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SB-77 Department of Housing and Community Development: loans.(2011-2012)

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SB77:v97#DOCUMENT

Amended  IN  Assembly  August 24, 2012
Amended  IN  Assembly  March 15, 2011

CALIFORNIA LEGISLATURE— 2011–2012 REGULAR SESSION

Senate Bill No. 77


Introduced  by Committee on Budget and Fiscal Review Senator Leno
(Coauthor(s): Assembly Member Ammiano)

January 10, 2011


An act to amend Sections 33500, 33501, 33607.5, and 33607.7 of, to add Part 1.8 (commencing with Section 34161) and Part 1.85 (commencing with Section 34170) to Division 24 of, and to repeal Section 33604 of, the Health and Safety Code, and to add Sections 97.401 and 98.2 to, and to add Chapter 7 (commencing with Section 100.96) to Part 0.5 of Division 1 of, the Revenue and Taxation Code, relating to redevelopment, and making an appropriation therefor, to take effect immediately, bill related to the budget add Section 50406.7 to the Health and Safety Code, relating to housing.


LEGISLATIVE COUNSEL'S DIGEST


SB 77, as amended, Committee on Budget and Fiscal Review Leno. Community redevelopment. Department of Housing and Community Development: loans.
Existing law authorizes the Department of Housing and Community Development to make advance payments to eligible borrowers and grantees under certain loan or grant programs for housing, if the department makes specified determinations.
This bill would additionally authorize the department to reduce the interest rate on any loan issued by the department to a rental housing development to as low as 0% if the development meets specified requirements.

(1)The Community Redevelopment Law authorizes the establishment of redevelopment agencies in communities to address the effects of blight, as defined. Existing law provides that an action may be brought to review the validity of the adoption or amendment of a redevelopment plan by an agency, to review the validity of agency findings or determinations, and other agency actions.

This bill would revise the provisions of law authorizing an action to be brought against the agency to determine or review the validity of specified agency actions.

(2)Existing law also requires that if an agency ceases to function, any surplus funds existing after payment of all obligations and indebtedness vest in the community.

The bill would repeal this provision. The bill would suspend various agency activities and prohibit agencies from incurring indebtedness commencing on the effective date of this act. Effective July 1, 2011, the bill would dissolve all redevelopment agencies and community development agencies in existence and designate successor agencies, as defined, as successor entities. The bill would impose various requirements on the successor agencies and subject successor agency actions to the review of oversight boards, which the bill would establish.

The bill would require county auditor-controllers to conduct an agreed-upon procedures audit of each former redevelopment agency by October 1, 2011. The bill would require the county auditor-controller to determine the amount of property taxes that would have been allocated to each redevelopment agency if the agencies had not been dissolved and deposit this amount in a Redevelopment Property Tax Trust Fund in the county. Revenues in the trust fund would be allocated to various taxing entities in the county and to cover specified expenses of the former agency. The sum of $1,700,000,000 of these moneys would be allocated to the various counties for deposit in a Public Health and Safety Fund, which would be used to reimburse the state for health and trial court services in the county. The bill would authorize the county to elect not to administer this fund, in which case the Director of Finance would be required to designate a different entity to administer this fund. Under the bill, if the county elects not to administer the fund, it would not receive moneys remaining in the Redevelopment Property Tax Trust Fund, which would otherwise be distributed to taxing entities in the county. The bill would also require, for the 2012–13 fiscal year and each subsequent fiscal year in which funds are available, each county auditor-controller to allocate to various educational entities a specified amount. By imposing additional duties upon local public officials, the bill would create a state-mandated local program.

(3)Under the California Constitution, the Legislature is prohibited, except by a 23 vote, from changing the pro rata shares in which ad valorem property tax revenues are allocated among local agencies in a county.

Because this measure would provide property tax revenues that would otherwise be received by enterprise special districts from former redevelopment tax increment allotments instead be received by the respective county, and may result in property tax moneys in the Redevelopment Property Tax Trust Fund not being allocated to the county if it declines to administer the Public Health and Safety Fund, the bill would constitute a change in the pro rata share of property tax allocations in that county and require the passage of the bill by a 23 vote.

(4)The bill would appropriate $500,000 to the Department of Finance from the General Fund for administrative costs associated with the bill.

(5)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

(6)This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.

Vote: TWO_THIRDSMAJORITY   Appropriation: YESNO   Fiscal Committee: YES   Local Program: YESNO  

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


SECTION 1.

 Section 50406.7 is added to the Health and Safety Code, to read:

50406.7.
 Notwithstanding any other law, the department may reduce the interest rate on any loan issued by the department to a rental housing development to as low as 0 percent if the development meets all of the following requirements:
(a) The development has no other debt with regularly scheduled or amortizing debt service payments.
(b) The development will utilize low-income housing tax credits.
(c) The sponsor provides evidence acceptable to the department that demonstrates that the loan issued by the department is not eligible to be treated as debt for federal or state low income housing tax credit purposes without a reduction in the interest rate of the loan.

SECTION 1.

The Legislature finds and declares all of the following:

(a)The economy and the residents of this state are slowly recovering from the worst recession since the Great Depression.

(b)State and local governments are still facing incredibly significant declines in revenues and increased need for core governmental services.

(c)Local governments across this state continue to confront difficult choices and have had to reduce fire and police protection among other services.

(d)Schools have faced reductions in funding that have caused school districts to increase class size and layoff teachers, as well as make other hurtful cuts.

(e)Redevelopment agencies have expanded over the years in this state. The expansion of redevelopment agencies has increasingly shifted property taxes away from services provided to schools, counties, special districts, and cities.

(f)Redevelopment agencies take in approximately 12 percent of all of the property taxes collected across this state.

(g)It is estimated that under current law, redevelopment agencies will divert $5 billion in property tax revenue from other taxing agencies in the 2011−12 fiscal year.

(h)These difficult times demand that a reexamination of resources and priorities be undertaken. This reexamination demonstrates that the state’s investment in local economic development and redevelopment agencies is less critical than providing for police and fire protection and is less critical than preventing additional harm to public education.

(i)Therefore, the Legislature finds that the existence of redevelopment agencies, which redirect property tax dollars from core services, and do so without a vote of the voters, must cease. The Legislature further finds that these existing tax dollars must be returned to schools, fire districts, and the other local entities from which they have been diverted.

(j)The Legislature has all legislative power not explicitly restricted to it. The California Constitution does not require that redevelopment agencies must exist and, unlike other entities such as counties, does not limit the Legislature’s control over that existence. Redevelopment agencies were created by statute and can therefore be dissolved by statute.

(k)Upon their dissolution, any property taxes that would have been allocated to redevelopment agencies will no longer be deemed tax increment. Instead, those taxes will be deemed property tax revenues and will be allocated first to successor agencies to make payments on the indebtedness incurred by the dissolved redevelopment agencies, with remaining balances allocated in accordance with paragraph (3) of subdivision (a) of Section 25.5 of Article XIII of the California Constitution, the provisions of the act adding this section, and other applicable laws.

(l)Among the allocations of these remaining balances, are certain moneys that would be deposited in the Public Health and Safety Fund established under this act. These amounts represent an offer from the state to each county that is willing to make grants to the state to defray certain costs in exchange for a permanent increase in its property taxes. Under this act, counties are free to accept or reject this arrangement. Counties may accept by providing grants of funds to be deposited in the Public Health and Safety Funds. Where counties do not accept, this act makes the same optional arrangement available to other local entities within the same county.

(m)It is the intent of the Legislature to do all of the following in this act:

(1)Bar existing redevelopment agencies from incurring new obligations, prior to their dissolution, that would divert any more money from core governmental functions and dissolve all existing redevelopment agencies effective July 1, 2011. It is further the intent of the Legislature that the greatest amount of funding be realized from these actions in order to provide additional funds for core governmental services.

(2)Allocate property tax revenues to successor agencies for making payments on indebtedness incurred by the redevelopment agency prior to its dissolution and allocate remaining balances in accordance with applicable constitutional and statutory provisions.

(3)Beginning July 1, 2012, allocate these funds according to the existing property tax allocation within each county, except for enterprise special districts, after reserving passthrough amounts, to make the funds available for cities, counties, special districts, and school and community college districts to provide core governmental services. As a result of these actions, it is estimated that, by the 2012−13 fiscal year, these local entities will receive $1.9 billion per year in new resources to use for their core priorities.

(4)Require successor agencies to expeditiously wind down the affairs of the dissolved redevelopment agencies and to provide the successor agencies with limited authority that extends only to the extent needed to implement a winddown of redevelopment agency affairs.

SEC. 2.

(a) It is the intent of the Legislature to do both of the following:

(1)Implement a program that provides local governments with a means to further economic development and employment opportunities in economically distressed areas.

(2)Give local governments alternative financing tools, opportunities, and methods for development projects and purposes.

(b)It is further the intent of the Legislature that all of the following occur:

(1)The financing of these future economic development projects be fiscally sustainable.

(2)These new tools and methods will be focused on areas that have significant poverty and economic stress and will focus on job creation opportunities in these areas. The focus may include brownfields, former military bases, or other areas with significant constraints on development.

(3)These new approaches will enable local agencies to create significant employment opportunities in sustainable jobs, in areas that include green technology, alternative energy, and emerging technologies.

(4)The state continues to provide a method for funding low and moderate income housing projects undertaken by local entities, with an increased emphasis on low and very low income housing.

(5)That these new approaches will assist local government efforts to address the problems of greenhouse gas emissions and transportation and will promote infill development and development that takes advantage of existing public transportation infrastructure.

SEC. 3.Section 33500 of the Health and Safety Code is amended to read:
33500.

(a)Notwithstanding any other provision of law, including Section 33501, an action may be brought to review the validity of the adoption or amendment of a redevelopment plan at any time within 90 days after the date of the adoption of the ordinance adopting or amending the plan, if the adoption of the ordinance occurred prior to January 1, 2011.

(b)Notwithstanding any other provision of law, including Section 33501, an action may be brought to review the validity of any findings or determinations by the agency or the legislative body at any time within 90 days after the date on which the agency or the legislative body made those findings or determinations, if the findings or determinations occurred prior to January 1, 2011.

(c)Notwithstanding any other law, including Section 33501, an action may be brought to review the validity of the adoption or amendment of a redevelopment plan at any time within two years after the date of the adoption of the ordinance adopting or amending the plan, if the adoption of the ordinance occurred after January 1, 2011.

(d)Notwithstanding any other law, including Section 33501, an action may be brought to review the validity of any findings or determinations by the agency or the legislative body at any time within two years after the date on which the agency or the legislative body made those findings or determinations, if the findings or determinations occurred after January 1, 2011.

SEC. 4.Section 33501 of the Health and Safety Code is amended to read:
33501.

(a)An action may be brought pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure to determine the validity of bonds and the redevelopment plan to be financed or refinanced, in whole or in part, by the bonds, or to determine the validity of a redevelopment plan not financed by bonds, including without limiting the generality of the foregoing, the legality and validity of all proceedings theretofore taken for or in any way connected with the establishment of the agency, its authority to transact business and exercise its powers, the designation of the survey area, the selection of the project area, the formulation of the preliminary plan, the validity of the finding and determination that the project area is predominantly urbanized, and the validity of the adoption of the redevelopment plan, and also including the legality and validity of all proceedings theretofore taken and (as provided in the bond resolution) proposed to be taken for the authorization, issuance, sale, and delivery of the bonds, and for the payment of the principal thereof and interest thereon.

(b)Notwithstanding subdivision (a), an action to determine the validity of a redevelopment plan, or amendment to a redevelopment plan that was adopted prior to January 1, 2011, may be brought within 90 days after the date of the adoption of the ordinance adopting or amending the plan.

(c)Any action that is commenced on or after January 1, 2011, which is brought pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure to determine the validity or legality of any issue, document, or action described in subdivision (a), may be brought within two years after any triggering event that occurred after January 1, 2011.

(d)For the purposes of protecting the interests of the state, the Attorney General and the Department of Finance are interested persons pursuant to Section 863 of the Code of Civil Procedure in any action brought with respect to the validity of an ordinance adopting or amending a redevelopment plan pursuant to this section.

(e)For purposes of contesting the inclusion in a project area of lands that are enforceably restricted, as that term is defined in Sections 422 and 422.5 of the Revenue and Taxation Code, or lands that are in agricultural use, as defined in subdivision (b) of Section 51201 of the Government Code, the Department of Conservation, the county agricultural commissioner, the county farm bureau, the California Farm Bureau Federation, and agricultural entities and general farm organizations that provide a written request for notice, are interested persons pursuant to Section 863 of the Code of Civil Procedure, in any action brought with respect to the validity of an ordinance adopting or amending a redevelopment plan pursuant to this section.

SEC. 5.Section 33604 of the Health and Safety Code is repealed.
SEC. 6.Section 33607.5 of the Health and Safety Code is amended to read:
33607.5.

(a)(1)This section shall apply to each redevelopment project area that, pursuant to a redevelopment plan which contains the provisions required by Section 33670, is either: (A) adopted on or after January 1, 1994, including later amendments to these redevelopment plans; or (B) adopted prior to January 1, 1994, but amended, after January 1, 1994, to include new territory. For plans amended after January 1, 1994, only the tax increments from territory added by the amendment shall be subject to this section. All the amounts calculated pursuant to this section shall be calculated after the amount required to be deposited in the Low and Moderate Income Housing Fund pursuant to Sections 33334.2, 33334.3, and 33334.6 has been deducted from the total amount of tax increment funds received by the agency in the applicable fiscal year.

