Health and Safety Code — Part 62 | HSC — United States — California law | Esheria

Health and Safety Code

Part 62 of 87 · provisions 12,201–12,400

This section says the act is to be known as the Health and Safety Code.

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About this statute

The Legislature states findings supporting a unified, single-payer-style health care financing system for all Californians. The State Department of Health Services is renamed the State Department of Health Care Services, and its retained functions continue with the renamed department. The Director of Health Care Services is appointed by the Governor with Senate confirmation, the director receives a salary set by law, and the Governor may appoint up to two chief deputies on the director’s recommendation. The director has the powers of a department head under the cited Government Code chapter. The Department of Health Services has a Division of Rural Health, and that division must administer specified chapters and sections.

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Provisions of Health and Safety Code

Showing 200 of 17,333

  1. 33673.1.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 6. Taxation [33670 - 33679] ( Article 6 added by Stats. 1963, Ch. 1812. )

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    A redevelopment agency must notify the local assessor within 30 days after leasing redevelopment-project real property, and the notice must include the beneficial-use date, a memorandum of lease, and a map.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 6. Taxation [33670 - 33679] ( Article 6 added by Stats. 1963, Ch. 1812. ) ## 33673.1. Every redevelopment agency shall provide notice to the local assessor within 30 days whenever the agency leases real property in a redevelopment project to any person or persons for redevelopment. The notice shall provide the date on which the lessee acquires the beneficial use of the leased property. The notice shall be accompanied by a memorandum of lease and a map of the leased property. (Added by Stats. 1985, Ch. 650, Sec. 1.)
  2. 33674.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 6. Taxation [33670 - 33679] ( Article 6 added by Stats. 1963, Ch. 1812. )

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    The referenced portion of taxes cannot be first allocated or paid until a later tax year starts, after the specified December 1 following the required document transmittal.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 6. Taxation [33670 - 33679] ( Article 6 added by Stats. 1963, Ch. 1812. ) ## 33674. The portion of taxes mentioned in subdivision (b) of Section 33670 shall not be allocable and payable for the first time until the tax year which begins after the December 1st next following the transmittal of the documents as required in Section 33375 or Section 33457. (Amended by Stats. 1997, Ch. 940, Sec. 3. Effective January 1, 1998.)
  3. 33675.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 6. Taxation [33670 - 33679] ( Article 6 added by Stats. 1963, Ch. 1812. )

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    Redevelopment agencies must file annual indebtedness and reconciliation statements, and county auditors must allocate and pay the tax portion under the section’s procedure.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 6. Taxation [33670 - 33679] ( Article 6 added by Stats. 1963, Ch. 1812. ) ## 33675. (a) The portion of taxes required to be allocated pursuant to subdivision (b) of Section 33670 shall be allocated and paid to the agency by the county auditor or officer responsible for the payment of taxes into the funds of the respective taxing entities pursuant to the procedure contained in this section. (b) Not later than October 1 of each year, for each redevelopment project for which the redevelopment plan provides for the division of taxes pursuant to Section 33670, the agency shall file, with the county auditor or officer described in subdivision (a), a statement of indebtedness and a reconciliation statement certified by the chief financial officer of the agency. (c) (1) For each redevelopment project for which a statement of indebtedness is required to be filed, the statement of indebtedness shall contain all of the following: (A) For each loan, advance, or indebtedness incurred or entered into, all of the following information: (i) The date the loan, advance, or indebtedness was incurred or entered into. (ii) The principal amount, term, purpose, interest rate, and total interest of each loan, advance, or indebtedness. (iii) The principal amount and interest due in the fiscal year in which the statement of indebtedness is filed for each loan, advance, or indebtedness. (iv) The total amount of principal and interest remaining to be paid for each loan, advance, or indebtedness. (B) The sum of the amounts determined under clause (iii) of subparagraph (A). (C) The sum of the amounts determined under clause (iv) of subparagraph (A). (D) The available revenues as of the end of the previous year, as determined pursuant to paragraph (10) of subdivision (d). (2) The agency may estimate the amount of principal or interest, the interest rate, or term of any loan, advance, or indebtedness if the nature of the loan, advance, or indebtedness is such that the amount of principal or interest, the interest rate or term cannot be precisely determined. The agency may list on a statement of indebtedness any loan, advance, or indebtedness incurred or entered into on or before the date the statement is filed. (d) For each redevelopment project for which a reconciliation statement is required to be filed, the reconciliation statement shall contain all of the following: (1) A list of all loans, advances, and indebtedness listed on the previous year’s statement of indebtedness. (2) (A) A list of all loans, advances, and indebtedness, not listed on the previous year’s statement of indebtedness, but incurred or entered into in the previous year and paid in whole or in part from revenue received by the agency pursuant to Section 33670. This listing may aggregate loans, advances, and indebtedness incurred or entered into in the previous year for a particular purpose (such as relocation expenses, administrative expenses, consultant expenses, or property management expenses) into a single item in the listing. (B) For purposes of this section, any payment made pursuant to Section 33684 shall be considered as payment against existing passthrough payment indebtedness as listed on the agency’s statement of indebtedness. If the most recent statement of indebtedness documents failed to include all or a part of the agency’s obligation to the passthrough payments, those obligations shall be added to the next statement of indebtedness to be filed and shall include both current payments plus all future passthrough obligations. (3) For each loan, advance, or indebtedness described in paragraph (1) or (2), all of the following information: (A) The total amount of principal and interest remaining to be paid as of the later of the beginning of the previous year or the date the loan, advance, or indebtedness was incurred or entered into. (B) Any increases or additions to the loan, advance, or indebtedness occurring during the previous year. (C) The amount paid on the loan, advance, or indebtedness in the previous year from revenue received by the agency pursuant to Section 33670. (D) The amount paid on the loan, advance, or indebtedness in the previous year from revenue other than revenue received by the agency pursuant to Section 33670. (E) The total amount of principal and interest remaining to be paid as of the end of the previous fiscal year. (4) The available revenues of the agency as of the beginning of the previous fiscal year. (5) The amount of revenue received by the agency in the previous fiscal year pursuant to Section 33670. (6) The amount of available revenue received by the agency in the previous fiscal year other than pursuant to Section 33670. (7) The sum of the amounts specified in subparagraph (D) of paragraph (3), to the extent that the amounts are not included as available revenues pursuant to paragraph (6). (8) The sum of the amounts specified in paragraphs (4), (5), (6), and (7). (9) The sum of the amounts specified in subparagraphs (C) and (D) of paragraph (3). (10) The amount determined by subtracting the amount determined under paragraph (9) from the amount determined under paragraph (8). The amount determined pursuant to this paragraph shall be the available revenues as of the end of the previous fiscal year. (e) For the purposes of this section, available revenues shall include all cash or cash equivalents held by the agency that were received by the agency pursuant to Section 33670 and all cash or cash equivalents held by the agency that are irrevocably pledged or restricted to payment of a loan, advance, or indebtedness that the agency has listed on a statement of indebtedness. In no event shall available revenues include funds in the agency’s Low and Moderate Income Housing Fund established pursuant to Section 33334.3. For the purposes of determining available revenues as of the end of the 1992–93 fiscal year, an agency shall conduct an examination or audit of its books and records for the 1990–91, 1991–92, and 1992–93 fiscal years to determine the available revenues as of the end of the 1992–93 fiscal year. (f) For the purposes of this section, the amount an agency will deposit in its Low and Moderate Income Housing Fund established pursuant to Section 33334.3 shall constitute an indebtedness of the agency. For the purposes of this section, no loan, advance, or indebtedness that an agency intends to pay from its Low and Moderate Income Housing Fund established pursuant to Section 33334.3 shall be listed on a statement of indebtedness or reconciliation statement as a loan, advance, or indebtedness of the agency. For the purposes of this section, any statutorily authorized deficit in or borrowing from an agency’s Low and Moderate Income Housing Fund established pursuant to Section 33334.3 shall constitute an indebtedness of the agency. (g) The county auditor or officer shall, at the same time or times as the payment of taxes into the funds of the respective taxing entities of the county, allocate and pay the portion of taxes provided by subdivision (b) of Section 33670 to each agency. The amount allocated and paid shall not exceed the amount determined pursuant to subparagraph (C) of paragraph (1) of subdivision (c) minus the amount determined pursuant to subparagraph (D) of paragraph (1) of subdivision (c). (h) (1) The statement of indebtedness constitutes prima facie evidence of the loans, advances, or indebtedness of the agency. (2) (A) If the county auditor or other officer disputes the amount of loans, advances, or indebtedness as shown on the statement of indebtedness, the county auditor or other officer shall, within 30 days after receipt of the statement, give written notice to the agency thereof. (B) The agency shall, within 30 days after receipt of notice pursuant to subparagraph (A), submit any further information it deems appropriate to substantiate the amount of any loans, advances, or indebtedness which has been disputed. If the county auditor or other officer still disputes the amount of loans, advances, or indebtedness, final written notice of that dispute shall be given to the agency, and the amount disputed may be withheld from allocation and payment to the agency as otherwise required by subdivision (g). In that event, the auditor or other officer shall bring an action in the superior court in declaratory relief to determine the matter not later than 90 days after the date of the final notice. (3) In any court action brought pursuant to this section, the issue shall involve only the amount of loans, advances, or indebtedness, and not the validity of any contract or debt instrument or any expenditures pursuant thereto. Payments to a trustee under a bond resolution or indenture of any kind or payments to a public agency in connection with payments by that public agency pursuant to a lease or bond issue shall not be disputed in any action under this section. The matter shall be set for trial at the earliest possible date and shall take precedence over all other cases except older matters of the same character. Unless an action is brought within the time provided for herein, the auditor or other officer shall allocate and pay the amount shown on the statement of indebtedness as provided in subdivision (g). (i) Nothing in this section shall be construed to permit a challenge to or attack on matters precluded from challenge or attack by reason of Sections 33500 and 33501. However, nothing in this section shall be construed to deny a remedy against the agency otherwise provided by law. (j) The Controller shall prescribe a uniform form of statement of indebtedness and reconciliation statement. These forms shall be consistent with this section. In preparing these forms, the Controller shall obtain the input of county auditors, redevelopment agencies, and organizations of county auditors and redevelopment agencies. (k) For the purposes of this section, a fiscal year shall be a year that begins on July 1 and ends the following June 30. (Amended by Stats. 2008, Ch. 751, Sec. 50. Effective September 30, 2008.)
  4. 33676.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 6. Taxation [33670 - 33679] ( Article 6 added by Stats. 1963, Ch. 1812. )

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    This section lets affected taxing agencies elect to receive certain tax allocations before a redevelopment plan is adopted, while requiring school districts and community college districts to be allocated the specified revenues.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 6. Taxation [33670 - 33679] ( Article 6 added by Stats. 1963, Ch. 1812. ) ## 33676. (a) Prior to the adoption by the legislative body of a redevelopment plan providing for tax increment financing pursuant to Section 33670, any affected taxing agency may elect to be allocated, and every school district and community college district shall be allocated, in addition to the portion of taxes allocated to the affected taxing agency pursuant to subdivision (a) of Section 33670, all or any portion of the tax revenues allocated to the agency pursuant to subdivision (b) of Section 33670 attributable to one or more of the following: (1) Increases in the rate of tax imposed for the benefit of the taxing agency which levy occurs after the tax year in which the ordinance adopting the redevelopment plan becomes effective. (2) If an agency pursuant to Section 33354.5 amends a redevelopment plan which does not utilize tax increment financing to add tax increment financing, and pursuant to subdivision (a) of Section 33670 uses the assessment roll last equalized prior to the effective date of the ordinance originally adopting the redevelopment plan, an affected taxing agency may elect to be allocated all or any portion of the tax revenues allocated to the agency pursuant to subdivision (b) of Section 33670 which the affected taxing agency would receive if the agency were to use the assessment roll last equalized prior to the effective date of the ordinance amending the redevelopment plan to add tax increment financing. (b) (1) Any local education agency that is a basic aid district or office at the time the ordinance adopting a redevelopment plan is adopted and that receives no state funding, other than that provided pursuant to Section 6 of Article IX of the California Constitution, pursuant to Section 2558, 42238, or 84751, as appropriate, of the Education Code, shall receive annually its percentage share of the property taxes from the project area allocated among all of the affected taxing entities during the fiscal year the funds are allocated, increased by an amount equal to the lesser of the following: (A) The percentage growth in assessed value that occurs throughout the district, excluding the portion of the district within the redevelopment project area. (B) Eighty percent of the growth in assessed value that occurs within the portion of the district within the redevelopment project area. (2) Subparagraphs (A) and (B) of paragraph (1) shall not apply to a redevelopment plan adopted by the legislative body of a community if both of the following occur: (A) The median household income in the community in which the redevelopment project area is located is less than 80 percent of the median household income in the county in which the redevelopment project area is located. (B) The preliminary plan for the redevelopment plan was adopted on or before September 1, 1993, and the redevelopment plan was adopted on or before August 1, 1994. (3) Any local education agency that is a basic aid district or office at the time the ordinance amending a redevelopment plan is adopted pursuant to Section 33607.7 and that receives no state funding, other than that provided pursuant to Section 6 of Article IX of the California Constitution, pursuant to Section 2558, 42238, or 84751, as appropriate, of the Education Code, shall receive either of the following: (A) If an agreement exists that requires payments to the basic aid district, the amount required to be paid by an agreement between the agency and the basic aid district entered into prior to January 1, 1994. (B) If an agreement does not exist, the percentage share of the increase in property taxes from the project area allocated among all of the affected taxing entities during the fiscal year the funds in the project area are allocated, derived from 80 percent of the growth in assessed value that occurs within the portion of the district within the redevelopment project area from the year in which the amendment takes effect pursuant to subdivision (c) of Section 33607.7. (4) The redevelopment agency shall subtract from any payments made pursuant to this section the amount that a basic aid district receives pursuant to Sections 33607.5 and 33607.7 for the purposes of either paragraph (1) of subdivision (h) of Section 42238 of the Education Code or either Section 2558 or 84751 of the Education Code. (c) The governing body of any affected taxing agency, other than a school district and a community college district, electing to receive allocation of taxes pursuant to this section in addition to taxes allocated to it pursuant to subdivision (a) of Section 33670 shall adopt a resolution to that effect and transmit the same, prior to the adoption of the redevelopment plan, to (1) the legislative body, (2) the agency, and (3) the official or officials performing the functions of levying and collecting taxes for the affected taxing agency. Upon receipt by the official or officials of the resolution, allocation of taxes pursuant to this section to the affected taxing agency which has elected to receive the allocation pursuant to this section by the adoption of the resolution and allocation of taxes pursuant to this section to every school district and community college district shall be made at the time or times allocations are made pursuant to subdivision (a) of Section 33670. (d) An affected taxing agency, at any time after the adoption of the resolution, may elect not to receive all or any portion of the additional allocation of taxes pursuant to this section by rescinding the resolution or by amending the same, as the case may be, and giving notice thereof to the legislative body, the agency, and the official or officials performing the functions of levying and collecting taxes for the affected taxing agency. After receipt of a notice by the official or officials that an affected taxing agency has elected not to receive all or a portion of the additional allocation of taxes by rescission or amendment of the resolution, any allocation of taxes to the affected taxing agency required to be made pursuant to this section shall not thereafter be made but shall be allocated to the agency and the affected taxing agency shall thereafter be allocated only the portion of taxes provided for in subdivision (a) of Section 33670. After receipt of a notice by the official or officials that an affected taxing agency has elected to receive additional tax revenues attributable to only a portion of the increases in the rate of tax, only that portion of the tax revenues shall thereafter be allocated to the affected taxing agency in addition to the portion of taxes allocated pursuant to subdivision (a) of Section 33670, and the remaining portion thereof shall be allocated to the agency. (e) As used in this section, “affected taxing agency” means and includes every public agency for the benefit of which a tax is levied upon property in the project area, whether levied by the public agency or on its behalf by another public agency. (f) This section shall apply only to redevelopment projects for which a final redevelopment plan is adopted pursuant to Article 5 (commencing with Section 33360) of Chapter 4 on or after January 1, 1977. (Amended by Stats. 1996, Ch. 799, Sec. 19. Effective January 1, 1997.)
  5. 33677.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 6. Taxation [33670 - 33679] ( Article 6 added by Stats. 1963, Ch. 1812. )

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    Taxes allocated to the redevelopment agency under Section 33670 must be separately computed for each relevant project area and land addition.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 6. Taxation [33670 - 33679] ( Article 6 added by Stats. 1963, Ch. 1812. ) ## 33677. The amount of taxes allocated to the redevelopment agency pursuant to Section 33670 shall be separately computed for each constituent project area merged into a single project area pursuant to Section 33460, and for the original project area and each separate addition of land to the project area made by amendment of the redevelopment plan pursuant to Section 33450. The section is declaratory of existing law with respect to amendments to redevelopment plans. (Added by renumbering Section 33675 by Stats. 1977, Ch. 579.)
  6. 33677.5.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 6. Taxation [33670 - 33679] ( Article 6 added by Stats. 1963, Ch. 1812. )

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    A county auditor may offset excess property tax revenues only against the same redevelopment project, not against another project.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 6. Taxation [33670 - 33679] ( Article 6 added by Stats. 1963, Ch. 1812. ) ## 33677.5. A county auditor shall only offset excess amounts of property tax revenues allocated to a redevelopment project against property tax revenues of that redevelopment project, and not against the property tax revenues of another redevelopment project governed by the same redevelopment agency. (Added by Stats. 1992, Ch. 636, Sec. 2. Effective January 1, 1993.)
  7. 33678.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 6. Taxation [33670 - 33679] ( Article 6 added by Stats. 1963, Ch. 1812. )

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    This section says certain tax allocations and payments to a redevelopment agency are not treated as tax proceeds or appropriations under the California Constitution, and it defines “redevelopment activity” for this section.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 6. Taxation [33670 - 33679] ( Article 6 added by Stats. 1963, Ch. 1812. ) ## 33678. (a) This section implements and fulfills the intent of this article and of Article XIII B and Section 16 of Article XVI of the California Constitution. The allocation and payment to an agency of the portion of taxes specified in subdivision (b) of Section 33670 for the purpose of paying principal of, or interest on, loans, advances, or indebtedness incurred for redevelopment activity, as defined in subdivision (b) of this section, shall not be deemed the receipt by an agency of proceeds of taxes levied by or on behalf of the agency within the meaning or for the purposes of Article XIII B of the California Constitution, nor shall such portion of taxes be deemed receipt of proceeds of taxes by, or an appropriation subject to limitation of, any other public body within the meaning or for purposes of Article XIII B of the California Constitution or any statutory provision enacted in implementation of Article XIII B. The allocation and payment to an agency of this portion of taxes shall not be deemed the appropriation by a redevelopment agency of proceeds of taxes levied by or on behalf of a redevelopment agency within the meaning or for purposes of Article XIII B of the California Constitution. (b) As used in this section, “redevelopment activity” means either of the following: (1) Redevelopment meeting all of the following criteria: (A) Is redevelopment as prescribed in Sections 33020 and 33021. (B) Primarily benefits the project area. (C) None of the funds are used for the purpose of paying for employee or contractual services of any local governmental agency unless these services are directly related to the purpose of Sections 33020 and 33021 and the powers established in this part. (2) Payments authorized by Section 33607.5. (c) Should any law hereafter enacted, without a vote of the electorate, confer taxing power upon an agency, the exercise of that power by the agency in any fiscal year shall be deemed a transfer of financial responsibility from the community to the agency for that fiscal year within the meaning of subdivision (a) of Section 3 of Article XIII B of the California Constitution. (Amended by Stats. 1993, Ch. 942, Sec. 35. Effective January 1, 1994.)
  8. 33679.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 6. Taxation [33670 - 33679] ( Article 6 added by Stats. 1963, Ch. 1812. )

