Article 1. General Provisions of California Government Code >> Division 2. >> Title 5. >> Part 1. >> Chapter 2.99. >> Article 1.
The Legislature finds and declares that with the
dissolution of redevelopment agencies, public benefits will accrue if
local agencies, excluding schools, are provided a means to finance
the reuse and revitalization of former military bases, fund the
creation of transit priority projects and the implementation of
sustainable communities plans, construct and rehabilitate affordable
housing units, and construct facilities to house providers of
consumer goods and services in the communities served by these
efforts.
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
which 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. An "affected taxing entity" may include a
special district if the special district is providing any portion of
the funding included in the infrastructure financing plan adopted
pursuant to Section 53398.63. For the purposes of this section,
"special district" means an agency of the state formed for the
performance of governmental or proprietary functions within limited
geographic boundaries, and shall not include a school district or
community college district.
(b) "County" means a county or a city and county.
(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 or county engineer or
other appropriate official designated pursuant to Section 53398.62.
(e) (1) "District" means an enhanced infrastructure financing
district.
(2) An enhanced infrastructure financing district is a district
within the meaning of Section 1 of Article XIII A of the California
Constitution.
(f) "Enhanced infrastructure financing district" means a legally
constituted governmental entity separate and distinct from the city
or county that established it pursuant to this chapter for the sole
purpose of financing public facilities or other projects as
authorized by this chapter. An enhanced infrastructure financing
district shall be a local agency for purposes of Chapter 9
(commencing with Section 54950).
(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 has no 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 or board of
supervisors.
(i) "Public financing authority" means the governing board of the
district established pursuant to this chapter.
(a) The public financing authority shall have a
membership consisting of one of the following, as appropriate:
(1) If a district has only one participating affected taxing
entity, the public financing authority's membership shall consist of
three members of the legislative body of the participating entity,
and two members of the public chosen by the legislative body. The
appointment of the public members shall be subject to the provisions
of Section 54974.
(2) If a district has two or more participating affected taxing
entities, the public financing authority's membership shall consist
of a majority of members from the legislative bodies of the
participating entities, and a minimum of two members of the public
chosen by the legislative bodies of the participating entities. The
appointment of the public members shall be subject to the provisions
of Section 54974.
(b) The legislative body shall ensure the public financing
authority is established at the same time that it adopts a resolution
of intention pursuant to Section 53398.59.
(c) Members of the public financing authority established
pursuant to this chapter shall not receive compensation but may
receive reimbursement for actual and necessary expenses incurred in
the performance of official duties pursuant to Article 2.3
(commencing with Section 53232) of Chapter 2.
(d) Members of the public financing authority are subject to
Article 2.4 (commencing with Section 53234) of Chapter 2.
(e) The public financing authority created pursuant to this
chapter shall be a local public agency subject to the Ralph M. Brown
Act (Chapter 9 (commencing with Section 54950)), the California
Public Records Act (Chapter 3.5 (commencing with Section 6250) of
Division 7 of Title 1), and the Political Reform Act of 1974 (Title 9
(commencing with Section 81000)).
(a) (1) A district may finance any of the following:
(A) 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 that satisfies
the requirements of subdivision (b).
(B) The planning and design work that is directly related to the
purchase, construction, expansion, or rehabilitation of property.
(C) The costs described in Sections 53398.56 and 53398.57.
(2) The facilities are not required to be physically located
within the boundaries of the district. However, any facilities
financed outside of a district shall have a tangible connection to
the work of the district, as detailed in the infrastructure financing
plan adopted pursuant to Section 53398.69.
(3) A district shall not finance routine maintenance, repair work,
or the costs of an ongoing operation or providing services of any
kind.
(b) The district shall finance only public capital facilities or
other specified projects of communitywide significance that provide
significant benefits to the district or the surrounding community,
including, but not limited to, all 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 for the collection and treatment of water for urban
uses.
(4) Flood control levees and dams, retention basins, and drainage
channels.
(5) Child care facilities.
(6) Libraries.
