Bill Text: CA SB301 | 2011-2012 | Regular Session | Amended

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

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Bill Title: Medi-Cal: managed care plan tax: Healthy Families

Spectrum: Moderate Partisan Bill (Democrat 10-3)

Status: (Engrossed - Dead) 2012-08-27 - Re-referred to Com. on HEALTH pursuant to Assembly Rule 77.2. [SB301 Detail]

Download: California-2011-SB301-Amended.html

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BILL NUMBER: SB 301	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 31, 2011
	AMENDED IN SENATE  APRIL 7, 2011

INTRODUCED BY   Senator DeSaulnier

                        FEBRUARY 14, 2011

    An act to amend Section 33420.1 of the Health and Safety
Code, relating to housing and community development.  
An act to amend Section 7073.1 of the Government Code, relating to
economic development. 



	LEGISLATIVE COUNSEL'S DIGEST


   SB 301, as amended, DeSaulnier.  Housing and community
development: redevelopment: seismic retrofits.  
Enterprise zones: applications.  
   The Enterprise Zone Act provides for the designation of enterprise
zones by the Department of Housing and Community Development, based
on the department's approval of applications from a city, county, or
city and county with a geographic area meeting certain criteria. The
act, among other things, sets forth the application process. 

   This bill would provide that for applications submitted on or
after January 1, 2012, if any portion of the proposed zone is within,
or was previously within, the boundaries of a previously designated
zone, or if any portions of the proposed zone are within, or
previously were within, the boundaries of 2 or more previously
designated enterprise zones, the proposed enterprise zone would be
prohibited from exceeding a specified aggregate size.  
   The Community Redevelopment Law authorizes a redevelopment agency,
for any project undertaken by the agency for building rehabilitation
or alteration in construction, to take those actions within a
project area that it determines necessary, and that are consistent
with local, state, and federal law, to provide for seismic retrofits,
and requires those actions to meet the requirements of specified
building codes, with respect to specified types of buildings.
 
   This bill would revise those building code references. 
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

   SECTION 1.    Section 7073.1 of the  
Government Code   is amended to read: 
   7073.1.  (a)  Except as provided in subdivision (e), any
  Any  city, county, or city and county with an
eligible area within its jurisdiction may complete a preliminary
application for designation as an enterprise zone. The applying
entity shall establish definitive boundaries for the proposed
enterprise zone and the targeted employment area. An entity may
propose zones in areas with noncontiguous boundaries, and the
department may designate those areas as zones if the director
determines both of the following:
   (1) The noncontiguous area is needed to implement the applicant's
economic development strategy.
   (2) The excluded area between the proposed zone boundaries would
not, based on the proposed economic strategy, also benefit from the
zone designation.
   (b) (1) In designating enterprise zones, the department shall
select from the applications submitted those proposed enterprise
zones that, upon a comparison of all of the applications submitted,
indicate that they propose the most appropriate economic development
strategy and implementation plan utilizing state and local programs
and incentives to create jobs, attract private sector investment, and
improve the economic conditions within the zone proposed. The
department shall prescribe a format that promotes succinct and
focused strategies and plans, and set minimum standards for the
strategies and plans. For the purposes of this subdivision, important
elements of a strategy or plan may include, but are not limited to,
all of the following:
   (A) An assessment of current financial and community development
strengths, needs, and opportunities.
   (B) A framework for investment of time, action, and money.
   (C) Clear articulation of goals.
   (D) Measurable objectives, including targets.
   (E) Proposed implementation activities and tasks, including
timeframes, and a framework for evaluating performance, including
qualitative and quantitative benchmarks.
   (2) For purposes of this subdivision, local incentives may
include, but are not limited to, all of the following:
   (A) The suspension or relaxation of locally originated or modified
building codes, zoning laws, general development plans, or rent
controls.
   (B) The elimination or reduction of fees for applications,
permits, and local government services.
   (C) The establishment of a streamlined permit process.
   (D) Elimination or reduction of construction taxes or business
license taxes.
   (E) The provision or expansion of infrastructure.
   (F) The targeting of federal block grant moneys, including small
cities, education, and health and welfare block grants.
   (G) The targeting of economic development grants and loan moneys,
including grant and loan moneys provided by the United States
Department of Housing and Urban Development.
   (H) The targeting of state and federal job disadvantaged and
vocational education grant moneys, including moneys provided by the
federal Workforce Investment Act of 1998 (Public Law 105-220), or its
successor.
   (I) The targeting of federal or state transportation grant moneys.