(2)The payments made pursuant to this section shall be in addition to any amounts the affected taxing entities receive pursuant to subdivision (a) of Section 33670. The payments made pursuant to this section to the affected taxing entities, including the community, shall be allocated among the affected taxing entities, including the community if the community elects to receive payments, in proportion to the percentage share of property taxes each affected taxing entity, including the community, receives during the fiscal year the funds are allocated, which percentage share shall be determined without regard to any amounts allocated to a city, a city and county, or a county pursuant to Sections 97.68 and 97.70 of the Revenue and Taxation Code, and without regard to any allocation reductions to a city, a city and county, a county, a special district, or a redevelopment agency pursuant to Sections 97.71, 97.72, and 97.73 of the Revenue and Taxation Code and Section 33681.12. The agency shall reduce its payments pursuant to this section to an affected taxing entity by any amount the agency has paid, directly or indirectly, pursuant to Section 33445, 33445.5, 33445.6, 33446, or any other provision of law other than this section for, or in connection with, a public facility owned or leased by that affected taxing agency, except: (A) any amounts the agency has paid directly or indirectly pursuant to an agreement with a taxing entity adopted prior to January 1, 1994; or (B) any amounts that are unrelated to the specific project area or amendment governed by this section. The reduction in a payment by an agency to a school district, community college district, or county office of education, or for special education, shall be subtracted only from the amount that otherwise would be available for use by those entities for educational facilities pursuant to paragraph (4). If the amount of the reduction exceeds the amount that otherwise would have been available for use for educational facilities in any one year, the agency shall reduce its payment in more than one year.

(3)If an agency reduces its payment to a school district, community college district, or county office of education, or for special education, the agency shall do all of the following:

(A)Determine the amount of the total payment that would have been made without the reduction.

(B)Determine the amount of the total payment without the reduction which: (i) would have been considered property taxes; and (ii) would have been available to be used for educational facilities pursuant to paragraph (4).

(C)Reduce the amount available to be used for educational facilities.

(D)Send the payment to the school district, community college district, or county office of education, or for special education, with a statement that the payment is being reduced and including the calculation required by this subdivision showing the amount to be considered property taxes and the amount, if any, available for educational facilities.

(4)(A)Except as specified in subparagraph (E), of the total amount paid each year pursuant to this section to school districts, 43.3 percent shall be considered to be property taxes for the purposes of paragraph (1) of subdivision (h) of Section 42238 of the Education Code, and 56.7 percent shall not be considered to be property taxes for the purposes of that section and shall be available to be used for educational facilities, including, in the case of amounts paid during the 2011–12 fiscal year through the 2015–16 fiscal year, inclusive, land acquisition, facility construction, reconstruction, remodeling, maintenance, or deferred maintenance.

(B)Except as specified in subparagraph (E), of the total amount paid each year pursuant to this section to community college districts, 47.5 percent shall be considered to be property taxes for the purposes of Section 84751 of the Education Code, and 52.5 percent shall not be considered to be property taxes for the purposes of that section and shall be available to be used for educational facilities, including, in the case of amounts paid during the 2011–12 fiscal year through the 2015–16 fiscal year, inclusive, land acquisition, facility construction, reconstruction, remodeling, maintenance, or deferred maintenance.

(C)Except as specified in subparagraph (E), of the total amount paid each year pursuant to this section to county offices of education, 19 percent shall be considered to be property taxes for the purposes of Section 2558 of the Education Code, and 81 percent shall not be considered to be property taxes for the purposes of that section and shall be available to be used for educational facilities, including, in the case of amounts paid during the 2011–12 fiscal year through the 2015–16 fiscal year, inclusive, land acquisition, facility construction, reconstruction, remodeling, maintenance, or deferred maintenance.

(D)Except as specified in subparagraph (E), of the total amount paid each year pursuant to this section for special education, 19 percent shall be considered to be property taxes for the purposes of Section 56712 of the Education Code, and 81 percent shall not be considered to be property taxes for the purposes of that section and shall be available to be used for education facilities, including, in the case of amounts paid during the 2011–12 fiscal year through the 2015–16 fiscal year, inclusive, land acquisition, facility construction, reconstruction, remodeling, maintenance, or deferred maintenance.

(E)If, pursuant to paragraphs (2) and (3), an agency reduces its payments to an educational entity, the calculation made by the agency pursuant to paragraph (3) shall determine the amount considered to be property taxes and the amount available to be used for educational facilities in the year the reduction was made.

(5)Local education agencies that use funds received pursuant to this section for school facilities shall spend these funds at schools that are: (A) within the project area, (B) attended by students from the project area, (C) attended by students generated by projects that are assisted directly by the redevelopment agency, or (D) determined by the governing board of a local education agency to be of benefit to the project area.

(b)Commencing with the first fiscal year in which the agency receives tax increments and continuing through the last fiscal year in which the agency receives tax increments, a redevelopment agency shall pay to the affected taxing entities, including the community if the community elects to receive a payment, an amount equal to 25 percent of the tax increments received by the agency after the amount required to be deposited in the Low and Moderate Income Housing Fund has been deducted. In any fiscal year in which the agency receives tax increments, the community that has adopted the redevelopment project area may elect to receive the amount authorized by this paragraph.

(c)Commencing with the 11th fiscal year in which the agency receives tax increments and continuing through the last fiscal year in which the agency receives tax increments, a redevelopment agency shall pay to the affected taxing entities, other than the community which has adopted the project, in addition to the amounts paid pursuant to subdivision (b) and after deducting the amount allocated to the Low and Moderate Income Housing Fund, an amount equal to 21 percent of the portion of tax increments received by the agency, which shall be calculated by applying the tax rate against the amount of assessed value by which the current year assessed value exceeds the first adjusted base year assessed value. The first adjusted base year assessed value is the assessed value of the project area in the 10th fiscal year in which the agency receives tax increment revenues.

(d)Commencing with the 31st fiscal year in which the agency receives tax increments and continuing through the last fiscal year in which the agency receives tax increments, a redevelopment agency shall pay to the affected taxing entities, other than the community which has adopted the project, in addition to the amounts paid pursuant to subdivisions (b) and (c) and after deducting the amount allocated to the Low and Moderate Income Housing Fund, an amount equal to 14 percent of the portion of tax increments received by the agency, which shall be calculated by applying the tax rate against the amount of assessed value by which the current year assessed value exceeds the second adjusted base year assessed value. The second adjusted base year assessed value is the assessed value of the project area in the 30th fiscal year in which the agency receives tax increments.

(e)(1)Prior to incurring any loans, bonds, or other indebtedness, except loans or advances from the community, the agency may subordinate to the loans, bonds or other indebtedness the amount required to be paid to an affected taxing entity by this section, provided that the affected taxing entity has approved these subordinations pursuant to this subdivision.

(2)At the time the agency requests an affected taxing entity to subordinate the amount to be paid to it, the agency shall provide the affected taxing entity with substantial evidence that sufficient funds will be available to pay both the debt service and the payments required by this section, when due.

(3)Within 45 days after receipt of the agency’s request, the affected taxing entity shall approve or disapprove the request for subordination. An affected taxing entity may disapprove a request for subordination only if it finds, based upon substantial evidence, that the agency will not be able to pay the debt payments and the amount required to be paid to the affected taxing entity. If the affected taxing entity does not act within 45 days after receipt of the agency’s request, the request to subordinate shall be deemed approved and shall be final and conclusive.

(f)(1)The Legislature finds and declares both of the following:

(A)The payments made pursuant to this section are necessary in order to alleviate the financial burden and detriment that affected taxing entities may incur as a result of the adoption of a redevelopment plan, and payments made pursuant to this section will benefit redevelopment project areas.

(B)The payments made pursuant to this section are the exclusive payments that are required to be made by a redevelopment agency to affected taxing entities during the term of a redevelopment plan.

(2)Notwithstanding any other provision of law, a redevelopment agency shall not be required, either directly or indirectly, as a measure to mitigate a significant environmental effect or as part of any settlement agreement or judgment brought in any action to contest the validity of a redevelopment plan pursuant to Section 33501, to make any other payments to affected taxing entities, or to pay for public facilities that will be owned or leased to an affected taxing entity.

(g)As used in this section, a “local education agency” is a school district, a community college district, or a county office of education.

SEC. 7.Section 33607.7 of the Health and Safety Code is amended to read:
33607.7.

(a)This section shall apply to a redevelopment plan amendment for any redevelopment plans adopted prior to January 1, 1994, that increases the limitation on the number of dollars to be allocated to the redevelopment agency or that increases, or eliminates pursuant to paragraph (1) of subdivision (e) of Section 33333.6, the time limit on the establishing of loans, advances, and indebtedness established pursuant to paragraphs (1) and (2) of subdivision (a) of Section 33333.6, as those paragraphs read on December 31, 2001, or that lengthens the period during which the redevelopment plan is effective if the redevelopment plan being amended contains the provisions required by subdivision (b) of Section 33670. However, this section shall not apply to those redevelopment plans that add new territory.

(b)If a redevelopment agency adopts an amendment that is governed by the provisions of this section, it shall pay to each affected taxing entity either of the following:

(1)If an agreement exists that requires payments to the taxing entity, the amount required to be paid by an agreement between the agency and an affected taxing entity entered into prior to January 1, 1994.

(2)If an agreement does not exist, the amounts required pursuant to subdivisions (b), (c), (d), and (e) of Section 33607.5, until termination of the redevelopment plan, calculated against the amount of assessed value by which the current year assessed value exceeds an adjusted base year assessed value. The amounts shall be allocated between property taxes and educational facilities, including, in the case of amounts paid during the 2011–12 fiscal year through the 2015–16 fiscal year, inclusive, land acquisition, facility construction, reconstruction, remodeling, maintenance, or deferred maintenance, according to the appropriate formula in paragraph (3) of subdivision (a) of Section 33607.5. In determining the applicable amount under Section 33607.5, the first fiscal year shall be the first fiscal year following the fiscal year in which the adjusted base year value is determined.

(c)The adjusted base year assessed value shall be the assessed value of the project area in the year in which the limitation being amended would have taken effect without the amendment or, if more than one limitation is being amended, the first year in which one or more of the limitations would have taken effect without the amendment. The agency shall commence making these payments pursuant to the terms of the agreement, if applicable, or, if an agreement does not exist, in the first fiscal year following the fiscal year in which the adjusted base year value is determined.

SEC. 8.Part 1.8 (commencing with Section 34161) is added to Division 24 of the Health and Safety Code, to read:
1.8.Restrictions on Redevelopment Agency Operations
1.Suspension of Agency Activities and Prohibition on Creation of New Debts
34161.

Notwithstanding 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), or any other law, commencing on the effective date of this part, no agency shall incur new or expand existing monetary or legal obligations except as provided in this part. All of the provisions of this part shall take effect and be operative on the effective date of the act adding this part.

34162.

(a)Notwithstanding 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), or any other law, commencing on the effective date of this act, an agency shall be unauthorized and shall not take any action to incur indebtedness, including, but not limited to, any of the following:

(1)Issue or sell bonds, for any purpose, regardless of the source of repayment of the bonds. As used in this section, the term “bonds,” includes, but is not limited to, any bonds, notes, bond anticipation notes, interim certificates, debentures, certificates of participation, refunding bonds, or other obligations issued by an agency pursuant to Part 1 (commencing with Section 33000), and Section 53583 of the Government Code, pursuant to any charter city authority or any revenue bond law.

(2)Incur indebtedness payable from prohibited sources of repayment, which include, but are not limited to, income and revenues of an agency’s redevelopment projects, taxes allocated to the agency, taxes imposed by the agency pursuant to Section 7280.5 of the Revenue and Taxation Code, assessments imposed by the agency, loan repayments made to the agency pursuant to Section 33746, fees or charges imposed by the agency, other revenues of the agency, and any contributions or other financial assistance from the state or federal government.

(3)Refund, restructure, or refinance indebtedness or obligations that existed as of January 1, 2011, including but, not limited to, any of the following:

(A)Refund bonds previously issued by the agency or by another political subdivision of the state, including, but not limited to, those issued by a city, a housing authority, or a nonprofit corporation acting on behalf of a city or a housing authority.

(B)Exercise the right of optional redemption of any of its outstanding bonds or elect to purchase any of its own outstanding bonds.

(C)Modify or amend the terms and conditions, payment schedules, amortization or maturity dates of any of the agency’s bonds or other obligations that are outstanding or exist as of January 1, 2011.

(4)Take out or accept loans or advances, for any purpose, from the state or the federal government, any other public agency, or any private lending institution, or from any other source. For purposes of this section, the term “loans” include, but are not limited to, agreements with the community or any other entity for the purpose of refinancing a redevelopment project and moneys advanced to the agency by the community or any other entity for the expenses of redevelopment planning, expenses for dissemination of redevelopment information, other administrative expenses, and overhead of the agency.

(5)Execute trust deeds or mortgages on any real or personal property owned or acquired by it.

