness of the agency and each
project area.
   (b)  The amount of tax increment property tax revenues generated
in the agency and in each project area.
   (c)  The amount of tax increment revenues paid to, or spent on
behalf of, a taxing agency, other than a school or community college
district, pursuant to subdivision (b) of Section 33401 or Section
33676. Moneys expended on behalf of a taxing agency shall be itemized
per each individual capital improvement.
   (d)  The financial transactions report required pursuant to
Section 53891 of the Government Code.
   (e)  The amount allocated to school or community college districts
pursuant to each of the following provisions: (1) Section 33401; (2)
Section 33445; (3) Section 33445.5; (4) paragraph (2) of subdivision
(a) of Section 33676; and (5) Section 33681.
   (f)  The amount of existing indebtedness, as defined in Section
33682, and the total amount of payments required to be paid on
existing indebtedness for that fiscal year.
   (g)  Any other fiscal information which the agency believes useful
to describe its programs. 
  SEC. 12.  Section 33080.6 of the Health and Safety Code is
repealed. 
   33080.6.  On or before May 1 of each year, the department shall
compile and publish reports of the activities of redevelopment
agencies for the previous fiscal year, based on the information
reported pursuant to subdivision (c) of Section 33080.1 and reporting
the types of findings made by agencies pursuant to paragraph (1),
(2), or (3) of subdivision (a) of Section 33334.2, including the date
of the findings. The department's compilation shall also report on
the project area mergers reported pursuant to Section 33488. The
department shall publish this information for each project area of
each redevelopment agency. These reports may also contain the
biennial review of relocation assistance required by Section 50460.
The first report published pursuant to this section shall be for the
1984-85 fiscal year. For fiscal year 1987-88 and succeeding fiscal
years, the report shall contain a list of those project areas which
are not subject to the requirements of Section 33413.
   The department shall send a copy of the executive summary of its
report to each redevelopment agency for which information was
reported pursuant to Section 33080.1 for the fiscal year covered by
the report. The department shall send a copy of its report to each
redevelopment agency that requests a copy. 
  SEC. 13.  Section 33080.7 of the Health and Safety Code is
repealed. 
   33080.7.  For purposes of compliance with subdivision (c) of
Section 33080.1 and in addition to the requirements of Section
33080.4, the description of the agency's activities shall identify
the amount of excess surplus, as defined in Section 33334.10, which
has accumulated in the agency's Low and Moderate Income Housing Fund.
Of the total excess surplus, the description shall also identify the
amount that has accrued to the Low and Moderate Income Housing Fund
during each fiscal year. This component of the annual report shall
also include any plan required to be reported by subdivision (c) of
Section 33334.10.