   (J) The targeting of federal or state low-income housing and
rental assistance moneys.
   (K) The use of tax allocation bonds, special assessment bonds,
bonds under the Mello-Roos Community Facilities Act of 1982 (Chapter
2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title
5), industrial development bonds, revenue bonds, private activity
bonds, housing bonds, bonds issued pursuant to the Marks-Roos Local
Bond Pooling Act of 1985 (Article 4 (commencing with Section 6584) of
Chapter 5), certificates of participation, hospital bonds,
redevelopment bonds, school bonds, and all special provisions
provided for under federal tax law for enterprise community or
empowerment zone bonds.
   (3) When designating new enterprise zones, the department shall
take into consideration the location of existing zones and make every
effort to locate new zones in a manner that will not adversely
affect any existing zones.
   (4) When reviewing and ranking new enterprise zone applications,
the department shall give bonus points to applications from
jurisdictions that meet minimum threshold points and at least two of
the following criteria:
   (A) The percentage of households within the census tracts of the
proposed enterprise zone area, the income of which is below the
poverty level, is at least 17.5 percent.
   (B) The average unemployment rate for the census tracts of the
proposed enterprise zone area was not less than five percentage
points above the statewide average for the most recent calendar year
as determined by the Employment Development Department.
   (C) The applicant jurisdiction has, and can document that it has,
a unique distress factor affecting long-term economic development,
including, but not limited to, resource depletion, plant closure,
industry recession, natural disaster, or military base closure.
   (5) Except as modified pursuant to paragraph (4), applications
shall be ranked by the appropriateness of the economic development
strategy and implementation plan, including all of the following:
   (A) The extent the strategy clearly identifies the local
resources, incentives, and programs that will be made available to
the zone for meeting its goals and objectives.
   (B) The extent the strategy provides for attracting private sector
investment.
   (C) The extent the strategy includes related regional and
community-based partnerships for achieving the goals and objectives
in the strategy.
   (D) The extent the strategy fits within the jurisdiction's overall
economic development strategy, including the extent the strategy and
implementation plan is appropriate for the local community.
   (E) The extent the strategy addresses the hiring and retention of
unemployed or underemployed residents or low-income individuals in
the proposed zone and surrounding areas.
   (F) The extent the strategy sets reasonable and measurable
benchmarks, goals, and objectives.
   (G) The extent the strategy sets forth an appropriate funding
schedule for management, oversight, and program delivery within the
zone relative to the benchmarks, goals, and objectives in the
strategy.
   (H) The extent that the economic development strategy has a
comprehensive incentive package for attracting private investment to
the enterprise zone. 
   (c) For applications for enterprise zone designation submitted on
or after January 1, 2012, both of the following shall apply: 

   (1) If any portion of the proposed zone is within, or previously
was within, the boundaries of a previously designated enterprise
zone, then the aggregate size of the proposed enterprise zone shall
not exceed the size of the previously designated enterprise zone by
more than 15 percent.  
   (2) If any portions of the proposed zone are within, or previously
were within, the boundaries of two or more previously designated
enterprise zones, the aggregate size of the proposed enterprise zone
shall not exceed the size of the largest single previously designated
enterprise zone by more than 15 percent.  
   (c) 
    (d)  In evaluating applications for designation, the
department shall ensure that applications are not disqualified solely
because of technical deficiencies, and shall provide applicants with
an opportunity to correct the deficiencies. Applications shall be
disqualified if the deficiencies are not corrected within two weeks.

   (d) 
    (e)  Except upon dedesignation pursuant to subdivision
(c) of Section 7076.1, Section 7076.2, or Section 7085.1, a
designation made by the department shall be binding for a period of
15 years from the date of the original designation. 
   (e) 
    (f)  This section shall  only  apply
 only  to enterprise zone applications for which the
department has issued a solicitation for new enterprise zone
designations on or after January 1, 2007. 
  SECTION 1.    Section 33420.1 of the Health and
Safety Code is amended to read:
   33420.1.  (a) Within a project area, for any project undertaken by
an agency for building rehabilitation or alteration in construction,
an agency may take those actions that the agency determines
necessary and that are consistent with local, state, and federal law,
to provide for seismic retrofits as follows:
   (1) For unreinforced masonry buildings, to meet the requirements
of Appendix Chapter A1 of the current California Existing Building
Code.
   (2) For any buildings that qualify as "historical property" under
Section 37602, to meet the requirements of the State Historical
Building Code (Part 2.7 (commencing with Section 18950) of Division
13) and the current California Historical Building Code.
   (3) For buildings other than unreinforced masonry buildings and
historical properties, for structures subject to the California
Building Standards Code (Title 24 of the California Code of
Regulations), to comply with the provisions of that code, and for all
other structures, to meet the requirements of the current
International Existing Building Code, as applicable.
   (b) If an agency undertakes seismic retrofits and proposes to add
new territory to the project area, to increase either the limitation
on the number of dollars to be allocated to the redevelopment agency
or the time limit on the establishing of loans, advances, and
indebtedness established pursuant to paragraphs (1) and (2) of
Section 33333.2, to lengthen the period during which the
redevelopment plan is effective, to merge project areas, or to add
significant additional capital improvement projects, as determined by
the agency, the agency shall amend its redevelopment plan and follow
the same procedure, and the legislative body is subject to the same
restrictions, as provided for in Article 4 (commencing with Section
33330) for the adoption of a plan.