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AB-1703 Redevelopment plans: City of Los Angeles.(2019-2020)

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Date Published: 09/06/2019 12:35 PM
AB1703:v95#DOCUMENT

Amended  IN  Senate  September 06, 2019
Amended  IN  Assembly  April 29, 2019
Amended  IN  Assembly  April 10, 2019
Amended  IN  Assembly  March 28, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 1703


Introduced by Assembly Member Bloom
(Coauthor: Assembly Member Gonzalez)

February 22, 2019


An act to add Article 7 (commencing with Section 92665) to Chapter 6 of Part 57 of Division 9 of Title 3 of the Education Code, relating to postsecondary education. Section 34176.2 to the Health and Safety Code, relating to redevelopment.


LEGISLATIVE COUNSEL'S DIGEST


AB 1703, as amended, Bloom. University of California: California Collaborative for Neurodiversity and Learning. Redevelopment plans: City of Los Angeles.
The Community Redevelopment Law authorized the establishment of redevelopment agencies in communities to address the effects of blight. That law defined various physical conditions that cause blight, including adjacent or nearby incompatible land uses that prevent the development of those parcels or other portions of the project area. Under that law, a redevelopment agency was required to prepare a redevelopment plan for each project area in accordance with certain requirements and procedures, including that the plan be consistent with the community’s general plan.
Existing law dissolved redevelopment agencies as of February 1, 2012, and provides for the designation of successor agencies, as defined. Existing law requires successor agencies to wind down the affairs of the dissolved redevelopment agencies. A successor agency is generally vested with all authority, rights, powers, duties, and obligations of the former redevelopment agency under the Community Redevelopment Law, except as specified.
This bill would prohibit the successor agency of the Redevelopment Agency of the City of Los Angeles, and the City of Los Angeles if it requests the transfer of all land use-related plans and functions of the former redevelopment agency, from enforcing any provision of a redevelopment plan for an area of the City of Los Angeles that imposes greater restrictions on the allowable intensity of housing, as defined, than any applicable general plan land use designation, specific plan land use designation, local zoning, or local affordable housing incentive program. By imposing new duties on local officials, this bill would impose a state-mandated local program.
This bill would make legislative findings and declarations as to the necessity of a special statute for the City of Los Angeles.
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.
The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.

Existing law establishes the University of California under the administration of the Regents of the University of California and the California State University under the administration of the Trustees of the California State University as 2 of the segments of public postsecondary education in the state.

This bill would require the University of California, Los Angeles and the California State University, Dominguez Hills, along with California State University campuses serving the Los Angeles Basin selected by the trustees, to form a neurodiversity and learning collaborative to, among other things, identify and develop the links between brain research and classroom practice. The bill would require the collaborative to provide leadership for the development and testing of new classroom interventions and teaching practices for literacy learning based on brain research at public schools, as specified. The bill would require the collaborative to support the development of a progressive teacher training curriculum to be integrated into professional preparation programs leading to a preliminary teaching credential, approved by the Commission on Teacher Credentialing, that will have a long-term impact on supporting neurodiverse learners, as specified. The bill would provide that the operation of these provisions is contingent on the enactment of an appropriation in the annual Budget Act for these purposes, and that these provisions apply to the University of California only to the extent that the regents act, by appropriate resolution, to make these provisions applicable.

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

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


SECTION 1.

 The Legislature finds and declares all of the following:
(a) California is in the midst of an unprecedented housing and homelessness crisis that demands that all levels of government in California think creatively about how to increase housing production, especially affordable housing for low-income individuals and families.
(b) In the City of Los Angeles, voters approved Measure JJJ in November 2016, which created the Transit Oriented Communities Affordable Housing Incentive Program. This affordable housing incentive program successfully builds off of the existing Density Bonus Law in Section 65915 of the Government Code by allowing for housing development projects located near high-quality transit to receive increased density and other zoning incentives in exchange for the inclusion of a higher percentage of restricted affordable units. Since its inception, the Transit Oriented Communities Affordable Housing Incentive Program has led to over 16,000 proposed housing units, 3,293 of which are restricted affordable units.
(c) Although redevelopment agencies across California were dissolved in 2012 and may no longer engage in new activities, the land use regulations from previously adopted redevelopment plans remain in effect through the expiration date of the respective redevelopment agencies. In the City of Los Angeles, many of these regulations extend beyond 2030. In certain instances, these redevelopment land use regulations are more restrictive than the city’s other land use regulations, including the latest adopted general plan land use designations and zoning, as well as the intent of Measure JJJ’s Transit Oriented Communities Affordable Housing Incentive Program.
(d) Legal uncertainties have arisen in the City of Los Angeles regarding the applicability of the Transit Oriented Communities Affordable Housing Incentive Program in areas subject to previously adopted redevelopment plans that are more restrictive than the city’s latest adopted planning and zoning regulations. This uncertainty has threatened the development of thousands of potential units of market rate and affordable housing by effectively placing undue restrictions on the development incentives contained in the Transit Oriented Communities Affordable Housing Incentive Program.
(e) Therefore, it is the intent of the Legislature to ensure that previously adopted redevelopment plans in the City of Los Angeles do not restrict the use of locally adopted incentive programs, like the Transit Oriented Communities Affordable Housing Incentive Program.

