Community redevelopment: education.

(1) Existing property tax law requires the county auditor, for each fiscal year, to allocate property tax revenue to local jurisdictions in accordance with specified formulas and procedures, and generally requires that each jurisdiction be allocated an amount equal to the total of the amount of revenue allocated to that jurisdiction in the prior fiscal year, subject to certain modifications, and that jurisdiction's portion of the annual tax increment, as defined. Existing law requires a redevelopment agency to make a remittance, as determined by the Director of Finance prior to May 10, to the county Educational Revenue Augmentation Fund (ERAF) for the 2008–09 fiscal year and authorizes a legislative body to remit, in lieu of making that payment prior to May 10, 2009, a designated amount to the county auditor for deposit in the county ERAF. This bill would additionally require a redevelopment agency to make the remittance for the 2009–10 and 2010–11 fiscal years and would require the agency to remit that payment on or before June 30 of that fiscal year. The bill would make conforming changes to provisions of existing law relating to revenue payments deposited by redevelopment agencies in the county ERAF for allocation to school entities. The bill would require the county auditor-controller to distribute funds that are remitted to the county ERAF by a city-operated or county-operated redevelopment agency only to a K-12 school district, as defined, that is located partially or entirely within the project area of the redevelopment agency in an amount proportional to the average daily attendance of each school district. The bill would require the county superintendent of schools to provide the average daily attendance reported for each school district as of the Second Proportional Apportionment for the 2008–09, 2009–10, and 2010–11 fiscal years to the county auditor-controller. The bill would require the county auditor-controller to notify, on or before October 1 of that fiscal year, the Department of Finance of the amount of funding apportioned to each school district pursuant to this act. The bill would also require, for the 2008–09, 2009–10, and 2010–11 fiscal years the amount apportioned by the Superintendent of Public Instruction to each school district pursuant to a specified provision of existing law and, for purposes of making the computations required by Section 8 of Article XVI of the California Constitution, specified General Fund revenues appropriated for school districts, to be reduced by the total amount of ERAF moneys a school district receives, regardless of the actual date the funds are received from each redevelopment agency. By imposing new duties upon local tax officials and school districts with regard to the annual allocation of these revenues, this bill would impose a state-mandated local program. (2) This bill would incorporate changes in Section 33685 of the Health and Safety Code as proposed by either AB 198 or SB 80 of the 2009–10 Regular Session that would only become operative if either AB 198 or SB 80 is enacted and becomes effective immediately, either bill amends Section 33685 of the Health and Safety Code, and this bill is enacted after either bill. (3) 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. (4) The California Constitution authorizes the Governor to declare a fiscal emergency and to call the Legislature into special session for that purpose. The Governor issued a proclamation declaring a fiscal emergency, and calling a special session for this purpose, on December 19, 2008. This bill would state that it addresses the fiscal emergency declared by the Governor by proclamation issued on December 19, 2008, pursuant to the California Constitution.