Article 1. General Provisions of California Government Code >> Division 2. >> Title 5. >> Part 1. >> Chapter 2.6. >> Article 1.
It is the intent of the Legislature in enacting this chapter
to establish a long-term permanent program that provides local
governments with tools and resources for specified purposes,
including, but not limited to, public infrastructure, affordable
housing, economic development and job creation, and environmental
protection and remediation, in a manner that encourages local
cooperation and includes appropriate protections for state and local
taxpayers.
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
that 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, county, city and county, or joint powers
authority, where that entity is acting as the military base reuse
authority established pursuant to Title 7.86 (commencing with Section
67800).
(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 53369.13.
(e) (1) "District" means an infrastructure and revitalization
financing district.
(2) An infrastructure and revitalization financing district is a
"district" within the meaning of Section 1 of Article XIII A of the
California Constitution.
(f) "Infrastructure and revitalization financing district" means a
legally constituted governmental entity established pursuant to this
chapter for the sole purpose of financing facilities authorized by
this chapter.
(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 does not have any 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, board of
supervisors, or joint powers authority that is acting as the military
base reuse authority established pursuant to Title 7.86 (commencing
with Section 67800).
(i) "Project area" means a defined area within a district in which
the activities of the district share a common purpose or goal and an
overall financing plan.
(j) "Public works" means public facilities or any other facilities
described in Section 53369.3 that are to be financed in whole or in
part by the district.
(k) "Net available revenue" means periodic distributions to the
city from the Redevelopment Property Tax Trust Fund, created pursuant
to Section 34170.5 of the Health and Safety Code, that are available
to the city after all preexisting legal commitments and statutory
obligations funded from that revenue are made pursuant to Part 1.85
(commencing with Section 34170) of Division 24 of the Health and
Safety Code. Net available revenue shall not include any funds
deposited by the county auditor-controller into the Redevelopment
Property Tax Trust Fund or funds remaining in the Redevelopment
Property Tax Trust Fund, prior to distribution. Net available
revenues shall not include any moneys payable to a school district
that maintains kindergarten or grades 1 to 12, inclusive, or a
community college district, or the Educational Revenue Augmentation
Fund, pursuant to paragraph (4) of subdivision (a) of Section 34183
of the Health and Safety Code.
(a) The revenues available pursuant to Article 3
(commencing with Section 53369.30) may be used directly for work
allowed pursuant to Section 53369.3, may be accumulated for a period
not to exceed five years to provide a fund for that work, may be
pledged to pay the principal of, and interest on, bonds issued
pursuant to Article 4 (commencing with Section 53369.40), or may be
pledged to pay the principal of, and interest on, bonds issued
pursuant to the Improvement Bond Act of 1915 (Division 10 (commencing
with Section 8500) of the Streets and Highways Code) or the
Mello-Roos Community Facilities Act of 1982 (Chapter 2.5 (commencing
with Section 53311)), the proceeds of which have been or will be used
entirely for allowable purposes of the district. The revenue of the
district may also be advanced for allowable purposes of the district
to an Integrated Financing District established pursuant to Chapter
1.5 (commencing with Section 53175), in which case the district may
be party to a reimbursement agreement established pursuant to that
chapter. The revenues of the district may also be committed to paying
for any completed facility acquired pursuant to Section 53369.3 over
a period of time, including the payment of a rate of interest not to
exceed the bond buyer index rate on the day that the agreement to
repay is entered into by the city.
(b) The legislative body may enter into an agreement with any
affected taxing entity providing for the construction of, or
assistance in, financing facilities.
(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) planning and design work that is directly related to the
purchase, construction, expansion, improvement, rehabilitation, or
seismic retrofit of that property, and (3) the costs described in
Sections 53369.6 and 53369.31. 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 facilities or projects of
communitywide significance, including, but not limited to, any 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 and watershed lands used for the collection and
treatment of water for urban uses.
(4) Flood management, including levees, bypasses, dams, retention
basins, and drainage channels.
(5) Child care facilities.
(6) Libraries.
(7) Parks, recreational facilities, open space, and habitat
restoration.
(8) Facilities for the transfer and disposal of solid waste,
including transfer stations and vehicles.
(9) Brownfields restoration and other environmental mitigation.
(10) Purchase of land and property for development purposes and
related site improvements.
(11) Acquisition, construction, or repair of housing for rental or
purchase, including multipurpose facilities.
(12) Acquisition, construction, or repair of commercial or
industrial structures for private use.
(13) The repayment of the transfer of funds to a military base
reuse authority pursuant to Section 67851 that occurred on or after
the creation of the district.
(c) Any district that 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, or at an affordable rent, as defined by
Section 50053 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.
(d) A district may utilize any powers under the Polanco
Redevelopment Act (Article 12.5 (commencing with Section 33459) of
Chapter 4 of Part 1 of Division 24 of the Health and Safety Code),
and finance any action necessary to implement that act.
(e) A district may finance any project that implements a
sustainable communities strategy prepared pursuant to Section 65080.
(a) A city may form a district to finance a project or
projects on a former military base pursuant to the requirements set
forth in this chapter.
