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SB-961 Enhanced infrastructure financing districts.(2017-2018)

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Date Published: 03/22/2018 09:00 PM
SB961:v98#DOCUMENT

Amended  IN  Senate  March 22, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 961


Introduced by Senator Allen

January 31, 2018


An act to amend Section 8574.7 of the Government Code, relating to oil spills. add Section 53398.75.7 to the Government Code, relating to local government.


LEGISLATIVE COUNSEL'S DIGEST


SB 961, as amended, Allen. California oil spill contingency plan. 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 the issuance of bonds for the funding of these purposes, and, in the case of an enhanced infrastructure financing district, requires voter approval, as specified, for the issuance of those bonds. Existing law, the Neighborhood Infill Finance and Transit Improvements Act, authorizes a city, county, or city and county to adopt a resolution, at any time before or after the adoption of the infrastructure financing plan for an enhanced infrastructure financing district, to allocate, under specified circumstances, tax revenues of that entity to the district, including revenues derived from local sales and use taxes imposed pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law or transactions and use taxes imposed in accordance with the Transactions and Use Tax Law.
This bill would enact the Second Neighborhood Infill Finance and Transit Improvements Act, which would similarly authorize a city, county, or city and county to adopt a resolution, at any time before or after the adoption of the infrastructure financing plan for an enhanced infrastructure financing district, to allocate tax revenues of that entity to the district, including revenues derived from local sales and use taxes imposed pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law or transactions and use taxes imposed in accordance with the Transactions and Use Tax Law, if the area to be financed is within one-half mile of a rail transit station or within 300 feet of a transit rich boulevard served by bus rapid transit or high-frequency bus service, as specified, and among other things, certain conditions relating to housing and the infrastructure financing plan are or will be met. The bill would authorize bonds to be issued for the purposes of the Second Neighborhood Infill Finance and Transit Improvements Act without voter approval.

The Lempert-Keene-Seastrand Oil Spill Prevention and Response Act generally requires the administrator for oil spill response, acting at the direction of the Governor, to implement activities relating to oil spill response, including emergency drills and preparedness, and oil spill containment and cleanup, and to represent the state in any coordinated response efforts with the federal government. Existing law, the California Emergency Services Act, directs the Governor to require the administrator to amend, not in conflict with the National Contingency Plan, the California oil spill contingency plan to provide for the best achievable protection of waters of the state and for the plan to include specified elements.

This bill would also require the plan to include a communications element to be developed by the administrator and included in the California oil spill contingency plan, as provided.

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

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


SECTION 1.

 Section 53398.75.7 is added to the Government Code, to read:

