Bill Text: CA SB636 | 2013-2014 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Public Utilities Commission: proceedings.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2014-09-25 - Chaptered by Secretary of State. Chapter 548, Statutes of 2014. [SB636 Detail]

Download: California-2013-SB636-Introduced.html

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BILL NUMBER: SB 636	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Hill
   (Coauthors: Senators Evans, Leno, Wolk, and Yee)
   (Coauthors: Assembly Members Gordon, Levine, Mullin, Ting, and
Yamada)

                        FEBRUARY 22, 2013

   An act to amend Section 34188 of the Health and Safety Code,
relating to redevelopment.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 636, as introduced, Hill. Redevelopment Property Tax Trust Fund
allocations: excess Educational Revenue Augmentation Fund moneys.
   Existing law requires the county auditor-controller, in each
fiscal year, to allocate property tax revenue to local jurisdictions
in accordance with specified formulas and procedures, and generally
requires that each jurisdiction be allocated an amount equal to the
total of the amount of revenue allocated to that jurisdiction in the
prior fiscal year, subject to certain modifications, and that
jurisdiction's portion of the annual tax increment, as defined.
Existing law also reduces the amounts of ad valorem property tax
revenue that would otherwise be annually allocated to the county,
cities, and special districts pursuant to these general allocation
requirements by requiring, for purposes of determining property tax
revenue allocations in each county for the 1992-93 and 1993-94 fiscal
years, that the amounts of property tax revenue deemed allocated in
the prior fiscal year to the county, cities, and special districts be
reduced in accordance with certain formulas. Existing law requires
the transfer of the local property tax revenues not allocated to the
county, cities, and special districts as a result of these reductions
to the Educational Revenue Augmentation Fund (ERAF) in that county
for allocation to school districts, community college districts, and
the county office of education, with any remaining excess funds
allocated to the county, cities, and special districts.
   Existing law additionally requires the county auditor-controller
to determine annually the amount of property taxes that would have
been allocated to each redevelopment agency had the agency not been
dissolved and to deposit that amount into the Redevelopment Property
Tax Trust Fund. Existing law requires the county auditor-controller
for each fiscal year to allocate moneys in the Redevelopment Property
Tax Trust Fund for passthrough payment obligations, enforceable
obligations of the dissolved redevelopment agency, and administrative
costs, as specified. Any remaining moneys in the Redevelopment
Property Tax Trust Fund are required to be distributed as local
property tax revenues to local agencies and school entities, which
may include ERAF, as prescribed.
   This bill would modify the provision of law relating to the
allocation of remaining local property tax revenues in the
Redevelopment Property Tax Trust Fund by deleting language requiring
that the provision be construed in such a manner so as to not
increase any allocations of excess, additional, or remaining ERAF
funds that would otherwise have been allocated to cities, counties,
cities and counties, or special districts pursuant to existing law.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 34188 of the Health and Safety Code is amended
to read:
   34188.  For all distributions of property tax revenues and other
moneys pursuant to this part, the distribution to each taxing entity
shall be in an amount proportionate to its share of property tax
revenues in the tax rate area in that fiscal year, as follows:
   (a) (1) For distributions from the Redevelopment Property Tax
Trust Fund, the share of each taxing entity shall be applied to the
amount of property tax available in the Redevelopment Property Tax
Trust Fund after deducting the amount of any distributions under
paragraphs (2) and (3) of subdivision (a) of Section 34183.
   (2) For each taxing entity that receives passthrough payments,
that agency shall receive the amount of any passthrough payments
identified under paragraph (1) of subdivision (a) of Section 34183,
in an amount not to exceed the amount that it would receive pursuant
to this section in the absence of the passthrough agreement. However,
to the extent that the passthrough payments received by the taxing
entity are less than the amount that the taxing entity would receive
pursuant to this section in the absence of a passthrough agreement,
the taxing entity shall receive an additional payment that is
equivalent to the difference between those amounts.
   (b) Property tax shares of local agencies shall be determined
based on property tax allocation laws in effect on the date of
distribution, without the revenue exchange amounts allocated pursuant
to Section 97.68 of the Revenue and Taxation Code, and without the
property taxes allocated pursuant to Section 97.70 of the Revenue and
Taxation Code.
   (c) The total school share, including passthroughs, shall be the
share of the property taxes that would have been received by school
entities, as defined in subdivision (f) of Section 95 of the Revenue
and Taxation Code, in the jurisdictional territory of the former
redevelopment agency, including, but not limited to, the amounts
specified in Sections 97.68 and 97.70 of the Revenue and Taxation
Code. 
   (d) This section shall not be construed to increase any
allocations of excess, additional, or remaining funds that would
otherwise have been allocated to cities, counties, cities and
counties, or special districts pursuant to clause (i) of subparagraph
(B) of paragraph (4) of subdivision (d) of Section 97.2, clause (i)
of subparagraph (B) of paragraph (4) of subdivision (d) of Section
97.3, or Article 4 (commencing with Section 98) of Chapter 6 of Part
0.5 of Division 1, of the Revenue and Taxation Code, had this section
not been enacted.