Bill Text: CA SB628 | 2013-2014 | Regular Session | Amended

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

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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

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BILL NUMBER: SB 628	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  AUGUST 5, 2013
	AMENDED IN ASSEMBLY  JUNE 17, 2013
	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.
   Existing 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 least 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 provisions governing infrastructure financing districts. The
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 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.
   (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 least 25 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   Code. Units
funded pursuant to this subdivision shall be restricted to occupancy
 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 this chapter, for purposes of a project subject to
this section, provided that the local government with land use
jurisdiction has adopted an ordinance that  requires
  does both of the following:  
   (1) Prohibits the number of housing units occupied by extremely
low, very low, and low-income households, including the number of
bedrooms in those units, within the territory of the district at the
time the district is established from being reduced during the
effective period of the infrastructure plan. 
    (2)     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.