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    Before using allocated tax revenue for certain publicly owned buildings, the legislative body must hold a public hearing and publish notice of it.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 6. Taxation [33670 - 33679] ( Article 6 added by Stats. 1963, Ch. 1812. ) ## 33679. Before an agency commits to use the portion of taxes to be allocated and paid to an agency pursuant to subdivision (b) of Section 33670 for the purpose of paying all or part of the value of the land for, and the cost of the installation and construction of, any publicly owned building, other than parking facilities, the legislative body shall hold a public hearing. Notice of the time and place of the public hearing shall be published in a newspaper of general circulation in the community for at least two successive weeks prior to the public hearing. There shall be available for public inspection and copying, at a cost not to exceed the cost of duplication, a summary that includes all of the following: (a) Estimates of the amount of the taxes proposed to be used to pay for the land and construction of any publicly owned building, including interest payments. (b) Sets forth the facts supporting the determinations required to be made by the legislative body pursuant to Section 33445 or the findings required to be made by the legislative body pursuant to Section 33445.1. (c) Sets forth the redevelopment purpose for which the taxes are being used to pay for the land and construction of the publicly owned building. The summary shall be made available to the public for inspection and copying no later than the time of the first publication of the notice of the public hearing. (Amended by Stats. 2009, Ch. 555, Sec. 4. (SB 93) Effective January 1, 2010.)
  9. 33680.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 7. School Finance [33680 - 33692] ( Article 7 added by Stats. 1992, Ch. 699, Sec. 7. )

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    This section states legislative findings about why financially sound schools and community colleges matter to redevelopment areas, and why redevelopment agencies made or may need to make additional payments to support them.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 7. School Finance [33680 - 33692] ( Article 7 added by Stats. 1992, Ch. 699, Sec. 7. ) ## 33680. (a) The Legislature finds and declares that the effectuation of the primary purposes of the Community Redevelopment Law, including job creation, attracting new private commercial investments, the physical and social improvement of residential neighborhoods, and the provision and maintenance of low- and moderate-income housing, is dependent upon the existence of an adequate and financially solvent school system which is capable of providing for the safety and education of students who live within both redevelopment project areas and housing assisted by redevelopment agencies. The attraction of new businesses to redevelopment project areas depends upon the existence of an adequately trained work force, which can only be accomplished if education at the primary and secondary schools is adequate and general education and job training at community colleges is available. The ability of communities to build residential development and attract residents in redevelopment project areas depends upon the existence of adequately maintained and operating schools serving the redevelopment project area. The development and maintenance of low- and moderate-income housing both within redevelopment project areas and throughout the community can only be successful if adequate schools exist to serve the residents of this housing. (b) Redevelopment agencies have financially assisted schools which benefit and serve the project area by paying part or all of land and the construction of school facilities and other improvements pursuant to the authority in Section 33445. Redevelopment agencies have financially assisted schools to alleviate the financial burden or detriment caused by the establishment of redevelopment project areas pursuant to the authority in Sections 33401 and 33445.5. Funds also have been allocated to schools and community colleges pursuant to the authority in Section 33676. (c) The Legislature further finds and declares that, because of the reduced funds available to the state to assist schools and community colleges which benefit and serve redevelopment project areas during the 1992–93, 1993–94, and 1994–95 fiscal years, it is necessary for redevelopment agencies to make additional payments to assist the programs and operations of these schools and colleges in order to ensure that the objectives stated in this section can be met. The Legislature further finds and declares that the payments to schools and community college districts pursuant to Section 33681 are of benefit to redevelopment project areas. (d) The Legislature further finds and declares all of the following: (1) Because of the reduced funds available to the state to assist schools that benefit and serve redevelopment project areas during the 2008–09 fiscal year, it is necessary for redevelopment agencies to make additional payments to assist the programs and operations of these schools to ensure that the objectives stated in this section can be met. (2) The payments to schools pursuant to Section 33685 are of benefit to redevelopment project areas. (Amended by Stats. 2008, Ch. 751, Sec. 51. Effective September 30, 2008.)
  10. 33681.10.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 7. School Finance [33680 - 33692] ( Article 7 added by Stats. 1992, Ch. 699, Sec. 7. )

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    This section lets a redevelopment agency reduce a required auditor allocation only in limited 2003–04 circumstances, and it requires specific resolutions, review, an agreement with the legislative body, and possible county auditor transfer action if the agency cannot transmit the full amount.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 7. School Finance [33680 - 33692] ( Article 7 added by Stats. 1992, Ch. 699, Sec. 7. ) ## 33681.10. (a) (1) For the purposes of this section, “existing indebtedness” means one or more of the following obligations incurred by a redevelopment agency prior to the effective date of this section, the payment of which is to be made in whole or in part, directly or indirectly, out of taxes allocated to the agency pursuant to Section 33670, and that is required by law or provision of the existing indebtedness to be made during the fiscal year of the relevant allocation required by Section 33681.9: (A) Bonds, notes, interim certificates, debentures, or other obligations issued by the agency, whether funded, refunded, assumed, or otherwise, pursuant to Article 5 (commencing with Section 33640). (B) Loans or moneys advanced to the agency, including, but not limited to, loans from federal, state, or local agencies, or a private entity. (C) A contractual obligation that, if breached, could subject the agency to damages or other liabilities or remedies. (D) An obligation incurred pursuant to Section 33445. (E) Indebtedness incurred pursuant to Section 33334.2. (F) An amount, to be expended for the operation and administration of the agency, that may not exceed 90 percent of the amount spent for those purposes in the 2001–02 fiscal year. (G) Obligations imposed by law with respect to activities that occurred prior to the effective date of the act that adds this section. (2) Existing indebtedness incurred prior to the effective date of this section may be refinanced, refunded, or restructured after that date, and shall remain existing indebtedness for the purposes of this section, if the annual debt service during that fiscal year does not increase over the prior fiscal year and the refinancing does not reduce the ability of the agency to make the payment required by subdivision (a) of Section 33681.9. (3) For the purposes of this section, indebtedness shall be deemed to be incurred prior to the effective date of this section if the agency has entered into a binding contract subject to normal marketing conditions, to deliver the indebtedness, or if the redevelopment agency has received bids for the sale of the indebtedness prior to that date and the indebtedness is issued for value and evidence thereof is delivered to the initial purchaser no later than 30 days after the date of the contract or sale. (b) During the 2003–04 fiscal year, an agency that has adopted a resolution pursuant to subdivision (c) may, pursuant to subdivision (a) of Section 33681.9, allocate to the auditor less than the amount required by subdivision (a) of Section 33681.9, if the agency finds that either of the following has occurred: (1) That the difference between the amount allocated to the agency and the amount required by subdivision (a) of Section 33681.9 is necessary to make payments on existing indebtedness that are due or required to be committed, set aside, or reserved by the agency during the applicable fiscal year and that are used by the agency for that purpose, and the agency has no other funds that can be used to pay this existing indebtedness, and no other feasible method to reduce or avoid this indebtedness. (2) The agency has no other funds to make the allocation required by subdivision (a) of Section 33681.9. (c) (1) Any agency that, pursuant to subdivision (b), intends to allocate to the auditor less than the amount required by subdivision (a) of Section 33681.9 shall adopt, prior to December 31, 2003, after a noticed public hearing, a resolution that lists all of the following: (A) Each existing indebtedness incurred prior to the effective date of this section. (B) Each indebtedness on which a payment is required to be made during the 2003–04 fiscal year. (C) The amount of each payment, the time when it is required to be paid, and the total of the payments required to be made during the 2003–04 fiscal year. For indebtedness that bears interest at a variable rate, or for short-term indebtedness that is maturing during the fiscal year and that is expected to be refinanced, the amount of payments during the fiscal year shall be estimated by the agency. (2) The information contained in the resolution required by this subdivision shall be reviewed for accuracy by the chief fiscal officer of the agency. (3) The legislative body shall additionally adopt the resolution required by this section. (d) (1) Any agency that, pursuant to subdivision (b), determines that it will be unable in the 2003–04 fiscal year, to allocate the full amount required by subdivision (a) of Section 33681.9 shall, subject to paragraph (3), enter into an agreement with the legislative body by February 15, 2004, to fund the payment of the difference between the full amount required to be paid pursuant to subdivision (a) of Section 33681.9 and the amount available for allocation by the agency. (2) The obligations imposed by paragraph (1) are hereby declared to be indebtedness incurred by the redevelopment agency to finance a portion of a redevelopment project within the meaning of Section 16 of Article XVI of the California Constitution. This indebtedness shall be payable from tax revenues allocated to the agency pursuant to Section 33670, and any other funds received by the agency. The obligations imposed by paragraph (1) shall remain an indebtedness of the agency to the legislative body until paid in full, or until the agency and the legislative body otherwise agree. (3) The agreement described in paragraph (1) shall be subject to these terms and conditions specified in a written agreement between the legislative body and the agency. (e) If the agency fails, under either Section 33681.9 or subdivision (d), to transmit the full amount of funds required by Section 33681.9, is precluded by court order from transmitting that amount, or is otherwise unable to meet its full obligation pursuant to Section 33681.9, the county auditor, by no later than May 15, 2004, shall transfer any amount necessary to meet the obligation determined for that agency in paragraph (1) of subdivision (c) of Section 33681.9 from the legislative body’s property tax allocation pursuant to Chapter 6 (commencing with Section 95) of Part 0.5 of Division 1 of the Revenue and Taxation Code. (Added by Stats. 2003, Ch. 260, Sec. 5. Effective September 2, 2003.)
  11. 33681.11.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 7. School Finance [33680 - 33692] ( Article 7 added by Stats. 1992, Ch. 699, Sec. 7. )

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    A legislative body may make a substitute remittance by May 10, 2004, but not from an agency’s Low and Moderate Income Housing Fund; if it does not pay in full, the county auditor must transfer the needed amount by May 15, 2004.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 7. School Finance [33680 - 33692] ( Article 7 added by Stats. 1992, Ch. 699, Sec. 7. ) ## 33681.11. (a) In lieu of the remittance required by Section 33681.9, during the 2003–04 fiscal year, a legislative body may, prior to May 10, 2004, remit an amount equal to the amount determined for the agency pursuant to subparagraph (I) of paragraph (2) of subdivision (a) of Section 33681.9 to the county auditor for deposit in the county’s Educational Revenue Augmentation Fund created pursuant to Article 3 (commencing with Section 97) of Chapter 6 of Part 0.5 of Division 1 of the Revenue and Taxation Code. (b) The legislative body may make the remittance authorized by this section from any funds that are legally available for this purpose. No moneys held in an agency’s Low and Moderate Income Housing Fund shall be used for this purpose. (c) If the legislative body, pursuant to subdivision (d) of Section 33681.9, reported to the county auditor that it intended to remit the amount in lieu of the agency and the legislative body fails to transmit the full amount as authorized by this section by May 10, 2004, the county auditor, no later than May 15, 2004, shall transfer an amount necessary to meet the obligation from the legislative body’s property tax allocation pursuant to Chapter 6 (commencing with Section 95) of Part 0.5 of Division 1 of the Revenue and Taxation Code. If the amount of the legislative body’s property tax allocation is not sufficient to meet this obligation, the county auditor shall transfer an additional amount necessary to meet this obligation from the property tax increment revenue apportioned to the agency pursuant to Section 33670, provided that no moneys allocated to the agency’s Low and Moderate Income Housing Fund shall be used for this purpose. (Added by Stats. 2003, Ch. 260, Sec. 6. Effective September 2, 2003.)
  12. 33681.12.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 7. School Finance [33680 - 33692] ( Article 7 added by Stats. 1992, Ch. 699, Sec. 7. )

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    A redevelopment agency must remit specified amounts to the county auditor by May 10 in the 2004–05 and 2005–06 fiscal years, and the Director of Finance must make related calculations and notices by November 15.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 7. School Finance [33680 - 33692] ( Article 7 added by Stats. 1992, Ch. 699, Sec. 7. ) ## 33681.12. (a) (1) During the 2004–05 fiscal year, a redevelopment agency shall, prior to May 10, remit an amount equal to the amount determined for that agency pursuant to subparagraph (I) of paragraph (2) to the county auditor for deposit in the county’s Educational Revenue Augmentation Fund created pursuant to Article 3 (commencing with Section 97) of Chapter 6 of Part 0.5 of Division 1 of the Revenue and Taxation Code. During the 2005–06 fiscal year, a redevelopment agency shall, prior to May 10, remit an amount equal to the amount determined for that agency pursuant to subparagraph (I) of paragraph (2) to the county auditor for deposit in the county’s Educational Revenue Augmentation Fund created pursuant to Article 3 (commencing with Section 97) of Chapter 6 of Part 0.5 of Division 1 of the Revenue and Taxation Code. (2) For the 2004–05 and 2005–06 fiscal years, on or before November 15, the Director of Finance shall do all of the following: (A) Determine the net tax increment apportioned to each agency pursuant to Section 33670, excluding any amounts apportioned to affected taxing agencies pursuant to Section 33401, 33607.5, or 33676. (B) Determine the net tax increment apportioned to all agencies pursuant to Section 33670, excluding any amounts apportioned to affected taxing agencies pursuant to Section 33401, 33607.5, or 33676. (C) Determine a percentage factor by dividing one hundred twenty-five million dollars ($125,000,000) by the amount determined pursuant to subparagraph (B). (D) Determine an amount for each agency by multiplying the amount determined pursuant to subparagraph (A) by the percentage factor determined pursuant to subparagraph (C). (E) Determine the total amount of property tax revenue apportioned to each agency pursuant to Section 33670, including any amounts apportioned to affected taxing agencies pursuant to Section 33401, 33607.5, or 33676. (F) Determine the total amount of property tax revenue apportioned to all agencies pursuant to Section 33670, including any amounts apportioned to affected taxing agencies pursuant to Section 33401, 33607.5, or 33676. (G) Determine a percentage factor by dividing one hundred twenty-five million dollars ($125,000,000) by the amount determined pursuant to subparagraph (F). (H) Determine an amount for each agency by multiplying the amount determined pursuant to subparagraph (E) by the percentage factor determined pursuant to subparagraph (G). (I) Add the amount determined pursuant to subparagraph (D) to the amount determined pursuant to subparagraph (H). (J) Notify each agency and each legislative body of the amount determined pursuant to subparagraph (I). (K) Notify each county auditor of the amounts determined pursuant to subparagraph (I) for each agency in his or her county. (3) The obligation of any agency to make the payments required pursuant to this subdivision shall be subordinate to the lien of any pledge of collateral securing, directly or indirectly, the payment of the principal, or interest on any bonds of the agency including, without limitation, bonds secured by a pledge of taxes allocated to the agency pursuant to Section 33670. (b) (1) Notwithstanding Sections 33334.2, 33334.3, and 33334.6, and any other provision of law, in order to make the full allocation required by this section, an agency may borrow up to 50 percent of the amount required to be allocated to the Low and Moderate Income Housing Fund pursuant to Sections 33334.2, 33334.3, and 33334.6 during the 2004–05 fiscal year and, if applicable, the 2005–06 fiscal year, unless executed contracts exist that would be impaired if the agency reduced the amount allocated to the Low and Moderate Income Housing Fund pursuant to the authority of this subdivision. (2) As a condition of borrowing pursuant to this subdivision, an agency shall make a finding that there are insufficient other moneys to meet the requirements of subdivision (a). Funds borrowed pursuant to this subdivision shall be repaid in full within 10 years following the date on which moneys are remitted to the county auditor for deposit in the county’s Educational Revenue Augmentation Fund pursuant to subdivision (a). (c) In order to make the allocation required by this section, an agency may use any funds that are legally available and not legally obligated for other uses, including, but not limited to, reserve funds, proceeds of land sales, proceeds of bonds or other indebtedness, lease revenues, interest, and other earned income. No moneys held in a low- and moderate-income fund as of July 1 of the applicable fiscal year may be used for this purpose. (d) The legislative body shall by March 1 report to the county auditor as to how the agency intends to fund the allocation required by this section, or that the legislative body intends to remit the amount in lieu of the agency pursuant to Section 33681.14. (e) The allocation obligations imposed by this section, including amounts owed, if any, created under this section, are hereby declared to be an indebtedness of the redevelopment project to which they relate, payable from taxes allocated to the agency pursuant to Section 33670, and shall constitute an indebtedness of the agency with respect to the redevelopment project until paid in full. (f) It is the intent of the Legislature, in enacting this section, that these allocations directly or indirectly assist in the financing or refinancing, in whole or in part, of the community’s redevelopment project pursuant to Section 16 of Article XVI of the California Constitution. (g) In making the determinations required by subdivision (a), the Director of Finance shall use those amounts reported as the “Tax Increment Retained by Agency” for all agencies and for each agency in the most recent published edition of the Controller’s Community Redevelopment Agencies Annual Report made pursuant to Section 12463.3 of the Government Code. (h) If revised reports have been accepted by the Controller on or before September 1, 2005, the Director of Finance shall use appropriate data that has been certified by the Controller for the purpose of making the determinations required by subdivision (a). (i) (1) Notwithstanding any other provision of law, a city, city and county, or county redevelopment agency may enter into a loan agreement with the legislative body to have the agency remit to the county’s Educational Revenue Augmentation Fund for each of the 2004–05 and 2005–06 fiscal years an amount greater than that determined pursuant to subparagraph (I) of paragraph (2) of subdivision (a) or, for the 2009–10 fiscal year, to have the agency remit to the county auditor on the city’s, city and county’s, or county’s behalf all or a portion of the reduction amount determined for the county under Section 100.06 of the Revenue and Taxation Code, if, in either instance, all of the following conditions are met: (A) The agency does not exercise its authority under subdivision (b) to borrow from its Low and Moderate Income Housing Fund to finance its payments to the county’s Educational Revenue Augmentation Fund or to the county auditor. (B) The agency does not have any outstanding loans from its Low and Moderate Income Housing Fund that were made under subdivision (b) of Section 33681.7, or subdivision (b) of Section 33681.9. (C) The loan agreement requires the city, city and county, or county to repay any excess remitted amounts or amounts paid to the city, city and county, or county auditor on the county’s behalf in the 2009–10 fiscal year, including interest, to the agency within three fiscal years subsequent to the fiscal year in which the loan is made. (D) The agency making the loan does not participate in pooled borrowing under Section 33681.15. (2) A loan agreement described in paragraph (1) shall be transmitted to the county auditor not later than December 1 of the fiscal year in which the loan is made. Any amount remitted by the agency to the county Educational Revenue Augmentation Fund for the 2004–05 or 2005–06 fiscal year in excess of the amount determined pursuant to paragraph (1) of subdivision (a) shall be credited to the amount that would otherwise be subtracted by the county auditor pursuant to subdivision (a) of Section 97.71 of the Revenue and Taxation Code for, as applicable, the 2004–05 and 2005–06 fiscal years. (3) Notwithstanding subparagraph (C) of paragraph (1), a county redevelopment agency and a legislative body that have entered into a loan agreement for the 2004–05 or 2005–06 fiscal year under paragraph (1) may, by mutual consent, adopt either or both of the following modifications to that agreement: (A) The repayment period may be extended, but the full repayment shall be completed no later than June 30, 2021. (B) The repayment obligation may be offset by the amount of any expenditures by the county for capital improvements or deferred maintenance that substantially benefit any or all of the redevelopment project areas of the redevelopment agency if the agency approves the expenditure and the agency adopts a finding that the expenditure furthers the goals and objectives of the agency’s redevelopment plan or plans. (Amended by Stats. 2009, Ch. 634, Sec. 7. (SB 67) Effective October 19, 2009.)
  13. 33681.13.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 7. School Finance [33680 - 33692] ( Article 7 added by Stats. 1992, Ch. 699, Sec. 7. )

