Bill Text: CA AB502 | 2011-2012 | Regular Session | Amended
Bill Title: Alternative Voluntary Redevelopment Program: military
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-02-01 - Died pursuant to Art. IV, Sec. 10(c) of the Constitution. From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB502 Detail]
Download: California-2011-AB502-Amended.html
BILL NUMBER: AB 502 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JANUARY 4, 2012
AMENDED IN ASSEMBLY APRIL 4, 2011
INTRODUCED BY Assembly Member Bonilla
FEBRUARY 15, 2011
An act to add Title 7.84 (commencing with Section 67645)
to the Government Code, relating to the Concord Naval Weapons Reuse
Authority. An act to amend Sections 34194 and 34195 of
the Health and Safety Code, relating to redevelopment.
LEGISLATIVE COUNSEL'S DIGEST
AB 502, as amended, Bonilla. Land use: general plan:
housing element. Alternative Voluntary Redevelopment
Program: military bases.
Existing law suspends various activities of redevelopment agencies
and prohibits the agencies from incurring indebtedness for a
specified period. Existing law dissolves redevelopment agencies and
community development agencies, as of October 1, 2011, and designates
successor agencies, as defined. Existing law exempts from
dissolution a redevelopment agency of a community where the city or
county that created the agency participates in an alternative
voluntary redevelopment program, where, among other things, the city
or county makes remittances for deposit in the Special District
Allocation Fund, as prescribed. Existing law imposes specified
sanctions if a city or county fails to make the remittance and the
Director of Finance makes a specified determination.
This bill would exempt a participating community from being
required to remit any amounts that are calculated based on tax
increment revenues received for a project area that includes within
its boundaries a military base that has been closed or realigned by
the federal government. In the event a community fails to make the
required remittance, the bill would permit the community to continue
to function, to a limited extent, if the community contains a project
area that includes within its boundaries a military base closed or
realigned by the federal government and one or more project areas
that do not include a closed or realigned base.
The Fort Ord Reuse Authority Act authorizes the County of
Monterey, and specified cities within that county to establish the
Fort Ord Reuse Authority to, among other things, plan for, finance,
and manage the transition of the property known as Fort Ord from
military to civilian use.
This bill would authorize Contra Costa County and the City of
Concord to establish the Concord Naval Weapons Station Reuse
Authority to plan for, finance, and manage the transition of the
property formerly known as the Concord Naval Weapons Station from
military to civilian use.
This bill would make legislative findings and declarations as to
the necessity of a special statute for the County of Contra Costa.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 34194 of the Health
and Safety Code is amended to read:
34194. (a) A city or county that includes a redevelopment agency
that has complied with this part shall make the remittances required
by this section to the county auditor-controller. The county
auditor-controller shall deposit an amount as determined by Section
34194.4 into the Special District Allocation Fund, and remaining
funds shall be remitted to the county Educational Revenue
Augmentation Fund, created pursuant to Article 3 (commencing with
Section 97) of Chapter 6 of Part 0.5 of Division 1 of the Revenue and
Taxation Code.
(b) (1) For the 2011-12 fiscal year, a city or county shall remit
an amount equal to the amount determined for the redevelopment
agencies in that city or county pursuant to subparagraph (I) of
paragraph (2).
(2) Utilizing the Controller's redevelopment agency 2008-09 annual
report, the Director of Finance shall do all of the following for
the 2011-12 fiscal year:
(A) Determine the net tax increment apportioned to each
redevelopment agency pursuant to Section 33670, calculated as a
redevelopment agency's tax increment revenue, excluding any amounts
apportioned to affected taxing agencies pursuant to Section 33401,
33492.140, 33607, 33607.5, 33607.7, or 33676, and excluding all
amounts used to pay for tax allocation bonds and interest payments
specified in the Controller's report, in the 2008-09 fiscal year.
(B) Determine the net tax increment apportioned to all
redevelopment agencies pursuant to Section 33670, calculated as all
redevelopment agencies' tax increment revenue, excluding any amounts
apportioned to affected taxing agencies pursuant to Section 33401,
33492.140, 33607, 33607.5, 33607.7, or 33676, and excluding all
amounts used to pay for tax allocation bonds and interest payments
specified in the Controller's report, in the 2008-09 fiscal year.