53398.75.7.
 (a) This section shall be known and may be cited as the Second Neighborhood Infill Finance and Transit Improvements Act, or NIFTI-2.
(b) At any time before or after the adoption of the infrastructure financing plan, a city, county, or city and county may adopt a resolution to allocate tax revenues of that entity to the district, including revenues derived from local sales and use taxes imposed pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law (Part 1.5 (commencing with Section 7200) of Division 2 of the Revenue and Taxation Code), or transactions and use taxes imposed in accordance with the Transactions and Use Tax Law (Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code), if all of the following apply:
(1) The area to be financed with funds received pursuant to this section is within one-half mile of a rail transit station, including regional commuter rail, or within 300 feet of a transit-rich boulevard served by bus rapid transit or high-frequency bus service.
(2) The infrastructure financing plan requires that at least 40 percent of the total funds received by the district pursuant to this section be used for the acquisition, construction, or rehabilitation of housing, including the costs of predevelopment and land acquisition, for persons and families of low income as defined in Section 50093 of the Health and Safety Code, or very low income households as defined in Section 50105 of the Health and Safety Code, for rent or purchase.
(3) The infrastructure financing plan requires that 50 percent of the housing funds are used to develop housing affordable to and occupied by households with incomes below 60 percent and greater than 30 percent of area median income, and 50 percent of the housing funds are used for either housing affordable to and occupied by households with incomes below 30 percent of area median income or permanent supportive housing to help homeless persons get off the street.
(4) The infrastructure financing plan gives first priority for occupancy of housing funded through this plan to income-qualified households displaced from the district through no fault of their own, and secondary priority for occupancy of housing funded through this program is given to households with a member or members employed within two miles of the district.
(5) The infrastructure financing plan requires at least 50 percent of the ground floor area of developments to be occupied by pedestrian-oriented commercial uses. The remaining ground floor area may be occupied by live-work space occupied by low- or moderate-income artists with covenants that ensure public display of their art during normal business hours.
(6) The infrastructure financing plan requires that, within the time limits set forth in subdivision (d) of Section 53398.63, at least 20 percent of any new housing units constructed in the district be affordable to persons and families of low or moderate income, with at least 6 percent of the new units affordable to very low income households and at least 9 percent of the new units affordable to persons and families of low income.
(7) The use of the revenues derived from the local sales and use tax imposed under the Bradley-Burns Uniform Local Sales and Use Tax Law (Part 1.5 (commencing with Section 7200) of Division 2 of the Revenue and Taxation Code) or transactions and use taxes imposed in accordance with the Transactions and Use Tax Law (Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code) pursuant to the infrastructure financing plan is consistent with the purposes for which that tax is imposed.
(c) The remaining tax increment funds may be used at the discretion of the district for investments to create an attractive environment for mixed-use residential development near transit or to facilitate transit including any of the following:
(1) Station development for rail transit or bus rapid transit service.
(2) Urban forestry, landscaping, and greening improvements that make the district more attractive for residential development.
(3) Detached or decoupled parking in lieu of onsite parking for proposed developments.
(4) First-last-mile access to transit for pedestrians and bicyclists, older adults, and people with disabilities.
(5) Other infrastructure as needed for residential communities, including water infrastructure or waste water infrastructure that captures rainwater or urban runoff.
(d) The infrastructure financing plan shall ensure that the requirements of this section are met every 10 years.
(e) Notwithstanding Section 53398.52, revenues collected and allocated for the purposes of this section shall not be used for highway or highway interchange improvements.
(f) The district shall require, by recorded covenants or restrictions, that affordable housing units financed pursuant to this section remain permanently available at affordable housing costs to, and occupied by, very low income households, persons and families of low income, or persons and families of low or moderate income for the longest feasible time, but for not less than 55 years for rental units and 45 years for owner-occupied units.
(g) A legislative body shall not adopt an ordinance terminating an enhanced infrastructure financing district created pursuant to this section if the district has not complied with its affordable housing obligations.
(h) Notwithstanding Article 4 (commencing with Section 53398.77), bonds issued by a district pursuant to this section may be issued without voter approval.

SECTION 1.Section 8574.7 of the Government Code is amended to read:
8574.7.

The Governor shall require the administrator, not in conflict with the National Contingency Plan, to amend the California oil spill contingency plan to provide for the best achievable protection of waters of the state. “Administrator” for purposes of this section means the administrator appointed by the Governor pursuant to Section 8670.4. The plan shall consist of all of the following elements:

(a)A state response element that specifies the hierarchy for state and local agency response to an oil spill. The element shall define the necessary tasks for the oversight and control of cleanup and removal activities associated with an oil spill and shall specify each agency’s particular responsibility in carrying out these tasks. The element shall also include an organizational chart of the state oil spill response organization and a definition of the resources, capabilities, and response assignments of each agency involved in cleanup and removal actions in an oil spill.

(b)A regional and local planning element that shall provide the framework for the involvement of regional and local agencies in the state effort to respond to an oil spill and shall ensure the effective and efficient use of regional and local resources, as appropriate, in all of the following:

(1)Traffic and crowd control.

(2)Firefighting.

(3)Boating traffic control.

(4)Radio and communications control and the provision of access to equipment.

(5)Identification and use of available local and regional equipment or other resources suitable for use in cleanup and removal actions.

(6)Identification of private and volunteer resources or personnel with special or unique capabilities relating to oil spill cleanup and removal actions.

(7)Provision of medical emergency services.