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    This section defines “existing indebtedness” and sets reporting, resolution, agreement, and transfer rules for redevelopment agencies and related officials.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 7. School Finance [33680 - 33692] ( Article 7 added by Stats. 1992, Ch. 699, Sec. 7. ) ## 33681.13. (a) (1) For the purpose of this section, “existing indebtedness” means one or more of the following obligations incurred by a redevelopment agency prior to the effective date of this section, the payment of which is to be made in whole or in part, directly or indirectly, out of taxes allocated to the agency pursuant to Section 33670, and that is required by law or provision of the existing indebtedness to be made during the fiscal year of the relevant allocation required by Section 33681.12. (A) Bonds, notes, interim certificates, debentures, or other obligations issued by the agency whether funded, refunded, assumed, or otherwise pursuant to Article 5 (commencing with Section 33640). (B) Loans or moneys advanced to the agency, including, but not limited to, loans from federal, state, or local agencies, or a private entity. (C) A contractual obligation that, if breached, could subject the agency to damages or other liabilities or remedies. (D) An obligation incurred pursuant to Section 33445. (E) Indebtedness incurred pursuant to Section 33334.2. (F) An amount, to be expended for the operation and administration of the agency, that may not exceed 90 percent of the amount spent for those purposes in the 2002–03 fiscal year. (G) Obligations imposed by law with respect to activities that occurred prior to the effective date of the act that adds this section. (2) Existing indebtedness incurred prior to the effective date of this section may be refinanced, refunded, or restructured after that date, and shall remain existing indebtedness for the purposes of this section, if the annual debt service during that fiscal year does not increase over the prior fiscal year and the refinancing does not reduce the ability of the agency to make the payment required by subdivision (a) of Section 33681.12. (3) For the purposes of this section, indebtedness shall be deemed to be incurred prior to the effective date of this section if the agency has entered into a binding contract subject to normal marketing conditions, to deliver the indebtedness, or if the redevelopment agency has received bids for the sale of the indebtedness prior to that date and the indebtedness is issued for value and evidence thereof is delivered to the initial purchaser no later than 30 days after the date of the contract or sale. (b) During the 2004–05 and 2005–06 fiscal years, an agency that has adopted a resolution pursuant to subdivision (c) may, pursuant to subdivision (a) of Section 33681.12, allocate to the auditor less than the amount required by subdivision (a) of Section 33681.12, if the agency finds that either of the following has occurred: (1) That the difference between the amount allocated to the agency and the amount required by subdivision (a) of Section 33681.12 is necessary to make payments on existing indebtedness that are due or required to be committed, set aside, or reserved by the agency during the applicable fiscal year and that are used by the agency for that purpose, and the agency has no other funds that can be used to pay this existing indebtedness, and no other feasible method to reduce or avoid this indebtedness. (2) The agency has no other funds to make the allocation required by subdivision (a) of Section 33681.12. (c) (1) Any agency that, pursuant to subdivision (b), intends to allocate to the auditor less than the amount required by subdivision (a) of Section 33681.12 shall adopt, prior to December 31 of the applicable fiscal year, after a noticed public hearing, a resolution that lists all of the following: (A) Each existing indebtedness incurred prior to the effective date of this section. (B) Each indebtedness on which a payment is required to be made during the applicable fiscal year. (C) The amount of each payment, the time when it is required to be paid, and the total of the payments required to be made during the applicable fiscal year. For indebtedness that bears interest at a variable rate, or for short-term indebtedness that is maturing during the fiscal year and that is expected to be refinanced, the amount of payments during the fiscal year shall be estimated by the agency. (2) The information contained in the resolution required by this subdivision shall be reviewed for accuracy by the chief fiscal officer of the agency. (3) The legislative body shall additionally adopt the resolution required by this section. (d) (1) Any agency that, pursuant to subdivision (b), determines that it will be unable either in the 2004–05 or the 2005–06 fiscal year, to allocate the full amount required by subdivision (a) of Section 33681.12 shall, subject to paragraph (3), enter into an agreement with the legislative body by February 15 of the applicable fiscal year, to fund the payment of the difference between the full amount required to be paid pursuant to subdivision (a) of Section 33681.12 and the amount available for allocation by the agency. (2) The obligations imposed by paragraph (1) are hereby declared to be indebtedness incurred by the redevelopment agency to finance a portion of a redevelopment project within the meaning of Section 16 of Article XVI of the California Constitution. This indebtedness shall be payable from tax revenues allocated to the agency pursuant to Section 33670, and any other funds received by the agency. The obligations imposed by paragraph (1) shall remain an indebtedness of the agency to the legislative body until paid in full, or until the agency and the legislative body otherwise agree. (3) The agreement described in paragraph (1) shall be subject to these terms and conditions specified in a written agreement between the legislative body and the agency. (e) If the agency fails, under either Section 33681.12 or subdivision (d), to transmit the full amount of funds required by Section 33681.12, is precluded by court order from transmitting that amount, or is otherwise unable to meet its full obligation pursuant to Section 33681.12, the county auditor, by no later than May 15 of the applicable fiscal year, shall transfer any amount necessary to meet the obligation determined for that agency in paragraph (1) of subdivision (c) of Section 33681.12 from the legislative body’s allocations pursuant to Chapter 6 (commencing with Section 95) of Part 0.5 of Division 1 of the Revenue and Taxation Code. (Added by Stats. 2004, Ch. 211, Sec. 16. Effective August 5, 2004.)
  14. 33681.14.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 7. School Finance [33680 - 33692] ( Article 7 added by Stats. 1992, Ch. 699, Sec. 7. )

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    A legislative body may, in place of a required remittance, send a specified amount to the county auditor by May 10 in the 2004–05 or 2005–06 fiscal year, and it may use legally available funds except housing-fund money.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 7. School Finance [33680 - 33692] ( Article 7 added by Stats. 1992, Ch. 699, Sec. 7. ) ## 33681.14. (a) In lieu of the remittance required by Section 33681.12, during either the 2004–05 or 2005–06 fiscal year, a legislative body may, prior to May 10 of the applicable fiscal year, remit an amount equal to the amount determined for the agency pursuant to subparagraph (I) of paragraph (2) of subdivision (a) of Section 33681.12 to the county auditor for deposit in the county’s Educational Revenue Augmentation Fund created pursuant to Article 3 (commencing with Section 97) of Chapter 6 of Part 0.5 of Division 1 of the Revenue and Taxation Code. (b) The legislative body may make the remittance authorized by this section from any funds that are legally available for this purpose. No moneys held in an agency’s Low and Moderate Income Housing Fund shall be used for this purpose. (c) If the legislative body, pursuant to subdivision (d) of Section 33681.12, reported to the county auditor that it intended to remit the amount in lieu of the agency and the legislative body fails to transmit the full amount as authorized by this section by May 10 of the applicable fiscal year, the county auditor, no later than May 15 of the applicable fiscal year, shall transfer an amount necessary to meet the obligation from the legislative body’s allocations pursuant to Chapter 6 (commencing with Section 95) of Part 0.5 of Division 1 of the Revenue and Taxation Code. If the amount of the legislative body’s allocations are not sufficient to meet this obligation, the county auditor shall transfer an additional amount necessary to meet this obligation from the property tax increment revenue apportioned to the agency pursuant to Section 33670, provided that no moneys allocated to the agency’s Low and Moderate Income Housing Fund shall be used for this purpose. (Added by Stats. 2004, Ch. 211, Sec. 17. Effective August 5, 2004.)
  15. 33681.15.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 7. School Finance [33680 - 33692] ( Article 7 added by Stats. 1992, Ch. 699, Sec. 7. )

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    This section lets a qualifying authorized issuer issue debt and lets an agency, with required approval, agree to repay the loan; it also sets repayment, notice, and lien rules if repayment is late.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 7. School Finance [33680 - 33692] ( Article 7 added by Stats. 1992, Ch. 699, Sec. 7. ) ## 33681.15. (a) For the purposes of this section, an “authorized issuer” is limited to a joint powers entity created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code that consists of no less than 100 local agencies issuing bonds pursuant to the Marks-Roos Local Bond Pooling Act of 1984 (commencing with Section 6584) of the Government Code. (b) An authorized issuer may issue bonds, notes, or other evidence of indebtedness to provide net proceeds to make one or more loans to one or more redevelopment agencies to be used by the agency to timely make the payment required by Section 33681.12. (c) With the prior approval of the legislative body by adoption of a resolution by a majority of that body that recites that a first lien on the property tax revenues allocated to the legislative body will be created in accordance with subdivision (h), an agency may enter into an agreement with an authorized issuer issuing bonds pursuant to subdivision (b) to repay a loan used to make the payment required by Section 33681.12, notwithstanding the expiration of the time limit on establishing loans, advances, advances and indebtedness, and the time limit on repayment of indebtedness. For the purpose of calculating the amount that has been divided and allocated to the redevelopment agency to determine whether the limitation adopted pursuant to Section 33333.2 or 33333.4 or pursuant to an agreement or court order has been reached, any funds used to repay a loan entered into pursuant to this section shall be deducted from the amount of property tax revenue deemed to have been received by the agency. (d) A loan made pursuant to this section shall be repayable by the agency from any available funds of the agency not otherwise obligated for other uses and shall be repayable by the agency on a basis subordinate to all existing and future obligations of the agency. (e) Upon making a loan to an agency pursuant to this section, the trustee for the bonds issued to provide the funds to make the loan shall timely pay, on behalf of the agency, to the county auditor of the county in which the agency is located the net proceeds (after payment of costs of issuance, credit enhancement costs, and reserves, if any) of the loan in payment in full or in part, as directed by the agency, of the amount required to be paid by the agency pursuant to Section 33681.12 and shall provide the county auditor with the repayment schedule for the loan, together with the name of the trustee. (f) In the event the agency shall, at any time and from time to time, fail to repay timely the loan in accordance with the schedule provided to the county auditor, the trustee for the bonds shall promptly notify the county auditor of the amount of the payment on the loan that is past due. (g) The county auditor shall reallocate from the legislative body and shall pay, on behalf of the agency, the past due amount from the first available proceeds of the property tax allocation that would otherwise be transferred to the legislative body pursuant to Chapter 6 (commencing with Section 95) of Part 0.5 of Division 1 of the Revenue and Taxation Code. This transfer shall be deemed a reallocation of the property tax revenue from the legislative body to the agency for the purpose of payment of the loan, and not as a payment by the legislative body on the loan. (h) To secure repayment of a loan to an agency made pursuant to this section, the trustee for the bonds issued to provide the funds to make the loan shall have a lien on the property tax revenues allocated to the legislative body pursuant to Chapter 6 (commencing with Section 95) of Part 0.5 of Division 1 of the Revenue and Taxation Code. This lien shall arise by operation of this section automatically upon the making of the loan without the need for any action on the part of any person. This lien shall be valid, binding, perfected, and enforceable against the legislative body, its successors, creditors, purchasers, and all others asserting rights in those property tax revenues, irrespective of whether those persons have notice of the lien, irrespective of the fact that the property tax revenues subject to the lien may be commingled with other property, and without the need for physical delivery, recordation, public notice, or any other act. This lien shall be a first priority lien on these property tax revenues. This lien shall not apply to any portion of the property taxes allocated to the agency pursuant to Section 33670. (Added by Stats. 2004, Ch. 610, Sec. 5. Effective September 20, 2004.)
  16. 33681.6.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 7. School Finance [33680 - 33692] ( Article 7 added by Stats. 1992, Ch. 699, Sec. 7. )

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    The amount calculated under Section 33681.5 must not include tax increment allocated to the downtown project area of a charter city that meets the Section 33608 criteria.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 7. School Finance [33680 - 33692] ( Article 7 added by Stats. 1992, Ch. 699, Sec. 7. ) ## 33681.6. Notwithstanding any other provision of this article to the contrary, the amount determined pursuant to subparagraphs (A) and (B) of paragraph (2) of subdivision (a) of Section 33681.5 shall not include any tax increment apportioned to the downtown project area of a charter city meeting all of the criteria specified in Section 33608. (Added by Stats. 1993, Ch. 905, Sec. 6. Effective October 8, 1993.)
  17. 33681.7.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 7. School Finance [33680 - 33692] ( Article 7 added by Stats. 1992, Ch. 699, Sec. 7. )

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    This section requires redevelopment agencies to remit a calculated amount by May 10, and requires the Director of Finance and the legislative body to make specified determinations and reports on set dates. It also allows limited borrowing and use of certain legally available funds to meet the allocation requirement.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 7. School Finance [33680 - 33692] ( Article 7 added by Stats. 1992, Ch. 699, Sec. 7. ) ## 33681.7. (a) (1) During the 2002–03 fiscal year, a redevelopment agency shall, prior to May 10, remit an amount equal to the amount determined for that agency pursuant to subparagraph (I) of paragraph (2) to the county auditor for deposit in the county’s Educational Revenue Augmentation Fund created pursuant to Article 3 (commencing with Section 97) of Chapter 6 of Part 0.5 of Division 1 of the Revenue and Taxation Code. (2) For the 2002–03 fiscal year, on or before October 1, the Director of Finance shall do all of the following: (A) Determine the net tax increment apportioned to each agency pursuant to Section 33670, excluding any amounts apportioned to affected taxing agencies pursuant to Section 33401 or 33676, in the 2000–01 fiscal year. (B) Determine the net tax increment apportioned to all agencies pursuant to Section 33670, excluding any amounts apportioned to affected taxing agencies pursuant to Section 33401 or 33676, in the 2000–01 fiscal year. (C) Determine a percentage factor by dividing thirty-seven million five hundred thousand dollars ($37,500,000) by the amount determined pursuant to subparagraph (B). (D) Determine an amount for each agency by multiplying the amount determined pursuant to subparagraph (A) by the percentage factor determined pursuant to subparagraph (C). (E) Determine the total amount of property tax revenue apportioned to each agency pursuant to Section 33670, including any amounts apportioned to affected taxing agencies pursuant to Section 33401 or 33676, in the 2000–01 fiscal year. (F) Determine the total amount of property tax revenue apportioned to all agencies pursuant to Section 33670, including any amounts apportioned to affected taxing agencies pursuant to Section 33401 or 33676, in the 2000–01 fiscal year. (G) Determine a percentage factor by dividing thirty-seven million five hundred thousand dollars ($37,500,000) by the amount determined pursuant to subparagraph (F). (H) Determine an amount for each agency by multiplying the amount determined pursuant to subparagraph (E) by the percentage factor determined pursuant to subparagraph (G). (I) Add the amount determined pursuant to subparagraph (D) to the amount determined pursuant to subparagraph (H). (J) Notify each agency and each legislative body of the amount determined pursuant to subparagraph (I). (K) Notify each county auditor of the amounts determined pursuant to subparagraph (I) for each agency in his or her county. (b) (1) Notwithstanding Sections 33334.2, 33334.3, and 33334.6, and any other provision of law, in order to make the full allocation required by this section, an agency may borrow up to 50 percent of the amount required to be allocated to the Low and Moderate Income Housing Fund pursuant to Sections 33334.2, 33334.3, and 33334.6 during the 2002–03 fiscal year, unless executed contracts exist that would be impaired if the agency reduced the amount allocated to the Low and Moderate Income Housing Fund pursuant to the authority of this subdivision. (2) As a condition of borrowing pursuant to this subdivision, an agency shall make a finding that there are insufficient other moneys to meet the requirements of subdivision (a). Funds borrowed pursuant to this subdivision shall be repaid in full within 10 years following the date on which moneys were borrowed. (c) In order to make the allocation required by this section, an agency may use any funds that are legally available and not legally obligated for other uses, including, but not limited to, reserve funds, proceeds of land sales, proceeds of bonds or other indebtedness, lease revenues, interest, and other earned income. No moneys held in a low- and moderate-income fund as of July 1 of that fiscal year may be used for this purpose. (d) The legislative body shall by March 1 report to the county auditor as to how the agency intends to fund the allocation required by this section. (e) The allocation obligations imposed by this section, including amounts owed, if any, created under this section, are hereby declared to be an indebtedness of the redevelopment project to which they relate, payable from taxes allocated to the agency pursuant to Section 33670, and shall constitute an indebtedness of the agency with respect to the redevelopment project until paid in full. (f) It is the intent of the Legislature, in enacting this section, that these allocations directly or indirectly assist in the financing or refinancing, in whole or in part, of the community’s redevelopment projects pursuant to Section 16 of Article XVI of the California Constitution. (g) In making the determinations required by subdivision (a), the Director of Finance shall use those amounts reported as the “Tax Increment Retained by Agency” for all agencies and for each agency in Table 7 of the 2000–01 fiscal year Controller’s State of California Community Redevelopment Agencies Annual Report. (h) If revised reports have been accepted by the Controller on or before January 1, 2003, the Director of Finance shall use appropriate data that has been certified by the Controller for the purpose of making the determinations required by subdivision (a). (Added by Stats. 2002, Ch. 1127, Sec. 15. Effective September 30, 2002.)
  18. 33681.8.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 7. School Finance [33680 - 33692] ( Article 7 added by Stats. 1992, Ch. 699, Sec. 7. )

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    This section defines “existing indebtedness” and allows certain redevelopment agencies to allocate less than required in 2002–03 if they adopt a resolution and meet stated conditions. It also requires an agreement with the legislative body in some cases and lets the county auditor transfer funds if the agency cannot meet its obligation.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 7. School Finance [33680 - 33692] ( Article 7 added by Stats. 1992, Ch. 699, Sec. 7. ) ## 33681.8. (a) (1) For the purposes of this section, “existing indebtedness” means one or more of the following obligations incurred by a redevelopment agency prior to the effective date of this section, the payment of which is to be made in whole or in part, directly or indirectly, out of taxes allocated to the agency pursuant to Section 33670, and that is required by law or provision of the existing indebtedness to be made during the fiscal year of the relevant allocation required by Section 33681.7: (A) Bonds, notes, interim certificates, debentures, or other obligations issued by the agency, whether funded, refunded, assumed, or otherwise, pursuant to Article 5 (commencing with Section 33640). (B) Loans or moneys advanced to the agency, including, but not limited to, loans from federal, state, or local agencies, or a private entity. (C) A contractual obligation that, if breached, could subject the agency to damages or other liabilities or remedies. (D) An obligation incurred pursuant to Section 33445. (E) Indebtedness incurred pursuant to Section 33334.2. (F) An amount, to be expended for the operation and administration of the agency, that may not exceed 90 percent of the amount spent for those purposes in the 2000–01 fiscal year. (G) Obligations imposed by law with respect to activities that occurred prior to the effective date of the act that adds this section. (2) Existing indebtedness incurred prior to the effective date of this section may be refinanced, refunded, or restructured after that date, and shall remain existing indebtedness for the purposes of this section, if the annual debt service during that fiscal year does not increase over the prior fiscal year and the refinancing does not reduce the ability of the agency to make the payment required by subdivision (a) of Section 33681.7. (3) For the purposes of this section, indebtedness shall be deemed to be incurred prior to the effective date of this section if the agency has entered into a binding contract subject to normal marketing conditions, to deliver the indebtedness, or if the redevelopment agency has received bids for the sale of the indebtedness prior to that date and the indebtedness is issued for value and evidence thereof is delivered to the initial purchaser no later than 30 days after the date of the contract or sale. (b) During the 2002–03 fiscal year, an agency that has adopted a resolution pursuant to subdivision (c) may, pursuant to subdivision (a) of Section 33681.7, allocate to the auditor less than the amount required by subdivision (a) of Section 33681.7, if the agency finds that either of the following has occurred: (1) That the difference between the amount allocated to the agency and the amount required by subdivision (a) of Section 33681.7 is necessary to make payments on existing indebtedness that are due or required to be committed, set aside, or reserved by the agency during the applicable fiscal year and that are used by the agency for that purpose, and the agency has no other funds that can be used to pay this existing indebtedness, and no other feasible method to reduce or avoid this indebtedness. (2) The agency has no other funds to make the allocation required by subdivision (a) of Section 33681.7. (c) (1) Any agency that, pursuant to subdivision (b), allocates to the auditor less than the amount required by subdivision (a) of Section 33681.7 shall adopt, prior to December 31, 2002, after a noticed public hearing, a resolution that lists all of the following: (A) Each existing indebtedness incurred prior to the effective date of this section. (B) Each indebtedness on which a payment is required to be made during the 2002–03 fiscal year. (C) The amount of each payment, the time when it is required to be paid, and the total of the payments required to be made during the 2002–03 fiscal year. For indebtedness that bears interest at a variable rate, or for short-term indebtedness that is maturing during the fiscal year and that is expected to be refinanced, the amount of payments during the fiscal year shall be estimated by the agency. (2) The information contained in the resolution required by this subdivision shall be reviewed for accuracy by the chief fiscal officer of the agency. (3) The legislative body shall additionally adopt the resolution required by this section. (d) (1) Any agency that, pursuant to subdivision (b), determines that it will be unable in the 2002–03 fiscal year, to allocate the full amount required by subdivision (a) of Section 33681.7 shall, subject to paragraph (3), enter into an agreement with the legislative body by February 15, 2003, to fund the payment of the difference between the full amount required to be paid pursuant to subdivision (a) of Section 33681.7 and the amount available for allocation by the agency. (2) The obligations imposed by paragraph (1) are hereby declared to be indebtedness incurred by the redevelopment agency to finance a portion of a redevelopment project within the meaning of Section 16 of Article XVI of the California Constitution. This indebtedness shall be payable from tax revenues allocated to the agency pursuant to Section 33670, and any other funds received by the agency. The obligations imposed by paragraph (1) shall remain an indebtedness of the agency to the legislative body until paid in full, or until the agency and the legislative body otherwise agree. (3) The agreement described in paragraph (1) shall be subject to these terms and conditions specified in a written agreement between the legislative body and the agency. (e) If the agency fails, under either Section 33681.7 or subdivision (d), to transmit the full amount of funds required by Section 33681.7, is precluded by court order from transmitting that amount, or is otherwise unable to meet its full obligation pursuant to Section 33681.7, the county auditor, by no later than May 15, 2003, shall transfer any amount necessary to meet the obligation determined for that agency in subparagraph (D) of paragraph (2) of subdivision (a) of Section 33681.7 from the legislative body’s property tax allocation pursuant to Chapter 6 (commencing with Section 95) of Part 0.5 of Division 1 of the Revenue and Taxation Code. (Added by Stats. 2002, Ch. 1127, Sec. 16. Effective September 30, 2002.)
  19. 33681.9.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 7. School Finance [33680 - 33692] ( Article 7 added by Stats. 1992, Ch. 699, Sec. 7. )

