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AB-2920 Transactions and use taxes: City of Berkeley.(2017-2018)

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Date Published: 04/09/2018 09:00 PM
AB2920:v97#DOCUMENT

Amended  IN  Assembly  April 09, 2018
Amended  IN  Assembly  March 22, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 2920


Introduced by Assembly Member Thurmond

February 16, 2018


An act to add Section 10619.5 to the Welfare and Institutions Code, relating to homelessness. Chapter 3.92 (commencing with Section 7299) to Part 1.7 of Division 2 of the Revenue and Taxation Code, relating to taxation.


LEGISLATIVE COUNSEL'S DIGEST


AB 2920, as amended, Thurmond. Regional Homeless Efforts Matching Grant Program. Transactions and use taxes: City of Berkeley.
Existing law authorizes cities and counties, subject to certain limitations and approval requirements, to levy a transactions and use tax for general or specific purposes, in accordance with the procedures and requirements set forth in the Transactions and Use Tax Law, including a requirement that the combined rate of all taxes that may be imposed in accordance with that law in the county not exceed 2%.
This bill would authorize the City of Berkeley to impose a transactions and use tax for general or specific purposes at a rate of no more than 0.5% that, in combination with other transactions and use taxes, would exceed the above-described combined rate limit of 2%, if the city adopts an ordinance proposing the tax and the ordinance proposing the tax is approved by the voters, subject to applicable voter approval requirements, as specified.
This bill would make legislative findings and declarations as to the necessity of a special statute for the City of Berkeley.

Existing law establishes the State Department of Social Services under the management of a director who, among other things, is responsible for the administration of the laws pertaining to the administration of public social services, except for health care services and medical assistance.

This bill would establish the Regional Homeless Efforts Matching Grant Program. The bill would require the State Department of Social Services to award grants, subject to appropriation for that purpose and in a total aggregate amount not exceeding $100,000,000, to cities that meet specified criteria and require that an eligible recipient use any grant awarded pursuant to the program for specified purposes in helping to alleviate homelessness. The bill would require an eligible recipient to apply to the department in order to receive a grant.

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

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


SECTION 1.

 Chapter 3.92 (commencing with Section 7299) is added to Part 1.7 of Division 2 of the Revenue and Taxation Code, to read:
CHAPTER  3.92. Local Government Finance in the City of Berkeley

7299.
 Notwithstanding any other law, the City of Berkeley may impose a transactions and use tax for general or specific purposes at a rate of no more than 0.5 percent that would, in combination with all taxes imposed in accordance with the Transactions and Use Tax Law (Part 1.6 (commencing with Section 7251)), exceed the limit established in Section 7251.1, if all of the following requirements are met:
(a) The city adopts an ordinance proposing the transactions and use tax by any applicable voting approval requirement.
(b) The ordinance proposing the transactions and use tax is submitted to the electorate and is approved by the voters voting on the ordinance pursuant to Article XIII C of the California Constitution.
(c) The transactions and use tax conforms to the Transactions and Use Tax Law (Part 1.6 (commencing with Section 7251)), other than Section 7251.1.

SEC. 2.

 The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances the City of Berkeley faces in addressing homelessness within its borders.
SECTION 1.Section 10619.5 is added to the Welfare and Institutions Code, to read:
10619.5.

(a)For purposes of this section:

(1)“Eligible recipient” means a city that meets the following criteria:

(A)The city has adopted a housing element in accordance with Article 10.6 (commencing with Section 65580) of Chapter 3 of Division 1 of Title 7 of the Government Code.

(B)The city has demonstrated an ability to provide matching funds for either capital or service expenditures, including by means of bonds approved by the voters of the city, or the county in which the city is located, the proceeds of which are dedicated to the development of housing.

(C)The city is part of a regional coalition established by agreement, including by a memorandum of understanding or by a joint powers agreement entered into pursuant to the Joint Exercise of Powers Act (Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code), with one or more other local agencies that are adjacent to, or include within their territorial boundaries, the city in order to provide the services described in this section.

(2)“Program” means the Regional Homeless Efforts Matching Grant Program established pursuant to this section.

(b)There is hereby established the Regional Homeless Efforts Matching Grant Program. Upon appropriation by the Legislature for purposes of this section, the department shall award grants on a first-come-first-served basis pursuant to the program, the total aggregate amount of which shall not exceed one hundred million dollars ($100,000,000), to eligible recipients. An eligible recipient shall use any grant awarded pursuant to the program for the following purposes in helping to alleviate homelessness:

(1)Mental health services.

(2)Vocational training.

(3)Substance abuse counseling.

(4)Tenant relocation assistance.

(c)In order to receive a grant pursuant to the program in any fiscal year, an eligible recipient shall apply to the department in the form and manner prescribed by the department.