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AB-1568 Enhanced infrastructure financing districts. (2017-2018)

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Date Published: 03/28/2017 09:00 PM

Amended  IN  Assembly  March 28, 2017


Assembly Bill No. 1568

Introduced by Assembly Member Bloom

February 17, 2017

An act to amend Section 65580 of 53398.59 of, and to add Section 53398.75.5 to, the Government Code, relating to land use. local government.


AB 1568, as amended, Bloom. Land uses. Enhanced infrastructure financing districts.
Existing law establishes procedures for the formation of infrastructure financing districts, enhanced infrastructure financing districts, infrastructure and revitalization financing districts, and community revitalization and investment authorities, as specified, to undertake various economic development projects, including financing public facilities and infrastructure, affordable housing, and economic revitalization. Existing law authorizes an infrastructure financing plan or a community revitalization and investment plan to provide for the division of taxes levied upon taxable property, if any, between the affected taxing entities, as defined, and the district or authority.
The bill would, enact the Neighborhood Infill Finance and Transit Improvements Act which would authorize an infrastructure finance plan to provide, under specified circumstances, for the receipt and use of any increase of the total receipts of local sales and use tax or transactions and use tax from one year to the next collected by a consenting local agency and attributable to the area of the district under specified circumstances.

The Planning and Zoning Law requires each city, county, and city and county to prepare and adopt a general plan that contains certain mandatory elements, including, but not limited to, a housing element that analyzes existing and projected housing needs. Existing law includes various legislative findings and declarations related to the statewide importance of housing availability and the responsibility of local government to address regional housing needs.

This bill would make technical, nonsubstantive changes to these findings and declarations.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


 Section 53398.59 of the Government Code is amended to read:

 A legislative body of a city or county may designate one or more proposed enhanced infrastructure financing districts pursuant to this chapter. Proceedings for the establishment of a district shall be instituted by the adoption of a resolution of intention to establish the proposed district and shall do all of the following:
(a) State that an enhanced infrastructure financing district is proposed to be established under the terms of this chapter and describe the boundaries of the proposed district, which may be accomplished by reference to a map on file in the office of the clerk of the city or in the office of the recorder of the county, as applicable.
(b) State the type of public facilities and development proposed to be financed or assisted by the district in accordance with Section 53398.52.
(c) State the need for the district and the goals the district proposes to achieve.
(d) State that incremental property tax revenue from the city or county and some or all affected taxing entities within the district, if approved by resolution pursuant to Section 53398.68, may be used to finance these activities.
(e) State that any increase of the total receipts of local sales and use tax or transactions and use tax will be collected pursuant to Section 53398.75.5, if applicable.


(f) Fix a time and place for a public hearing on the proposal.

SEC. 2.

 Section 53398.75.5 is added to the Government Code, to read:

 (a) This section shall be known and may be cited as the Neighborhood Infill Finance and Transit Improvements Act, or NIFTI.
(b) An infrastructure financing plan may contain a provision for the receipt of any increase of the total receipts of local sales and use tax or transactions and use tax from one year to the next collected by a consenting local agency and attributable to the area of the district if both of the following apply:
(1) The area to be financed with funds received pursuant to this section has adopted a sustainable communities strategy.
(2) The infrastructure financing plan provides for the allocation of at least 15 percent of the funds received by the district pursuant to this section to be used to finance projects meeting the requirements of paragraph (12) of subdivision (b) of Section 53398.52.

SECTION 1.Section 65580 of the Government Code is amended to read:

The Legislature finds and declares as follows:

(a)The availability of housing is of vital statewide importance. The early attainment of decent housing and a suitable living environment for every Californian, including farmworkers, is a priority of the highest order.

(b)The early attainment of this goal requires the cooperative participation of government and the private sector in an effort to expand housing opportunities and accommodate the housing needs of Californians of all economic levels.

(c)The provision of housing affordable to low- and moderate-income households requires the cooperation of all levels of government.

(d)Local and state governments have a responsibility to use the powers vested in them to facilitate the improvement and development of housing to make adequate provision for the housing needs of all economic segments of the community.

(e)The Legislature recognizes that in carrying out this responsibility, each local government also has the responsibility to consider economic, environmental, and fiscal factors and community goals set forth in its general plan and to cooperate with other local governments and the state in addressing regional housing needs.