(6)Pledge or encumber, for any purpose, any of its revenues or assets. As used in this part, an agency’s “revenues and assets” include, but are not limited to, agency tax revenues, redevelopment project revenues, other agency revenues, deeds of trust and mortgages held by the agency, rents, fees, charges, moneys, accounts receivable, contracts rights, and other rights to payment of whatever kind or other real or personal property. As used in this part, to “pledge or encumber” means to make a commitment of, by the grant of a lien on and a security interest in, an agency’s revenues or assets, whether by resolution, indenture, trust agreement, loan agreement, lease, installment sale agreement, reimbursement agreement, mortgage, deed of trust, pledge agreement, or similar agreement in which the pledge is provided for or created.

(b)Any actions taken that conflict with this section are void from the outset and shall have no force or effect.

(c)Notwithstanding subdivision (a), a redevelopment agency may issue refunding bonds, which are referred to in this part as Emergency Refunding Bonds, only where all of the following conditions are met:

(1)The issuance of Emergency Refunding Bonds is the only means available to the agency to avoid a default on outstanding agency bonds.

(2)Both the county treasurer and the Treasurer have approved the issuance of Emergency Refunding Bonds.

(3)Emergency Refunding Bonds are issued only to provide funds for any single debt service payment that is due prior to September 1, 2011, and that is more than 20 percent larger than a level debt service payment would be for that bond.

(4)The principal amount of outstanding agency bonds is not increased.

34163.

Notwithstanding 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), or any other law, commencing on the effective date of this part, an agency shall not have the authority to, and shall not, do any of the following:

(a)Make loans or advances or grant or enter into agreements to provide funds or provide financial assistance of any sort to any entity or person for any purpose, including, but not limited to, all of the following:

(1)Loans of moneys or any other thing of value or commitments to provide financing to nonprofit organizations to provide those organizations with financing for the acquisition, construction, rehabilitation, refinancing, or development of multifamily rental housing or the acquisition of commercial property for lease, each pursuant to Chapter 7.5 (commencing with Section 33741) of Part 1.

(2)Loans of moneys or any other thing of value for residential construction, improvement, or rehabilitation pursuant to Chapter 8 (commencing with Section 33750) of Part 1. These include, but are not limited to, construction loans to purchasers of residential housing, mortgage loans to purchasers of residential housing, and loans to mortgage lenders, or any other entity, to aid in financing pursuant to Chapter 8 (commencing with Section 33750).

(3)The purchase, by an agency, of mortgage or construction loans from mortgage lenders or from any other entities.

(b)Enter into contracts with, incur obligations, or make commitments to, any entity, whether governmental, tribal, or private, or any individual or groups of individuals for any purpose, including, but not limited to, loan agreements, passthrough agreements, regulatory agreements, services contracts, leases, disposition and development agreements, joint exercise of powers agreements, contracts for the purchase of capital equipment, agreements for redevelopment activities, including, but not limited to, agreements for planning, design, redesign, development, demolition, alteration, construction, reconstruction, rehabilitation, site remediation, site development or improvement, removal of graffiti, land clearance, and seismic retrofits.

(c)Amend or modify existing agreements, obligations, or commitments with any entity, for any purpose, including, but not limited to, any of the following:

(1)Renewing or extending term of leases or other agreements, except that the agency may extend lease space for its own use to a date not to exceed six months after the effective date of the act adding this part and for a rate no more than 5 percent above the rate the agency currently pays on a monthly basis.

(2)Modifying terms and conditions of existing agreements, obligations, or commitments.

(3)Forgiving all or any part of the balance owed to the agency on existing loans or extend the term or change the terms and conditions of existing loans.

(4)Increasing its deposits to the Low and Moderate Income Housing Fund created pursuant to Section 33334.3 beyond the minimum level that applied to it as of January 1, 2011.

(5)Transferring funds out of the Low and Moderate Income Housing Fund, except to meet the minimum housing-related obligations that existed as of January 1, 2011, to make required payments under Sections 33690 and 33690.5, and to borrow funds pursuant to Section 34168.5.

(d)Dispose of assets by sale, long-term lease, gift, grant, exchange, transfer, assignment, or otherwise, for any purpose, including, but not limited to, any of the following:

(1)Assets, including, but not limited to, real property, deeds of trust, and mortgages held by the agency, moneys, accounts receivable, contract rights, proceeds of insurance claims, grant proceeds, settlement payments, rights to receive rents, and any other rights to payment of whatever kind.

(2)Real property, including, but not limited to, land, land under water and waterfront property, buildings, structures, fixtures, and improvements on the land, any property appurtenant to, or used in connection with, the land, every estate, interest, privilege, easement, franchise, and right in land, including rights-of-way, terms for years, and liens, charges, or encumbrances by way of judgment, mortgage, or otherwise, and the indebtedness secured by the liens.

(e)Acquire real property by any means for any purpose, including, but not limited to, the purchase, lease, or exercising of an option to purchase or lease, exchange, subdivide, transfer, assume, obtain option upon, acquire by gift, grant, bequest, devise, or otherwise acquire any real property, any interest in real property, and any improvements on it, including the repurchase of developed property previously owned by the agency and the acquisition of real property by eminent domain; provided, however, that nothing in this subdivision is intended to prohibit the acceptance or transfer of title for real property acquired prior to the effective date of this part.

(f)Transfer, assign, vest, or delegate any of its assets, funds, rights, powers, ownership interests, or obligations for any purpose to any entity, including, but not limited to, the community, the legislative body, another member of a joint powers authority, a trustee, a receiver, a partner entity, another agency, a nonprofit corporation, a contractual counterparty, a public body, a limited-equity housing cooperative, the state, a political subdivision of the state, the federal government, any private entity, or an individual or group of individuals.

(g)Accept financial or other assistance from the state or federal government or any public or private source if the acceptance necessitates or is conditioned upon the agency incurring indebtedness as that term is described in this part.

34164.

Notwithstanding 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), or any other law, commencing on the effective date of this part, an agency shall lack the authority to, and shall not, engage in any of the following redevelopment activities:

(a)Prepare, approve, adopt, amend, or merge a redevelopment plan, including, but not limited to, modifying, extending, or otherwise changing the time limits on the effectiveness of a redevelopment plan.

(b)Create, designate, merge, expand, or otherwise change the boundaries of a project area.

(c)Designate a new survey area or modify, extend, or otherwise change the boundaries of an existing survey area.

(d)Approve or direct or cause the approval of any program, project, or expenditure where approval is not required by law.

(e)Prepare, formulate, amend, or otherwise modify a preliminary plan or cause the preparation, formulation, modification, or amendment of a preliminary plan.

(f)Prepare, formulate, amend, or otherwise modify an implementation plan or cause the preparation, formulation, modification, or amendment of an implementation plan.

(g)Prepare, formulate, amend, or otherwise modify a relocation plan or cause the preparation, formulation, modification, or amendment of a relocation plan where approval is not required by law.

(h)Prepare, formulate, amend, or otherwise modify a redevelopment housing plan or cause the preparation, formulation, modification, or amendment of a redevelopment housing plan.

(i)Direct or cause the development, rehabilitation, or construction of housing units within the community, unless required to do so by an enforceable obligation.

(j)Make or modify a declaration or finding of blight, blighted areas, or slum and blighted residential areas.

(k)Make any new findings or declarations that any areas of blight cannot be remedied or redeveloped by private enterprise alone.

(l)Provide or commit to provide relocation assistance, except where the provision of relocation assistance is required by law.

(m)Provide or commit to provide financial assistance.

34165.

Notwithstanding 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), or any other law, commencing on the effective date of this part, an agency shall lack the authority to, and shall not, do any of the following:

(a)Enter into new partnerships, become a member in a joint powers authority, form a joint powers authority, create new entities, or become a member of any entity of which it is not currently a member, nor take on nor agree to any new duties or obligations as a member or otherwise of any entity to which the agency belongs or with which it is in any way associated.

(b)Impose new assessments pursuant to Section 7280.5 of the Revenue and Taxation Code.

(c)Increase the pay, benefits, or contributions of any sort for any officer, employee, consultant, contractor, or any other goods or service provider that had not previously been contracted.

(d)Provide optional or discretionary bonuses to any officers, employees, consultants, contractors, or any other service or goods providers.

(e)Increase numbers of staff employed by the agency beyond the number employed as of January 1, 2011.

(f)Bring an action pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure to determine the validity of any issuance or proposed issuance of revenue bonds under this chapter and the legality and validity of all proceedings previously taken or proposed in a resolution of an agency to be taken for the authorization, issuance, sale, and delivery of the revenue bonds and for the payment of the principal thereof and interest thereon.

(g)Begin any condemnation proceeding or begin the process to acquire real property by eminent domain.

(h)Prepare or have prepared a draft environmental impact report. This subdivision shall not alter or eliminate any requirements of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).

34166.

No legislative body or local governmental entity shall have any statutory authority to create or otherwise establish a new redevelopment agency or community development commission. No chartered city or chartered county shall exercise the powers granted in Part 1 (commencing with Section 33000) to create or otherwise establish a redevelopment agency.

34167.

(a)This part is intended to preserve, to the maximum extent possible, the revenues and assets of redevelopment agencies so that those assets and revenues that are not needed to pay for enforceable obligations may be used by local governments to fund core governmental services including police and fire protection services and schools. It is the intent of the Legislature that redevelopment agencies take no actions that would further deplete the corpus of the agencies’ funds regardless of their original source. All provisions of this part shall be construed as broadly as possible to support this intent and to restrict the expenditure of funds to the fullest extent possible.

(b)For purposes of this part “agency” or “redevelopment agency” means a redevelopment agency created or formed pursuant to Part 1 (commencing with Section 33000) or its predecessor or a community development commission created or formed pursuant to Part 1.7 (commencing with Section 34100) or its predecessor.

(c)Nothing in this part in any way impairs the authority of a community development commission, other than in its authority to act as a redevelopment agency, to take any actions in its capacity as a housing authority or for any other community development purpose of the jurisdiction in which it operates.

(d)For purposes of this part, “enforceable obligation” means any of the following:

(1)Bonds, as defined by Section 33602 and bonds issued pursuant to Section 5850 of the Government Code, including the required debt service, reserve set-asides and any other payments required under the indenture or similar documents governing the issuance of the outstanding bonds of the redevelopment agency.

(2)Loans of moneys borrowed by the redevelopment agency for a lawful purpose, to the extent they are legally required to be repaid pursuant to a required repayment schedule or other mandatory loan terms.

(3)Payments required by the federal government, preexisting obligations to the state or obligations imposed by state law, other than passthrough payments that are made by the county auditor-controller pursuant to Section 34183, or legally enforceable payments required in connection with the agencies’ employees, including, but not limited to, pension payments, pension obligation debt service, and unemployment payments.

(4)Judgments or settlements entered by a competent court of law or binding arbitration decisions against the former redevelopment agency, other than passthrough payments that are made by the county auditor-controller pursuant to Section 34183. Along with the successor agency, the oversight board shall have the authority and standing to appeal any judgment or to set aside any settlement or arbitration decision.

(5)Any legally binding and enforceable agreement or contract that is not otherwise void as violating the debt limit or public policy.

(6)Contracts or agreements necessary for the continued administration or operation of the redevelopment agency to the extent permitted by this part, including, but not limited to, agreements to purchase or rent office space, equipment and supplies, and pay related expenses pursuant to Section 33127 and for carrying insurance pursuant to Section 33134.

(e)To the extent that any provision of Part 1 (commencing with Section 33000), Part 1.5 (commencing with Section 34000), Part 1.6 (commencing with Section 34050), or Part 1.7 (commencing with Section 34100) conflicts with this part, the provisions of this part shall control. Further, if any provision in Part 1 (commencing with Section 33000), Part 1.5 (commencing with Section 34000), Part 1.6 (commencing with Section 34050), or Part 1.7 (commencing with Section 34100) provides an authority that this part is restricting or eliminating, the restriction and elimination provisions of this part shall control.

(f)Nothing in this part shall be construed to interfere with a redevelopment agency’s authority, pursuant to enforceable obligations as defined in this chapter, to (1) make payments due, (2) enforce existing covenants and obligations, or (3) perform its obligations.

(g)The existing terms of any memorandum of understanding with an employee organization representing employees of a redevelopment agency adopted pursuant to the Meyers-Milias-Brown Act that is in force on the effective date of this part shall continue in force until June 30, 2011, unless a new agreement is reached with a recognized employee organization prior to that date.

(h)After the enforceable obligation payment schedule is adopted pursuant to Section 34169, or after 60 days from the effective date of this part, whichever is sooner, the agency shall not make a payment unless it is listed in an adopted enforceable obligation payment schedule, other than payments required to meet obligations with respect to bonded indebtedness.

(i)The Department of Finance and the Controller shall each have the authority to require any documents associated with the enforceable obligations to be provided to them in a manner of their choosing. Any taxing entity, the department, and the Controller shall each have standing to file a judicial action to prevent a violation under this part and to obtain injunctive or other appropriate relief.

(j)For purposes of this part, “auditor-controller” means the officer designated in subdivision (e) of Section 24000 of the Government Code.

34167.5.