(7) Parks, recreational facilities, and open space.
(8) Facilities for the transfer and disposal of solid waste,
including transfer stations and vehicles.
(9) Brownfield restoration and other environmental mitigation.
(10) The development of projects on a former military base,
provided that the projects are consistent with the military base
authority reuse plan and are approved by the military base reuse
authority, if applicable.
(11) 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.
(12) The acquisition, construction, or rehabilitation of housing
for persons of very low, low, and moderate income, as defined in
Sections 50105 and 50093 of the Health and Safety Code, for rent or
purchase.
(13) Acquisition, construction, or repair of industrial structures
for private use.
(14) Transit priority projects, as defined in Section 21155 of the
Public Resources Code, that are located within a transit priority
project area. For purposes of this paragraph, a transit priority
project area may include a military base reuse plan that meets the
definition of a transit priority project area and it may include a
contaminated site within a transit priority project area.
(15) Projects that implement a sustainable communities strategy,
when 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 would, if implemented, achieve the greenhouse gas emission
reduction targets.
(16) Port or harbor infrastructure, as defined by Section 1698 of
the Harbors and Navigation Code.
(c) The district shall require, by recorded covenants or
restrictions, that housing units built pursuant to this section shall
remain available at affordable housing costs to, and occupied by,
persons and families of very low, low-, or moderate-income households
for the longest feasible time, but for not less than 55 years for
rental units and 45 years for owner-occupied units.
(d) The district may finance mixed-income housing developments,
but may finance only those units in such a development that are
restricted to occupancy by persons of very low, low, or moderate
incomes as defined in Sections 50105 and 50093 of the Health and
Safety Code, and those onsite facilities for child care, after school
care, and social services that are integrally linked to the tenants
of the restricted units.
(e) A district may utilize any powers under either 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) or
Chapter 6.10 (commencing with Section 25403) of Division 20 of the
Health and Safety Code, and finance any action necessary to implement
that act.
Notwithstanding subdivision (b) of Section 53398.52, a
district may reimburse a developer of a project that is located
entirely within the boundaries of that district for any permit
expenses incurred and to offset additional expenses incurred by the
developer in constructing affordable housing units pursuant to the
Transit Priority Project Program established in Section 65470.
A city or county that created a redevelopment agency, as
defined in Section 33003 of the Health and Safety Code, shall neither
initiate the creation of a district, nor participate in the
governance or financing of a district, until each of the following
has occurred:
(a) The successor agency for the former redevelopment agency
created by the city or county has received a finding of completion,
as specified in Section 34179.7 of the Health and Safety Code.
(b) The city or county certifies to the Department of Finance and
to the public financing authority that no former redevelopment agency
assets that are the subject of litigation involving the state, where
the city or county, the successor agency, or the designated local
authority are a named plaintiff, have been or will be used to benefit
any efforts of an enhanced infrastructure financing district formed
under this chapter, unless the litigation and all possible appeals
have been resolved in a court of law. The city or county shall
provide this certification to the Department of Finance within 10
days of its legislative body's action to participate in an enhanced
infrastructure financing district pursuant to Section 53398.68, or of
its legislative body's action to form an enhanced infrastructure
financing district pursuant to Section 53398.69.
(c) The office of the Controller has completed its review as
specified in Section 34167.5 of the Health and Safety Code.
(d) The successor agency and the entity that created the former
redevelopment agency have complied with all of the office of the
Controller's findings and orders stemming from the reviews as
specified in subdivision (c).
(a) A district may include any portion of a former
redevelopment project area that was previously created pursuant to
Part 1 (commencing with Section 33000) of Division 24 of the Health
and Safety Code, provided that the city or county that created the
former redevelopment agency has met the requirements of Section
53398.54.
(b) A district may finance only the facilities authorized in this
chapter to the extent that the facilities are in addition to those
provided in the territory of the district before the district was
created. The additional facilities may not supplant facilities
already available within that territory when the district was created
but may supplement, rehabilitate, upgrade, or make more sustainable
those facilities.
