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SB-1300 Redevelopment agency dissolution: finding of completion: City of Hercules.(2019-2020)

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Date Published: 05/22/2020 09:00 PM
SB1300:v97#DOCUMENT

Amended  IN  Senate  May 22, 2020
Amended  IN  Senate  March 25, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill
No. 1300


Introduced by Senator Skinner

February 21, 2020


An act to amend Section 34179.7 of the Health and Safety Code, relating to redevelopment.


LEGISLATIVE COUNSEL'S DIGEST


SB 1300, as amended, Skinner. Redevelopment agency dissolution: finding of completion. completion: City of Hercules.
Existing law dissolved redevelopment agencies as of February 1, 2012, and designates successor agencies to, among other things, continue to make payments due for enforceable obligations and expeditiously wind down the affairs of those redevelopment agencies. Existing law requires that each successor agency have an oversight board, composed of 7 members as specified, and sets forth the powers and duties of the oversight board with respect to the successor agency.
Existing law requires the oversight board to review, approve, and transmit to the Department of Finance and the county auditor-controller the determination of the amount of cash and cash equivalents that are available for disbursement to taxing entities as determined according to the method provided in connection with a due diligence review. Existing law authorizes the Department of Finance to adjust that amount and requires that it complete its review and notify the oversight board and successor agency of its decision to overturn any oversight board authorizations within specified time periods. Existing law requires the department to meet and confer with a successor agency or entity that created a former redevelopment agency that requests a meet and confer to resolve disputes regarding the amounts or sources of funds identified as determined by the department.
Existing law requires the department to issue a finding of completion to the successor agency upon payment of specified amounts, but prohibits a successor agency that fails by December 31, 2015, from paying or entering to pay or enter into a written installment payment plan with the department for the payment of the amounts determined by the department, or as specified, from ever receiving a finding of completion.
This bill, notwithstanding the prohibition on a successor agency from receiving a finding of completion for failure to pay specified amounts by December 31, 2015, would specify that the bill would, notwithstanding that prohibition, authorize the successor agency, agency in the City of Hercules, with the approval of the department, is to be eligible for a finding of completion if it has entered into an agreed-upon written installment payment plan with the department and is in compliance with that plan.
This bill would make legislative findings and declarations as to the necessity of a special statute for the City of Hercules.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 34179.7 of the Health and Safety Code is amended to read:

34179.7.
 Upon full payment of the amounts determined in subdivision (d) or (e) of Section 34179.6 as reported by the county auditor-controller pursuant to subdivision (g) of Section 34179.6 and of any amounts due as determined by Section 34183.5, or upon a final judicial determination of the amounts due and confirmation that those amounts have been paid by the county auditor-controller, or upon entering into a written installment payment plan with the department for payment of the amounts due, the department shall issue, within five business days, a finding of completion of the requirements of Section 34179.6 to the successor agency.
(a)  (1)  Notwithstanding any other law, and subject to paragraph (2), if a successor agency fails by December 31, 2015, to pay, or to enter into a written installment payment plan with the department for the payment of, the amounts determined in subdivision (d) or (e) of Section 34179.6, or the amounts determined by Section 34183.5, the successor agency shall never receive a finding of completion.
(2) Notwithstanding paragraph (1), if a the successor agency in the City of Hercules has entered into an agreed-upon written installment payment plan with the department and is in compliance with that plan, the successor agency in the City of Hercules shall be eligible to receive a finding of completion with the approval of the department.
(b) If a successor agency, city, county, or city and county pays, or enters into a written installment payment plan with the department for the payment of the amounts determined in subdivision (d) or (e) of Section 34179.6 or the amounts determined by Section 34183.5, and the successor agency, city, county, or city and county subsequently receives a final judicial determination that reduces or eliminates the amounts determined, an enforceable obligation for the reimbursement of the excess amounts paid shall be created and the obligation to make any payments in excess of the amount determined by a final judicial determination shall be canceled and be of no further force or effect.
(c) If, upon consultation with the county auditor-controller, the department finds that a successor agency, city, county, or city and county has failed to fully make one or more payments agreed to in the written installment payment plan, the following shall occur unless the county auditor-controller reports within 10 business days that the successor agency, city, county, or city and county has made the entirety of the incomplete payment or payments:
(1) Section 34191.3, subdivision (b) of Section 34191.4, and Section 34191.5 shall not apply to the successor agency.
(2) Oversight board actions taken under subdivision (b) of Section 34191.4 shall no longer be effective. Any loan agreements entered into between the redevelopment agency and the city, county, or city and county that created the redevelopment agency that were deemed enforceable obligations pursuant to such oversight board actions shall no longer be enforceable obligations.
(3) If the department has approved a long-range property management plan for the successor agency, that plan shall no longer be effective. Any property that has not been disposed of through the plan prior to the nonpayment discussed in this subdivision shall be disposed of pursuant to Section 34181.
(4) If applicable, the successor agency’s Last and Final Recognized Obligation Payment Schedule shall cease to be effective. However, to ensure the flow of lawful payments to third parties is not impeded, the Last and Final Recognized Obligation Payment Schedule shall remain operative until the successor agency’s next Recognized Obligation Payment Schedule is approved and becomes operative pursuant to Section 34177.
(d) Subdivision (c) shall not be construed to prevent the department from working with a successor agency, city, county, or city and county to amend the terms of a written installment payment plan if the department determines the amendments are necessitated by the successor agency’s, city’s, county’s, or city and county’s fiscal situation.

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 needs facing the successor agency in the City of Hercules in refinancing redevelopment obligations.