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    This section requires a redevelopment agency to remit a calculated amount to the county auditor by May 10 for deposit in the county fund, and sets related finance, borrowing, repayment, reporting, and funding rules for 2003–04.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 7. School Finance [33680 - 33692] ( Article 7 added by Stats. 1992, Ch. 699, Sec. 7. ) ## 33681.9. (a) (1) During the 2003–04 fiscal year, a redevelopment agency shall, prior to May 10, remit an amount equal to the amount determined for that agency pursuant to subparagraph (I) of paragraph (2) to the county auditor for deposit in the county’s Educational Revenue Augmentation Fund created pursuant to Article 3 (commencing with Section 97) of Chapter 6 of Part 0.5 of Division 1 of the Revenue and Taxation Code. (2) For the 2003–04 fiscal year, on or before October 1, the Director of Finance shall do all of the following: (A) Determine the net tax increment apportioned to each agency pursuant to Section 33670, excluding any amounts apportioned to affected taxing agencies pursuant to Section 33401, 33607.5, or 33676, in the 2001–02 fiscal year. (B) Determine the net tax increment apportioned to all agencies pursuant to Section 33670, excluding any amounts apportioned to affected taxing agencies pursuant to Section 33401, 33607.5, or 33676, in the 2001–02 fiscal year. (C) Determine a percentage factor by dividing sixty-seven million five hundred thousand dollars ($67,500,000) by the amount determined pursuant to subparagraph (B). (D) Determine an amount for each agency by multiplying the amount determined pursuant to subparagraph (A) by the percentage factor determined pursuant to subparagraph (C). (E) Determine the total amount of property tax revenue apportioned to each agency pursuant to Section 33670, including any amounts apportioned to affected taxing agencies pursuant to Section 33401, 33607.5, or 33676, in the 2001–02 fiscal year. (F) Determine the total amount of property tax revenue apportioned to all agencies pursuant to Section 33670, including any amounts apportioned to affected taxing agencies pursuant to Section 33401, 33607.5, or 33676, in the 2001–02 fiscal year. (G) Determine a percentage factor by dividing sixty-seven million five hundred thousand dollars ($67,500,000) by the amount determined pursuant to subparagraph (F). (H) Determine an amount for each agency by multiplying the amount determined pursuant to subparagraph (E) by the percentage factor determined pursuant to subparagraph (G). (I) Add the amount determined pursuant to subparagraph (D) to the amount determined pursuant to subparagraph (H). (J) Notify each agency and each legislative body of the amount determined pursuant to subparagraph (I). (K) Notify each county auditor of the amounts determined pursuant to subparagraph (I) for each agency in his or her county. (b) (1) Notwithstanding Sections 33334.2, 33334.3, and 33334.6, and any other provision of law, in order to make the full allocation required by this section, an agency may borrow up to 50 percent of the amount required to be allocated to the Low and Moderate Income Housing Fund pursuant to Sections 33334.2, 33334.3, and 33334.6 during the 2003–04 fiscal year, unless executed contracts exist that would be impaired if the agency reduced the amount allocated to the Low and Moderate Income Housing Fund pursuant to the authority of this subdivision. (2) As a condition of borrowing pursuant to this subdivision, an agency shall make a finding that there are insufficient other moneys to meet the requirements of subdivision (a). Funds borrowed pursuant to this subdivision shall be repaid in full within 10 years following the date on which moneys were borrowed. (c) In order to make the allocation required by this section, an agency may use any funds that are legally available and not legally obligated for other uses, including, but not limited to, reserve funds, proceeds of land sales, proceeds of bonds or other indebtedness, lease revenues, interest, and other earned income. No moneys held in a low- and moderate-income fund as of July 1 of that fiscal year may be used for this purpose. (d) The legislative body shall by March 1 report to the county auditor as to how the agency intends to fund the allocation required by this section, or that the legislative body intends to remit the amount in lieu of the agency pursuant to Section 33681.11. (e) The allocation obligations imposed by this section, including amounts owed, if any, created under this section, are hereby declared to be an indebtedness of the redevelopment project to which they relate, payable from taxes allocated to the agency pursuant to Section 33670, and shall constitute an indebtedness of the agency with respect to the redevelopment project until paid in full. (f) It is the intent of the Legislature, in enacting this section, that these allocations directly or indirectly assist in the financing or refinancing, in whole or in part, of the community’s redevelopment projects pursuant to Section 16 of Article XVI of the California Constitution. (g) In making the determinations required by subdivision (a), the Director of Finance shall use those amounts reported as the “Tax Increment Retained by Agency” for all agencies and for each agency in Table 7 of the 2001–02 fiscal year Controller’s State of California Community Redevelopment Agencies Annual Report. (h) If revised reports have been accepted by the Controller on or before January 1, 2004, the Director of Finance shall use appropriate data that has been certified by the Controller for the purpose of making the determinations required by subdivision (a). (Added by Stats. 2003, Ch. 260, Sec. 4. Effective September 2, 2003.)
  20. 33682.1.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 7. School Finance [33680 - 33692] ( Article 7 added by Stats. 1992, Ch. 699, Sec. 7. )

    Verify source ↗

    This section expands the meaning of “existing indebtedness” for Section 33682 and says the section does not apply retroactively.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 7. School Finance [33680 - 33692] ( Article 7 added by Stats. 1992, Ch. 699, Sec. 7. ) ## 33682.1. For purposes of Section 33682, “existing indebtedness” also means an obligation incurred pursuant to a reimbursement agreement made for the purpose of funding an unfunded liability of a fire and police retirement system of a charter city meeting all of the criteria specified in Section 33608. This section shall not be applied retroactively. (Added by Stats. 1993, Ch. 905, Sec. 7. Effective October 8, 1993.)
  21. 33682.5.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 7. School Finance [33680 - 33692] ( Article 7 added by Stats. 1992, Ch. 699, Sec. 7. )

    Verify source ↗

    This section defines “existing indebtedness” and sets special rules for certain redevelopment agencies to reduce allocations, adopt resolutions, make an agreement with the legislative body, and allow the county auditor to transfer funds if the agency cannot meet its full payment obligation.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 7. School Finance [33680 - 33692] ( Article 7 added by Stats. 1992, Ch. 699, Sec. 7. ) ## 33682.5. (a) (1) For the purposes of this section, “existing indebtedness” means one or more of the following obligations incurred by a redevelopment agency prior to the effective date of the statute that adds this chapter, the payment of which is to be made in whole or in part, directly or indirectly, out of taxes allocated to the agency pursuant to Section 33670, and which is required by law or provision of the existing indebtedness to be made during the fiscal year of the relevant allocation required by Section 33681.5: (A) Bonds, notes, interim certificates, debentures, or other obligations issued by an agency (whether funded, refunded, assumed, or otherwise) pursuant to Article 5 (commencing with Section 33640). (B) Loans or moneys advanced to the agency, including, but not limited to, loans from federal, state, or local agencies, or a private entity. (C) A contractual obligation that, if breached, could subject the agency to damages or other liabilities or remedies. (D) An obligation incurred pursuant to Section 33445. (E) Indebtedness incurred pursuant to Section 33334.2. (F) An amount, to be expended for the operation and administration of the agency, that may not exceed 90 percent of the amount spent for those purposes in the 1991–92 fiscal year. (G) Obligations imposed by law with respect to activities which occurred prior to the effective date of the act that adds this chapter. (2) Existing indebtedness incurred prior to the effective date of the statute that adds this article may be refinanced, refunded, or restructured after that date, and shall remain existing indebtedness for the purposes of this section, if the annual debt service during that fiscal year does not increase over the prior fiscal year and the refinancing does not reduce the ability of the agency to make the payment required by subdivision (a) of Section 33681.5. (3) For the purposes of this section, indebtedness shall be deemed to be incurred prior to the effective date of this chapter if the agency has entered into a binding contract subject to normal marketing conditions, to deliver the indebtedness, or if the redevelopment agency has received bids for the sale of the indebtedness prior to that date and the indebtedness is issued for value and evidence thereof is delivered to the initial purchaser no later than 30 days after the date of the contract or sale. (b) During the 1993–94 or 1994–95 fiscal year, an agency that has adopted a resolution pursuant to subdivision (c) may, pursuant to subdivision (a) of Section 33681.5, allocate to the auditor less than the amount required by subdivision (a) of Section 33681.5, if the agency finds that either of the following has occurred: (1) That the difference between the amount allocated and the amount required by subdivision (a) of Section 33681.5 is necessary to make payments on existing indebtedness that are due or required to be committed, set aside, or reserved by the agency during the applicable fiscal year and that are used by the agency for that purpose, and the agency has no other funds that can be used to pay this existing indebtedness, and no other feasible method to reduce or avoid this indebtedness. (2) The agency has no other funds to make the allocation required by subdivision (a) of Section 33681.5. (c) (1) Any agency that, pursuant to subdivision (b), allocates to the auditor less than the amount required by subdivision (a) of Section 33681.5 shall adopt, prior to December 31 of the relevant fiscal year, after a noticed public hearing, a resolution which lists all of the following: (A) Each existing indebtedness incurred prior to the effective date of the act that adds this article. (B) Each indebtedness on which a payment is required to be made during the relevant fiscal year. (C) The amount of each payment, the time when it is required to be paid, and the total of the payments required to be made during the relevant fiscal year. For indebtedness that bears interest at a variable rate, or for short-term indebtedness that is maturing during the fiscal year and expected to be refinanced, the amount of payments during the fiscal year shall be estimated by the agency. (2) The information contained in the resolution required by this subdivision shall be reviewed for accuracy by the chief fiscal officer of the agency. (3) The legislative body shall additionally adopt the resolution required by this section. (d) (1) Any agency that, pursuant to subdivision (b), determines that it will be unable in either the 1993–94 or 1994–95 fiscal year to allocate the full amount required by subdivision (a) of Section 33681.5 shall, subject to paragraph (3), enter into an agreement with the legislative body by February 15 of the relevant fiscal year to fund the payment of the difference between the full amount required to be paid pursuant to subdivision (a) of Section 33681.5 and the amount available for allocation by the agency. (2) The obligations imposed by paragraph (1) are hereby declared to be indebtedness incurred by the redevelopment agency to finance a portion of a redevelopment project within the meaning of Section 16 of Article XVI the California Constitution. This indebtedness shall be payable from tax revenues allocated to the agency pursuant to Section 33670, and any other funds received by the agency. The obligations imposed by paragraph (1) shall remain an indebtedness of the agency to the legislative body until paid in full, or until the agency and the legislative body otherwise agree. (3) The agreement described in paragraph (1) shall be subject to these terms and conditions specified in a written agreement between the legislative body and the agency. (e) If the agency fails, under either Section 33681.5 or subdivision (d), to transmit the full amount of funds required by Section 33681.5, is precluded by court order from transmitting that amount, or is otherwise unable to meet its full obligation pursuant to Section 33681.5, the county auditor, by no later than May 15 of the fiscal year, shall transfer any amount necessary to meet the obligation determined for that agency in subparagraph (D) of paragraph (2) of subdivision (a) of Section 33681.5 from the legislative body’s property tax allocation pursuant to Chapter 6 (commencing with Section 95) of Part 0.5 of Division 1 of the Revenue and Taxation Code. (Added by Stats. 1993, Ch. 68, Sec. 6. Effective June 30, 1993.)
  22. 33683.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 7. School Finance [33680 - 33692] ( Article 7 added by Stats. 1992, Ch. 699, Sec. 7. )

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    When calculating whether certain redevelopment agency limits have been reached, specified payments made with property tax revenues must be deducted from the property tax dollars counted as received by the agency.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 7. School Finance [33680 - 33692] ( Article 7 added by Stats. 1992, Ch. 699, Sec. 7. ) ## 33683. For the purpose of calculating the amount that has been divided and allocated to the redevelopment agency to determine whether the limitation adopted pursuant to Section 33333.2 or 33333.4 or pursuant to agreement or court order has been reached, any payments made pursuant to subdivision (a) of Sections 33681, 33681.5, 33681.7, 33681.9, and 33681.12 or subdivision (d) of Sections 33681.8, 33681.10, 33682, and 33682.5 with property tax revenues shall be deducted from the amount of property tax dollars deemed to have been received by the agency. (Amended by Stats. 2004, Ch. 211, Sec. 18. Effective August 5, 2004.)
  23. 33684.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 7. School Finance [33680 - 33692] ( Article 7 added by Stats. 1992, Ch. 699, Sec. 7. )