(C) Determine each redevelopment agency's proportionate share of
statewide net tax increment by dividing the amount determined
pursuant to subparagraph (A) by the amount determined pursuant to
subparagraph (B).
(D) Determine a proportionate amount of net tax increment for each
redevelopment agency by multiplying one billion seven hundred
million dollars ($1,700,000,000) by the proportionate share
determined pursuant to subparagraph (C).
(E) Determine the total amount of property tax revenue apportioned
to each redevelopment agency pursuant to Section 33670, calculated
as a redevelopment agency's tax increment revenue, including any
amounts apportioned to affected taxing agencies pursuant to Section
33401, 33492.140, 33607, 33607.5, 33607.7, or 33676, and including
all amounts used for payments of tax allocation bonds and interest
payments specified in the Controller's report, in the 2008-09 fiscal
year.
(F) Determine the total amount of property tax revenue apportioned
to all redevelopment agencies pursuant to Section 33670, calculated
as all redevelopment agencies' tax increment revenue, including any
amounts apportioned to affected taxing agencies pursuant to Section
33401, 33492.140, 33607, 33607.5, 33607.7, or 33676, and including
all amounts used for payments of tax allocation bonds and interest
payments specified in the Controller's report, in the 2008-09 fiscal
year.
(G) Determine each redevelopment agency's proportionate share of
property tax revenue by dividing the amount determined pursuant to
subparagraph (E) by the amount determined pursuant to subparagraph
(F).
(H) Determine a proportionate amount of property tax revenue for
each redevelopment agency by multiplying one billion seven hundred
million dollars ($1,700,000,000) by the proportionate share
determined pursuant to subparagraph (G).
(I) Average the amounts determined pursuant to subparagraphs (D)
and (H).
(J) On or before August 1, 2011, notify each city or county of the
amount determined pursuant to subparagraph (I) for a redevelopment
agency of that city or county.
(K) Notify each county auditor-controller of the amounts
determined pursuant to subparagraph (I) for each agency in his or her
county.
(L) (i) After receiving the notification from the Director of
Finance pursuant to subparagraph (J), a city or county may appeal the
amount of remittance to the director on or before August 15, 2011,
on the basis that the information in the Controller's report was in
error or that the percentage of tax increment necessary to pay for
tax allocation bonds and interest payments has increased by 10
percent or more over the percentage calculated pursuant to the
Controller's redevelopment agency 2008-09 annual report. Any appeal
shall include documentation that clearly and convincingly establishes
the basis of the appeal and the amount of the claimed discrepancy.
(ii) The director may reject the appeal or approve it, in whole or
in part, at the director's sole discretion. The director shall
notify the city or county and the county auditor-controller of the
decision on the appeal by September 15, 2011. However, the director
may extend the decision deadline, at the director's discretion and
upon notification of the city or county and the county
auditor-controller, until October 15, 2011, in which case the date by
which the city or county must enact the ordinance required by this
part shall be extended until December 1, 2011. If the director
determines that the percentage of tax increment necessary to pay for
tax allocation bonds or interest payments has increased by 10 percent
or more, as described by this subparagraph, then the director shall
recalculate the remittance amount for the city or county identified
in subparagraph (I) by reducing the amount in subparagraph (D) to
reflect any percentage increase that is in excess of 10 percent.
(c) For the 2012-13 fiscal year and each fiscal year thereafter a
participating community shall remit an amount equal to the sum of the
amounts specified in paragraphs (1) and (2) , except as
adjusted by paragraph (4) :
(1) For a community subject to a remittance amount determined for
the 2011-12 fiscal year pursuant to subdivision (b), a base payment
equal to the base payment in the prior fiscal year, increased by the
percentage growth or decreased by the percentage reduction, as
appropriate, from the prior fiscal year in the total adjusted amount
of property tax increment revenue allocated to the redevelopment
agency of the community pursuant to Section 33670 with respect to
project areas that were in existence, and for which the agency
received allocations of tax increment revenue, during the 2011-12
fiscal year.