Commencing on the effective date of the act adding this part, the Controller shall review the activities of redevelopment agencies in the state to determine whether an asset transfer has occurred after January 1, 2011, between the city or county, or city and county that created a redevelopment agency or any other public agency, and the redevelopment agency. If such an asset transfer did occur during that period and the government agency that received the assets is not contractually committed to a third party for the expenditure or encumbrance of those assets, to the extent not prohibited by state and federal law, the Controller shall order the available assets to be returned to the redevelopment agency or, on or after July 1, 2011, to the successor agency. Upon receiving such an order from the Controller, an affected local agency shall, as soon as practicable, reverse the transfer and return the applicable assets to the redevelopment agency or, on or after July 1, 2011, to the successor agency. The Legislature hereby finds that a transfer of assets by a redevelopment agency during the period covered in this section is deemed not to be in the furtherance of the Community Redevelopment Law and is thereby unauthorized.

34168.

(a)Notwithstanding any other law, any action contesting the validity of this part or Part 1.85 (commencing with Section 34170) or challenging acts taken pursuant to these parts shall be brought in the Superior Court of the County of Sacramento.

(b)If any provision of this part or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this part which can be given effect without the invalid provision or application, and to this end, the provisions of this part are severable.

2.Redevelopment Agency Responsibilities
34169.

Until successor agencies are authorized pursuant to Part 1.85 (commencing with Section 34170), redevelopment agencies shall do all of the following:

(a)Continue to make all scheduled payments for enforceable obligations, as defined in subdivision (d) of Section 34167.

(b)Perform obligations required pursuant to any enforceable obligations, including, but not limited to, observing covenants for continuing disclosure obligations and those aimed at preserving the tax-exempt status of interest payable on any outstanding agency bonds.

(c)Set aside or maintain reserves in the amount required by indentures, trust indentures, or similar documents governing the issuance of outstanding redevelopment agency bonds.

(d)Consistent with the intent declared in subdivision (a) of Section 34167, preserve all assets, minimize all liabilities, and preserve all records of the redevelopment agency.

(e)Cooperate with the successor agencies and provide all records and information necessary or desirable for audits, making of payments required by enforceable obligations, and performance of enforceable obligations by the successor agencies.

(f)Take all reasonable measures to avoid triggering an event of default under any enforceable obligations as defined in subdivision (d) of Section 34167.

(g)(1)Within 60 days of the effective date of this part, adopt an Enforceable Obligation Payment Schedule that lists all of the obligations that are enforceable within the meaning of subdivision (d) of Section 34167 which includes the following information about each obligation:

(A)The project name associated with the obligation.

(B)The payee.

(C)A short description of the nature of the work, product, service, facility, or other thing of value for which payment is to be made.

(D)The amount of payments obligated to be made, by month, through December 2011.

(2)Payment schedules for issued bonds may be aggregated, and payment schedules for payments to employees may be aggregated. This schedule shall be adopted at a public meeting and shall be posted on the agency’s Internet Web site or, if no Internet Web site exists, on the Internet Web site of the legislative body, if that body has an Internet Web site. The schedule may be amended at any public meeting of the agency. Amendments shall be posted to the Internet Web site for at least three business days before a payment may be made pursuant to an amendment. The Enforceable Obligation Payment Schedule shall be transmitted by mail or electronic means to the county auditor-controller, the Controller, and the Department of Finance. A notification providing the Internet Web site location of the posted schedule and notifications of any amendments shall suffice to meet this requirement.

(h)Prepare a preliminary draft of the initial recognized obligation payment schedule, no later than June 30, 2011, and provide it to the successor agency.

(i)The Department of Finance may review a redevelopment agency action taken pursuant to subdivision (g) or (h). As such, all agency actions shall not be effective for 72 hours, pending a request for review by the department. Each agency shall designate an official to whom the department may make such requests and who shall provide the department with the telephone number and e-mail contact information for the purpose of communicating with the department pursuant to this subdivision. In the event that the department requests a review of a given agency action, it shall have 10 days from the date of its request to approve the agency action or return it to the agency for reconsideration and such action shall not be effective until approved by the department. In the event that the department returns the agency action to the agency for reconsideration, the agency must resubmit the modified action for department approval and the modified action shall not become effective until approved by the department. This subdivision shall apply to a successor agency, as a successor entity to a dissolved redevelopment agency, with respect to the preliminary draft of the initial recognized obligation payment schedule.

SEC. 9.Part 1.85 (commencing with Section 34170) is added to Division 24 of the Health and Safety Code, to read:
1.85.DISSOLUTION OF REDEVELOPMENT AGENCIES AND DESIGNATION OF SUCCESSOR AGENCIES
1.Effective Date, Creation of Funds, and Definition of Terms
34170.

(a)Unless otherwise specified, all provisions of this part shall take effect on July 1, 2011.

(b)If any provision of this part or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of this part which can be given effect without the invalid provision or application, and to this end, the provisions of this part are severable.

34170.5.

(a)The county auditor-controller shall create within the treasury of each county, whose borders formerly contained a redevelopment agency, the Public Health and Safety Fund, for administration by the county auditor-controller or such other entity as provided in Section 34182.

(b)The county auditor-controller shall create within the county treasury a Redevelopment Obligation Retirement Fund to be administered by the successor agency.

(c)The county auditor-controller shall create within the county treasury a Redevelopment Property Tax Trust Fund for the property tax revenues related to each former redevelopment agency, for administration by the county auditor-controller.

34171.

The following terms shall have the following meanings:

(a)“Administrative budget” means the budget for administrative costs of the successor agencies as provided in Section 34177.

(b)“Administrative cost allowance” means an amount that, subject to the approval of the oversight board, is payable from property tax revenues of up to 5 percent of the property tax allocated to the successor agency for the 2011–12 fiscal year and up to 3 percent of the property tax allocated to the Redevelopment Obligation Retirement Fund money that is allocated to the successor agency for each fiscal year thereafter; provided, however, that the amount shall not be less than two hundred fifty thousand dollars ($250,000) for any fiscal year or such lesser amount as agreed to by the successor agency. However, the allowance amount shall exclude any administrative costs that can be paid from bond proceeds or from sources other than property tax.

(c)“Approved development project” means a project where construction, site remediation, design, or environmental assessment work or property acquisition is required by the former redevelopment agency pursuant to an enforceable obligation entered into prior to January 1, 2011, between the former redevelopment agency and parties other than the entities that created the redevelopment agency and either paragraph (1) or (2) applies:

(1)Substantial performance under the applicable agreements has taken place prior to the effective date of the act adding this part.

(2)The oversight board determines both of the following:

(A)That completion of the project described or referenced in the enforceable obligation would generate significant economic benefits for the taxing entities, commensurate with their investment of funds, and also benefit the region.

(B)That the project described or referenced in the enforceable obligation presents a particularly advantageous opportunity to benefit the taxing entities and the region due to special or unique circumstances, including, but not limited to, the availability of uniquely suited properties, and the ability to leverage significant federal or other external funding, or the project is needed to make facilities, investments, or project phases that are already completed or are under construction economically practical, useful, or beneficial.

(3)Any determination made pursuant to paragraph (2) shall be subject to approval pursuant to Section 34178.1.

(4)For purposes of this subdivision, an enforceable obligation shall not be expanded in scope or character.

(d)“Designated local authority” shall mean a public entity formed pursuant to subdivision (d) of Section 34173.

(e)(1)“Enforceable obligation” means any of the following:

(A)Bonds, as defined by Section 33602 and bonds issued pursuant to Section 58383 of the Government Code, including the required debt service, reserve set-asides, and any other payments required under the indenture or similar documents governing the issuance of the outstanding bonds of the former redevelopment agency.

(B)Loans of moneys borrowed by the redevelopment agency for a lawful purpose, to the extent they are legally required to be repaid pursuant to a required repayment schedule or other mandatory loan terms.

(C)Payments required by the federal government, preexisting obligations to the state or obligations imposed by state law, other than passthrough payments that are made by the county auditor-controller pursuant to Section 34183, or legally enforceable payments required in connection with the agencies’ employees, including, but not limited to, pension payments, pension obligation debt service, unemployment payments, or other obligations conferred through a collective bargaining agreement.

(D)Judgments or settlements entered by a competent court of law or binding arbitration decisions against the former redevelopment agency, other than passthrough payments that are made by the county auditor-controller pursuant to Section 34183. Along with the successor agency, the oversight board shall have the authority and standing to appeal any judgment or to set aside any settlement or arbitration decision.

(E)Any legally binding and enforceable agreement or contract that is not otherwise void as violating the debt limit or public policy. However, nothing in this act shall prohibit either the successor agency, with the approval or at the direction of the oversight board, or the oversight board itself from terminating any existing agreements or contracts and providing any necessary and required compensation or remediation for such termination.

(F)Contracts or agreements necessary for the administration or operation of the successor agency, in accordance with this part, including, but not limited to, agreements to purchase or rent office space, equipment and supplies, and pay related expenses pursuant to Section 33127 and for carrying insurance pursuant to Section 33134.

(G)Amounts borrowed from or payments owing to the Low and Moderate Income Housing Fund of a redevelopment agency, which had been deferred as of the effective date of the act adding this part; provided, however, that the repayment schedule is approved by the oversight board.

(2)For purposes of this part, “enforceable obligation” does not include any agreements, contracts, or arrangements between the city, county, or city and county that created the redevelopment agency and the former redevelopment agency.

(3)Contracts or agreements between the former redevelopment agency and other public agencies, to perform services or provide funding for governmental or private services or capital projects outside of redevelopment project areas that do not provide benefit to the redevelopment project and thus were not properly authorized under Part 1 (commencing with Section 33000) shall be deemed void on the effective date of this part; provided, however, that such contracts or agreements for the provision of housing properly authorized under Part 1 (commencing with Section 33000) shall not be deemed void.

(f)“Oversight board” shall mean each entity established pursuant to Section 34179.

(g)“Recognized obligation” means an obligation listed in the Recognized Obligation Payment Schedule.

(h)“Recognized Obligation Payment Schedule” means the document setting forth the minimum payment amounts and due dates of payments required by enforceable obligations for each six-month fiscal period as provided in subdivision (m) of Section 34177.

(i)“Retained development project” is a project planned by the redevelopment agency prior to dissolution that the city, county, or city and county that created the redevelopment agency and wishes to continue to develop, utilizing its own funds, but which the successor agency would otherwise be directed by the oversight board to terminate due to its failure to qualify as an approved development project.

(j)“School entity” means any entity defined as such in Section 95 of the Revenue and Taxation Code.

(k)“Successor agency” means the county, city, or city and county that authorized the creation of each redevelopment agency or another entity as provided in Section 34173.

(l)“Taxing entities” means cities, counties, a city and county, special districts, and school entities, as defined in subdivision (f) of Section 95 of the Revenue and Taxation Code, that receive passthrough payments and distributions of property taxes pursuant to the provisions of this part.

2.Effect of Redevelopment Agency Dissolution
34172.

(a)All redevelopment agencies and redevelopment agency components of community development agencies created under 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) that were in existence on the effective date of this part are hereby dissolved and shall no longer exist as a public body, corporate or politic. Nothing in this part dissolves or otherwise affects the authority of a community redevelopment commission, other than in its authority to act as a redevelopment agency, in its capacity as a housing authority or for any other community development purpose of the jurisdiction in which it operates.

(b)All authority to transact business or exercise powers previously granted under the Community Redevelopment Law (Part 1 (commencing with Section 33000) is hereby withdrawn from the former redevelopment agencies.

(c)Solely for purposes of Section 16 of Article XVI of the California Constitution, the Redevelopment Property Tax Trust Fund shall be deemed to be a special fund of the dissolved redevelopment agency to pay the principal of and interest on loans, moneys advanced to, or indebtedness, whether funded, refunded, assumed, or otherwise incurred by the redevelopment agency to finance or refinance, in whole or in part, the redevelopment projects of each redevelopment agency dissolved pursuant to this part.

(d)Upon their dissolution, any property taxes which would have been allocated to redevelopment agencies pursuant to subdivision (b) of Section 16 of Article XVI of the California Constitution shall no longer be deemed tax increment within the meaning of the Community Redevelopment Law. Instead, all such property taxes shall be deemed property tax revenues within the meaning of subdivision (a) of Section 1 of Article XIII A of the California Constitution. Equivalent property tax revenues to those that would have been allocated pursuant to subdivision (b) of Section 16 of Article XVI of the California Constitution shall be allocated to the Redevelopment Property Tax Trust Fund of each successor agency for making payments on the principal of and interest on loans, and moneys advanced to or indebtedness incurred by the dissolved redevelopment agencies. Property tax revenues in excess of those for payments on dissolved redevelopment agency indebtedness are deemed available for allocation in accordance with paragraph (3) of subdivision (a) of Section 25.5 of Article XIII of the California Constitution, the provisions of the act adding this part, and other applicable laws.

34173.

(a)Successor agencies, as defined in this part, are hereby designated as successor entities to the former redevelopment agencies.

(b)Except for those provisions of the Community Redevelopment Law that are repealed, restricted, or revised pursuant to the act adding this part, all authority, rights, powers, duties, and obligations previously vested with the former redevelopment agencies, under the Community Redevelopment Law, are hereby vested in the successor agencies, but only to the extent necessary to effect the expeditious winddown of the affairs of the dissolved redevelopment agencies.

(c)(1)Where the redevelopment agency was in the form of a joint powers authority, and where the joint powers agreement governing the formation of the joint powers authority addresses the allocation of assets and liabilities upon dissolution of the joint powers authority, then each of the entities that created the former redevelopment agency may be a successor agency within the meaning of this part and each shall have a share of assets and liabilities based on the provisions of the joint powers agreement.

