33676
. (a) Prior to the adoption by the legislative body of a
redevelopment plan providing for tax increment financing pursuant to
Section 33670, any affected taxing agency may elect to be allocated,
and every school district and community college district shall be
allocated, in addition to the portion of taxes allocated to the
affected taxing agency pursuant to subdivision (a) of Section 33670,
all or any portion of the tax revenues allocated to the agency
pursuant to subdivision (b) of Section 33670 attributable to one or
more of the following:
(1) Increases in the rate of tax imposed for the benefit of the
taxing agency which levy occurs after the tax year in which the
ordinance adopting the redevelopment plan becomes effective.
(2) If an agency pursuant to Section 33354.5 amends a
redevelopment plan which does not utilize tax increment financing to
add tax increment financing, and pursuant to subdivision (a) of
Section 33670 uses the assessment roll last equalized prior to the
effective date of the ordinance originally adopting the redevelopment
plan, an affected taxing agency may elect to be allocated all or any
portion of the tax revenues allocated to the agency pursuant to
subdivision (b) of Section 33670 which the affected taxing agency
would receive if the agency were to use the assessment roll last
equalized prior to the effective date of the ordinance amending the
redevelopment plan to add tax increment financing.
(b) (1) Any local education agency that is a basic aid district or
office at the time the ordinance adopting a redevelopment plan is
adopted and that receives no state funding, other than that provided
pursuant to Section 6 of Article IX of the California Constitution,
pursuant to Section 2558, 42238, or 84751, as appropriate, of the
Education Code, shall receive annually its percentage share of the
property taxes from the project area allocated among all of the
affected taxing entities during the fiscal year the funds are
allocated, increased by an amount equal to the lesser of the
following:
(A) The percentage growth in assessed value that occurs throughout
the district, excluding the portion of the district within the
redevelopment project area.
(B) Eighty percent of the growth in assessed value that occurs
within the portion of the district within the redevelopment project
area.
(2) Subparagraphs (A) and (B) of paragraph (1) shall not apply to
a redevelopment plan adopted by the legislative body of a community
if both of the following occur:
(A) The median household income in the community in which the
redevelopment project area is located is less than 80 percent of the
median household income in the county in which the redevelopment
project area is located.
(B) The preliminary plan for the redevelopment plan was adopted on
or before September 1, 1993, and the redevelopment plan was adopted
on or before August 1, 1994.
(3) Any local education agency that is a basic aid district or
office at the time the ordinance amending a redevelopment plan is
adopted pursuant to Section 33607.7 and that receives no state
funding, other than that provided pursuant to Section 6 of Article IX
of the California Constitution, pursuant to Section 2558, 42238, or
84751, as appropriate, of the Education Code, shall receive either of
the following:
(A) If an agreement exists that requires payments to the basic aid
district, the amount required to be paid by an agreement between the
agency and the basic aid district entered into prior to January 1,
1994.
(B) If an agreement does not exist, the percentage share of the
increase in property taxes from the project area allocated among all
of the affected taxing entities during the fiscal year the funds in
the project area are allocated, derived from 80 percent of the growth
in assessed value that occurs within the portion of the district
within the redevelopment project area from the year in which the
amendment takes effect pursuant to subdivision (c) of Section
33607.7.
(4) The redevelopment agency shall subtract from any payments made
pursuant to this section the amount that a basic aid district
receives pursuant to Sections 33607.5 and 33607.7 for the purposes of
either paragraph (1) of subdivision (h) of Section 42238 of the
Education Code or either Section 2558 or 84751 of the Education Code.
(c) The governing body of any affected taxing agency, other than a
school district and a community college district, electing to
receive allocation of taxes pursuant to this section in addition to
taxes allocated to it pursuant to subdivision (a) of Section 33670
shall adopt a resolution to that effect and transmit the same, prior
to the adoption of the redevelopment plan, to (1) the legislative
body, (2) the agency, and (3) the official or officials performing
the functions of levying and collecting taxes for the affected taxing
agency. Upon receipt by the official or officials of the resolution,
allocation of taxes pursuant to this section to the affected taxing
agency which has elected to receive the allocation pursuant to this
section by the adoption of the resolution and allocation of taxes
pursuant to this section to every school district and community
college district shall be made at the time or times allocations are
made pursuant to subdivision (a) of Section 33670.
(d) An affected taxing agency, at any time after the adoption of
the resolution, may elect not to receive all or any portion of the
additional allocation of taxes pursuant to this section by rescinding
the resolution or by amending the same, as the case may be, and
giving notice thereof to the legislative body, the agency, and the
official or officials performing the functions of levying and
collecting taxes for the affected taxing agency. After receipt of a
notice by the official or officials that an affected taxing agency
has elected not to receive all or a portion of the additional
allocation of taxes by rescission or amendment of the resolution, any
allocation of taxes to the affected taxing agency required to be
made pursuant to this section shall not thereafter be made but shall
be allocated to the agency and the affected taxing agency shall
thereafter be allocated only the portion of taxes provided for in
subdivision (a) of Section 33670. After receipt of a notice by the
official or officials that an affected taxing agency has elected to
receive additional tax revenues attributable to only a portion of the
increases in the rate of tax, only that portion of the tax revenues
shall thereafter be allocated to the affected taxing agency in
addition to the portion of taxes allocated pursuant to subdivision
(a) of Section 33670, and the remaining portion thereof shall be
allocated to the agency.
(e) As used in this section, "affected taxing agency" means and
includes every public agency for the benefit of which a tax is levied
upon property in the project area, whether levied by the public
agency or on its behalf by another public agency.
(f) This section shall apply only to redevelopment projects for
which a final redevelopment plan is adopted pursuant to Article 5
(commencing with Section 33360) of Chapter 4 on or after January 1,
1977.