Bill Text: CA SB194 | 2009-2010 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Community Equity Investment Act of 2010.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Vetoed) 2010-09-27 - In Senate. To unfinished business. (Veto) [SB194 Detail]

Download: California-2009-SB194-Amended.html
BILL NUMBER: SB 194	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  AUGUST 2, 2010
	AMENDED IN ASSEMBLY  JUNE 15, 2010
	AMENDED IN SENATE  JANUARY 7, 2010
	AMENDED IN SENATE  MAY 18, 2009
	AMENDED IN SENATE  MAY 5, 2009
	AMENDED IN SENATE  APRIL 22, 2009
	AMENDED IN SENATE  APRIL 13, 2009

INTRODUCED BY   Senator Florez

                        FEBRUARY 23, 2009

   An act to add Section 50834.5 to the Health and Safety Code,
relating to community development.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 194, as amended, Florez. Community Equity Investment Act of
2010.
   Under the federal State Community Development Block Grant Program,
funds are allocated to the state and administered by the Department
of Housing and Community Development for projects and programs that
meet the housing and economic development needs of persons and
families of low or moderate income.
   This bill would enact the Community Equity Investment Act of 2010.
The bill would make legislative findings and declarations relating
to disadvantaged  ,  unincorporated communities. The
bill would specify how funds received pursuant to the federal State
Community Development Block Grant Program are expended at the local
government level and would impose various requirements on a 
city or county   local government  in receipt of
those funds that would, among other things, ensure the representation
and participation of citizens of disadvantaged unincorporated
communities.
   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) This act shall be known and may be
cited as the Community Equity Investment Act of 2010.  
   (b) The Legislature finds and declares both of the following:
 
   (1) There exist in California hundreds of disadvantaged
unincorporated communities. There are more than 200 of these
communities in the San Joaquin Valley alone. Many of these
communities are geographically isolated islands, surrounded by the
city limits of large and medium-sized cities.  
   (2) The conditions within these disadvantaged unincorporated
communities evidence a distinct lack of public and private investment
that presents a threat to the health and safety of the residents and
fosters economic, social, and educational inequality. Many of these
communities lack basic infrastructure, including, but not limited to,
streets, sidewalks, storm drainage, clean drinking water, and
adequate sewer service. 
   SEC. 2.    Section 50834.5 is added to the  
Health and Safety Code  , to read:  
   50834.5.  Unless prohibited by federal law, where a federal
entitlement exists under the Community Development Block Grant
Program (24 C.F.R. Part 570), a local government shall comply with
all of the following requirements with the funds made available
pursuant to this chapter:
   (a) If a local government has a citizen advisory committee to
advise the council or board on Community Development Block Grant
Program matters which relate, but are not limited, to public health,
safety, welfare, public works, or planning, the local government
shall include representation from disadvantaged unincorporated
communities within its jurisdiction.
   (b) Local governments shall provide proper notice, in compliance
with federal Community Development Block Grant regulations, to ensure
that citizens from disadvantaged unincorporated communities are
given reasonable and timely access to information about the Community
Development Block Grant Program, the application process, and
technical assistance that may be available to their communities.
   (c) In determining how to distribute Community Development Block
Grant funds for technical assistance, a local government shall
prioritize the needs of residents of disadvantaged unincorporated
communities within its jurisdiction with no local governing board to
the extent necessary to permit residents to prepare and submit an
application for funding.  
  SECTION 1.    (a) This act shall be known and may
be cited as the Community Equity Investment Act of 2010.
   (b) The Legislature finds and declares both of the following:
   (1) There exists in California hundreds of disadvantaged
unincorporated communities, commonly referred to as "colonias." There
are more than 200 of these communities in the San Joaquin Valley
alone. Many of these communities are geographically isolated islands,
surrounded by the city limits of large and medium-sized cities.
   (2) The conditions within these disadvantaged unincorporated
communities evidence a distinct lack of public and private investment
that presents a threat to the health and safety of the residents and
fosters economic, social, and educational inequality. Many of these
communities lack basic infrastructure, including, but not limited to,
streets, sidewalks, storm drainage, clean drinking water, and
adequate sewer service.  
  SEC. 2.    Section 50834.5 is added to the Health
and Safety Code, to read:
   50834.5.  (a) Unless prohibited by federal law, where a federal
entitlement exists under the Community Development Block Grant
Program (24 C.F.R. Part 570), a city or county shall comply with all
of the following requirements with the funds made available pursuant
to this chapter:
   (1) No less than 75 percent of all funds shall benefit targeted
income groups.
   (2) The city council or board of supervisors of each city or
county shall establish a citizens advisory committee (CAC) to advise
the council or board on Community Development Block Grant program
matters which relate, but are not limited, to public health, safety,
welfare, public works, and planning.
   (A) The CAC of a city shall include at least one resident that
resides in that city's island or fringe community to ensure
representation of the community interest in the city's entire island
or fringe area.
   (B) The CAC of a county shall include at least one representative
that resides in every disadvantaged unincorporated community.
   (3) To ensure that citizens from disadvantaged unincorporated
communities are given reasonable and timely access to the Community
Development Block Grant application, a city or county shall provide
information and proper notice related to grant funding as follows:
   A city or county shall notify all of the following entities of the
opening of the application period for funding at least 90 days prior
to the application deadline:
   (A) Participating cities and districts with significant
concentrations of lower-income residents.
   (B) Residents of a qualifying community that does not have a local
special district.
   (C) All residents of a small community without a local government.

   (D) Communities that have previously applied for Community
Development Block Grant funding.
   (E) Organizations that work with the communities specified in this
paragraph.
   (4) All disadvantaged unincorporated communities shall be invited
in the same manner to all public hearings required by federal
Community Development Block Grant regulations. These hearings shall
be held at times and at accessible locations convenient to residents
of these communities.
   (5) A CAC, prior to making a decision, shall be informed of the
priorities outlined in its respective city's or county's consolidated
plan, in addition to examples of projects.
   (6) When a city council or board of supervisors of any city or
county takes action on the CAC recommendations, it shall make
findings on how the actions of the CAC are consistent with the city's
or county's consolidated plan priorities, reasons for failing to
pursue projects in disadvantaged unincorporated communities, and
steps to address concerns and issues of these communities.
   (b) For the purposes of this section, the following terms shall
have the following meanings:
   (1) "Small community" means a community with less than 2,000
residents.
   (2) "Targeted income group" means families, households, and
individuals whose income does not exceed 80 percent of the county
median income, with adjustments for family and household size.
                    
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