(A) For the 2012-13 fiscal year, the base payment in the prior
fiscal year shall be the remittance amount determined pursuant to
subdivision (b) for the 2011-12 fiscal year multiplied by the ratio
of four hundred million dollars ($400,000,000) to one billion seven
hundred million dollars ($1,700,000,000).
(B) The "adjusted amount of property tax increment revenue"
described in this paragraph means an amount of property tax increment
in any fiscal year for a project area that is calculated by
subtracting the amount of any debt service or other payments for new
debt issuances or obligations, as provided in paragraph (2), from the
total amount of property tax increment revenue allocated in that
year to the agency with respect to that project area.
(2) (A) An amount equivalent to 80 percent, or any lesser amount
as may be authorized by law for qualifying projects, of the total net
school share, as described in subparagraph (B), of debt service or
other payments made in that fiscal year for new debt or obligations
issued or incurred on or after November 1, 2011, as shown on the
agency's statement of indebtedness, excluding any debts issued or
incurred on behalf of the agency's Low and Moderate Income Housing
Fund, established pursuant to Section 33334.3. "New debt" means debt
that is displayed on a statement of indebtedness filed after a
statement of indebtedness filed on October 1, 2011, that was not
displayed on the statement of indebtedness filed on October 1, 2011.
(B) For the purpose of subparagraph (A), the net school share
shall be the school share of the property tax increment revenues,
less any passthrough payments to school entities, that would have
been received in the absence of redevelopment by school entities, as
defined in subdivision (f) of Section 95 of the Revenue and Taxation
Code, in the jurisdictional territory of the redevelopment agency,
including, but not limited to, the amounts specified in Section 97.68
and 97.70 of the Revenue and Taxation Code.
(C) It is the intent of the Legislature to enact legislation in
the 2011-12 session to prescribe a schedule of reductions in the
community remittance, described in subparagraph (A), that will
authorize payments of less than 80 percent of the school share of
property taxes to the Educational Revenue Augmentation Fund. The
reductions shall apply for bonds issued for the purpose of funding
projects that advance the achievement of statewide goals with respect
to transportation, housing, economic development and job creation,
environmental protection and remediation, and climate change,
including, but not limited to, projects that are consistent with the
Sustainable Communities Strategies developed pursuant to Chapter 4.2
(commencing with Section 21155) of Division 13 of the Public
Resources Code.
(3) On or before November 1 of each year, the city or county shall
notify the Department of Finance, the Controller, and the county
auditor-controller of the remittance amount required by the
calculations described in this subdivision. The Director of Finance,
the Controller, and the county auditor-controller shall each be
authorized to audit and verify the remittance amount that is
determined by the city or county. The county auditor-controller,
based upon an audit conducted by that office, or upon notification by
the Director of Finance or the Controller based on an audit
conducted by those offices, that determines that the city or county
has miscalculated its remittance payment amount, shall adjust the
amount of the next remittance payment that shall be paid by the city
or county to reflect the correct amount of payment previously owed by
the city or county as identified in that audit, as required by this
subdivision.
(4) A participating community shall be exempt from the annual
remittance amount required pursuant to this subdivision that is
calculated based on tax increment revenues received for a project
area that includes within its boundaries a military base that has
been closed or realigned by the federal government. For a
participating community that receives tax increment revenue from both
a project area that includes a closed or realigned military base
within its boundaries and one or more project areas that do not
include a closed or realigned military base, the annual remittance
amount required to be paid pursuant to this subdivision shall be the
sum of the amount that would be calculated pursuant to paragraphs (1)
and (2) based solely on the tax increment revenue received by the
agency from project area that does not include a closed or realigned
military base within its boundaries and the new debt or obligations
incurred by the agency pursuant to redevelopment projects that do not
include a closed military base within the project area boundary.
(d) (1) A city or county shall pay one-half of the total
remittance amount, as calculated pursuant to subdivision (b) or (c),
on or before January 15 of each year and shall pay the remaining
one-half of the remittance amount on or before May 15 of each year.
(2) If a city or county fails to make its remittance payment as
required by paragraph (1), the county auditor-controller shall notify
the Director of Finance of the failure to make the payment within 30
days. Upon receipt of the notification, the Director of Finance may
determine that the redevelopment agency in the city or county shall
be subject to the requirements of Part 1.8 (commencing with Section
34161) and Part 1.85 (commencing with Section 34170) as described in
Section 34195.
