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AB-910 Infrastructure financing districts: facilities and projects. (2011-2012)

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Amended  IN  Assembly  April 25, 2011
Amended  IN  Assembly  March 31, 2011

CALIFORNIA LEGISLATURE— 2011–2012 REGULAR SESSION

Assembly Bill
No. 910


Introduced  by  Assembly Member Torres

February 17, 2011


An act to amend Section 53395.3 of the Government Code, relating to local planning.


LEGISLATIVE COUNSEL'S DIGEST


AB 910, as amended, Torres. Infrastructure financing districts: facilities and projects.
Existing law authorizes counties and cities to form infrastructure financing districts, in accordance with a prescribed procedure, and requires that a district finance only public capital facilities of communitywide significance, as specified.
This bill would, in addition to public capital facilities, require a district to finance affordable housing facilities and economic development projects. The bill would provide that with respect to a district proposing to implement a specified plan, an election would not be required to form a district, adopt an infrastructure financing plan, or issue bonds pursuant to existing law.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 53395.3 of the Government Code is amended to read:

53395.3.
 (a) (1) A district may finance all of the following:
(A) The purchase, construction, expansion, improvement, seismic retrofit, or rehabilitation of any real or other tangible property with an estimated useful life of 15 years or longer that satisfies the requirements of subdivision (b).
(B) The planning and design work that is directly related to the purchase, construction, expansion, or rehabilitation of that property.
(C) The costs described in Sections 53395.5, and 53396.5.
(2) A district may finance only the purchase of facilities for which construction has been completed, as determined by the legislative body. The facilities need not be physically located within the boundaries of the district. A district may not finance routine maintenance, repair work, or the costs of ongoing operation or providing services of any kind.
(b) The district shall finance only affordable housing facilities, economic development projects, and or public capital facilities of communitywide significance, that provide significant benefits to an area larger than the area of the district, including, but not limited to, all of the following:
(1) Highways, interchanges, ramps and bridges, arterial streets, parking facilities, and transit facilities.
(2) Sewage treatment and water reclamation plants and interceptor pipes.
(3) Facilities for the collection and treatment of water for urban uses.
(4) Flood control levees and dams, retention basins, and drainage channels.
(5) Child care facilities.
(6) Libraries.
(7) Parks, recreational facilities, and open space.
(8) Facilities for the transfer and disposal of solid waste, including transfer stations and vehicles.
(c) Any district that constructs dwelling units shall set aside not less than 20 percent of those units to increase and improve the community’s supply of low- and moderate-income housing available at an affordable housing cost, as defined by Section 50052.5 of the Health and Safety Code, to persons and families of low- and moderate-income, as defined in Section 50093 of the Health and Safety Code.
(d) With respect to a district proposing to implement an affordable housing or economic development plan or a plan adopted pursuant to Article 8.5 (commencing with Section 65460) of Chapter 3 of Division 1 of Title 7, an election shall not be required to form a district, adopt an infrastructure financing plan, or issue bonds pursuant to this chapter. All other provisions of this chapter shall otherwise apply to the formation of a district and the adoption of an infrastructure financing plan.