(8)Consideration of the identification and use of private working craft and mariners, including commercial fishing vessels and licensed commercial fishing men and women, in containment, cleanup, and removal actions.

(c)A coastal protection element that establishes the state standards for coastline protection. The administrator, in consultation with the Coast Guard and Navy and the shipping industry, shall develop criteria for coastline protection. If appropriate, the administrator shall consult with representatives from the States of Alaska, Washington, and Oregon; the Province of British Columbia in Canada; and the Republic of Mexico. The criteria shall designate at least all of the following:

(1)Appropriate shipping lanes and navigational aids for tankers, barges, and other commercial vessels to reduce the likelihood of collisions between tankers, barges, and other commercial vessels. Designated shipping lanes shall be located off the coastline at a distance sufficient to significantly reduce the likelihood that disabled vessels will run aground along the coast of the state.

(2)Ship position reporting and communications requirements.

(3)Required predeployment of protective equipment for sensitive environmental areas along the coastline.

(4)Required emergency response vessels that are capable of preventing disabled tankers from running aground.

(5)Required emergency response vessels that are capable of commencing oil cleanup operations before spilled oil can reach the shoreline.

(6)An expedited decisionmaking process for dispersant use in coastal waters. Prior to adoption of the process, the administrator shall ensure that a comprehensive testing program is carried out for any dispersant proposed for use in California marine waters. The testing program shall evaluate the toxicity and effectiveness of the dispersants.

(7)Required rehabilitation facilities for wildlife injured by spilled oil.

(8)An assessment of how activities that usually require a permit from a state or local agency may be expedited or issued by the administrator in the event of an oil spill.

(d)An environmentally and ecologically sensitive areas element that shall provide the framework for prioritizing and ensuring the protection of environmentally and ecologically sensitive areas. The environmentally and ecologically sensitive areas element shall be developed by the administrator, in conjunction with appropriate local agencies, and shall include all of the following:

(1)Identification and prioritization of environmentally and ecologically sensitive areas in state waters and along the coast. The identification and prioritization of environmentally and ecologically sensitive areas shall not prevent or excuse the use of all reasonably available containment and cleanup resources from being used to protect every environmentally and ecologically sensitive area possible. Environmentally and ecologically sensitive areas shall be prioritized through the evaluation of criteria, including, but not limited to, all of the following:

(A)Risk of contamination by oil after a spill.

(B)Environmental, ecological, recreational, and economic importance.

(C)Risk of public exposure should the area be contaminated.

(2)Regional maps depicting environmentally and ecologically sensitive areas in state waters or along the coast that shall be distributed to facilities and local and state agencies. The maps shall designate those areas that have a particularly high priority for protection against oil spills.

(3)A plan for protection actions required to be taken in the event of an oil spill for each of the environmentally and ecologically sensitive areas and protection priorities for the first 24 to 48 hours after an oil spill shall be specified.

(4)The location of available response equipment and the availability of trained personnel to deploy the equipment to protect the priority environmentally and ecologically sensitive areas.

(5)A program for systemically testing and revising, if necessary, protection strategies for each of the priority environmentally and ecologically sensitive areas.

(6)Any recommendations for action that cannot be financed or implemented pursuant to existing authority of the administrator. Those recommendations shall also be reported to the Legislature along with recommendations for financing those actions.

(e)A reporting element that requires the reporting of spills of any amount of oil in or on state waters.

(f)(1)A communications element that shall provide the framework for efficient and timely communications within the unified command; between local, state, and federal agencies; and with the public. This element shall be developed by the administrator, with the administrator requesting input from local agencies, and shall include all of the following:

(A)A process for developing and maintaining a database of local public information officers in each coastal county.

(B)A mechanism to ensure critical information from local agencies or local nongovernmental organizations can be shared with relevant members of the unified command.

(C)A process for early community outreach in affected areas that ensures the public has up-to-date and timely information on the oil spill, including a protocol for informing each community, city, county, and city and county of the name of the responsible party and of the right of affected parties to file claims against the responsible party.

(2)The administrator shall incorporate this element within the California oil spill contingency planning framework established by federal and state law and regulation, to the extent feasible.