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    Agencies covered by this section must file required passthrough-payment reports, and some agencies face spending, borrowing, and project-area limits if they are listed in the Controller’s report.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 7. School Finance [33680 - 33692] ( Article 7 added by Stats. 1992, Ch. 699, Sec. 7. ) ## 33684. (a) (1) This section shall apply to each redevelopment project area that, pursuant to a redevelopment plan that contains the provisions required by Section 33670, meets any of the following: (A) Was adopted on or after January 1, 1994, including later amendments to these redevelopment plans. (B) Was adopted prior to January 1, 1994, but amended after January 1, 1994, to include new territory. For plans amended after January 1, 1994, only the tax increments from territory added by the amendment shall be subject to this section. (C) Was adopted prior to January 1, 1994, but amended after January 1, 1994, to increase the limitation on the number of dollars to be allocated to the agency or that increased, or eliminated, pursuant to paragraph (1) of subdivision (e) of Section 33333.6, the time limit on the establishing of loans, advances, and indebtedness established pursuant to paragraphs (1) and (2) of subdivision (a) of Section 33333.6, as those paragraphs read on December 31, 2001, or that lengthened the period during which the redevelopment plan is effective if the redevelopment plan being amended contains the provisions required by subdivision (b) of Section 33670. (2) This section shall apply to passthrough payments, as required by Sections 33607.5 and 33607.7, for the 2003–04 to 2008–09, inclusive, fiscal years. For purposes of this section, a passthrough payment shall be considered the responsibility of an agency in the fiscal year the agency receives the tax increment revenue for which the passthrough payment is required. (3) For purposes of this section, “local educational agency” is a school district, a community college district, or a county office of education. (b) On or before October 1, 2008, each agency shall submit a report to the county auditor and to each affected taxing entity that describes each project area, including its location, purpose, date established, date or dates amended, and statutory and contractual passthrough requirements. The report shall specify, by year, for each project area all of the following: (1) Gross tax increment received between July 1, 2003, and June 30, 2008, that is subject to a passthrough payment pursuant to Sections 33607.5 and 33607.7, and accumulated gross tax increments through June 30, 2003. (2) Total passthrough payments to each taxing entity that the agency deferred pursuant to a subordination agreement approved by the taxing agency under subdivision (e) of Section 33607.5 and the dates these deferred payments will be made. (3) Total passthrough payments to each taxing entity that the agency was responsible to make between July 1, 2003, and June 30, 2008, pursuant to Sections 33607.5 and 33607.7, excluding payments identified in paragraph (2). (4) Total passthrough payments that the agency disbursed to each taxing entity between July 1, 2003, and June 30, 2008, pursuant to Sections 33607.5 and 33607.7. (5) Total sums reported in paragraph (4) for each local educational agency that are considered to be property taxes under the provisions of paragraph (4) of subdivision (a) of Section 33607.5 and Section 33607.7. (6) Total outstanding payment obligations to each taxing entity as of June 30, 2008. This amount shall be calculated by subtracting the amounts reported in paragraph (4) from paragraph (3) and reporting any positive difference. (7) Total outstanding overpayments to each taxing entity as of June 30, 2008. This amount shall be calculated by subtracting the amounts reported in paragraph (3) from paragraph (4) and reporting any positive difference. (8) The dates on which the agency made payments identified in paragraph (6) or intends to make the payments identified in paragraph (6). (9) A revised estimate of the agency’s total outstanding passthrough payment obligation to each taxing agency pursuant to paragraph (6) of subdivision (b) and paragraph (6) of subdivision (c) and the dates on which the agency intends to make these payments. (c) On or before October 1, 2009, each agency shall submit a report to the county auditor and to each affected taxing entity that describes each project area, including its location, purpose, date established, date or dates amended, and statutory and contractual passthrough requirements. The report shall specify, by year, for each project area all of the following: (1) Gross tax increment received between July 1, 2008, and June 30, 2009, that is subject to a passthrough payment pursuant to Sections 33607.5 and 33607.7. (2) Total passthrough payments to each taxing entity that the agency deferred pursuant to a subordination agreement approved by the taxing entity under subdivision (e) of Section 33607.5 and the dates these deferred payments will be made. (3) Total passthrough payments to each taxing entity that the agency was responsible to make between July 1, 2008, and June 30, 2009, pursuant to Sections 33607.5 and 33607.7, excluding payments identified in paragraph (2). (4) Total passthrough payments that the agency disbursed to each taxing entity between July 1, 2008, and June 30, 2009, pursuant to Sections 33607.5 and 33607.7. (5) Total sums reported in paragraph (4) for each local educational agency that are considered to be property taxes under the provisions of paragraph (4) of subdivision (a) of Sections 33607.5 and 33607.7. (6) Total outstanding payment obligations to each taxing entity as of June 30, 2009. This amount shall be calculated by subtracting the amounts reported in paragraph (4) from paragraph (3) and reporting any positive difference. (7) Total outstanding overpayments to each taxing entity as of June 30, 2009. This amount shall be calculated by subtracting the amounts reported in paragraph (3) from paragraph (4) and reporting any positive difference. (8) The dates on which the agency made payments identified in paragraph (6) or intends to make the payments identified in paragraph (6). (d) If an agency reports pursuant to paragraph (6) of subdivision (b) or paragraph (6) of subdivision (c) that it has an outstanding passthrough payment obligation to any taxing entity, the agency shall submit annual updates to the county auditor on October 1 of each year until such time as the county auditor notifies the agency in writing that the agency’s outstanding payment obligations have been fully satisfied. The report shall contain both of the following: (1) A list of payments to each taxing agency and to the Educational Revenue Augmentation Fund pursuant to subdivision (j) that the agency disbursed after the agency’s last update filed pursuant to this subdivision or, if no update has been filed, after the agency’s submission of the reports required pursuant to subdivisions (b) and (c). The list of payments shall include only those payments that address obligations identified pursuant to paragraph (6) of subdivision (b) and paragraph (6) of subdivision (c). The update shall specify the date on which each payment was disbursed. (2) A revised estimate of the agency’s total outstanding passthrough payment obligation to each taxing agency pursuant to paragraph (6) of subdivision (b) and paragraph (6) of subdivision (c) and the dates on which the agency intends to make these payments. (e) The county auditor shall review each agency’s reports submitted pursuant to subdivisions (b) and (c) and any other relevant information to determine whether the county auditor concurs with the information included in the reports. (1) If the county auditor concurs with the information included in a report, the county auditor shall issue a finding of concurrence within 45 days. (2) If the county auditor does not concur with the information included in a report or considers the report to be incomplete, the county auditor shall return the report to the agency within 45 days with information identifying the elements of the report with which the county auditor does not concur or considers to be incomplete. The county auditor shall provide the agency at least 15 days to respond to concerns raised by the county auditor regarding the information contained in the report. An agency may revise a report that has not received a finding of concurrence and resubmit it to the county auditor. (3) If an agency and county auditor do not agree regarding the passthrough requirements of Sections 33607.5 and 33607.7, an agency may submit a report pursuant to subdivisions (b) and (c) and a statement of dispute identifying the issue needing resolution. (4) An agency may amend a report for which the county auditor has issued a finding of concurrence and resubmit the report pursuant to paragraphs (1), (2), and (3) if any of the following apply: (A) The county auditor and agency agree that an issue identified in the agency’s statement of dispute has been resolved and the agency proposes to modify the sections of the report to conform with the resolution of the statement of dispute. (B) The county auditor and agency agree that the amount of gross tax increment or the amount of a passthrough payment to a taxing entity included in the report is not accurate. (5) The Controller may revoke a finding of concurrence and direct the agency to resubmit a report to the county auditor pursuant to paragraphs (1), (2), and (3) if the Controller finds significant errors in a report. (f) On or before December 15, 2008, and annually thereafter through 2014, the county auditor shall submit a report to the Controller that includes all of the following: (1) The name of each redevelopment project area in the county for which an agency must submit a report pursuant to subdivision (b) or (c) and information as to whether the county auditor has issued a finding of concurrence regarding the report. (2) A list of the agencies for which the county auditor has issued a finding of concurrence for all project areas identified in paragraph (1). (3) A list of agencies for which the county auditor has not issued a finding of concurrence for all project areas identified in paragraph (1). (4) Using information applicable to agencies listed in paragraph (2), the county auditor shall report all of the following: (A) The total sums reported by each redevelopment agency related to each taxing entity pursuant to paragraphs (1) to (7), inclusive, of subdivision (b) and, on or after December 15, 2009, pursuant to paragraphs (1) to (7), inclusive, of subdivision (c). (B) The names of agencies that have outstanding passthrough payment obligations to a local educational agency that exceed the amount of outstanding passthrough payments to the local educational agency. (C) Summary information regarding agencies’ stated plans to pay the outstanding amounts identified in paragraph (6) of subdivision (b) and paragraph (6) of subdivision (c) and the actual amounts that have been deposited into the county Educational Revenue Augmentation Fund pursuant to subdivision (j). (D) All unresolved statements of dispute filed by agencies pursuant to paragraph (3) of subdivision (e) and the county auditor’s analyses supporting the county auditor’s conclusions regarding the issues under dispute. (g) (1) On or before February 1, 2009, and annually thereafter through 2015, the Controller shall submit a report to the Legislative Analyst’s Office and the Department of Finance and provide a copy to the Board of Governors of the California Community Colleges. The report shall provide information as follows: (A) Identify agencies for which the county auditor has issued a finding of concurrence for all reports required under subdivisions (b) and (c). (B) Identify agencies for which the county auditor has not issued a finding of concurrence for all reports required pursuant to subdivision (b) and all reports required pursuant to subdivision (c) or for which a finding of concurrence has been withdrawn by the Controller. (C) Summarize the information reported in paragraph (4) of subdivision (f). This summary shall identify, by local educational agency and by year, the total amount of passthrough payments that each local educational agency received, was entitled to receive, subordinated, or that has not yet been paid, and the portion of these amounts that are considered to be property taxes for purposes of Sections 2558 and 42238 of the Education Code, as those sections read on January 1, 2013, and, after June 30, 2013, Sections 2575 and 42238.02, and Section 84751 of the Education Code. The report shall identify, by agency, the amounts that have been deposited to the county Educational Revenue Augmentation Fund pursuant to subdivision (j). (D) Summarize the statements of dispute. The Controller shall specify the status of these disputes, including whether the Controller or other state entity has provided instructions as to how these disputes should be resolved. (E) Identify agencies that have outstanding passthrough payment liabilities to a local educational agency that exceed the amount of outstanding passthrough overpayments to the local educational agency. (2) On or before February 1, 2009, and annually thereafter through 2015, the Controller shall submit a report to the State Department of Education and the Board of Governors of the California Community Colleges. The report shall identify, by local educational agency and by year of receipt, the total amount of passthrough payments that the local educational agency received from redevelopment agencies listed in subparagraph (A) of paragraph (1). (h) (1) On or before April 1, 2009, and annually thereafter until April 1, 2015, the State Department of Education shall do all of the following: (A) Calculate for each school district for the 2003–04 to 2007–08, inclusive, fiscal years the difference between 43.3 percent of the amount reported pursuant to paragraph (2) of subdivision (g) and the amount subtracted from each school district’s apportionment pursuant to paragraph (6) of subdivision (h) of Section 42238 of the Education Code, as it read on January 1, 2013. (B) Calculate for each county superintendent of schools for the 2003–04 to 2007–08, inclusive, fiscal years the difference between 19 percent of the amount reported pursuant to paragraph (2) of subdivision (g) and the amount received pursuant to Sections 33607.5 and 33607.7 and subtracted from each county superintendent of schools apportionment pursuant to subdivision (c) of Section 2558 of the Education Code, as it read on January 1, 2013. (C) Notify each school district and county superintendent of schools for which any amount calculated in subparagraph (A) or (B) is nonzero as to the reported change and its resulting impact on apportionments. After April 1, 2009, however, the department shall not notify a school district or county superintendent of schools if the amount calculated in subparagraph (A) or (B) is the same amount as the department calculated in the preceding year. (2) On or before April 1, 2010, and annually thereafter until April 1, 2015, the State Department of Education shall do all of the following: (A) Calculate for each school district for the 2008–09 fiscal year the difference between 43.3 percent of the amount reported pursuant to paragraph (2) of subdivision (g) and the amount subtracted from each school district’s apportionment pursuant to paragraph (6) of subdivision (h) of Section 42238 of the Education Code, as it read on January 1, 2013. (B) Calculate for each county superintendent of schools for the 2008–09 fiscal year the difference between 19 percent of the amount reported pursuant to paragraph (2) of subdivision (g) and the amount received pursuant to Sections 33607.5 and 33607.7 and subtracted from each county superintendent of schools apportionment pursuant to subdivision (c) of Section 2558 of the Education Code, as it read on January 1, 2013. (C) Notify each school district and county superintendent of schools for which any amount calculated in subparagraph (A) or (B) is nonzero as to the reported change and its resulting impact on revenue limit apportionments. After April 1, 2010, however, the department shall not notify a school district or county superintendent of schools if the amount calculated in subparagraph (A) or (B) is the same amount as the department calculated in the preceding year. (3) For the purposes of Article 3 (commencing with Section 41330) of Chapter 3 of Part 24 of Division 3 of Title 2 of the Education Code, the amounts reported to each school district and county superintendent of schools in the notification required pursuant to subparagraph (C) of paragraph (1) and subparagraph (C) of paragraph (2) shall be deemed to be apportionment significant audit exceptions and the date of receipt of that notification shall be deemed to be the date of receipt of the final audit report that includes those audit exceptions. (4) On or before March 1, 2009, and annually thereafter until March 1, 2015, the Board of Governors of the California Community Colleges shall do all of the following: (A) Calculate for each community college district for the 2003–04 to 2007–08, inclusive, fiscal years the difference between 47.5 percent of the amount reported pursuant to paragraph (2) of subdivision (g) and the amount subtracted from each district’s total revenue owed pursuant to subdivision (d) of Section 84751 of the Education Code. (B) Notify each community college district for which any amount calculated in subparagraph (A) is nonzero as to the reported change and its resulting impact on apportionments. After March 1, 2009, however, the board shall not notify a school district or county superintendent of schools if the amount calculated in subparagraph (A) is the same amount as the board calculated in the preceding year. (5) On or before March 1, 2010, and annually thereafter until March 1, 2015, the Board of Governors of the California Community Colleges shall do all of the following: (A) Calculate for each community college district for the 2003–04 to 2007–08, inclusive, fiscal years the difference between 47.5 percent of the amount reported pursuant to paragraph (2) of subdivision (g) and the amount subtracted from each district’s total revenue owed pursuant to subdivision (d) of Section 84751 of the Education Code. (B) Notify each community college district for which any amount calculated in subparagraph (A) is nonzero as to the reported change and its resulting impact on revenue apportionments. After March 1, 2010, however, the board shall not notify a community college district if the amount calculated in subparagraph (A) is the same amount as the board calculated in the preceding year. (6) A community college district may submit documentation to the Board of Governors of the California Community Colleges showing that all or part of the amount reported to the district pursuant to subparagraph (B) of paragraph (4) and subparagraph (B) of paragraph (5) was previously reported to the California Community Colleges for the purpose of the revenue level calculations made pursuant to Section 84751 of the Education Code. Upon acceptance of the documentation, the board shall adjust the amounts calculated in paragraphs (4) and (5) accordingly. (7) The Board of Governors of the California Community Colleges shall make corrections in any amounts allocated in any fiscal year to each community college district for which any amount calculated in paragraphs (4) and (5) is nonzero so as to account for the changes reported pursuant to paragraph (4) of subdivision (b) and paragraph (4) of subdivision (c). The board may make the corrections over a period of time, not to exceed five years. (i) (1) After February 1, 2009, for an agency listed on the most recent Controller’s report pursuant to subparagraph (B) or (E) of paragraph (1) of subdivision (g), all of the following shall apply: (A) The agency shall be prohibited from adding new project areas or expanding existing project areas. For purposes of this paragraph, “project area” has the same meaning as in Sections 33320.1 to 33320.3, inclusive, and Section 33492.3. (B) The agency shall be prohibited from issuing new bonds, notes, interim certificates, debentures, or other obligations, whether funded, refunded, assumed, or otherwise, pursuant to Article 5 (commencing with Section 33640). (C) The agency shall be prohibited from encumbering any funds or expending any moneys derived from any source, except that the agency may encumber funds and expend funds to pay, if any, all of the following: (i) Bonds, notes, interim certificates, debentures, or other obligations issued by an agency before the imposition of the prohibition in subparagraph (B) whether funded, refunded, assumed, or otherwise, pursuant to Article 5 (commencing with Section 33460). (ii) Loans or moneys advanced to the agency, including, but not limited to, loans from federal, state, local agencies, or a private entity. (iii) Contractual obligations that, if breached, could subject the agency to damages or other liabilities or remedies. (iv) Obligations incurred pursuant to Section 33445. (v) Indebtedness incurred pursuant to Section 33334.2 or 33334.6. (vi) Obligations incurred pursuant to Section 33401. (vii) An amount, to be expended for the monthly operation and administration of the agency, that may not exceed 75 percent of the average monthly amount spent for those purposes in the fiscal year preceding the fiscal year in which the agency was first listed on the Controller’s report pursuant to subparagraph (B) or (E) of paragraph (1) of subdivision (g). (2) After February 1, 2009, an agency identified in subparagraph (B) or (E) of paragraph (1) of subdivision (g) shall incur interest charges on any passthrough payment that is made to a local educational agency more than 60 days after the close of the fiscal year in which the passthrough payment was required. Interest shall be charged at a rate equal to 150 percent of the current Pooled Money Investment Account earnings annual yield rate and shall be charged for the period beginning 60 days after the close of the fiscal year in which the passthrough payment was due through the date that the payment is made. (3) The Controller, with the concurrence of the Director of Finance, may waive the provisions of paragraphs (1) and (2) for a period of up to 12 months if the Controller determines all of the following: (A) The county auditor has identified the agency in its most recent report issued pursuant to paragraph (2) of subdivision (f) as an agency for which the auditor has issued a finding of concurrence for all reports required pursuant to subdivisions (b) and (c). (B) The agency has filed a statement of dispute on an issue or issues that, in the opinion of the Controller, are likely to be resolved in a manner consistent with the agency’s position. (C) The agency has made passthrough payments to local educational agencies and the county Educational Revenue Augmentation Fund, or has had funds previously withheld by the auditor, in amounts that would satisfy the agency’s passthrough payment requirements to local educational agencies if the issue or issues addressed in the statement of dispute were resolved in a manner consistent with the agency’s position. (D) The agency would sustain a fiscal hardship if it made passthrough payments to local educational agencies and the county Educational Revenue Augmentation Fund in the amounts estimated by the county auditor. (j) Notwithstanding any other provision of law, if an agency report submitted pursuant to subdivision (b) or (c) indicates outstanding payment obligations to a local educational agency, the agency shall make these outstanding payments as follows: (1) Of the outstanding payments owed to school districts, including any interest payments pursuant to paragraph (2) of subdivision (i), 43.3 percent shall be deposited in the county Educational Revenue Augmentation Fund and the remainder shall be allocated to the school district or districts. (2) Of the outstanding payments owed to community college districts, including any interest payments pursuant to paragraph (2) of subdivision (i), 47.5 percent shall be deposited in the county Educational Revenue Augmentation Fund and the remainder shall be allocated to the community college district or districts. (3) Of the outstanding payments owed to county offices of education, including any interest payments pursuant to paragraph (2) of subdivision (i), 19 percent shall be deposited in the county Educational Revenue Augmentation Fund and the remainder shall be allocated to the county office of education. (k) (1) This section shall not be construed to increase any allocations of excess, additional, or remaining funds that would otherwise have been allocated to cities, counties, cities and counties, or special districts pursuant to clause (i) of subparagraph (B) of paragraph (4) of subdivision (d) of Section 97.2 of, clause (i) of subparagraph (B) of paragraph (4) of subdivision (d) of Section 97.3 of, or Article 4 (commencing with Section 98) of Chapter 6 of Part 0.5 of Division 1 of, the Revenue and Taxation Code had this section not been enacted. (2) Notwithstanding any other provision of law, no funds deposited in the county Educational Revenue Augmentation Fund pursuant to subdivision (j) shall be distributed to a community college district. (l) A county may require an agency to reimburse the county for any expenses incurred by the county in performing the services required by this section. (Amended by Stats. 2013, Ch. 47, Sec. 112. (AB 97) Effective July 1, 2013.)
  24. 33685.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 7. School Finance [33680 - 33692] ( Article 7 added by Stats. 1992, Ch. 699, Sec. 7. )

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    A redevelopment agency must remit a calculated amount to the county auditor by May 10 for deposit into the county fund, and several fiscal-year 2008–09 rules limit how the funds are used.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 7. School Finance [33680 - 33692] ( Article 7 added by Stats. 1992, Ch. 699, Sec. 7. ) ## 33685. (a) (1) For the 2008–09 fiscal year a redevelopment agency shall remit, as determined by the Director of Finance, prior to May 10, an amount equal to the amount determined for that agency pursuant to subparagraph (K) of paragraph (2) to the county auditor for deposit in the county Educational Revenue Augmentation Fund, created pursuant to Article 3 (commencing with Section 97) of Chapter 6 of Part 0.5 of Division 1 of the Revenue and Taxation Code. Notwithstanding any other provision of law, in the 2008–09 fiscal year, no funds deposited in the county Educational Revenue Augmentation Fund pursuant to this section shall be distributed to a community college district. (2) On or before November 15, 2008, the Director of Finance shall do all of the following: (A) (i) Determine the value of five percent of the statewide total property tax revenue apportioned to agencies pursuant to Section 33670. (ii) If the value determined pursuant to clause (i) exceeds three-hundred fifty million dollars ($350,000,000), the value determined in clause (i) shall be allocated to each agency as provided in paragraphs (B) to (J), inclusive. (iii) If the value determined pursuant to clause (i) does not exceed three-hundred fifty million dollars ($350,000,000), three-hundred fifty million dollars ($350,000,000) shall be allocated to each agency as provided in subparagraphs (B) to (J), inclusive. (B) Determine the net tax increment apportioned to each agency pursuant to Section 33670, excluding any amounts apportioned to affected taxing entities pursuant to Section 33401, 33607.5, or 33676. (C) Determine the net tax increment apportioned to all agencies pursuant to Section 33670, excluding any amounts allocated to affected taxing entities pursuant to Section 33401, 33607.5, or 33676. (D) Determine a percentage factor by dividing the amount determined pursuant to subparagraph (A) by two and then by the amount determined pursuant to subparagraph (C). (E) Determine an amount for each agency by multiplying the amount determined pursuant to subparagraph (B) by the percentage factor determined pursuant to subparagraph (D). (F) Determine the total amount of property tax revenue apportioned to each agency pursuant to Section 33670, including any amounts allocated to affected taxing entities pursuant to Section 33401, 33607.5, or 33676. (G) Determine the total amount of property tax revenue apportioned to all agencies pursuant to Section 33670, including any amounts allocated to affected taxing entities pursuant to Section 33401, 33607.5, or 33676. (H) Determine a percentage factor by dividing the amount determined pursuant to subparagraph (A) by two and then by the amount determined pursuant to subparagraph (G). (I) Determine an amount for each agency by multiplying the amount determined pursuant to subparagraph (F) by the percentage factor determined pursuant to subparagraph (H). (J) Add the amount determined pursuant to subparagraph (E) to the amount determined pursuant to subparagraph (I). (K) Notify each agency, each legislative body, and each county auditor of each agency’s amount. The county auditor shall deposit these amounts in the county Educational Revenue Augmentation Fund pursuant to paragraph (1). (3) The obligation of any agency to make the payments required pursuant to this subdivision shall be subordinate to the lien of any pledge of collateral securing, directly or indirectly, the payment of the principal, or interest on any bonds of the agency including, without limitation, bonds secured by a pledge of taxes allocated to the agency pursuant to Section 33670. Agencies shall factor in the fiscal obligations created by this subdivision when issuing bonded indebtedness. (b) (1) Notwithstanding any other provision of law, to make the full allocation required by this section, an agency may borrow up to 50 percent of the amount required to be allocated to the Low and Moderate Income Housing Fund, pursuant to Sections 33334.2, 33334.3, and 33334.6, unless, in a given fiscal year, executed contracts exist that would be impaired if the agency reduced the amount allocated to the Low and Moderate Income Housing Fund pursuant to the authority of this subdivision. (2) As a condition of borrowing pursuant to this subdivision, an agency shall make a finding that there are insufficient other moneys to meet the requirements of subdivision (a). Funds borrowed pursuant to this subdivision shall be repaid in full within 10 years following the date on which moneys are remitted to the county auditor for deposit in the county Educational Revenue Augmentation Fund pursuant to subdivision (a). (c) To make the allocation required by this section, an agency may use any funds that are legally available and not legally obligated for other uses, including, but not limited to, reserve funds, proceeds of land sales, proceeds of bonds or other indebtedness, lease revenues, interest, and other earned income. No moneys held in a low- and moderate-income fund as of July 1 of the applicable fiscal year may be used for this purpose. (d) The legislative body shall by March 1 of each year report to the county auditor as to how the agency intends to fund the allocation required by this section, or that the legislative body intends to remit the amount in lieu of the agency pursuant to Section 33687. (e) The allocation obligations imposed by this section, including amounts owed, if any, created under this section, are hereby declared to be an indebtedness of the redevelopment project to which they relate, payable from taxes allocated to the agency pursuant to Section 33670, and shall constitute an indebtedness of the agency with respect to the redevelopment project until paid in full. (f) It is the intent of the Legislature, in enacting this section, that these allocations directly or indirectly assist in the financing or refinancing, in whole or in part, of the community’s redevelopment project pursuant to Section 16 of Article XVI of the California Constitution. (g) In making the annual determinations required by subdivision (a), the Director of Finance shall use those amounts reported in “Table 7, Assessed Valuation, Tax Increment Distribution and Statement of Indebtedness” for all agencies and for each agency in the most recent published edition of the Controller’s Community Redevelopment Agencies Annual Report made pursuant to Section 12463.3 of the Government Code. (h) If revised reports have been accepted by the Controller on or before September 1 of the applicable fiscal year, the Director of Finance shall use appropriate data that has been certified by the Controller for the purpose of making the determinations required by subdivision (a). (i) Nothing in this section shall be construed as extending the time limits on the ability of agencies to do any of the following: (1) Establish loans, advances, or indebtedness. (2) Receive tax increment revenues. (3) Exercise eminent domain powers. (Added by Stats. 2008, Ch. 751, Sec. 53. Effective September 30, 2008.)
  25. 33686.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 7. School Finance [33680 - 33692] ( Article 7 added by Stats. 1992, Ch. 699, Sec. 7. )