(2)Where the redevelopment agency was in the form of a joint powers authority, and where the joint powers agreement governing the formation of the joint powers authority does not address the allocation of assets and liabilities upon dissolution of the joint powers authority, then each of the entities that created the former redevelopment agency may be a successor agency within the meaning of this part, a proportionate share of the assets and liabilities shall be based on the assessed value in the project areas within each entity’s jurisdiction, as determined by the county assessor, in its jurisdiction as compared to the assessed value of land within the boundaries of the project areas of the former redevelopment agency.

(d)(1)A city, county, city and county, or the entities forming the joint powers authority that authorized the creation of each redevelopment agency may elect not to serve as a successor agency under this part. A city, county, city and county, or any member of a joint powers authority that elects not to serve as a successor agency under this part must file a copy of a duly authorized resolution of its governing board to that effect with the county auditor-controller no later than June 1, 2011.

(2)(A)If a city, county, city and county, or any member of a joint powers authority that authorized the creation of the redevelopment agency elects not to serve as a successor agency under this part, it shall not receive any property tax allocation from the funds disbursed from the Redevelopment Property Tax Trust Fund pursuant to paragraph (5) of subdivision (a) and paragraph (4) of subdivision (e) of Section 34183. Instead, that share of property tax shall be allocated to the first local agency in the county that elects to become the successor agency by submitting to the county auditor-controller a duly adopted resolution of its governing body to that effect.

(B)The determination of the first local agency that elects to become the successor agency shall be made by the county auditor-controller based on the earliest receipt by the county auditor-controller of a copy of a duly adopted resolution of the local agency’s governing board authorizing such an election. As used in this section, “local agency” means any city, county, city and county, or special district in the county of the former redevelopment agency.

(3)If no local agency elects to serve as a successor agency for a dissolved redevelopment agency, a public body, referred to herein as a “designated local authority” shall be immediately formed, pursuant to this part, in the county and shall be vested with all the powers and duties of a successor agency as described in this part. The Governor shall appoint three residents of the county to serve as the governing board of the authority. The designated local authority shall serve as successor agency until a local agency elects to become the successor agency in accordance with this section.

(e)The liability of any successor agency, acting pursuant to the powers granted under the act adding this part, shall be limited to the extent of the total sum of property tax revenues it receives pursuant to this part and the value of assets transferred to it as a successor agency for a dissolved redevelopment agency.

34174.

(a)Solely for the purposes of Section 16 of Article XVI of the California Constitution, commencing on the effective date of this part, all agency loans, advances, or indebtedness, and interest thereon, shall be deemed extinguished and paid; provided, however, that nothing herein is intended to absolve the successor agency of payment or other obligations due or imposed pursuant to the enforceable obligations; and provided further, that nothing in the act adding this part is intended to be construed as an action or circumstance that may give rise to an event of default under any of the documents governing the enforceable obligations.

(b)Nothing in this part, including, but not limited to, the dissolution of the redevelopment agencies the designation of successor agencies, and the transfer of redevelopment agency assets and properties, shall be construed as a voluntary or involuntary insolvency of any redevelopment agency for purposes of the indenture, trust indenture, or similar document governing its outstanding bonds.

34175.

(a)It is the intent of this part that all enforceable obligations that were entered into with a pledge of tax increment by the former redevelopment agencies shall continue to have the revenues in amounts equivalent to those that were pledged. Property taxes no longer available to dissolved redevelopment agencies, due to the operation of the act that added this part, are deemed property tax revenues within the meaning of subdivision (a) of Section 1 of Article XIII A of the California Constitution. Property tax revenues in amounts equivalent to those that were pledged to pay enforceable obligations are to be deposited into the Redevelopment Obligation Retirement Fund pursuant to the act adding this part. It is intended that the cessation of any redevelopment agency shall not affect either the pledge, the legal existence of that pledge, nor the stream of equivalent revenues available to make good on that pledge.

(b)All assets, properties, contracts, leases, books and records, buildings, and equipment of the former redevelopment agency are transferred on July 1, 2011, to the control of the successor agency, for administration pursuant to the provisions of this part. This includes all cash or cash equivalents and amounts owed to the redevelopment agency as of July 1, 2011.

34176.

(a)The city, county, or city and county that authorized the creation of a redevelopment agency may elect to retain the housing assets and functions previously performed by the redevelopment agency. If a city, county, or city and county elects to retain the responsibility for performing housing functions previously performed by a redevelopment agency, all rights, powers, duties, and obligations, along with any amounts on deposit in the Low and Moderate Income Housing Fund, shall be transferred to the city, county, or city and county.

(b)If a city, county, or city and county does not elect to retain the responsibility for performing housing functions previously performed by a redevelopment agency, all rights, powers, assets, liabilities, duties, and obligations associated with the housing activities of the agency, along with any amounts in the Low and Moderate Income Housing Fund, shall be transferred as follows:

(1)Where there is no local housing authority in the territorial jurisdiction of the former redevelopment agency, to the Department of Housing and Community Development.

(2)Where there is one local housing authority in the territorial jurisdiction of the former redevelopment agency, to that local housing authority.

(3)Where there is more than one local housing authority in the territorial jurisdiction of the former redevelopment agency, to the local housing authority selected by the city, county, or city and county that authorized the creation of the redevelopment agency.

(c)Commencing on the effective date of this part, the entity assuming the housing functions formerly performed by the redevelopment agency may enforce affordability covenants and perform related activities pursuant to applicable provisions of the Community Redevelopment Law (Part 1 (commencing with Section 33000), including, but not limited to, Section 33418.

3.Successor Agencies
34177.

Successor agencies are required to do all of the following:

(a)Continue to make payments due for enforceable obligations.

(1)On and after July 1, 2011, and until a Recognizes Obligation Payment Schedule becomes operative, only payments required pursuant to an enforceable obligations payment schedule shall be made. The initial enforceable obligation payment schedule shall be the last schedule adopted by the redevelopment agency under Section 34169. The enforceable obligation payment schedule may be amended by the successor agency at any public meeting and shall be subject to the approval of the oversight board as soon as the board has sufficient members to form a quorum.

(2)The Department of Finance and the Controller shall each have the authority to require any documents associated with the enforceable obligations to be provided to them in a manner of their choosing. Any taxing entity, the department, and the Controller shall each have standing to file a judicial action to prevent a violation under this part and to obtain injunctive or other appropriate relief.

(3)Commencing on January 1, 2012, only those payments listed in the Recognized Obligation Payment Schedule may be made by the successor agency from the funds specified in the Recognized Obligation Payment Schedule. In addition, commencing January 1, 2012, the Recognized Obligation Payment Schedule shall supersede the Statement of Indebtedness, which shall no longer be prepared nor have any effect under the Community Redevelopment Law.

(4)Nothing in the act adding this part is to be construed as preventing a successor agency, with the prior approval of the oversight board, as described in Section 34179, from making payments for enforceable obligations from sources other than those listed in the Recognized Obligation Payment Schedule.

(5)From July 1, 2011, to July 1, 2012, a successor agency shall have no authority and is hereby prohibited from accelerating payment or making any lump sum payments that are intended to prepay loans unless such accelerated repayments were required prior to the effective date of this part.

(b)Maintain reserves in the amount required by indentures, trust indentures, or similar documents governing the issuance of outstanding redevelopment agency bonds.

(c)Perform obligations required pursuant to any enforceable obligation.

(d)Remit unencumbered balances of redevelopment agency funds to the county auditor-controller for distribution to the taxing entities. In making the distribution, the county auditor-controller shall utilize the same methodology for allocation and distribution of property tax revenues provided in Section 34188.

(e)Dispose of assets and properties of the former redevelopment agency as directed by the oversight board; provided, however, that the oversight board may instead direct the successor agency to transfer ownership of certain assets pursuant to subdivision (a) of Section 34181. The disposal is to be done expeditiously and in a manner aimed at maximizing value. Proceeds from asset sales and related funds that are no longer needed for approved development projects or to otherwise wind down the affairs of the agency, each as determined by the oversight board, shall be transferred to the county auditor-controller for distribution as property tax proceeds under Section 34188.

(f)Negotiate compensation agreements with other taxing entities for any retained development projects.

(g)Enforce all former redevelopment agency rights for the benefit of the taxing entities, including, but not limited to, continuing to collect loans, rents, and other revenues that were due to the redevelopment agency.

(h)Effectuate transfer of housing functions and funds to the appropriate entity designated pursuant to Section 34176.

(i)Expeditiously wind down the affairs of the redevelopment agency pursuant to the provisions of this part and in accordance with the direction of oversight board.

(j)Continue to oversee development activities for approved development projects, including continuing to oversee development of properties until the contracted work has been completed or the contractual obligations of the former redevelopment agency can be transferred to other parties. Bond proceeds shall be used for the purposes for which bonds were sold unless the purposes can no longer be achieved, in which case, the proceeds may be used to defease the bonds.

(k)Prepare a proposed administrative budget and submit it to the oversight board for its approval. The proposed administrative budget shall include all of the following:

(1)Estimated amounts for successor agency administrative costs for the upcoming six-month fiscal period.

(2)Proposed sources of payment for the costs identified in paragraph (1).

(3)(A)Proposals for arrangements for administrative and operations services provided by a city, county, city and county, or other entity.

(B)Costs for staff employed by the city, county, or city and county to continue redevelopment activities associated with retained development projects shall be excluded from the administrative budget.

(l)Provide administrative cost estimates, from its approved administrative budget that are to be paid from property tax revenues deposited in the Redevelopment Property Tax Trust Fund, to the county auditor-controller for each six-month fiscal period.

(m)(1)Before each six-month fiscal period, prepare a Recognized Obligation Payment Schedule in accordance with the requirements of this paragraph. For each recognized obligation, the Recognized Obligation Payment Schedule shall identify one or more of the following sources of payment:

(A)Low and Moderate Income Housing Fund.

(B)Bond proceeds.

(C)Reserve balances.

(D)Administrative cost allowance.

(E)The Redevelopment Property Tax Trust Fund, but only to the extent no other funding source is available or when payment from property tax revenues is required by an enforceable obligation or by the provisions of this part.

(F)Other revenue sources, including rents, concessions, asset sale proceeds, interest earnings, and any other revenues derived from the former redevelopment agency, as approved by the oversight board in accordance with this part.

(2)A Recognized Obligation Payment Schedule shall not be deemed valid unless all of the following conditions have been met:

(A)A draft Recognized Obligation Payment Schedule is prepared by the successor agency for the enforceable obligations of the former redevelopment agency by November 1, 2011. From July 1, 2011, to July 1, 2012, the initial draft of that schedule shall project the dates and amounts of scheduled payments for each enforceable obligation for the remainder of the time period during which the redevelopment agency would have been authorized to obligate property tax increment had such a redevelopment agency not been dissolved, and shall be reviewed and certified, as to its accuracy, by an external auditor designated pursuant to Section 34182.

(B)The certified Recognized Obligation Payment Schedule is submitted to and duly approved by the oversight board.

(C)A copy of the approved Recognized Obligation Payment Schedule is submitted to the county auditor-controller and both the Controller’s office and the Department of Finance and be posted on the successor agency Internet Web site.

(3)The Recognized Obligation Payment Schedule shall be forward looking to the next six months. The first Recognized Obligation Payment Schedule shall be submitted to the Controller’s office and the Department of Finance by December 15, 2011, for the period of January 1, 2012, to June 30, 2012, inclusive. Former redevelopment agency enforceable obligation payments due, and reasonable or necessary administrative costs due or incurred, prior to January 1, 2012, shall be made from property tax revenues received in the spring of 2011 property tax distribution, and from other revenues and balances transferred to the successor agency.

34178.

(a)Commencing on the effective date of this part, agreements, contracts, or arrangements between the city or county, or city and county that created the redevelopment agency and the redevelopment agency are invalid and shall not be binding on the successor agency; provided, however, that a successor entity wishing to enter or reenter into agreements with the city, county, or city and county that formed the redevelopment agency that it is succeeding may do so upon obtaining the approval of its oversight board.

(b)Solely and only to the extent needed to fulfill an enforceable obligation of the former redevelopment agency to provide financing in connection with an approved development project, and subject to the prior written approval of the oversight board, any successor agency may pledge sufficient funds from the Recognized Obligation Retirement Fund for the repayment of financing provided by a state-conduit issuer that is authorized, under applicable law, to provide such outside financing. Any determination made pursuant to this subdivision shall be subject to approval pursuant to Section 34178.1.

34178.1.

(a)The Controller, the Treasurer, and the Director of Finance shall each review the actions of the oversight board, where required by paragraph (2) of subdivision (c) of Section 34171 or subdivision (b) of Section 34178, and reach a determination within 90 days of submission of a request for approval by the oversight board, along with adequate supporting documentation. If at least two of the three officials determine and notify the Director of Finance that the oversight board action met the requirements of paragraph (2) of subdivision (c) of Section 34171 or subdivision (b) of Section 34178, respectively, the Director of Finance, within 10 business days of that determination, shall notify the oversight board and the successor agency in writing that its actions have been approved.

