Bill Text: CA SB628 | 2013-2014 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Enhanced infrastructure financing districts.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Passed) 2014-09-29 - Chaptered by Secretary of State. Chapter 785, Statutes of 2014. [SB628 Detail]
Download: California-2013-SB628-Amended.html
Bill Title: Enhanced infrastructure financing districts.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Passed) 2014-09-29 - Chaptered by Secretary of State. Chapter 785, Statutes of 2014. [SB628 Detail]
Download: California-2013-SB628-Amended.html
BILL NUMBER: SB 628 AMENDED BILL TEXT AMENDED IN SENATE MAY 14, 2013 AMENDED IN SENATE APRIL 10, 2013 AMENDED IN SENATE APRIL 2, 2013 INTRODUCED BY Senator Beall FEBRUARY 22, 2013 An act to add Section 53395.7.5 to the Government Code, relating to local planning. LEGISLATIVE COUNSEL'S DIGEST SB 628, as amended, Beall. Infrastructure financing: transit priority projects.(1) ExistingExisting law establishes the Transit Priority Project Program, and authorizes a city or county to participate in the program by adopting an ordinance indicating its intent to participate in the program and by forming an infrastructure financing district. Existing law requires a city or county that elects to participate in the program to amend, if necessary, its general plan, and any related specific plan, to authorize participating developers to build at an increased height of a minimum of 3 stories within the newly created infrastructure financing district. Existing law exempts from these provisions a city or county that has adopted specified language in its charter, or by ordinance or resolution. Under existing law, a transit priority project that meets specified criteria is designated as a sustainable communities project, and is thus exempt from certain environmental review requirements. This bill would eliminate the requirement of voter approval for the creation of an infrastructure financing district, the issuance of bonds, and the establishment or change of the appropriations limit with respect to a transit priority project. The bill would require a city or county that uses infrastructure financing district bonds to finance its transit priority project to use at least20%25% of the associated property tax increment revenues for the purposes of increasing, improving, and preserving the supply of lower and moderate-income housing available in the district and occupied by persons and families of moderate-, low-, very low, and extremely low income. The bill would require the district to implement these affordable housing provisions in accordance with specified provisions of the Community Redevelopment Law, to the extent not inconsistent with the bill. This bill would require the adoption of an ordinance that would require the replacement of designated low-income dwelling units, upon their removal from the district, within 2 years of their displacement. The bill would require the metropolitan planning organization to certify that the project proposed by the district is consistent with the region's sustainable communities strategy, prior to the implementation of the project. The bill would set forth the findings and declarations of the Legislature, and the intent of the Legislature that the development of transit priority projects be environmentally conscious and sustainable, and that related construction meet or exceed the requirements of the California Green Building Standards Code. 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. (a) The Legislature finds and declares all of the following: (1) The transportation sector contributes over 40 percent of the greenhouse gas emissions in the State of California. (2) Greenhouse gas emissions from automobiles and light trucks can be substantially reduced by new vehicle technology and by the increased use of low-carbon fuel. However, even taking these measures into account, it will be necessary to achieve significant additional greenhouse gas reductions from changed land use patterns and improved transportation. (3) California local governments need sustainable funding sources to accommodate transportation and land use planning and to develop projects that are consistent with the state's climate, air quality, and energy conservation goals. (4) Existing law authorizes cities and counties to create infrastructure financing districts (IFDs) and utilize related tax-increment financing for infrastructure improvements in local jurisdictions. (5) Tax-increment financing of transit priority projects, through the use of IFDs, will provide a new tool for green development to help achieve the sustainable communities strategy and regional transportation plan goals of Senate Bill 375 of the 2007-08 Regular Session of the Legislature (Chapter 728 of the Statutes of 2008), as well as the greenhouse gas reduction goals of Assembly Bill 32 of the 2005-06 Regular Session of the Legislature (Chapter 488 of the Statutes of 2006). (6) Recent studies of transit ridership in California indicate that people who live within a one-half mile radius of transit stations utilize the transit system in far greater numbers than does the general public living elsewhere. (7) Greater use of public transportation, facilitated by the development of transit priority projects, will increase the development of walkable, mixed-use communities; increase the use of public transit, intercity rail, and future high-speed rail services; improve local street, road, and highway congestion; provide viable alternatives to automobile use; and decrease transportation-related emissions. (8) Investment in local transit priority project development can improve local and regional economies by providing appropriate commercial and residential development opportunities, including job creation through the construction of related facilities, and job creation through employment opportunities associated with related entertainment, retail, residential, and other mixed-use development. (9) Expediting the process for local governments to create IFDs to implement transit priority projects will provide significant environmental and economic benefits to local jurisdictions and help meet the state's climate, air quality, and energy conservation goals. (b) It is the intent of the Legislature that the development of transit priority projects throughout the state be environmentally conscious and sustainable, and that related construction meet or exceed the requirements of the California Green Building Standards Code (Part 11 (commencing with Section 101.1) of Title 24 of the California Code of Regulations, or its successor code). SEC. 2. Section 53395.7.5 is added to the Government Code, to read: 53395.7.5. (a) The district may finance any project that implements a transit priority project pursuant to Section 21155 of the Public Resources Code, regional transportation plan, or other project that is consistent with the general use, designation, density, building intensity, and applicable policies specified for the project area in either a sustainable communities strategy, or an alternative planning strategy, for which the State Air Resources Board, pursuant to Chapter 2.5 (commencing with Section 65080) of Division 1 of Title 7, has accepted a metropolitan planning organization's determination that the sustainable communities strategy or the alternative planning strategy, if implemented, would achieve the greenhouse gas emission reduction targets. (b) With respect to an infrastructure financing district proposed to implement a transit priority project pursuant to Section 21155 of the Public Resources Code, an election is not required to form an infrastructure financing district, issue bonds, or establish or change the appropriations limit pursuant to this chapter. (c) (1) At least2025 percent of all revenues derived from the property tax increment under this section shall be used for the purposes of increasing, improving, and preserving the supply of lower and moderate-income housing available in the district at an affordable housing cost, as defined in Section 50052.5 of the Health and Safety Code, and occupied by persons and families of low or moderate income, as defined in Section 50093 of the Health and Safety Code, lower income households, as defined in Section 50079.5 of the Health and Safety Code, very low income households, as defined in Section 50105 of the Health and Safety Code, and extremely low income households, as defined in Section 50106 of the Health and Safety Code. (2) Notwithstanding any other law, the district shall implement this subdivision in accordance with Section 33334.2 and all other applicable affordable housing provisions of the Community Redevelopment Law (Part 1 (commencing with Section 33000) of Division 24 of the Health and Safety Code), to the extent not inconsistent with this chapter. (d) The district may provide for the receipt of tax increment funds pursuant to Section 33670 of the Health and Safety Code, for purposes of a project subject to this section, provided that the local government with land use jurisdiction has adopted an ordinance that requires the replacement of dwelling units that house extremely low, very low, or low-income households, upon their removal from the district, pursuant to subdivision (a) of Section 33413, within two years of their displacement. (e) Prior to the district's implementation of a project pursuant to this section, the metropolitan planning organization shall certify that the project proposed by the district is consistent with the region's sustainable communities strategy.