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    This section lets a redevelopment agency reduce a required allocation to the auditor in 2008–09 only if it adopts a resolution listing the relevant debts and payment details, and it imposes limits and cleanup conditions if the required payment is missed.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 7. School Finance [33680 - 33692] ( Article 7 added by Stats. 1992, Ch. 699, Sec. 7. ) ## 33686. (a) (1) For purposes of this section, “existing indebtedness” means one or more of the following obligations incurred by a redevelopment agency prior to the effective date of this section, the payment of which is to be made in whole or in part, directly or indirectly, out of taxes allocated to the agency pursuant to Section 33670, and that is required by law or provision of the existing indebtedness to be made during the fiscal year of the relevant allocation required by Section 33685: (A) Bonds, notes, interim certificates, debentures, or other obligations issued by the agency whether funded, refunded, assumed, or otherwise pursuant to Article 5 (commencing with Section 33640). (B) Loans or moneys advanced to the agency, including, but not limited to, loans from federal, state, or local agencies, or a private entity. (C) A contractual obligation that, if breached, could subject the agency to damages or other liabilities or remedies. (D) An obligation incurred pursuant to Section 33445. (E) Indebtedness incurred pursuant to Section 33334.2. (F) An amount, to be expended for the operation and administration of the agency, that may not exceed 90 percent of the amount spent for those purposes in the 2005–06 fiscal year. (G) Obligations imposed by law with respect to activities that occurred prior to the effective date of the act that adds this section. (2) Existing indebtedness incurred prior to the effective date of this section may be refinanced, refunded, or restructured after that date, and shall remain existing indebtedness for the purposes of this section if the annual debt service during that fiscal year does not increase over the prior fiscal year and the refinancing does not reduce the ability of the agency to make the payment required by subdivision (a) of Section 33685. (3) For purposes of this section, indebtedness shall be deemed to be incurred prior to the effective date of this section if the agency has entered into a binding contract subject to normal marketing conditions or to deliver the indebtedness, or if the redevelopment agency has received bids for the sale of the indebtedness prior to that date and the indebtedness is issued for value and evidence thereof is delivered to the initial purchaser no later than 30 days after the date of the contract or sale. (b) For the 2008–09 fiscal year, an agency that has adopted a resolution pursuant to subdivision (c) may allocate, pursuant to subdivision (a) of Section 33685, to the auditor less than the amount required by subdivision (a) of Section 33685 if the agency finds that any of the following has occurred: (1) That the difference between the amount allocated to the agency and the amount required by subdivision (a) of Section 33685 is necessary to make payments on existing indebtedness that are due or required to be committed, set aside, or reserved by the agency during the 2008–09 fiscal year and that are used by the agency for that purpose, and the agency has no other funds that can be used to pay this existing indebtedness and no other feasible method to reduce or avoid this indebtedness. (2) The agency has no other funds to make the allocation required by subdivision (a) of Section 33685. (c) (1) Any agency that intends to allocate, pursuant to subdivision (b), to the auditor less than the amount required by subdivision (a) of Section 33685 shall adopt, prior to December 31, 2008, after a noticed public hearing, a resolution that lists all of the following: (A) Each existing indebtedness incurred prior to the effective date of this section. (B) Each indebtedness on which a payment is required to be made during the applicable fiscal year. (C) The amount of each payment, the time when it is required to be paid, and the total of the payments required to be made during the applicable fiscal year. For indebtedness that bears interest at a variable rate, or for short-term indebtedness that is maturing during the fiscal year and that is expected to be refinanced, the amount of payments during the fiscal year shall be estimated by the agency. (2) The information contained in the resolution required by this subdivision shall be reviewed for accuracy by the chief fiscal officer of the agency. (3) The legislative body shall additionally adopt the resolution required by this section. (d) (1) Any agency that determines, pursuant to subdivision (b), that it will be unable in the 2008–09 fiscal year to allocate the full amount required by subdivision (a) of Section 33685 may enter into, subject to paragraph (3), an agreement with the legislative body by February 15, 2009, to fund the payment of the difference between the full amount required to be paid pursuant to subdivision (a) of Section 33685 and the amount available for allocation by the agency. (2) The obligations imposed by paragraph (1) are hereby declared to be indebtedness incurred by the agency to finance a portion of a redevelopment project within the meaning of Section 16 of Article XVI of the California Constitution. This indebtedness shall be payable from tax revenues apportioned to the agency pursuant to Section 33670, and any other funds received by the agency. The obligations imposed by paragraph (1) shall remain an indebtedness of the agency to the legislative body until paid in full, or until the agency and the legislative body otherwise agree. (3) The agreement described in paragraph (1) shall be subject to those terms and conditions specified in a written agreement between the legislative body and the agency. (e) If the agency fails to provide to the county auditor the full payment required under Section 33685, or fails to arrange for full payment to be provided on the agency’s behalf pursuant to subdivision (d) or by Section 33687 or 33688, all of the following shall apply: (1) The agency shall be prohibited from adding new project areas or expanding existing project areas. For purposes of this paragraph, “project area” has the same meaning as in Sections 33320.1 to 33320.3, inclusive, and Section 33492.3. (2) The agency shall be prohibited from issuing new bonds, notes, interim certificates, debentures, or other obligations, whether funded, refunded, assumed, or otherwise, pursuant to Article 5 (commencing with Section 33640) of this chapter. (3) The agency shall be prohibited from encumbering any funds or expending any moneys derived from any source, except that the agency may encumber funds and expend funds to pay, if any, all of the following: (A) Bonds, notes, interim certificates, debentures, or other obligations issued by an agency before the imposition of the prohibition in paragraph (2), whether funded, refunded, assumed, or otherwise, pursuant to Article 5 (commencing with Section 33460) of this chapter. (B) Loans or moneys advanced to the agency, including, but not limited to, loans from federal, state, local agencies, or a private entity. (C) Contractual obligations that, if breached, could subject the agency to damages or other liabilities or remedies. (D) Obligations incurred pursuant to Section 33445. (E) Indebtedness incurred pursuant to Section 33334.2 or 33334.6. (F) Obligations incurred pursuant to Section 33401. (G) An amount, to be expended for the monthly operation and administration of the agency, that may not exceed 75 percent of the average monthly amount spent for those purposes in the fiscal year preceding the fiscal year in which the agency failed to make the payment required by subdivision (a) of Section 33685. (f) The prohibitions identified in subdivision (e) shall be lifted once the county auditor certifies to the Director of Finance that the payment required by Section 33685 has been made by the agency, or that payment has been made on the agency’s behalf pursuant to this section or to Section 33687 or 33688. (Added by Stats. 2008, Ch. 751, Sec. 54. Effective September 30, 2008.)
  26. 33687.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 7. School Finance [33680 - 33692] ( Article 7 added by Stats. 1992, Ch. 699, Sec. 7. )

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    For the 2008–09 fiscal year, a legislative body may make a remittance to the county auditor by May 10, 2009 instead of the remittance required by Section 33685, but certain housing-fund money may not be used and community college districts may not receive the deposited funds.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 7. School Finance [33680 - 33692] ( Article 7 added by Stats. 1992, Ch. 699, Sec. 7. ) ## 33687. (a) In lieu of the remittance required by Section 33685, for the 2008–09 fiscal year, a legislative body may remit, prior to May 10, 2009, an amount equal to the amount determined for the agency pursuant to subparagraph (J) of paragraph (2) of subdivision (a) of Section 33685 to the county auditor for deposit in the county Educational Revenue Augmentation Fund, created pursuant to Article 3 (commencing with Section 97) of Chapter 6 of Part 0.5 of Division 1 of the Revenue and Taxation Code. Notwithstanding any other provision of law, in the 2008–09 fiscal year, no funds deposited in the county Educational Revenue Augmentation Fund pursuant to this section shall be distributed to a community college district. (b) The legislative body may make the remittance authorized by this section from any funds that are legally available for this purpose. No moneys held in an agency’s Low and Moderate Income Housing Fund, pursuant to Sections 33334.2, 33334.3, and 33334.6, shall be used for this purpose. (c) If the legislative body, pursuant to subdivision (d) of Section 33685, reported to the county auditor that it intended to remit the amount in lieu of the agency and the legislative body fails to transmit the full amount as authorized by this section by May 10, 2009, the county auditor, no later than May 15, 2009, shall transfer an amount necessary to meet the obligation from the legislative body’s allocations pursuant to Chapter 6 (commencing with Section 95) of Part 0.5 of Division 1 of the Revenue and Taxation Code. If the amount of the legislative body’s allocations are not sufficient to meet this obligation, the county auditor shall transfer an additional amount necessary to meet this obligation from the property tax increment revenue apportioned to the agency pursuant to Section 33670, provided that no moneys allocated to the agency’s Low and Moderate Income Housing Fund shall be used for this purpose. (Added by Stats. 2008, Ch. 751, Sec. 55. Effective September 30, 2008.)
  27. 33688.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 7. School Finance [33680 - 33692] ( Article 7 added by Stats. 1992, Ch. 699, Sec. 7. )

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    This section lets a qualifying authorized issuer make loans and issue debt for certain agency payments, and sets repayment and lien rules if the loan is not repaid on time.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 7. School Finance [33680 - 33692] ( Article 7 added by Stats. 1992, Ch. 699, Sec. 7. ) ## 33688. (a) For purposes of this section, an “authorized issuer” is limited to a joint powers entity created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code that consists of no less than 100 local agencies issuing bonds pursuant to the Marks-Roos Local Bond Pooling Act of 1984 (Article 4 (commencing with Section 6584) of Chapter 5 of Division 7 of Title 1 of the Government Code). (b) An authorized issuer may issue bonds, notes, or other evidence of indebtedness to provide net proceeds to make one or more loans to one or more agencies to be used by the agency to timely make the payment required by Section 33685, 33690, or 33690.5. (c) With the prior approval of the legislative body by adoption of a resolution by a majority of that body that recites that a first lien on the property tax revenues allocated to the legislative body will be created in accordance with subdivision (h), an agency may enter into an agreement with an authorized issuer issuing bonds pursuant to subdivision (b) to repay a loan used to make the payment required by Section 33685, 33690, or 33690.5. For the purpose of calculating the amount that has been divided and allocated to the agency to determine whether the limitation adopted pursuant to Section 33333.2 or 33333.4 or pursuant to an agreement or court order that has been reached, any funds used to repay a loan entered into pursuant to this section shall be deducted from the amount of property tax revenue deemed to have been received by the agency. (d) A loan made pursuant to this section shall be repayable by the agency from any available funds of the agency not otherwise obligated for other uses and shall be repayable by the agency on a basis subordinate to all existing and future obligations of the agency. (e) Upon making a loan to an agency pursuant to this section, the trustee for the bonds issued to provide the funds to make the loan shall timely pay, on behalf of the agency, to the county auditor of the county in which the agency is located the net proceeds (after payment of costs of issuance, credit enhancement costs, and reserves, if any) of the loan in payment in full or in part, as directed by the agency, of the amount required to be paid by the agency pursuant to Section 33685, 33690, or 33690.5 and shall provide the county auditor with the repayment schedule for the loan, together with the name of the trustee. (f) In the event the agency shall fail to repay timely, at any time and from time to time, the loan in accordance with the schedule provided to the county auditor, the trustee for the bonds shall promptly notify the county auditor of the amount of the payment on the loan that is past due. (g) The county auditor shall reallocate from the legislative body and shall pay, on behalf of the agency, the past due amount from the first available proceeds of the property tax allocation that would otherwise be transferred to the legislative body pursuant to Chapter 6 (commencing with Section 95) of Part 0.5 of Division 1 of the Revenue and Taxation Code. This transfer shall be deemed a reallocation of the property tax revenue from the legislative body to the agency for the purpose of payment of the loan, and not as a payment by the legislative body on the loan. (h) To secure repayment of a loan to an agency made pursuant to this section, the trustee for the bonds issued to provide the funds to make the loan shall have a lien on the property tax revenues allocated to the legislative body pursuant to Chapter 6 (commencing with Section 95) of Part 0.5 of Division 1 of the Revenue and Taxation Code. This lien shall arise by operation of this section automatically upon the making of the loan without the need for any action on the part of any person. This lien shall be valid, binding, perfected, and enforceable against the legislative body, its successors, creditors, purchasers, and all others asserting rights in those property tax revenues, irrespective of whether those persons have notice of the lien, irrespective of the fact that the property tax revenues subject to the lien may be commingled with other property, and without the need for physical delivery, recordation, public notice, or any other act. This lien shall be a first priority lien on these property tax revenues. This lien shall not apply to any portion of the property taxes allocated to the agency pursuant to Section 33670. (Amended by Stats. 2009, 4th Ex. Sess., Ch. 21, Sec. 5. (AB 26 4x) Effective October 23, 2009.)
  28. 33689.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 7. School Finance [33680 - 33692] ( Article 7 added by Stats. 1992, Ch. 699, Sec. 7. )

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    When calculating the amount divided and allocated to the agency, certain property-tax payments under Section 33685(a) must be deducted from the property tax dollars deemed received by the agency.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 7. School Finance [33680 - 33692] ( Article 7 added by Stats. 1992, Ch. 699, Sec. 7. ) ## 33689. For the purpose of calculating the amount that has been divided and allocated to the agency to determine whether the limitation adopted pursuant to Section 33333.2 or 33333.4 or pursuant to agreement or court order that has been reached, any payments made pursuant to subdivision (a) of Section 33685 with property tax revenues shall be deducted from the amount of property tax dollars deemed to have been received by the agency. (Added by Stats. 2008, Ch. 751, Sec. 57. Effective September 30, 2008.)
  29. 33690.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 7. School Finance [33680 - 33692] ( Article 7 added by Stats. 1992, Ch. 699, Sec. 7. )

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    A redevelopment agency must remit a calculated amount to the county auditor for the county fund by May 10, 2010, and the county auditor must report and deposit the money as directed.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 7. School Finance [33680 - 33692] ( Article 7 added by Stats. 1992, Ch. 699, Sec. 7. ) ## 33690. (a) (1) (A) For the 2009–10 fiscal year, a redevelopment agency shall remit, as determined by the Director of Finance, prior to May 10, 2010, an amount equal to the amount determined for that agency pursuant to paragraph (2) to the county auditor for deposit in the county Supplemental Educational Revenue Augmentation Fund that is established in the county treasury. Notwithstanding any other law, any funds deposited in the Supplemental Educational Revenue Augmentation Fund shall not be distributed to a community college district. (B) On or before May 25, 2010, the county auditor shall report to the Department of Finance each amount transferred to the Supplemental Educational Revenue Augmentation Fund for the 2009–10 fiscal year. (2) On or before November 15, 2009, the Director of Finance shall do all of the following: (A) Determine the net tax increment apportioned to each agency pursuant to Section 33670, excluding any amounts apportioned to affected taxing entities pursuant to Section 33401, 33607.5, or 33676. (B) Determine the net tax increment apportioned to all agencies pursuant to Section 33670, excluding any amounts allocated to affected taxing entities pursuant to Section 33401, 33607.5, or 33676. (C) Determine a percentage factor by dividing one billion seven hundred million dollars ($1,700,000,000) by two and then by the amount determined pursuant to subparagraph (B). (D) Determine an amount for each agency by multiplying the amount determined pursuant to subparagraph (A) by the percentage factor determined pursuant to subparagraph (C). (E) Determine the total amount of property tax revenue apportioned to each agency pursuant to Section 33670, including any amounts allocated to affected taxing entities pursuant to Section 33401, 33607.5, or 33676. (F) Determine the total amount of property tax revenue apportioned to all agencies pursuant to Section 33670, including any amounts allocated to affected taxing entities pursuant to Section 33401, 33607.5, or 33676. (G) Determine a percentage factor by dividing one billion seven hundred million dollars ($1,700,000,000) by two and then by the amount determined pursuant to subparagraph (F). (H) Determine an amount for each agency by multiplying the amount determined pursuant to subparagraph (E) by the percentage factor determined pursuant to subparagraph (G). (I) Add the amount determined pursuant to subparagraph (D) to the amount determined pursuant to subparagraph (H). (J) Notify each agency, each legislative body, and each county auditor of each agency’s amount. The county auditor shall deposit these amounts in the county Supplemental Educational Revenue Augmentation Fund pursuant to paragraph (1). (3) The obligation of any agency to make the payments required pursuant to this subdivision shall be subordinate to the lien of any pledge of collateral securing, directly or indirectly, the payment of the principal, or interest on any bonds of the agency including, without limitation, bonds secured by a pledge of taxes allocated to the agency pursuant to Section 33670. Agencies shall factor in the fiscal obligations created by this subdivision when issuing bonded indebtedness. (b) To make the allocation required by this section, an agency may use any funds that are legally available and not legally obligated for other uses, including, but not limited to, reserve funds, proceeds of land sales, proceeds of bonds or other indebtedness, lease revenues, interest, and other earned income. (c) (1) Notwithstanding any other law, to make the full allocation required by this section, an agency may borrow from either the amount required to be allocated to the Low and Moderate Income Housing Fund, pursuant to Sections 33334.2, 33334.3, and 33334.6, or any moneys in that fund, or both, unless executed contracts exist that would be impaired if the agency reduced the amount allocated to the Low and Moderate Income Housing Fund or the amount of moneys in the fund, or both, pursuant to the authority of this subdivision. (2) As a condition of borrowing pursuant to this subdivision, an agency shall make a finding that there are insufficient other moneys to meet the requirements of subdivision (a). Funds borrowed pursuant to this subdivision shall be repaid in full on or before June 30, 2015. An agency that fails to repay funds borrowed pursuant to this subdivision shall be required to allocate an additional 5 percent of all taxes that are allocated to that agency pursuant to Section 33670 for low- and moderate-income housing for the remainder of the time the agency receives tax revenue pursuant to Section 33670. (d) The legislative body shall by March 1, 2010, report to the county auditor as to how the agency intends to fund the allocation required by this section, or that the legislative body intends to remit the amount in lieu of the agency pursuant to Section 33692. (e) The allocation obligations imposed by this section, including amounts owed, if any, created under this section, are hereby declared to be an indebtedness of the redevelopment project to which they relate, payable from taxes allocated to the agency pursuant to Section 33670, and shall constitute an indebtedness of the agency with respect to the redevelopment project until paid in full. (f) It is the intent of the Legislature, in enacting this section, that these allocations directly or indirectly assist in the financing or refinancing, in whole or in part, of the community’s redevelopment project pursuant to Section 16 of Article XVI of the California Constitution. (g) In making the determination required by subdivision (a), the Director of Finance shall use those amounts reported in “Table 7, Assessed Valuation, Tax Increment Distribution and Statement of Indebtedness” for all agencies and for each agency in the 2006–07 edition of the Controller’s Community Redevelopment Agencies Annual Report made pursuant to Section 12463.3 of the Government Code, subject to any adjustments required by subdivision (h). (h) With respect to the use of amounts reported in the 2006–07 edition of the Controller’s Community Redevelopment Agencies Annual Report for purposes of subdivision (a), both of the following shall apply: (1) If revised reports were accepted by the Controller on or before September 1, 2008, the Director of Finance shall use appropriate data that has been certified by the Controller for the purpose of making the determinations required by subdivision (a). (2) The director shall adjust the reported amounts of net and total tax increment revenue to exclude amounts apportioned to any redevelopment agency from any territory that has been deleted from any project area, as reported to the State Board of Equalization in accordance with Section 33375 prior to August 1, 2009, and that deletion is not reflected in the Controller’s 2006–07 published report or in the revised reports described in paragraph (1). (i) Except as provided in Section 33331.5, nothing in this section shall be construed as extending the time limits on the ability of agencies to do both of the following: (1) Establish loans, advances, or indebtedness. (2) Exercise eminent domain powers. (j) (1) Notwithstanding Sections 97.2 and 97.3 of Revenue and Taxation Code, the county auditor-controller shall distribute the funds that are remitted to the county Supplemental Educational Revenue Augmentation Fund by a redevelopment agency pursuant to this section only to a K-12 school district or county office of education that is located partially or entirely within any project area of that redevelopment agency in an amount proportional to the average daily attendance of each school district. (2) The county auditor-controller shall notify each K-12 school district, and the State Department of Education, of the amount of Supplemental Educational Revenue Augmentation Fund moneys a district receives pursuant to this section from each redevelopment agency. The county auditor-controller shall also notify each K-12 school district receiving funds pursuant to paragraph (1) of the project area boundaries of each redevelopment agency from which the K-12 school district received funds. (3) (A) The county superintendent of schools shall provide the average daily attendance reported for each school district as of the Second Principal Apportionment for the 2009–10 fiscal year to the county auditor-controller. (B) The county auditor-controller shall, based on information provided by the county superintendent of schools pursuant to subparagraph (A), allocate the funding pursuant to this subdivision to those districts within the county. (4) The county auditor-controller shall notify, on or before May 25, 2010, the Department of Finance of the amount of funding apportioned to each district or county office of education pursuant to this subdivision. (5) School districts and county offices of education shall use the funds received under this section to serve pupils living in the redevelopment areas or in housing supported by redevelopment agency funds. Redevelopment agencies shall provide whatever information school districts and county offices of education need to accomplish this purpose. (k) (1) For the 2009–10 fiscal year, the amount of property tax revenues apportioned to each school district, pursuant to Article 2 (commencing with Section 96.1) of Chapter 6 of Part 0.5 of Division 1 of the Revenue and Taxation Code, shall be reduced by the total amount of Supplemental Educational Revenue Augmentation Fund moneys the district receives. The amount of property tax revenues that is the product of this reduction shall be deposited in the county Supplemental Revenue Augmentation Fund established pursuant to Section 100.06 of the Revenue and Taxation Code. (2) For the purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the total amount of Supplemental Educational Revenue Augmentation Fund moneys a district receives, regardless of the actual date the funds are received, pursuant to this section from each redevelopment agency shall be deemed to be “allocated local proceeds of taxes,” as defined in subdivisions (g) and (h) of Section 41202, and for purposes of Section 42238 of the Education Code, for the 2009–10 fiscal year. (l) For purposes of this section, “K-12 school district” has the same meaning as a school district, as defined in Section 80 of the Education Code. (m) This section shall not be construed to increase any allocations of excess, additional, or remaining funds that would otherwise have been allocated to cities, counties, cities and counties, or special districts pursuant to clause (i) of subparagraph (B) of paragraph (4) of subdivision (d) of Section 97.2 of, clause (i) of subparagraph (B) of paragraph (4) of subdivision (d) of Section 97.3 of, or Article 4 (commencing with Section 98) of Chapter 6 of Part 0.5 of Division 1 of, the Revenue and Taxation Code had this section not been enacted. (Amended by Stats. 2009, Ch. 652, Sec. 1. (SB 68) Effective November 12, 2009.)
  30. 33690.5.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 7. School Finance [33680 - 33692] ( Article 7 added by Stats. 1992, Ch. 699, Sec. 7. )