(b)No approval shall be made under this section unless the Director of Finance finds with respect to the requesting successor agency that the amount described in paragraph (1) is greater than or equal to the amount described in paragraph (2):

(1)The amount calculated by the county auditor-controller pursuant to paragraph (1) of subdivision (c) of Section 34182 with respect to the former redevelopment agency succeeded by the requesting successor agency for the 2011–12 fiscal year less amounts paid from property tax revenues during the 2011–12 fiscal year for enforceable obligations, passthrough amounts, and administrative costs attributable to the requesting successor agency.

(2)The proportionate share, as determined by the Director of Finance, of the countywide amount to be deposited in the Public Health and Safety Fund pursuant to subparagraph (A) of paragraph (2) of subdivision (a) of Section 34183 that is attributable to the requesting successor agency.

34178.5.

(a)A city, county, or city and county that formerly had a redevelopment agency and an active project area as of the effective date of this part may elect to borrow a maximum of 2 percent of the total tax increment revenue that its former redevelopment entity received during the 2009–10 fiscal year pursuant to the provisions of this section. The 2-percent maximum shall apply to all borrowing of funds made pursuant to this section.

(b)A city, county, or city and county shall borrow funds pursuant to this section only for any of the following purposes:

(1)To avert the imminent danger of bankruptcy that is either caused or substantially contributed to by the elimination of the redevelopment agency.

(2)To mitigate the immediate impact of a significant and substantial reduction of essential core public services occurring because of the elimination of the redevelopment agency. For purposes of this section, the term “core public services” includes, but is not limited to, police, fire, and public health services provided as of the effective date of this part.

(3)To meet an urgent need to fund a current project where the local government faces damages, costs, or other financial harm or injury by the delay of the activity that is necessary for the project to progress. Borrowing by a local entity shall be without prejudice as to whether the funds are being spent pursuant to an enforceable obligation.

(c)A city, county, or city and county that meets the requirement of subdivision (b) may borrow from low and moderate income housing funds that were formerly administered by the redevelopment agency that is or was within the boundaries of that local entity. If the local entity is a county, it shall borrow funds from the low and moderate income housing funds of the county-created redevelopment agency that was within its jurisdictional territory.

(d)In order to borrow any funds pursuant to this section, a city, county, or city and county shall apply to the county auditor-controller, citing one of the purposes specified in paragraphs (1) to (3), inclusive, of subdivision (b) under which it claims to qualify and provide substantiation for that assertion. The city, county, or city and county shall submit information regarding the loan amount and the repayment schedule, consistent with this part, and agree that the loan be repaid from its future property tax revenues in the event that it does not repay the loan from another source on or before the scheduled repayment dates. The auditor-controller shall approve any borrowing that meets the requirements of this section and shall not unreasonably withhold approval.

(e)Any borrowing of funds approved by the auditor-controller shall be reported to the Department of Finance on or before October 31, 2011.

(f)If the auditor-controller approves the request for borrowing but there are insufficient low and moderate income housing funds available to meet the amount, the city, county, or city and county may receive an advance on its future allocation of property tax that is allocated from funds described in paragraph (5) of subdivision (a) of Section 34183. If those funds are insufficient, the remainder may be advanced from the county-wide allocation made pursuant to paragraph (5) of subdivision (a) of Section 34183.

(g)All loan applications shall be submitted to the auditor-controller on or before July 30, 2011, and the auditor-controller shall act on applications by August 31, 2011.

4.Oversight Boards
34179.

(a)Each successor agency shall have an oversight board composed of seven members. The members shall elect one of their members as the chairperson and shall report the name of the chairperson and other members to the Department of Finance on or before August 1, 2011. Members shall be selected as follows:

(1)One member appointed by the county board of supervisors.

(2)One member appointed by the mayor for the city that formed the redevelopment agency.

(3)One member appointed by the largest special district, by property tax share, with territory in the territorial jurisdiction of the former redevelopment agency, which is of the type of special district that is eligible to receive property tax revenues pursuant to Section 34188.

(4)One member appointed by the county superintendent of education to represent schools if the superintendent is elected. If the county superintendent of education is appointed, then the appointment made pursuant to this paragraph shall be made by the county board of education.

(5)One member appointed by the Chancellor of the California Community Colleges to represent community college districts in the county.

(6)One member of the public appointed by the county board of supervisors.

(7)One member representing the employees of the former redevelopment agency appointed by the mayor or chair of the board of supervisors, as the case may be, from the recognized employee organization representing the largest number of former redevelopment agency employees employed by the successor agency at that time.

(8)If the county or a joint powers agency formed the redevelopment agency, then the largest city by acreage in the territorial jurisdiction of the former redevelopment agency may select one member. If there are no cities with territory in a project area of the redevelopment agency, the county superintendent of education may appoint an additional member to represent the public.

(9)If there are no special districts of the type that are eligible to receive property tax pursuant to Section 34188, within the territorial jurisdiction of the former redevelopment agency, then the county may appoint one member to represent the public.

(10)Where a redevelopment agency was formed by an entity that is both a charter city and a county, the oversight board shall be composed of seven members selected as follows: three members appointed by the mayor of the city, where such appointment is subject to confirmation by the county board of supervisors, one member appointed by the largest special district, by property tax share, with territory in the territorial jurisdiction of the former redevelopment agency, which is the type of special district that is eligible to receive property tax revenues pursuant to Section 34188, one member appointed by the county superintendent of education to represent schools, one member appointed by the Chancellor of the California Community Colleges to represent community college districts, and one member representing employees of the former redevelopment agency appointed by the mayor of the city where such an appointment is subject to confirmation by the county board or supervisors, to represent the largest number of former redevelopment agency employees employed by the successor agency at that time.

(b)The Governor may appoint individuals to fill any oversight board member position described in subdivision (a) that has not been filled by August 15, 2011, or any member position that remains vacant for more than 60 days.

(c)The oversight board may direct the staff of the successor agency to perform work in furtherance of the oversight board’s duties and responsibilities under this part. The successor agency shall pay for all of the costs of meetings of the oversight board and may include such costs in its administrative budget. Oversight board members shall serve without compensation or reimbursement for expenses.

(d)Oversight board members shall have personal immunity from suit for their actions taken within the scope of their responsibilities as oversight board members.

(e)A majority of the total membership of the oversight board shall constitute a quorum for the transaction of business. A majority vote of the total membership of the oversight board is required for the oversight board to take action. The oversight board shall be deemed to be a local entity for purposes of the Ralph M. Brown Act, the California Public Records Act, and the Political Reform Act of 1974.

(f)All notices required by law for proposed oversight board actions shall also be posted on the successor agency’s Internet Web site or the oversight board’s Web site.

(g)Each member of an oversight board shall serve at the pleasure of the entity that appointed such member.

(h)The Department of Finance may review an oversight board action taken pursuant to the act adding this part. As such, all oversight board actions shall not be effective for 72 hours, pending a request for review by the department. Each oversight board shall designate an official to whom the department may make such requests and who shall provide the department with the telephone number and e-mail contact information for the purpose of communicating with the department pursuant to this subdivision. In the event that the department requests a review of a given oversight board action, it shall have 10 days from the date of its request to approve the oversight board action or return it to the oversight board for reconsideration and such oversight board action shall not be effective until approved by the department. In the event that the department returns the oversight board action to the oversight board for reconsideration, the oversight board must resubmit the modified action for department approval and the modified oversight board action shall not become effective until approved by the department.

(i)Oversight boards shall have fiduciary responsibilities to holders of enforceable obligations, the beneficiaries of the Public Health and Safety Fund, and the taxing entities that benefit from distributions of property tax and other revenues pursuant to Section 34188. Further, the provisions of Division 4 (commencing with Section 1000) of the Government Code shall apply to oversight boards. Notwithstanding Section 1099 of the Government Code, or any other law, any individual may simultaneously be appointed to up to five oversight boards and may hold an office in a city, county, city and county, special district, school district, or community college district.

(j)Commencing on and after July 1, 2016, in each county where more than one oversight board was created by operation of the act adding this part, there shall be only one oversight board appointed as follows:

(1)One member may be appointed by the county board of supervisors.

(2)One member may be appointed by the city selection committee established pursuant to Section 50270 of the Government Code. In a city and county, the mayor may appoint one member.

(3)One member may be appointed by the independent special district selection committee established pursuant to Section 56332 of the Government Code, for the types of special districts that are eligible to receive property tax revenues pursuant to Section 34188.

(4)One member may be appointed by the county superintendent of education to represent schools if the superintendent is elected. If the county superintendent of education is appointed, then the appointment made pursuant to this paragraph shall be made by the county board of education.

(5)One member may be appointed by the Chancellor of the California Community Colleges to represent community college districts in the county.

(6)One member of the public may be appointed by the county board of supervisors.

(7)One member may be appointed by the recognized employee organization representing the largest number of successor agency employees in the county.

(k)The Governor may appoint individuals to fill any oversight board member position describe in subdivision (j) that has not been filled by July 15, 2016, or any member position that remains vacant for more than 60 days.

(l)Commencing on and after July 1, 2016, in each county where only one oversight board was created by operation of the act adding this part, then there will be no change to the composition of that oversight board as a result of the operation of subdivision (b).

(m)Any oversight board for a given successor agency shall cease to exist when all of the indebtedness of the dissolved redevelopment agency has been repaid.

34180.

All of the following successor agency actions shall first be approved by the oversight board:

(a)The establishment of new repayment terms for outstanding loans where the terms have not been specified prior to the date of this part.

(b)Refunding of outstanding bonds or other debt of the former redevelopment agency by successor agencies in order to provide for savings or to finance debt service spikes; provided, however, that no additional debt is created and debt service is not accelerated.

(c)Setting aside of amounts in reserves as required by indentures, trust indentures, or similar documents governing the issuance of outstanding redevelopment agency bonds.

(d)Merging of project areas.

(e)Continuing the acceptance of federal or state grants, or other forms of financial assistance from either public or private sources, where assistance is conditioned upon the provision of matching funds, by the successor entity as successor to the former redevelopment agency, in an amount greater than 5 percent.

(f)(1)For a city, county, or city and county acting under its own auspices, approval to have certain projects be deemed retained development projects under this part.

(2)If a city, county, or city and county wishes to retain any properties or other assets for future redevelopment activities, funded from its own funds and under its own auspices, it must reach a compensation agreement with the other taxing entities to provide payments to them in proportion to their shares of the base property tax, as determined pursuant to Section 34188, for the value of the property retained.

(3)If no other agreement is reached on valuation of the retained assets, the value will be the fair market value as of the 2011 property tax lien date as determined by the county assessor.

(g)Establishment of the Recognized Obligation Payment Schedule.

(h)A request by the successor agency to hold portions of the moneys in the Low and Moderate Income Housing Fund in reserve in order to provide cash to fund recognized obligations.

(i)A request by the successor agency to enter into an agreement with the city, county, or city and county that formed the redevelopment agency that it is succeeding.

(j)A request by a successor agency or taxing entity to pledge, or to enter into an agreement for the pledge of, property tax revenues pursuant to subdivision (b) of Section 34178.

34181.

The oversight board shall direct the successor agency to do all of the following:

(a)Dispose of all assets and properties of the former redevelopment agency except for assets and properties deemed part of approved development projects, which were funded by tax increment revenues of the dissolved redevelopment agency; provided, however, that the oversight board may instead direct the successor agency to transfer ownership of those assets that were constructed and used for a governmental purpose, such as roads, school buildings, parks, and fire stations, to the appropriate public jurisdiction pursuant to any existing agreements relating to the construction or use of such an asset. Any compensation to be provided to the successor agency for the transfer of the asset shall be governed by the agreements relating to the construction or use of that asset. Disposal shall be done expeditiously and in a manner aimed at maximizing value.

(b)Cease performance in connection with and terminate all existing agreements that do not qualify as enforceable obligations.

(c)Transfer housing responsibilities and all rights, powers, duties, and obligations along with any amounts on deposit in the Low and Moderate Income Housing Fund to the appropriate entity pursuant to Section 34176.

(d)Negotiate compensation agreements with other taxing entities for retained development projects.

(e)Terminate any agreement, between the dissolved redevelopment agency and any public entity located in the same county, obligating the redevelopment agency to provide funding for any debt service obligations of the public entity or for the construction, or operation of facilities owned or operated by such public entity, in any instance where the oversight board has found that early termination would be in the best interests of the taxing entities.

(f)Determine whether any contracts, agreements, or other arrangements between the dissolved redevelopment agency and any private parties should be terminated or renegotiated to reduce liabilities and increase net revenues to the taxing entities, and present proposed termination or amendment agreements to the oversight board for its approval. The board may approve any amendments to or early termination of such agreements where it finds that amendments or early termination would be in the best interests of the taxing entities.

(g)Submit all repayment schedules for repayment of amounts borrowed from or deferred payments owing to the Low and Moderate Income Housing Fund of a redevelopment agency; provided, however, that the oversight board shall have no authority to approve a repayment schedule that would result in a reduction of the amounts transferred to the Public Health and Safety Fund.

5.Duties of the Auditor-Controller
34182.

(a)(1)The county auditor-controller shall conduct or cause to be conducted an agreed-upon procedures audit of each redevelopment agency in the county, to be completed by November 1, 2011.

(2)The purpose of the audits shall be to establish each redevelopment agency’s assets and liabilities, to document and determine each redevelopment agency’s passthrough payment obligations to other taxing agencies, and to document and determine both the amount and the terms of any indebtedness incurred by the redevelopment agency and certify the initial Recognized Obligation Payment Schedule.

