Redevelopment.
Summary
(1) The Community Redevelopment Law requires that each redevelopment agency submit the final report of any audit undertaken by any other local, state, or federal government entity to its legislative body and to additionally present an annual report to the legislative body containing specified information. This bill would require the agency to include additional information relating to any major audit violations, as defined, any corrections to those violations, and planning and general administrative expenses of the Low and Moderate Income Housing Fund. The bill would authorize the Controller to conduct quality control reviews of independent financial audit reports and require the Controller to publish the results of his or her reviews. The bill would require the Controller to comply with certain notification and referral provisions in the event that the audit was conducted in a manner that may constitute unprofessional conduct. The bill would require the Department of Housing and Community Development to conduct audits of redevelopment agencies to ensure compliance with the housing provisions of the Community Redevelopment Law. The bill would require each agency to annually deposit 0.05% of any tax increment deposited into the Low and Moderate Income Housing Fund into the Redevelopment Agency Accountability Fund, which the bill would create, to fund the department audits. (2) Existing law requires that funds used for purposes of increasing, improving, and preserving a community's supply of low- and moderate-income housing be held in a separate Low and Moderate Income Housing Fund until used. Existing law limits the planning and general administrative costs which may be paid with moneys from the Low and Moderate Income Housing Fund. The bill would revise the costs and expenses which may be considered planning and general administrative costs for the purposes of being paid from the Low and Moderate Income Housing Fund. Except as provided, the bill would prohibit an agency from expending more than 15% of the tax increment deposited in the fund for planning and general administrative costs. The bill would impose other reporting and accountability measures on agencies with respect to the use of moneys in the fund for planning and administrative purposes. The bill would revise various provisions governing an action to compel agency compliance with specified provisions. (3) Existing law requires, except as specified, each agency to expend over each 10-year period of the implementation plan, the moneys in the Low and Moderate Income Housing Fund to assist housing for persons of moderate, low, and very low income according to specified calculations. The bill would instead require that at least 75% of the agency's expenditures from the fund directly assist the new construction, acquisition and substantial rehabilitation, or preservation of housing for persons of extremely low, very low, low, or moderate income, with at least 25% of the expenditures required to be directed towards housing for persons of extremely low income and at least 50% of the expenditures required to be directed towards housing for persons of very low income. (4) Existing law authorizes a redevelopment agency to merge project areas under its jurisdiction, and requires that at least 20% of specified taxes allocated to the redevelopment agency be deposited into the Low and Moderate Income Housing Fund to assist in the construction or rehabilitation of housing units for very low, and low- and moderate-income households, as specified. Existing law requires that if those funds have not been committed for that purpose within 6 years, the agency shall offer the funds to the housing authority that operates within the jurisdiction of the agency, as specified. This bill would delete the requirement that the funds be offered to the housing authority. (5) Existing law requires an agency that has failed to expend or encumber excess surplus in the Low and Moderate Income Housing Fund within one year to disburse the surplus voluntarily to the appropriate county housing authority or another public agency or to expend or encumber the surplus within 2 additional years. The bill would delete these provisions. The bill would modify the definition of the term "excess surplus." (6) Existing law provides that whenever low- or moderate-income housing dwelling units are destroyed or removed from the low- and moderate-income housing market as part of a redevelopment that is subject to a written agreement with the agency, or where financial assistance has been provided by the agency, the agency is required to provide replacement housing within 4 years of the destruction or removal. The bill would modify the agency's obligation to provide replacement housing to low- or moderate-income persons and families and would impose new requirements on the agency with respect to the replacement housing plan and housing specifications. If a court has found that an agency has failed to comply with these provisions, the bill would require the court, at a minimum, to issue an order temporarily prohibiting the agency from issuing any debt for any project area, except as specified.
Bill status
vetoed
4 of 5 stages cleared
Introduction
Jan 2013
Committee Review
Aug 2014
Senate Passage
Apr 2013
Assembly Passage
Sep 2013
Vetoed
Sep 2014
Introduced Jan 28, 2013
Vetoed Sep 29, 2014
Floor votes · Senate Aug 28, 2014 · Assembly Sep 4, 2013
How they voted
33–0
Passed · 2 other
Total votes 35
Aug 28, 2014
D
Democratic25
92% Yea
R
Republican10
100% Yea
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
30
Key actions
9
Committee
12
Amendments
1
Sep 29, 2014
Vetoed
In Senate. Consideration of Governor's veto pending.
upper
Sep 29, 2014
Vetoed
Vetoed by the Governor.
upper
Aug 28, 2014
Senate · Passed
Senate Vote: pass (33-0-2)
senate
Aug 28, 2014
Upper · Passed
Assembly amendments concurred in. (Ayes 37. Noes 0. Page 4936.) Ordered to engrossing and enrolling.
upper
Sep 5, 2013
Introduced
In Senate. Concurrence in Assembly amendments pending.
upper
Sep 4, 2013
Assembly · Passed
Assembly Vote: pass (62-0-1)
assembly
Aug 30, 2013
Lower · Passed
From committee: Do pass. (Ayes 17. Noes 0.) (August 30).
lower
Aug 21, 2013
Committee
Set, first hearing. Referred to APPR. suspense file.
lower
Aug 15, 2013
Lower · Passed
From committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 0.) (August 14). Re-referred to Com. on APPR.
lower
Aug 6, 2013
Lower · Passed
From committee with author's amendments. Read second time and amended. Re-referred to Com. on L. GOV.
lower
Jul 3, 2013
Lower · Passed
From committee: Do pass and re-refer to Com. on L. GOV. (Ayes 7. Noes 0.) (July 3). Re-referred to Com. on L. GOV.
lower
Jun 17, 2013
Committee
From committee: Be re-referred to Coms. on H. & C.D. and L. GOV. (Ayes 9. Noes 0.) (June 17). Re-referred to Com. on H. & C.D.
lower
Jun 14, 2013
Committee
Re-referred to Com. on RLS.
lower
Jun 10, 2013
Lower · Passed
From committee with author's amendments. Read second time and amended. Re-referred to Com. on J., E.D., & E.
lower
May 9, 2013
Committee
Referred to Com. on J., E.D., & E.
lower
Apr 2, 2013
Upper · Passed
From committee: Do pass. Ordered to consent calendar. (Ayes 11. Noes 0. Page 391.) (April 2).
upper
Feb 7, 2013
Committee
Referred to Com. on T. & H.
upper
1 primary · 0 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
Mark DeSaulnier
DDemocratic
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