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    This section requires redevelopment agencies to make specified payments and reports, and directs how related school-funding amounts are calculated, distributed, and used.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 7. School Finance [33680 - 33692] ( Article 7 added by Stats. 1992, Ch. 699, Sec. 7. ) ## 33690.5. (a) (1) (A) For the 2010–11 fiscal year a redevelopment agency shall remit, as determined by the Director of Finance, prior to May 10, 2011, an amount equal to the amount determined for that agency pursuant to paragraph (2) to the county auditor for deposit in the county Supplemental Educational Revenue Augmentation Fund. (B) On or before May 25, 2011, the county auditor shall report to the Department of Finance each amount transferred to the Supplemental Educational Revenue Augmentation Fund for the 2010–11 fiscal year. (2) On or before November 15, 2010, the Director of Finance shall do all of the following: (A) Determine the net tax increment apportioned to each agency pursuant to Section 33670, excluding any amounts apportioned to affected taxing entities pursuant to Section 33401, 33607.5, or 33676. (B) Determine the net tax increment apportioned to all agencies pursuant to Section 33670, excluding any amounts allocated to affected taxing entities pursuant to Section 33401, 33607.5, or 33676. (C) Determine a percentage factor by dividing three hundred fifty million dollars ($350,000,000) by two and then by the amount determined pursuant to subparagraph (B). (D) Determine an amount for each agency by multiplying the amount determined pursuant to subparagraph (A) by the percentage factor determined pursuant to subparagraph (C). (E) Determine the total amount of property tax revenue apportioned to each agency pursuant to Section 33670, including any amounts allocated to affected taxing entities pursuant to Section 33401, 33607.5, or 33676. (F) Determine the total amount of property tax revenue apportioned to all agencies pursuant to Section 33670, including any amounts allocated to affected taxing entities pursuant to Section 33401, 33607.5, or 33676. (G) Determine a percentage factor by dividing three hundred fifty million dollars ($350,000,000) by two and then by the amount determined pursuant to subparagraph (F). (H) Determine an amount for each agency by multiplying the amount determined pursuant to subparagraph (E) by the percentage factor determined pursuant to subparagraph (G). (I) Add the amount determined pursuant to subparagraph (D) to the amount determined pursuant to subparagraph (H). (J) Notify each agency, each legislative body, and each county auditor of each agency’s amount. The county auditor shall deposit these amounts in the county Supplemental Educational Revenue Augmentation Fund pursuant to paragraph (1). (3) The obligation of any agency to make the payments required pursuant to this subdivision shall be subordinate to the lien of any pledge of collateral securing, directly or indirectly, the payment of the principal, or interest on any bonds of the agency including, without limitation, bonds secured by a pledge of taxes allocated to the agency pursuant to Section 33670. Agencies shall factor in the fiscal obligations created by this subdivision when issuing bonded indebtedness. (b) To make the allocation required by this section, an agency may use any funds that are legally available and not legally obligated for other uses, including, but not limited to, reserve funds, proceeds of land sales, proceeds of bonds or other indebtedness, lease revenues, interest, and other earned income. (c) (1) Notwithstanding any other law, to make the full allocation required by this section, an agency may borrow the amount required to be allocated to the Low and Moderate Income Housing Fund, pursuant to Sections 33334.2, 33334.3, and 33334.6, unless, in a given fiscal year, executed contracts exist that would be impaired if the agency reduced the amount allocated to the Low and Moderate Income Housing Fund pursuant to the authority of this subdivision. (2) As a condition of borrowing pursuant to this subdivision, an agency shall make a finding that there are insufficient other moneys to meet the requirements of subdivision (a). Funds borrowed pursuant to this subdivision shall be repaid in full on or before June 30, 2016. An agency that fails to repay funds borrowed pursuant to this subdivision shall be required to allocate an additional 5 percent of all taxes that are allocated to that agency pursuant to Section 33670 for low- and moderate-income housing for the remainder of the time the agency receives tax revenue pursuant to Section 33670. (d) The legislative body shall by March 1, 2011, report to the county auditor as to how the agency intends to fund the allocation required by this section, or that the legislative body intends to remit the amount in lieu of the agency pursuant to Section 33692. (e) The allocation obligations imposed by this section, including amounts owed, if any, created under this section, are hereby declared to be an indebtedness of the redevelopment project to which they relate, payable from taxes allocated to the agency pursuant to Section 33670, and shall constitute an indebtedness of the agency with respect to the redevelopment project until paid in full. (f) It is the intent of the Legislature, in enacting this section, that these allocations directly or indirectly assist in the financing or refinancing, in whole or in part, of the community’s redevelopment project pursuant to Section 16 of Article XVI of the California Constitution. (g) In making the determination required by subdivision (a), the Director of Finance shall use those amounts reported in “Table 7, Assessed Valuation, Tax Increment Distribution and Statement of Indebtedness” for all agencies and for each agency in the 2006–07 edition of the Controller’s Community Redevelopment Agencies Annual Report made pursuant to Section 12463.3 of the Government Code, subject to any adjustments required by subdivision (h). (h) With respect to the use of amounts reported in the 2006–07 edition of the Controller’s Community Redevelopment Agencies Annual Report for purposes of subdivision (a), both of the following shall apply: (1) If revised reports were accepted by the Controller on or before September 1, 2008, the Director of Finance shall use appropriate data that has been certified by the Controller for the purpose of making the determinations required by subdivision (a). (2) The director shall adjust the reported amounts of net and total tax increment revenue to exclude amounts apportioned to any redevelopment agency from any territory that has been deleted from any project area, as reported to the State Board of Equalization in accordance with Section 33375 prior to August 1, 2009, and that deletion is not reflected in the Controller’s 2006–07 published report or in the revised reports described in paragraph (1). (i) Except as provided in Section 33331.5, nothing in this section shall be construed as extending the time limits on the ability of agencies to do both of the following: (1) Establish loans, advances, or indebtedness. (2) Exercise eminent domain powers. (j) (1) Notwithstanding Sections 97.2 and 97.3 of Revenue and Taxation Code, the county auditor-controller shall distribute the funds that are remitted to the county Supplemental Educational Revenue Augmentation Fund by a redevelopment agency pursuant to this section only to a K-12 school district or county office of education that is located partially or entirely within any project area of that redevelopment agency in an amount proportional to the average daily attendance of each school district. (2) The county auditor-controller shall notify each K-12 school district, and the State Department of Education, of the amount of Supplemental Educational Revenue Augmentation Fund moneys a district receives pursuant to this section from each redevelopment agency. The county auditor-controller shall also notify each K-12 school district receiving funds pursuant to paragraph (1) of the project area boundaries of each redevelopment agency from which the K-12 school district received funds. (3) (A) The county superintendent of schools shall provide the average daily attendance reported for each school district as of the Second Principal Apportionment for the 2009–10 fiscal year to the county auditor-controller. (B) The county auditor-controller shall, based on information provided by the county superintendent of schools pursuant to subparagraph (A), allocate the funding pursuant to this subdivision to those districts within the county. (4) The county auditor-controller shall notify, on or before May 25, 2011, the Department of Finance of the amount of funding apportioned to each district or county office of education pursuant to this subdivision. (5) School districts and county offices of education shall use the funds received under this section to serve pupils living in the redevelopment areas or in housing supported by redevelopment agency funds. Redevelopment agencies shall provide whatever information school districts need to accomplish this purpose. (k) (1) For the 2010–11 fiscal year, the amount of property tax revenues apportioned to each school district, pursuant to Article 2 (commencing with Section 96.1) of Chapter 6 of Part 0.5 of Division 1 of the Revenue and Taxation Code, shall be reduced by the total amount of Supplemental Educational Revenue Augmentation Fund moneys the district receives. The amount of property tax revenues that is the product of this reduction shall be deposited in the county Supplemental Revenue Augmentation Fund established pursuant to Section 100.06 of the Revenue and Taxation Code. (2) For the purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the total amount of Supplemental Educational Revenue Augmentation Fund moneys a district receives, regardless of the actual date the funds are received, pursuant to this section from each redevelopment agency shall be deemed to be “allocated local proceeds of taxes,” as defined in subdivisions (g) and (h) of Section 41202 and for purposes of Section 42238 of the Education Code, for the 2010–11 fiscal year. (l) For purposes of this section, “K-12 school district” has the same meaning as a school district, as defined in Section 80 of the Education Code. (m) This section shall not be construed to increase any allocations of excess, additional, or remaining funds that would otherwise have been allocated to cities, counties, cities and counties, or special districts pursuant to clause (i) of subparagraph (B) of paragraph (4) of subdivision (d) of Section 97.2 of, clause (i) of subparagraph (B) of paragraph (4) of subdivision (d) of Section 97.3 of, or Article 4 (commencing with Section 98) of Chapter 6 of Part 0.5 of Division 1 of, the Revenue and Taxation Code had this section not been enacted. (Amended by Stats. 2009, Ch. 652, Sec. 2. (SB 68) Effective November 12, 2009.)
  31. 33691.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 7. School Finance [33680 - 33692] ( Article 7 added by Stats. 1992, Ch. 699, Sec. 7. )

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    This section lets a redevelopment agency reduce its tax allocation only if it adopts a required resolution, and it restricts agency spending and new obligations if required payments are not made.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 7. School Finance [33680 - 33692] ( Article 7 added by Stats. 1992, Ch. 699, Sec. 7. ) ## 33691. (a) (1) For purposes of this section, “existing indebtedness” means one or more of the following obligations incurred by a redevelopment agency prior to the effective date of this section, the payment of which is to be made in whole or in part, directly or indirectly, out of taxes allocated to the agency pursuant to Section 33670, and that is required by law or provision of the existing indebtedness to be made during the fiscal year of the relevant allocation required by Section 33690 or 33690.5: (A) Bonds, notes, interim certificates, debentures, or other obligations issued by the agency whether funded, refunded, assumed, or otherwise pursuant to Article 5 (commencing with Section 33640). (B) Loans or moneys advanced to the agency, including, but not limited to, loans from federal, state, or local agencies, or a private entity. (C) A contractual obligation that, if breached, could subject the agency to damages or other liabilities or remedies. (D) An obligation incurred pursuant to Section 33445. (E) Indebtedness incurred pursuant to Section 33334.2. (F) An amount, to be expended for the operation and administration of the agency, that may not exceed 90 percent of the amount spent for those purposes in the 2005–06 fiscal year. (G) Obligations imposed by law with respect to activities that occurred prior to the effective date of the act that adds this section. (2) Existing indebtedness incurred prior to the effective date of this section may be refinanced, refunded, or restructured after that date, and shall remain existing indebtedness for the purposes of this section if the annual debt service during that fiscal year does not increase over the prior fiscal year and the refinancing does not reduce the ability of the agency to make the payment required by subdivision (a) of Section 33690 or subdivision (a) of Section 33690.5. (3) For purposes of this section, indebtedness shall be deemed to be incurred prior to the effective date of this section if the agency has entered into a binding contract subject to normal marketing conditions or to deliver the indebtedness, or if the redevelopment agency has received bids for the sale of the indebtedness prior to that date and the indebtedness is issued for value and evidence thereof is delivered to the initial purchaser no later than 30 days after the date of the contract or sale. (b) For the 2009–10 fiscal year or the 2010–11 fiscal year, as applicable, an agency that has adopted a resolution pursuant to subdivision (c) may allocate, pursuant to subdivision (a) of Section 33690 or subdivision (a) of Section 33690.5, as applicable, to the auditor less than the amount required by subdivision (a) of Section 33690 or subdivision (a) of Section 33690.5, as applicable, if the agency finds that any of the following has occurred: (1) That the difference between the amount allocated to the agency and the amount required by subdivision (a) of Section 33690 or subdivision (a) of Section 33690.5, as applicable, is necessary to make payments on existing indebtedness that are due or required to be committed, set aside, or reserved by the agency during the 2009–10 fiscal year or the 2010–11 fiscal year, as applicable, and that are used by the agency for that purpose, and the agency has no other funds that can be used to pay this existing indebtedness and no other feasible method to reduce or avoid this indebtedness. (2) The agency has no other funds to make the allocation required by subdivision (a) of Section 33690 or subdivision (a) of Section 33690.5, as applicable. (c) (1) Any agency that intends to allocate, pursuant to subdivision (b), to the auditor less than the amount required by subdivision (a) of Section 33690 shall adopt, prior to December 31, 2009, after a noticed public hearing, a resolution that lists all of the following: (A) Each existing indebtedness incurred prior to the effective date of this section. (B) Each indebtedness on which a payment is required to be made during the applicable fiscal year. (C) The amount of each payment, the time when it is required to be paid, and the total of the payments required to be made during the applicable fiscal year. For indebtedness that bears interest at a variable rate, or for short-term indebtedness that is maturing during the fiscal year and that is expected to be refinanced, the amount of payments during the fiscal year shall be estimated by the agency. (2) Any agency that intends to allocate, pursuant to subdivision (b), to the auditor less than the amount required by subdivision (a) of Section 33690.5 shall adopt, prior to December 31, 2010, after a noticed public hearing, a resolution that lists all of the following: (A) Each existing indebtedness incurred prior to the effective date of this section. (B) Each indebtedness on which a payment is required to be made during the applicable fiscal year. (C) The amount of each payment, the time when it is required to be paid, and the total of the payments required to be made during the applicable fiscal year. For indebtedness that bears interest at a variable rate, or for short-term indebtedness that is maturing during the fiscal year and that is expected to be refinanced, the amount of payments during the fiscal year shall be estimated by the agency. (3) The information contained in the resolution required by this subdivision shall be reviewed for accuracy by the chief fiscal officer of the agency. (4) The legislative body shall additionally adopt the resolution required by this section. (d) (1) (A) Any agency that determines, pursuant to subdivision (b), that it will be unable in the 2009–10 fiscal year to allocate the full amount required by subdivision (a) of Section 33690 may enter into, subject to paragraph (3), an agreement with the legislative body by February 15, 2010, to fund the payment of the difference between the full amount required to be paid pursuant to subdivision (a) of Section 33690 and the amount available for allocation by the agency. (B) Any agency that determines, pursuant to subdivision (b), that it will be unable in the 2010–11 fiscal year to allocate the full amount required by subdivision (a) of Section 33690.5 may enter into, subject to paragraph (3), an agreement with the legislative body by February 15, 2011, to fund the payment of the difference between the full amount required to be paid pursuant to subdivision (a) of Section 33690.5 and the amount available for allocation by the agency. (2) The obligations imposed by paragraph (1) are hereby declared to be indebtedness incurred by the agency to finance a portion of a redevelopment project within the meaning of Section 16 of Article XVI of the California Constitution. This indebtedness shall be payable from tax revenues apportioned to the agency pursuant to Section 33670, and any other funds received by the agency. The obligations imposed by paragraph (1) shall remain an indebtedness of the agency to the legislative body until paid in full, or until the agency and the legislative body otherwise agree. (3) The agreements described in paragraph (1) shall be subject to those terms and conditions specified in a written agreement between the legislative body and the agency. (e) If the agency fails to provide to the county auditor the full payment required under Section 33690 by May 10, 2010, or 33690.5 by May 10, 2011, as applicable, or fails to arrange for full payment to be provided on the agency’s behalf pursuant to subdivision (d) or by Section 33688 or 33692, all of the following shall apply: (1) The agency shall be prohibited from adding new project areas or expanding existing project areas. For purposes of this paragraph, “project area” has the same meaning as in Sections 33320.1 to 33320.3, inclusive, and Section 33492.3. (2) The agency shall be prohibited from issuing new bonds, notes, interim certificates, debentures, or other obligations, whether funded, refunded, assumed, or otherwise, pursuant to Article 5 (commencing with Section 33640) of this chapter. (3) The agency shall be prohibited from encumbering any funds or expending any moneys derived from any source, except that the agency may encumber funds and expend funds to pay, if any, all of the following: (A) Bonds, notes, interim certificates, debentures, or other obligations issued by an agency before the imposition of the prohibition in paragraph (2), whether funded, refunded, assumed, or otherwise, pursuant to Article 5 (commencing with Section 33460) of this chapter. (B) Loans or moneys advanced to the agency, including, but not limited to, loans from federal, state, local agencies, or a private entity. (C) Contractual obligations that, if breached, could subject the agency to damages or other liabilities or remedies. (D) Obligations incurred pursuant to Section 33445. (E) Indebtedness incurred pursuant to Section 33334.2 or 33334.6. (F) Obligations incurred pursuant to Section 33401. (G) An amount, to be expended for the monthly operation and administration of the agency, that may not exceed 75 percent of the average monthly amount spent for those purposes in the fiscal year preceding the fiscal year in which the agency failed to make the payment required by subdivision (a) of Section 33690 or subdivision (a) of Section 33690.5, as applicable. (f) The prohibitions identified in subdivision (e) shall be lifted once the county auditor certifies to the Director of Finance that the payment required by Section 33690 or 33690.5, as applicable, has been made by the agency, or that payment has been made on the agency’s behalf pursuant to this section or to Section 33688 or 33692. (Added by Stats. 2009, 4th Ex. Sess., Ch. 21, Sec. 8. (AB 26 4x) Effective October 23, 2009.)
  32. 33691.5.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 7. School Finance [33680 - 33692] ( Article 7 added by Stats. 1992, Ch. 699, Sec. 7. )