(c) A district may include areas which are not contiguous.
It is the intent of the Legislature that the creation of
the districts should not ordinarily lead to the removal of existing
dwelling units. If, however, any dwelling units are proposed to be
removed or destroyed in the course of public works construction
within the area of the district or private development within the
area of the district that is subject to a written agreement with the
district or that is financed in whole or in part by the district then
the infrastructure financing plan adopted pursuant to Section
53398.69 shall contain provisions to do all of the following:
(a) If the dwelling units to be removed or destroyed are or were
inhabited by persons or families of very low, low, or moderate
income, as defined in Sections 50105 and 50093 of the Health and
Safety Code, at any time within five years prior to establishment of
the district, cause or require the construction or rehabilitation of
an equal number of replacement dwelling units, within one-half mile
of the location of the units to be removed or destroyed, that have an
equal or greater number of bedrooms as those removed or destroyed
units, within two years of the removal or destruction of the dwelling
units. The replacement dwelling units shall be available for rent or
sale to persons or families of very low, low, or moderate income, at
affordable rent, as defined in Section 50053 of the Health and
Safety Code, or at affordable housing cost, as defined in Section
50052.5 of the Health and Safety Code, to persons in the same or a
lower income category (extremely low, very low, low, or moderate), as
the persons displaced from, or who last occupied, the removed or
destroyed dwelling units.
(b) If the dwelling units to be removed or destroyed were not
inhabited by persons of low or moderate income within the period of
time specified in subdivision (a), cause or require the construction
or rehabilitation within one-half mile of the location of the units
to be removed or destroyed of at least one unit but not less than 25
percent of the total dwelling units removed or destroyed, within two
years of the removal or destruction of the dwelling units. The units
constructed or rehabilitated pursuant to this subdivision shall be of
equivalent size and type to the units to be removed or destroyed. An
equal percentage of the replacement dwelling units constructed or
rehabilitated pursuant to this subdivision shall be available for
rent or sale at affordable rent, as defined in Section 50053 of the
Health and Safety Code, or affordable housing cost, as defined in
Section 50052.5 of the Health and Safety Code, to extremely low and
very low income persons or families, as defined in Sections 50106 and
50105 of the Health and Safety Code.
(c) Comply with all relocation assistance requirements of Chapter
16 (commencing with Section 7260) of Division 7 of Title 1, for
persons displaced from dwelling units by any public works
construction within the area of the district or private development
within the area of the district that is subject to a written
agreement with the district or that is financed in whole or in part
by the district as a result of the infrastructure financing plan
adopted pursuant to Section 53398.69. The displacement of any persons
from a dwelling unit as a result of the plan shall be deemed to be
the result of public action.
(d) 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 has been full compliance with the
relocation assistance requirements of this section, Section 53398.63,
and Chapter 16 (commencing with Section 7260) of Division 7 of Title
1.
(e) (1) The district shall require, by recorded covenants or
restrictions, that all dwelling units constructed or rehabilitated
pursuant to this section shall remain available at affordable rent or
housing cost to, and occupied by, persons and families of the same
income categories as required by subdivision (a) or (b), as
applicable, for the longest feasible time, but for not less than 55
years for rental units and 45 years for owner-occupied units.
(2) The district may permit sales of owner-occupied units prior to
the expiration of the 45-year period for a price in excess of that
otherwise permitted under this subdivision pursuant to an adopted
program which protects the district's investment of moneys in the
unit or units, including, but not limited to, an equity sharing
program, not in conflict with another public funding source or law,
which establishes a schedule of equity sharing that permits retention
by the seller of a portion of those excess proceeds based on the
length of occupancy. For purposes of this paragraph, the terms of the
equity sharing program shall be consistent with the provisions of
paragraph (2) of subdivision (c) of Section 65915, provided, however,
that the program shall require any amounts recaptured by the
district to be used within five years for any of the affordable
housing purposes described in Section 34176.1 of the Health and
Safety Code.
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 resolution
creating the district pursuant to Section 53398.69. 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.
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 53398.81 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.