SEC. 2.

 Section 34176.2 is added to the Health and Safety Code, to read:

34176.2.
 (a) The successor agency of the Redevelopment Agency of the City of Los Angeles, and the City of Los Angeles if it requests the transfer of all land use-related plans and functions of the former redevelopment agency pursuant to subdivision (i) of Section 34173, shall not enforce any provision of a redevelopment plan for an area located in the City of Los Angeles that imposes greater restrictions on the allowable intensity of housing than any applicable general plan land use designation, specific plan land use designation, local zoning, or local affordable housing incentive program.
(b) For purposes of this section, “intensity of housing” is broadly defined to include, but is not limited to, height, density, or floor area ratio, open space or lot size requirements, setback requirements, minimum frontage requirements, or maximum lot coverage limitations.

SEC. 3.

 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 need to provide affordable housing within the City of Los Angeles.

SEC. 4.

 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. 5.

 The Legislature finds and declares that the need for housing is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 2 of this act, adding Section 34176.2 to the Health and Safety Code, applies to all cities, including charter cities.
SECTION 1.

The Legislature finds and declares all of the following:

(a)About 20 percent of children in every classroom have some type of learning difference that is not adequately being identified or supported.

(b)New brain research informs us that diversity of learning types represents natural brain wiring variation and that each learner’s brain is uniquely wired.

(c)Without early identification and effective intervention, the impact of learning issues can be significant and long lasting not only for the learner, but for the state at large. The long-term effects include school failure, depression, and an increased risk of suicide, delinquency, and other antisocial behavior.

(d)All kinds of brains are needed in the state’s innovation economy. Therefore, the state has an inherent need to improve the way it supports neurodiversity in K–12 classrooms.

(e)The Legislature believes neurodiversity is one of the civil rights issues of this generation and that Californians must work together to secure equal access to quality learning for neurodiverse children.

SEC. 2.Article 7 (commencing with Section 92665) is added to Chapter 6 of Part 57 of Division 9 of Title 3 of the Education Code, to read:
7.The University of California and California State University Collaborative for Neurodiversity and Learning
92665.

(a)This article shall be known, and may be cited, as the University of California and California State University Collaborative for Neurodiversity and Learning.

(b)The goal of this article is to establish a joint University of California and California State University initiative that will bring together the state’s resources and leading experts in brain research and K–12 education to strengthen educational support and new teaching methods for children with diverse learning needs, including children with dyslexia and literacy issues.

92666.

The University of California, Los Angeles and the California State University, Dominguez Hills, along with California State University campuses serving the Los Angeles Basin selected by the Trustees of the California State University, shall form a neurodiversity and learning collaborative to do all of the following:

(a)Develop a network of brain researchers and educators to share new knowledge on neurodiversity.

(b)Identify and develop links between brain research and classroom practice.

(c)Create a framework for embedding neurodiversity knowledge into the teacher education programs at the University of California and the California State University.

(d)Provide an opportunity for innovative experts in neuroscience and education to collaborate and develop new approaches for teaching and learning based on knowledge gained from brain research around learning differences, such as dyslexia.

92667.

(a)(1)The collaborative formed pursuant to Section 92666 shall provide leadership on the development and testing of new classroom interventions and teaching practices for literacy learning issues based on brain research at public schools maintaining kindergarten or any of grades 1 to 12, inclusive.

(2)Schools described in paragraph (1) may include schools with existing partnerships with the California State University or the University of California.

(b)The collaborative shall establish an evaluation team, composed of participants from the California State University and the University of California, Los Angeles to measure the impact of the new classroom interventions and teaching practices at participating schools pursuant to subdivision (a) and identify which interventions and practices are most effective for neurodiverse learners.

(c)The collaborative may provide stipends for student teachers, teachers, and school leaders who participate in the work described in this section.

(d)The collaborative shall support the creation of professional development modules for current teachers based on the evaluation of tested interventions and practices pursuant to subdivision (b).

92668.

(a)The collaborative formed pursuant to Section 92666 shall support the development of a progressive teacher training curriculum to be integrated into professional preparation programs leading to a preliminary teaching credential, approved by the Commission on Teacher Credentialing, that will have a long-term impact on supporting neurodiverse learners.

(b)The collaborative shall select public postsecondary educational institutions willing to participate voluntarily in implementing and testing the effects of the teacher training curriculum.

(c)The collaborative shall measure the success of the teacher training curriculum and intervention programs and shall share the results broadly with educators and policymakers throughout the state.

92669.

(a)The operation of this article is contingent upon the enactment of an appropriation in the annual Budget Act for its purposes.

(b)For purposes of this article, participation of public schools maintaining kindergarten or any of grades 1 to 12, inclusive, shall be voluntary.

(c)This article shall not apply to the University of California except to the extent that the Regents of the University of California, by appropriate resolution, make it applicable.