(b) A district formed under this section may finance a project
pursuant to this section or Section 53369.3 only if the project is
consistent with the authority reuse plan and is approved by the
military base reuse authority, if applicable.
(a) A district may finance only the facilities or services
authorized in this chapter. The additional facilities or services
may not supplant facilities or services already available within that
territory when the district was created, except if those facilities
or services are essentially nonfunctional, obsolete, hazardous, or in
need of upgrading or rehabilitation. The additional facilities or
services may supplement those facilities and services as needed to
serve new developments.
(b) A district may include areas that are not contiguous. A
district may be divided into project areas, each of which may be
subject to distinct limitations established under this chapter. The
legislative body may, at any time, add territory to a district or
amend the infrastructure financing plan for the district by
conducting the same procedures for the formation of a district or
approval of bonds, if applicable, as provided pursuant to this
chapter.
(c) Any district may finance any project or portion of a project
that is located in, or overlaps with, any redevelopment project area
or former redevelopment project area or former military base,
inclusively referred to as "overlapping." In the case of overlapping,
the successor agency to the former redevelopment agency shall
receive a finding of completion, as described in Section 34179.7 of
the Health and Safety Code, prior to the district financing any
project or portion of a project in the overlapping area.
(d) Notwithstanding subdivision (c), any debt or obligation of a
district shall be subordinate to an enforceable obligation of a
former redevelopment agency, as defined in Section 34171 of the
Health and Safety Code. For purposes of this chapter, the division of
taxes allocated to the district pursuant to subdivision (b) of
Section 53369.30 shall not include any taxes required to be deposited
by the county auditor-controller into the Redevelopment Property Tax
Trust Fund created pursuant to subdivision (b) of Section 34170.5 of
the Health and Safety Code.
(e) The legislative body of the city forming the district may
choose to dedicate any portion of its net available revenue to the
district through the financing plan described in Section 53369.14.
It is the intent of the Legislature that the establishment
of a district should not ordinarily lead to the removal of existing
functional, habitable, and safe dwelling units. If, however, any
dwelling units are proposed to be removed or destroyed in the course
of private development or facilities construction within the area of
the district, the legislative body shall do all of the following:
(a) Within four years of the removal or destruction, cause or
require the construction or rehabilitation, for rental or sale to
persons or families of low or moderate income, of an equal number of
replacement dwelling units at affordable housing cost, as defined in
Section 50052.5 of the Health and Safety Code, or affordable rent, as
defined in Section 50053 of the Health and Safety Code, within the
territory of the district if the dwelling units removed were
inhabited by persons or families of low or moderate income, as
defined in Section 50093 of the Health and Safety Code.
(b) Within four years of the removal or destruction, cause or
require the construction or rehabilitation, for rental or sale to
persons of low or moderate income, a number of dwelling units which
is at least one unit but not less than 20 percent of the total
dwelling units removed at affordable housing cost, as defined in
Section 50052.5 of the Health and Safety Code, or affordable rent, as
defined in Section 50053 of the Health and Safety Code, within the
territory of the district if the dwelling units removed or destroyed
were not inhabited by persons of low or moderate income, as defined
in Section 50093 of the Health and Safety Code.
(c) In the case of dwelling units located on a former military
base that are destroyed or removed in connection with a base reuse
plan, replacement dwelling units required by subdivision (a) or (b)
may be located anywhere within the territory of the former military
base consistent with the base reuse plan, local general plan, and
infrastructure financing plan, as applicable.
(d) Provide relocation assistance and make all the payments
required by Chapter 16 (commencing with Section 7260) of Division 7
of Title 1, to persons displaced by any public or private development
occurring within the territory of the district. This displacement
shall be deemed to be the result of public action.
(e) Ensure that removal or destruction of any dwelling units
occupied by persons or families of low or moderate income not take
place unless and until there are suitable housing units, at
comparable cost to the units from which the persons or families were
displaced, available and ready for occupancy by the residents of the
units at the time of their displacement. The housing units shall be
suitable to the needs of these displaced persons or families and
shall be decent, safe, sanitary, and otherwise standard dwellings.
Any action or proceeding to attack, review, set aside,
void, or annul the creation of a district, adoption of an
infrastructure financing plan, including a division of taxes
thereunder, or an election pursuant to this chapter shall be
commenced within 30 days after the enactment of the ordinance
creating the district pursuant to Section 53369.23. Consistent with
the time limitations of this section, such an action or proceeding
with respect to a division of taxes under this chapter may be brought
pursuant to Chapter 9 (commencing with Section 860) of Title 10 of
Part 2 of the Code of Civil Procedure, except that Section 869 of the
Code of Civil Procedure shall not apply.
An action to determine the validity of the issuance of
bonds pursuant to this chapter may be brought pursuant to Chapter 9
(commencing with Section 860) of Title 10 of Part 2 of the Code of
Civil Procedure. However, notwithstanding the time limits specified
in Section 860 of the Code of Civil Procedure, the action shall be
commenced within 30 days after adoption of the resolution pursuant to
Section 53369.44 providing for issuance of the bonds if the action
is brought by an interested person pursuant to Section 863 of the
Code of Civil Procedure. Any appeal from a judgment in that action or
proceeding shall be commenced within 30 days after entry of
judgment.