Today's Law As Amended


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AB-1471 State-mandated local costs: preventable loss revenue.(2019-2020)



As Amends the Law Today


SECTION 1.
 The Legislature finds and declares all of the following:
(a) The Legislature enacted Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code titled “State-Mandated Local Costs” to provide for the implementation of Section 6 of Article XIII B of the California Constitution.
(b) These provisions provide for the reimbursement of costs mandated by the state, which includes costs incurred by a local agency as a result of any statute enacted on or after January 1, 1975.
(c) These provisions provide for the reimbursement of indirect costs mandated by the state.
(d) In addition to indirect costs, local agencies, including those that lack opportunities to generate adequate or additional revenue to support necessary governmental services and benefits, also lose other revenue, including lost tax revenue, as a result of the delayed implementation of statutes enacted on or after January 1, 1975.
(e) That lost revenue may constrain the ability of certain underprivileged or disadvantaged local agencies to generate adequate or additional revenue to support necessary governmental services and benefits.
(f) These losses of revenue are preventable losses that should be reimbursed.

SEC. 2.

 Section 17514.5 is added to the Government Code, to read:

17514.5.
 (a) “Delayed implementation of a state action” means the failure of a state agency to fully perform an action during a period of time prescribed for that action by statute, regulation, executive order, or other law or mandate.
(b) “Preventable lost revenue” means a revenue loss that an underprivileged or disadvantaged local agency sustains after January 1, 2020, as a result of the delayed implementation of a state action.
(c) “State action” means either:
(1) A failure of a state agency to issue a license or other similar authorization required as a prerequisite to the performance of a certain activity performed or authorized by a local agency, prior to the expiration of the state agency’s statutorily prescribed deadline to issue the license or similar authorization.
(2) A failure to advise, consult, instruct, or otherwise provide comments to a local agency on subject matter within the scope of the state agency’s expertise prior to the expiration of the statutorily prescribed opportunity or deadline to provide those comments.
(d) “Underprivileged or disadvantaged local agency” means either:
(1) Any city, county, or city and county with a median household income that is below that of the county with the highest median household income by 25 percent or more, based on the most recent edition of the American Community Survey 5-year estimates prepared by the United States Census Bureau.
(2) Any city, county, or city and county with an average life expectancy that is below that of the county with the highest average life expectancy by three years or more, based on the most recent edition of the Institute for Health Metrics and Evaluation.

SEC. 3.

 Section 17550.5 is added to the Government Code, to read:

17550.5.
 (a) Reimbursement to an underprivileged or disadvantaged local agency for preventable lost revenue sustained as a result of the delayed implementation of a state action shall be provided pursuant to claims made under this chapter.
(b) Claims by an underprivileged or disadvantaged local agency for preventable lost revenue sustained as a result of the delayed implementation of a state action are exempt from the provisions of Section 17556.