SEC. 2. Section 34195 of the Health and
Safety Code is amended to read:
34195. In the event that a city or county fails to make the
remittance required pursuant to the agreement specified in Section
34194 or 34194.5 and the Director of Finance makes the determination
described in those sections, the following shall apply:
(a) The city or county shall no longer be authorized to engage in
voluntary redevelopment pursuant to this part and the redevelopment
agency shall become immediately subject to the provisions of Part 1.8
(commencing with Section 34161) and Part 1.85 (commencing with
34170) , except as specified in subdivision (c) .
(b) The state shall be entitled to an assignment of any rights of
a city or county, as applicable, to any payments from the
redevelopment agency to which the city or county is entitled, as
described in subdivision (b) of Section 34193.2, for purposes of
mitigating the fiscal impact to the state related to the failure of
the city or county to make the required remittance payment.
(c) (1) This subdivision applies to a community that does all of
the following:
(A) Includes within its jurisdiction a redevelopment project area
that contains within its boundaries a military base that has been
closed or realigned by the federal government.
(B) Includes within its jurisdiction a redevelopment project area
that does not contain a closed or realigned military base.
(C) Fails to pay the annual remittance amount pursuant to
paragraph (4) of subdivision (c) of Section 34194.
(2) A community that meets the requirements of paragraph (1) may
continue to carry out and implement the redevelopment plan for a
redevelopment project that includes a closed or realigned military
base in accordance with Part 1 (commencing with Section 33000), Part
1.5 (commencing with Section 34000), Part 1.6 (commencing with
Section 34050), and Part 1.7 (commencing with Section 34100), and any
other applicable law pertaining to the agency and its legislative
body with respect to the redevelopment plan including, but not
limited to, any law pertaining to the activation, activities, and
operations of, the incurring of indebtedness by, and the allocation
of tax increment to, the agency with respect to the plan. A
redevelopment project area of the community that does not include a
closed or realigned military base shall be immediately subject to
Part 1.8 (commencing with Section 34161) and Part 1.85 (commencing
with Section 34170), except that the agency shall not be dissolved,
but shall be permitted only to carry out and implement a project that
includes a closed or realigned base, as permitted by this
subdivision.
SECTION 1. Title 7.84 (commencing with Section
67645) is added to the Government Code, to read:
TITLE 7.84. CONCORD NAVAL WEAPONS STATION REUSE AUTHORITY
67645. This title shall be known and may be cited as the Concord
Naval Weapons Station Reuse Authority Act.
67645.1. The Legislature hereby finds and declares the following
goals to be the policy of the state of California:
(a) To facilitate the transfer and reuse of the real and other
property comprising the military reservation known as the Concord
Naval Weapons Station with all practical speed.
(b) To minimize the disruption caused by the base's closure on the
civilian economy and the people of Contra Costa County and the bay
area.
(c) To provide for the reuse and development of the base area in
ways that enhance the economy and quality of life of the Contra Costa
County and bay area community.
(d) To maintain and protect the unique environmental resources of
the area.
67645.2. The Legislature finds and declares as follows:
(a) The policy set forth in Section 67645.1 is most likely to be
achieved if an effective governmental structure exists to plan for,
finance, and carry out the transfer and reuse of the base in a
cooperative, coordinated, balanced, and decisive manner.
(b) Contra Costa County and the City of Concord have requested the
Legislature to establish a governmental structure for the Concord
Naval Weapons Station.
67645.5. Contra Costa County and the City of Concord may
establish the Concord Naval Weapons Station Reuse Authority upon the
adoption of resolutions favoring the establishment of the authority
by the governing bodies of those agencies, to plan for, finance, and
manage the transition of the property known as the Concord Naval
Weapons Station from military to civilian use.
SEC. 2. The Legislature finds and declares that
a special law is necessary and that a general law cannot be made
applicable within the meaning of Section 16 of Article IV of the
California Constitution because of the unique need in Contra Costa
County to facilitate the use of the Concord Naval Weapons Station
from military to civilian use.