(3)The county auditor-controller may charge the Redevelopment Property Tax Trust Fund for any costs incurred by the county auditor-controller pursuant to this part.

(b)By November 15, 2011, the county auditor-controller shall provide the Controller’s office a copy of all audits performed pursuant to this section. The county auditor-controller shall maintain a copy of all documentation and working papers for use by the Controller.

(c)(1)The county auditor-controller shall determine the amount of property taxes that would have been allocated to each redevelopment agency in the county had the redevelopment agency not been dissolved pursuant to the operation of the act adding this part. These amounts are deemed property tax revenues within the meaning of subdivision (a) of Section 1 of Article XIII A of the California Constitution and are available for allocation and distribution in accordance with the provisions of the act adding this part. The county auditor-controller shall calculate the property tax revenues using current assessed values on the last equalized roll on August 20, pursuant to Section 2052 of the Revenue and Taxation Code, and pursuant to statutory formulas or contractual agreements with other taxing agencies, as of the effective date of this section, and shall deposit that amount in the Redevelopment Property Tax Trust Fund.

(2)Each county auditor-controller shall administer the Redevelopment Property Tax Trust Fund for the benefit of the holders of former redevelopment agency enforceable obligations, the beneficiaries of the Public Health and Safety Fund, and the taxing entities that receive passthrough payments and distributions of property taxes pursuant to this part.

(3)In connection with the allocation and distribution by the county auditor-controller of property tax revenues deposited in the Redevelopment Property Tax Trust Fund, in compliance with this part, the county auditor-controller shall prepare estimates of amounts to be allocated and distributed, and provide those estimates to both the entities receiving the distributions and the Department of Finance, no later than November 1 and May 1 of each year.

(4)Each county auditor-controller shall disburse proceeds of asset sales or reserve balances, which have been received from the successor entities pursuant to Sections 34177 and 34187, to the taxing entities. In making such a distribution, the county auditor-controller shall utilize the same methodology for allocation and distribution of property tax revenues provided in Section 34188.

(d)By August 1, 2012, the county auditor-controller shall report the following information to the Controller’s office and the Director of Finance:

(1)The sums of property tax revenues remitted to the Redevelopment Property Tax Trust Fund related to each former redevelopment agency.

(2)The sums of property tax revenues remitted to each agency under paragraph (1) of subdivision (a) of Section 34183.

(3)The sums of property tax revenues remitted in each county to the Public Health and Safety Fund.

(4)The sums of property tax revenues remitted to each successor agency pursuant to paragraph (3) of subdivision (a) of Section 34183.

(5)The sums of property tax revenues paid to each successor agency pursuant to paragraph (4) of subdivision (a) of Section 34183.

(6)The sums paid to each city, county, and special district, and the total amount allocated for schools pursuant to paragraph (5) of subdivision (a) of Section 34183.

(7)Any amounts deducted from other distributions pursuant to subdivision (b) or (e) of Section 34183.

(e)A county auditor-controller may charge the Redevelopment Property Tax Trust Fund for the costs of administering the provisions of this part.

(f)The Controller may audit and review any county auditor-controller action taken pursuant to the act adding this part. As such, all county auditor-controller actions shall not be effective for three business days, pending a request for review by the Controller. In the event that the Controller requests a review of a given county auditor-controller action, he or she shall have 10 days from the date of his or her request to approve the county auditor-controller’s action or return it to the county auditor-controller for reconsideration and such county auditor-controller action shall not be effective until approved by the Controller. In the event that the Controller returns the county auditor-controller’s action to the county auditor-controller for reconsideration, the county auditor-controller must resubmit the modified action for Controller approval and such modified county auditor-controller action shall not become effective until approved by the Controller.

34183.

(a)From July 1, 2011, to July 1, 2012, the county auditor-controller shall, after deducting administrative costs allowed under Section 34182 and Section 95.3 of the Revenue and Taxation Code, allocate moneys in each Redevelopment Property Tax Trust Fund as follows:

(1)Subject to any prior deductions required by subdivision (b), first, the county auditor-controller shall remit from the Redevelopment Property Tax Trust Fund to each local agency and school entity an amount of property tax revenues in an amount equal to that which would have been received under Section 33670, 33401, 33492.140, 33607, 33607.5, 33607.7, or 33676, or pursuant to any passthrough agreement between a redevelopment agency and a taxing jurisdiction that was entered into prior to January 1, 1994, that would be in force from July 1, 2011, to July 1, 2012, inclusive, had the redevelopment agency existed at that time. These allocations shall occur no later than January 16, 2012, and no later than June 1, 2012.

(2)(A)Subject to any prior deductions required by subdivision (b), second, to the Public Health and Safety Fund. As a condition of receipt of funds pursuant to this paragraph, and pursuant to paragraph (5) of this subdivision and paragraph (4) of subdivision (e), the county auditor-controller shall transfer grants of funds from the Redevelopment Property Tax Trust Fund to the Public Health and Safety Fund in an amount not to exceed one billion seven hundred million dollars ($1,700,000,000) on a statewide basis specified by the Director of Finance. The director shall use the 2008–09 Report of Financial Transactions of Redevelopment Agencies to estimate an amount that may be available for the Public Health and Safety Fund after needs for enforceable obligations and passthrough amounts are taken into account. These transfers shall occur on January 16, 2012, and June 1, 2012, or any later date specified by Director of Finance.

(B)The county board of supervisors may elect that the county will not provide a grant to the state pursuant to subparagraph (A) and that its auditor-controller will not administer the Public Health and Safety Fund. In the event that the county elects not to provide such a grant to the state, there shall not be a transfer of funds pursuant to subparagraph (A) of this paragraph, and it shall not receive funds pursuant to paragraph (5) of this subdivision and paragraph (4) of subdivision (e). In the event that the county elects to provide grants, but not to have its auditor-controller administer the Public Health and Safety Fund, it shall notify the Director of Finance no later than September 1, 2011, whereupon the Director of Finance shall designate another entity to perform the administration functions. In this circumstance, all references relating to the administration of the Public Health and Safety Fund by the county auditor-controller for that county shall be construed as references to the entity designated by the Director of Finance.

(C)If a county elects not to provide a grant to the Public Health and Safety Fund pursuant to subparagraph (A) nor accept responsibility for its administration, any other local agency that receives property tax in the county may, by submitting a copy of a duly adopted resolution of its governing board, elect to perform such grants and perform those duties and that agency shall receive the county share of any property tax allocable under paragraph (5) of this subdivision and paragraph (4) of subdivision (e). In the event of multiple submissions, the Director of Finance may designate an entity from among those entities electing to be responsible for the administration of the Public Health and Safety Fund in that county.

(D)The grants made to the Public Health and Safety Fund pursuant to subparagraph (A) may be adjusted by the Director of Finance as additional information regarding the availability and demands upon money in each Redevelopment Property Tax Trust Fund becomes available. Funds in the Public Health and Safety Fund shall be used in amounts and for those purposes as directed by the Director of Finance, exclusively to reimburse the state for the costs of providing health care and trial court services in the county, until those moneys are exhausted. These transfers shall occur no later than 15 days after the Department of Finance provides the information necessary for the payment.

(E)Entities of state government, including the Administrative Office of the Courts, that are responsible for the functions funded with moneys granted pursuant to subparagraph (A) shall keep records, as required by the Department of Finance, of expenditures made in the county and shall provide to the Department of Finance any information required by the Department of Finance with respect to those expenditures.

(F)In accordance with paragraph (3) of subdivision (m) of Section 34177, for enforceable obligation payments due prior to January 1, 2012, payments shall be made from property tax revenues received in the spring of 2011 property tax distribution and from balances transferred to the successor agency.

(3)Third, on January 16, 2012, and June 1, 2012, to each successor agency for payments listed in its Recognized Obligation Payment Schedule for the six-month fiscal period beginning January 1, 2012, or July 1, 2012, in the following order of priority:

(A)Debt service payments scheduled to be made for tax allocation bonds.

(B)Payments scheduled to be made on revenue bonds, but only to the extent the revenues pledged for them are insufficient to make the payments and only where the agency’s tax increment revenues were also pledged for the repayment of the bonds.

(C)Payments scheduled for other debts and obligations listed in the Recognized Obligation Payment Schedule that are required to be paid from former tax increment revenue.

(4)Fourth, on January 16, 2012, and June 1, 2012, to each successor agency for the administrative cost allowance, as defined in Section 34171, for administrative costs set forth in an approved administrative budget for those payments required to be paid from former tax increment revenues.

(5)Fifth, on January 16, 2012, and June 1, 2012, any moneys remaining in the Redevelopment Property Tax Trust Fund after the payments and transfers authorized by paragraphs (1) to (4), inclusive, shall be distributed to local agencies and school entities in accordance with Section 34188. If a successor agency is other than the agency that formed a redevelopment agency, the share that would have been allocated to that agency shall instead be allocated to the agency that is the successor agency. If a local agency other than the county auditor-controller has accepted responsibility for administering the Public Health and Safety Fund in a county, the county share shall be allocated to that local agency.

(b)If the successor agency reports, no later than December 1, 2011, and May 1, 2012, to the county auditor-controller that the total amount available to the successor agency from the Redevelopment Property Tax Trust Fund allocation to that successor agency’s Redevelopment Obligation Retirement Fund, from other funds transferred from the each redevelopment agency, and from funds that have or will become available through asset sales and all redevelopment operations, are insufficient to fund the payments required by paragraphs (1) to (4), inclusive, of subdivision (a) in the next six-month fiscal period, the county auditor-controller shall notify the Controller and the Department of Finance no later than December 10, 2011, and May 10, 2012. The county auditor-controller shall verify whether the successor agency will have sufficient funds from which to service debts according to the Recognized Obligation Payment Schedule and shall report the findings to the Controller. If the Controller concurs that there are insufficient funds to pay required debt service, the amount of the deficiency shall be deducted first from the amount remaining to be distributed to taxing entities pursuant to paragraph (5), and if that amount is exhausted, from amounts available for distribution for administrative costs in paragraph (4) and third from amounts available for allocation to the Public Health and Safety Fund. If an agency, pursuant to the provisions of Section 33492.15, 33492.72, 33607.5, 33671.5, 33681.15 or 33688, made passthrough payment obligations subordinate to debt service payments required for enforceable obligations, funds for servicing bond debt may be deducted from the amounts for passthrough payments under paragraph (1), as provided in those sections, but only to the extent that the amounts remaining to be distributed to taxing entities pursuant to paragraph (5), the amounts available for distribution for administrative costs in paragraph (4), and the amounts available for allocation to the Public Health and Safety Fund have all been exhausted.

(c)The county treasurer may loan any funds from the county treasury that are necessary to ensure prompt payments of redevelopment agency debts.

(d)The Controller may recover the costs of audit and oversight required under this part from the Redevelopment Property Tax Trust Fund by presenting an invoice therefor to the county auditor-controller who shall set aside sufficient funds for and disburse the claimed amounts prior to making the next distributions to the taxing jurisdictions pursuant to Section 34188. Subject to the approval of the Director of Finance, the budget of the Controller may be augmented to reflect the reimbursement, pursuant to Section 28.00 of the Budget Act.

(e)For fiscal years 2012−13 and following, the county auditor-controller shall, after deducting administrative costs allowed under Section 34182 and Section 95.3 of the Revenue and Taxation Code, allocate moneys in each Redevelopment Property Tax Trust Fund as follows:

(1)Subject to any prior deductions required by subdivision (f), first, the county auditor-controller shall remit from the Redevelopment Property Tax Trust Fund to each local agency and school entity an amount of property tax equal to what would have been received by that district, using current assessed values, under Sections 33670, 33401, 33492.140, 33607, 33607.5, 33607.7, and 33676, as those sections read on January 1, 2011, or pursuant to any passthrough agreement between a redevelopment agency and a taxing jurisdiction that was entered into prior to January 1, 1994, that would be in force in that fiscal year, had the redevelopment agency legally existed at that time. These allocations shall occur no later than January 16 and no later June 1, respectively.

(2)Second, on June 1 and January 16, to each successor agency for payments listed in its Recognized Obligation Payment Schedule for the six-month fiscal period beginning on the next July 1 or January 1, in the following order of priority:

(A)Debt service payments scheduled to be made for tax allocation bonds.

(B)Payments scheduled to be made on revenue bonds, but only to the extent the revenues pledged for them are insufficient to make the payments and the agency’s tax increment revenues were also pledged.

(C)Payments scheduled for other debts and obligations listed in the Recognized Obligation Payment Schedule.

(3)Third, on June 1 and January 16, to each successor agency for administrative costs, provided that no more than 3 percent of the amount provided pursuant to paragraph (2) may be allocated.

(4)Fourth, on June 1 and January 16, any moneys remaining in the Redevelopment Tax Trust Fund after the payments and transfers authorized by the preceding paragraphs shall be distributed to local agencies and schools pursuant to Section 34188. If a successor agency is other than the agency that formed a redevelopment agency, the share that would have been allocated to that agency shall instead be allocated to the agency that is the successor agency. If a local agency other than the county auditor-controller has accepted responsibility for administering the Public Health and Safety Fund in a county, the county share shall be allocated to that local agency.

(f)After July 1, 2012, if the successor agency reports to the county auditor-controller, no later than December 1 or May 1 that the total amount available to the successor agency from the Redevelopment Property Tax Trust Fund allocation to that successor agency’s Redevelopment Obligation Retirement Fund, from other funds transferred from each redevelopment agency, and from funds that have or will become available through asset sales and all redevelopment operations is insufficient to fund the payments required by this section in the next six-month fiscal period, the county auditor-controller shall notify the Controller and the Department of Finance no later than 10 days from the date of that notification. The county auditor shall verify whether the successor agency will have sufficient funds from which to service debts according to the schedule and shall report the findings to the Controller. If the Controller concurs that there are insufficient funds to pay required debt service, the amount of the deficiency shall be deducted first from the amount remaining to be distributed to taxing entities pursuant to paragraph (4) of subdivision (e), and if that amount is exhausted, from amounts available for distribution for administrative costs in paragraph (3) of subdivision (e). If an agency, pursuant to the provisions of Section 33492.15, 33492.72, 33607.5, 33671.5, 33681.15, or 33688, made passthrough payment obligations subordinate to debt service payments required for enforceable obligations, funds for servicing bond debt may be deducted from the amounts for passthrough payments under paragraph (1), as provided under those sections, if the amounts remaining to be distributed to taxing entities pursuant to paragraph (4) of subdivision (e) and the amounts available for distribution for administrative costs in paragraph (3) of subdivision (e) have all been exhausted.

34185.Commencing on January 16, 2012, and on each January 16 and June 1 thereafter, the county auditor-controller shall transfer, from the Redevelopment Property Tax Trust Fund of each successor agency into the Redevelopment Obligation Retirement Fund of that agency, an amount of property tax revenues equal to that specified in the Recognized Obligation Payment Schedule for that successor agency as payable from the Redevelopment Property Tax Trust Fund subject to the limitations of Sections 34173 and 34183.
34186.

Differences between actual payments and past estimated obligations on recognized obligation payment schedules must be reported in subsequent recognized obligation payment schedules and shall adjust the amount to be transferred to the Redevelopment Obligation Retirement Fund pursuant to this part. These estimates and accounts shall be subject to audit by county auditor-controllers and the Controller.

34187.

Commencing January 1, 2012, whenever a recognized obligation that had been identified in the Recognized Payment Obligation Schedule is paid off or retired, either through early payment or payment at maturity, the county auditor-controller shall distribute to the taxing entities, in accordance with the provisions of the Revenue and Taxation Code, all property tax revenues that were associated with the payment of the recognized obligation.

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, except 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 (1) to (4), inclusive, of subdivision (a) of Section 34183 or paragraphs (2) and (3) of subdivision (e) of Section 34183, as applicable.

(2)For each taxing entity, the amounts of any passthrough payments under paragraph (1) of subdivision (e) of Section 34183 that it has received, shall be deducted from the amount determined in paragraph (1). For the 2012–13 fiscal year and following, total school passthrough payments in each county shall be deducted from the schools’ share pursuant to subdivisions (e) and (f).

(b)The county shall additionally receive any sums that would otherwise have been provided to enterprise special districts, but for the operation of this part; provided, however, that those districts described in paragraph (2) of subdivision (c) of Section 97.3 of the Revenue and Taxation Code shall not be considered to be enterprise districts for purposes of this part.

(c)Special districts that have both enterprise and nonenterprise functions shall receive a prorated share proportionate to the special district’s overall share of the countywide property tax that is received for its nonenterprise functions.

(d)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.

(e)The total school share, including passthroughs, shall be the share of the property taxes that would have been received by school entities 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.

(f)Distribution of the share to school entities will be made pursuant to Section 100.96 of the Revenue and Taxation Code.

6.Effect of the Act Adding this Part on the Community Redevelopment Law
34189.

(a)Commencing on the effective date of this part, all provisions of the Community Redevelopment Law that depend on the allocation of tax increment to redevelopment agencies, including, but not limited to, subdivision (b) of Section 33670, shall be inoperative.

(b)The California Law Revision Commission shall draft a Community Redevelopment Law cleanup bill for consideration by the Legislature no later than January 1, 2013.

(c)To the extent that a provision of 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) conflicts with this part, the provisions of this part shall control. Further, if a provision of Part 1 (commencing with Section 33000), Part 1.5 (commencing with Section 34000), Part 1.6 (commencing with Section 34050), or Part 1.7 (commencing with Section 34100) provides an authority that the act adding this part is restricting or eliminating, the restriction and elimination provisions of the act adding this part shall control.

(d)It is intended that the provisions of this part shall be read in a manner as to avoid duplication of payments.

(e)Nothing in this part prohibits, regulates, restricts or otherwise affects the authority of a city, county, or city and county to establish an infrastructure financing district and exercise powers pursuant to Chapter 2.8 (commencing with Section 53395) of Part 1 of Division 1 of the Government Code.

7.Stabilization of Labor and Employment Relations
34190.

(a) It is the intent of the Legislature to stabilize the labor and employment relations of redevelopment agencies and successor agencies in furtherance of and connection with their responsibilities under the act adding this part.

(b)Nothing in the act adding this part is intended to relieve any redevelopment agency of its obligations under Chapter 10 (commencing with Section 3500) of Division 4 of Title 1 of the Government Code. Subject to the limitations set forth in Section 34165, prior to its dissolution, a redevelopment agency shall retain the authority to meet and confer over matters within the scope of representation.

(c)A successor agency, as defined in Sections 34171 and 34173, shall constitute a public agency within the meaning of subdivision (c) of Section 3501 of the Government Code.

(d)Subject to the limitations set forth in Section 34165, redevelopment agencies, prior to and during their winding down and dissolution, shall retain the authority to bargain over matters within the scope of representation.

(e)In recognition that a collective bargaining agreement represents an enforceable obligation, a successor agency shall become the employer of all employees of the redevelopment agency as of the date of the redevelopment agency’s dissolution. If, pursuant to this provision, the successor agency becomes the employer of one or more employees who, as employees of the redevelopment agency, were represented by a recognized employee organization, the successor agency shall be deemed a successor employer and shall be obligated to recognize and to meet and confer with such employee organization. In addition, the successor agency shall retain the authority to bargain over matters within the scope of representation and shall be deemed to have assumed the obligations under any memorandum of understanding in effect between the redevelopment agency and recognized employee organization as of the date of the redevelopment agency’s dissolution.

(f)The Legislature finds and declares that the duties and responsibilities of local agency employer representatives under this chapter are substantially similar to the duties and responsibilities required under existing collective bargaining enforcement procedures and therefore the costs incurred by the local agency employer representatives in performing those duties and responsibilities under the act adding this part are not reimbursable as state-mandated costs. Furthermore, the Legislature also finds and declares that to the extent the act adding this part provides the funding with which to accomplish the obligations provided herein, the costs incurred by the local agency employer representatives in performing those duties and responsibilities under the act adding this part are not reimbursable as state-mandated costs.

(g)The transferred memorandum of understanding and the right of any employee organization representing such employees to provide representation shall continue as long as the memorandum of understanding would have been in force, pursuant to its own terms. One or more separate bargaining units shall be created in the successor agency consistent with the bargaining units that had been established in the redevelopment agency. After the expiration of the transferred memorandum of understanding, the successor agency shall continue to be subject to the provisions of the Meyers-Milias-Brown Act.

(h)Individuals formerly employed by redevelopment agencies that are subsequently employed by successor agencies shall, for a minimum of two years, transfer their status and classification in the civil service system of the redevelopment agency to the successor agency and shall not be required to requalify to perform the duties that they previously performed or duties substantially similar in nature and in required qualification to those that they previously performed. Any such individuals shall have the right to compete for employment under the civil service system of the successor agency.

SEC. 10.Section 97.401 is added to the Revenue and Taxation Code, to read:
97.401.

Commencing July 1, 2011, the county auditor shall make the calculations required by Section 97.4 base on the amount deposited on behalf of each former redevelopment agency into the Redevelopment Property Tax Trust Fund pursuant to paragraph (1) of subdivision (c) of Section 34182 of the Health and Safety Code. The calculations required by Section 97.4 shall result in cities, counties, and special districts annually remitting to the Educational Revenue Augmentation Fund the same amounts they would have remitted but for the operation of Part 1.8 (commencing with Section 34161) and Part 1.85 (commencing with Section 34170) of Division 24 of the Health and Safety Code.

SEC. 11.Section 98.2 is added to the Revenue and Taxation Code, to read:
98.2.

For the 2011–12 fiscal year, and each fiscal year thereafter, the computations provided for in Sections 98 and 98.1 shall be performed in a manner which recognizes that passthrough payments formerly required under the Community Redevelopment Law (Part 1 (commencing with Section 33000) of Division 24 of the Health and Safety Code) are continuing to be made under the authority of Part 1.85 (commencing with Section 34170) of Division 24 of the Health and Safety Code and those payments shall be recognized in the TEA calculations as though they were made under the Community Redevelopment Law. Additionally, the computations provided for in Sections 98 and 98.1 shall be performed in a manner that recognizes payments to a Redevelopment Property Tax Fund, established pursuant to Section 34170.5 of the Health and Safety Code as if they were payments to a redevelopment agency as provided in subdivision (b) of Section 33670 of the Health and Safety Code.

SEC. 12.Chapter 7 (commencing with Section 100.96) is added to Part 0.5 of Division 1 of the Revenue and Taxation Code, to read:
7.Additional Property Tax Revenues Allocation for Education
100.96.

(a)For each fiscal year in which property tax and other moneys are available in a county to be distributed to schools pursuant to paragraph (4) of subdivision (e) of Section 34183 or Section 34177 of the Health and Safety Code, each county auditor shall allocate 89 percent of these moneys to all school districts, county offices of education, and charter schools within the county and 11 percent of these moneys to all community college districts within the county. An equal amount per pupil in attendance shall be distributed to all school districts, county offices of education, and charter schools, and an equal amount per full-time equivalent student in attendance shall be distributed to all community college districts.

(b)The Superintendent of Public Instruction shall certify the average daily attendance of the advance apportionment of state aid in the then current fiscal year as the attendance of each school district, county office of education, and charter school for purposes of this section. The Superintendent of Public Instruction shall certify the appropriate counts of average daily attendance to each county auditor no later than September 15 of each applicable fiscal year. The Chancellor of the California Community Colleges shall certify the full-time equivalent students in attendance at each community college district in each county that is used for apportioning state aid as of September of each year to the county auditor no later than September 15 for purposes of this section.

(c)The moneys allocated to school districts, county offices of education, charter schools, and community college districts each year pursuant to this section may be used for any educational purpose.

(d)With respect to the amounts computed pursuant to paragraph (6) of subdivision (h) of Section 42238 of, and subdivision (d) of Section 84751 of, the Education Code, which are not considered to be property taxes, from July 1, 2011, to July 1, 2016, inclusive, the amounts that may be expended for educational facilities may be expended for land acquisition, facility construction, remodeling, maintenance, or deferred maintenance.

(e)In fiscal years on and after the 2012–13 fiscal year, the total amount paid each year pursuant to this section to school districts, county offices of education, charter schools, and community college districts shall not be considered to be property taxes for the purposes of Section 2558, paragraph (1) of subdivision (h) of Section 42238, and Section 84751 of the Education Code. In fiscal years on and after the 2012–13 fiscal year, notwithstanding any other law, funding provided to local education agencies pursuant to this section shall not be considered allocated local proceeds of taxes for purposes of Section 8 of Article XVI of the California Constitution.

(f)For the 2011–12 fiscal year, the amount of moneys that are available to be distributed to schools pursuant to subdivision (e) of Section 34183 of the Health and Safety Code shall be deposited in the Educational Revenue Augmentation Fund in each county and allocated pursuant to paragraphs (1) and (2).

(1)The county auditor shall, after other allocations from the Educational Revenue Augmentation Fund have been made, based on information provided by the county superintendent of schools pursuant to this paragraph, allocate the proportion of the Educational Revenue Augmentation Fund to those school districts and county offices of education within the county that are not excess tax school entities, as defined in subdivision (n) of Section 95. The county superintendent of schools shall determine the amount to be allocated to each school district and county office of education in inverse proportion to the amounts of property tax revenue per average daily attendance in each school district and county office of education. In no event shall any additional money be allocated from the fund to a school district or county office of education upon that school district or county office of education becoming an excess tax school entity.

(2)If, after making the allocation required pursuant to paragraph (1), the auditor determines that there are still additional funds to be allocated, the auditor shall allocate those excess funds to the county office of education for special education. Funds allocated pursuant to this paragraph shall be counted as property tax revenues for special education programs in augmentation of the amount calculated pursuant to Section 2572 of the Education Code and shall offset state aid for county offices of education and school districts within the county pursuant to subdivision (c) of Section 56836.08 of the Education Code.

SEC. 13.

The sum of five hundred thousand dollars ($500,000) is hereby appropriated to the Department of Finance from the General Fund for allocation to the Treasurer, Controller, and Department of Finance for administrative costs associated with this act. The department shall notify the Joint Legislative Budget Committee and the fiscal committees in each house of any allocations under this section no later than 10 days following that allocation.

SEC. 14.

If any provision of this act or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of this act which can be given effect without the invalid provision or application, and to this end, the provisions of this act are severable.

SEC. 15.

No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.

SEC. 16.

This act is a bill providing for appropriations related to the Budget Bill within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution, has been identified as related to the budget in the Budget Bill, and shall take effect immediately.