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    A redevelopment agency may be exempt from certain prohibitions and requirements if specified conditions are certified by the county auditor, and it may use legally available funds to make the required payments.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 7. School Finance [33680 - 33692] ( Article 7 added by Stats. 1992, Ch. 699, Sec. 7. ) ## 33691.5. (a) A redevelopment agency that fails to allocate to the county auditor either or both of the full remittances required pursuant to subdivision (a) of Section 33690 or subdivision (a) of Section 33690.5, respectively, or that fails to arrange for full payment of either or both of those remittances pursuant to subdivision (c) of Section 33688, subdivision (d) of Section 33691, or Section 33692, shall be exempt from the prohibitions set forth in subdivision (e) of Section 33691 and the requirement set forth in paragraph (4) of subdivision (k) of Section 33334.2, if the county auditor certifies to the Department of Finance that all of the following conditions have been met: (1) The agency adopted the resolution described in paragraph (1) or paragraph (2) of subdivision (c) of Section 33691, and failed to make the full remittance by May 10, 2010, or May 10, 2011, as applicable, pursuant to Section 33692. (2) The county reduced the tax increment revenue payable to the agency by at least 20 percent in the 2009–10 fiscal year. (3) The agency has entered into an agreement with the Department of Finance, as described in subdivision (d) of Section 33691, with respect to either or both of the full remittances, and that agreement (A) commits the agency to paying the remaining amount due to satisfy either or both of the full remittances over a time period of no more than the earlier of 30 years or the life of the redevelopment agency and (B) requires the first payment towards that obligation to be due to the county on or before May 10, 2011, without regard to whether that payment is for the full remittance for the 2009–10 fiscal year, 2010–11 fiscal year, or both. (b) An agency that is making payments as described in paragraph (3) of subdivision (a) may use all legally available funds to make those payments, and may pay off the outstanding balance of either or both of those full remittances at any time. (Added by Stats. 2010, Ch. 722, Sec. 8. (SB 863) Effective October 19, 2010.)
  33. 33692.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 7. School Finance [33680 - 33692] ( Article 7 added by Stats. 1992, Ch. 699, Sec. 7. )

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    A legislative body may make certain remittances to the county auditor instead of the remittances otherwise required by other sections, subject to fiscal-year and deadline limits.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 7. School Finance [33680 - 33692] ( Article 7 added by Stats. 1992, Ch. 699, Sec. 7. ) ## 33692. (a) In lieu of the remittance required by Section 33690, for the 2009–10 fiscal year, a legislative body may remit, prior to May 10, 2010, an amount equal to the amount determined for the agency pursuant to paragraph (2) of subdivision (a) of Section 33690 to the county auditor for deposit in the county Supplemental Educational Revenue Augmentation Fund, to be established in the county treasury pursuant to paragraph (1) of subdivision (a) of Section 33690. (b) In lieu of the remittance required by Section 33690.5, for the 2010–11 fiscal year, a legislative body may remit, prior to May 10, 2011, an amount equal to the amount determined for the agency pursuant to paragraph (2) of subdivision (a) of Section 33690.5 to the county auditor for deposit in the county Supplemental Educational Revenue Augmentation Fund, to be established in the county treasury pursuant to paragraph (1) of subdivision (a) of Section 33690. (c) The legislative body may make the remittance authorized by this section from any funds that are legally available for this purpose. (Added by Stats. 2009, 4th Ex. Sess., Ch. 21, Sec. 9. (AB 26 4x) Effective October 23, 2009.)
  34. 33740.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 7.5. Loans to Tax-Exempt Organizations [33740 - 33746] ( Chapter 7.5 added by Stats. 1988, Ch. 1610, Sec. 2. )

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    The Legislature states it is beneficial to empower redevelopment agencies to issue tax-exempt revenue bonds.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 7.5. Loans to Tax-Exempt Organizations [33740 - 33746] ( Chapter 7.5 added by Stats. 1988, Ch. 1610, Sec. 2. ) ## 33740. The Legislature hereby finds and declares that it would be beneficial to empower redevelopment agencies to issue tax-exempt revenue bonds for the purpose of lending the proceeds to nonprofit organizations exempt from federal income taxation pursuant to Section 501(c)(3) of the Internal Revenue Code of 1986, as amended (26 U.S.C. Sec. 501(c)(3)), for the housing purposes specified in Section 33741. (Added by Stats. 1988, Ch. 1610, Sec. 2.)
  35. 33741.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 7.5. Loans to Tax-Exempt Organizations [33740 - 33746] ( Chapter 7.5 added by Stats. 1988, Ch. 1610, Sec. 2. )

    Verify source ↗

    An agency may issue bonds to fund loans to qualifying nonprofit organizations for specified housing purposes, and the bonds must meet Internal Revenue Code Section 145 requirements.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 7.5. Loans to Tax-Exempt Organizations [33740 - 33746] ( Chapter 7.5 added by Stats. 1988, Ch. 1610, Sec. 2. ) ## 33741. An agency may issue bonds to provide funds to be loaned by the agency to nonprofit organizations exempt from federal income taxation under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended (26 U.S.C. Sec. 501(c)(3)), for use by the organization to finance the acquisition, construction, rehabilitation, refinancing, or development of multifamily rental housing, including mobilehome parks that are or will be nonprofit or cooperatively owned, or both, in which residents rent spaces and either rent or own the mobilehomes occupying these spaces, to provide housing within the territorial jurisdiction of the agency in accordance with the organization’s tax-exempt purposes under that federal law. The bonds shall be issued so as to satisfy the requirements of Section 145 of the Internal Revenue Code of 1986, as amended (26 U.S.C. Sec. 145). (Amended by Stats. 1996, Ch. 27, Sec. 1. Effective April 8, 1996.)
  36. 33742.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 7.5. Loans to Tax-Exempt Organizations [33740 - 33746] ( Chapter 7.5 added by Stats. 1988, Ch. 1610, Sec. 2. )

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    This section sets housing occupancy and rent rules for certain projects financed under the chapter, including unit set-asides for lower-income households, rent caps for very low-income units, and a required regulatory agreement with the agency.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 7.5. Loans to Tax-Exempt Organizations [33740 - 33746] ( Chapter 7.5 added by Stats. 1988, Ch. 1610, Sec. 2. ) ## 33742. (a) Occupancy and rent restrictions with respect to housing acquired pursuant to this chapter shall either meet the requirements of subparagraphs (A) and (B) of paragraph (1) or the requirements of paragraph (2), as follows: (1) (A) Not less than 20 percent of the total number of units in a multifamily rental housing development financed, or for which financing has been extended or committed, pursuant to this chapter from the proceeds of the sale of bonds of each bond issuance of the agency shall be for occupancy on a priority basis by lower income households, as defined by Section 50079.5. If a multifamily rental housing development is located within a targeted area project, as defined by Section 103(b)(12)(A) of Title 26 of the United States Code, not less than 15 percent of the total number of units financed, or for which financing has been extended or committed pursuant to this chapter, shall be for occupancy on a priority basis by lower income households. Not less than one-half of the units required for occupancy on a priority basis by lower income households shall be for occupancy on a priority basis for very low income households, as defined by Section 50105. (B) (i) With respect to multifamily rental developments that are not mobilehome parks, the rental payments on the units required for occupancy by very low income households paid by the persons occupying the units (excluding any supplemental rental assistance from the state, the federal government, or any other public agency to those persons or on behalf of those units) shall not exceed 30 percent of an amount equal to 50 percent of area median income. If the nonprofit organization elects to establish a base rent for all or part of the units for lower income households and very low income households, the base rents shall be adjusted for household size. In adjusting rents for household size for this purpose, it shall be assumed that one person will occupy a studio unit, two persons will occupy a one-bedroom unit, three persons will occupy a two-bedroom unit, four persons will occupy a three-bedroom unit, and five persons will occupy a four-bedroom unit. (ii) With respect to mobilehome parks: (I) Where a resident rents both the mobilehome and the space occupied by the mobilehome, for spaces and mobilehomes required for occupancy by very low income households, the total rental payments paid by the household on the mobilehome and the space occupied by the mobilehome (excluding any supplemental rental assistance from the state, the federal government, or any other public agency to that household or on behalf of that space and mobilehome) shall not exceed 30 percent of an amount equal to 50 percent of the area median income, adjusted for household size as appropriate for the unit that occupies the space. (II) Where a resident is both the registered and legal owner of the mobilehome, is not making mortgage payments for the purchase of that mobilehome, and rents the space that the mobilehome occupies, for spaces and mobilehomes required for occupancy by very low income households, the total rental charge for occupancy of that space, excluding a reasonable allowance for other related housing costs determined at the time of acquisition of the mobilehome park by the nonprofit corporation, excluding any supplemental rental assistance from the state, the federal government, or any other public agency to that household on behalf of that space and mobilehome, shall not exceed 30 percent of 50 percent of the area median income, adjusted for household size as appropriate for the unit that occupies the space. (III) Where a resident is the registered owner of the mobilehome, is making mortgage payments for the purchase of that mobilehome, and rents the space occupied by the mobilehome, for spaces and mobilehomes required for occupancy by very low income households, the rental charge for occupancy of a space by a mobilehome, exclusive of any charges for utilities and storage (excluding any supplemental rental assistance from the state, the federal government, or any other public agency to that household or on behalf of that space and mobilehome), shall not exceed 15 percent of 50 percent of the area median income, adjusted for household size as appropriate for the unit that occupies the space. (IV) In adjusting rents for household size, either the occupancy standards established in clause (i) of subparagraph (B) of paragraph (1) of subdivision (a) or the alternative standards that assume that one person will occupy a recreational vehicle, two persons will occupy a single-wide mobilehome, and three persons will occupy a multisectional mobilehome may be utilized. (2) The multifamily rental housing development is a “qualified low-income housing project,” within the meaning of Section 42(g) of the federal Internal Revenue Code (26 U.S.C. Sec. 42), because it meets the criteria set forth in Section 42 (g)(1)(B) and (2) of the federal Internal Revenue Code. (b) If at the time of acquisition any of the units or mobilehome spaces are occupied by ineligible households, that fact alone shall neither constitute a cause for the tenant’s eviction nor render the project ineligible. Upon vacation of any unit initially occupied by an ineligible household, that unit shall be rented to an eligible household until the required residency by eligible households is attained. (c) As a condition of financing pursuant to this chapter, the nonprofit organization shall enter into a regulatory agreement with the agency, which shall require that units reserved for occupancy by lower income households shall remain available on a priority basis for occupancy for the term of the bonds issued to provide the financing or 30 years, whichever is greater. The regulatory agreement shall contain a provision making the covenants and conditions of the agreement binding upon successors in interest of the nonprofit organization. The regulatory agreement shall be recorded in the office of the county recorder of the county in which the multifamily rental housing development is located. The regulatory agreement shall be recorded in the grantor-grantee index to the name of the property owner as grantor and to the name of the agency as grantee. (Amended by Stats. 1994, Ch. 379, Sec. 2. Effective January 1, 1995.)
  37. 33743.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 7.5. Loans to Tax-Exempt Organizations [33740 - 33746] ( Chapter 7.5 added by Stats. 1988, Ch. 1610, Sec. 2. )

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    An agency may finance commercial property for lease when doing so with multifamily rental housing financing, but only if the stated conditions are met.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 7.5. Loans to Tax-Exempt Organizations [33740 - 33746] ( Chapter 7.5 added by Stats. 1988, Ch. 1610, Sec. 2. ) ## 33743. An agency may, in conjunction with the financing of multifamily rental housing pursuant to this chapter, finance the acquisition of commercial property for lease, subject to all of the following conditions: (a) No more than 10 percent of the proceeds of any revenue bonds issued pursuant to this chapter may be used to acquire the commercial property for lease. (b) The commercial property acquired will be located on the same parcel or on a parcel adjacent to a multifamily rental housing development. (c) As a condition of the financing, any lease payments collected in excess of payments necessary for debt service, operating expenses and any required reserves related to the property, shall be used to reduce rents or units reserved for occupancy by lower income households and very low income households in a multifamily rental housing development. (Added by Stats. 1988, Ch. 1610, Sec. 2.)
  38. 33744.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 7.5. Loans to Tax-Exempt Organizations [33740 - 33746] ( Chapter 7.5 added by Stats. 1988, Ch. 1610, Sec. 2. )

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    The agency must promptly investigate complaints about violations, report back to the complainant, and take appropriate action to eliminate any violation. An aggrieved person may seek a judicial remedy.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 7.5. Loans to Tax-Exempt Organizations [33740 - 33746] ( Chapter 7.5 added by Stats. 1988, Ch. 1610, Sec. 2. ) ## 33744. Whenever a complaint is received concerning a violation of the restrictions imposed pursuant to Section 33742, the agency shall investigate promptly and make a report to the complaining party on whether the violation existed and whether it persists, and if it persists, what action the agency will take to remedy the violation. When the agency determines that a violation exists, whether determined upon an investigation of a complaint or on its own motion, the agency shall take all appropriate action, including necessary legal action, to promptly eliminate the violation. Notwithstanding other provisions of this section, any person aggrieved by a violation of the restrictions imposed pursuant to Section 33742 may seek a judicial remedy without regard to whether a complaint has been made to the agency or whether the agency is then taking any action to remedy the violation. (Added by Stats. 1988, Ch. 1610, Sec. 2.)
  39. 33745.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 7.5. Loans to Tax-Exempt Organizations [33740 - 33746] ( Chapter 7.5 added by Stats. 1988, Ch. 1610, Sec. 2. )

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    An agency may issue its bonds to cover certain costs connected with issuing and selling those bonds.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 7.5. Loans to Tax-Exempt Organizations [33740 - 33746] ( Chapter 7.5 added by Stats. 1988, Ch. 1610, Sec. 2. ) ## 33745. For the purposes of this chapter, an agency shall have the power to issue its bonds to defray, in whole or in part, the costs of studies and surveys, insurance premiums, underwriting fees, and legal, accounting and marketing services incurred in connection with the issuance and sale of bonds pursuant to this chapter, including bond and mortgage reserve accounts, trustee, custodian, and rating agency fees, and any other costs which are reasonably related to the foregoing. (Added by Stats. 1988, Ch. 1610, Sec. 2.)
  40. 33746.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 7.5. Loans to Tax-Exempt Organizations [33740 - 33746] ( Chapter 7.5 added by Stats. 1988, Ch. 1610, Sec. 2. )

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    Bonds under this chapter must be repaid only from loan principal and interest payments, and the agency may pledge those payments to secure the bonds.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 7.5. Loans to Tax-Exempt Organizations [33740 - 33746] ( Chapter 7.5 added by Stats. 1988, Ch. 1610, Sec. 2. ) ## 33746. (a) Bonds issued pursuant to this chapter shall be repayable solely from payments of principal and interest on account of the loans funded thereby. The agency may pledge all or any portion of these payments to secure the bonds. (b) Neither the members of the agency nor any person executing the bonds shall be personally liable on the bonds or be subject to any personal liability or accountability by reason of the issuance thereof. (c) The exercise of the powers granted by this chapter shall be in all respects for the benefit of the people of this state and for their health and welfare. Any bonds issued under this chapter, their transfer, and income therefrom shall at all times be free from taxation of every kind by the state and by the municipalities and political subdivisions of the state, except estate taxes. (d) This chapter provides an alternative method for issuing bonds and lending moneys for acquisition of multifamily rental housing by private nonprofit organizations. (Added by Stats. 1988, Ch. 1610, Sec. 2.)
  41. 33750.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 8. Redevelopment Construction Loans [33750 - 33799] ( Chapter 8 added by Stats. 1975, Ch. 48. ) ## ARTICLE 1. General Provisions and Definitions [33750 - 33753] ( Article 1 added by Stats. 1975, Ch. 48. )

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    The Legislature states that redevelopment agencies should be authorized to use long-term, low-interest loans through qualified mortgage lenders to finance residential construction.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 8. Redevelopment Construction Loans [33750 - 33799] ( Chapter 8 added by Stats. 1975, Ch. 48. ) ## ARTICLE 1. General Provisions and Definitions [33750 - 33753] ( Article 1 added by Stats. 1975, Ch. 48. ) ## 33750. The Legislature finds and declares that it is necessary and essential that redevelopment agencies be authorized to make long-term, low-interest loans through qualified mortgage lenders to finance residential construction in order to encourage investment and upgrade redevelopment project areas and increase the supply of housing. Unless redevelopment agencies intervene to generate mortgage funds and to provide some form of assistance to finance residential construction, many redevelopment areas will stagnate and deteriorate because owners and investors are not able to obtain loans from private sources. The Legislature further finds and declares that financing of rehabilitation, as provided in this chapter, serves an essential public purpose for the economic renewal of our cities. (Amended by Stats. 1981, Ch. 602.)
  42. 33751.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 8. Redevelopment Construction Loans [33750 - 33799] ( Chapter 8 added by Stats. 1975, Ch. 48. ) ## ARTICLE 1. General Provisions and Definitions [33750 - 33753] ( Article 1 added by Stats. 1975, Ch. 48. )

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    The Legislature states that residential construction financing would help increase housing supply, support urban reinvestment, reduce suburbanization pressure, and stimulate construction and employment.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 8. Redevelopment Construction Loans [33750 - 33799] ( Chapter 8 added by Stats. 1975, Ch. 48. ) ## ARTICLE 1. General Provisions and Definitions [33750 - 33753] ( Article 1 added by Stats. 1975, Ch. 48. ) ## 33751. The Legislature further finds and determines that a program to provide residential construction financing would accomplish the following: (a) Facilitate increasing the supply of urban housing and ease the housing shortage that exists in many parts of the state. (b) Encourage Californians of all social and economic positions to reinhabit urban areas, thereby rendering these areas more socially balanced and economically self-sufficient. (c) Reduce pressures for suburbanization and thereby mitigate many of the problems caused by urban migration, including inefficient use of scarce energy resources and urban sprawl. (d) Stimulate urban building and construction activity and thereby increase urban employment and improve the urban tax base. (Added by Stats. 1975, Ch. 48.)
  43. 33751.5.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 8. Redevelopment Construction Loans [33750 - 33799] ( Chapter 8 added by Stats. 1975, Ch. 48. ) ## ARTICLE 1. General Provisions and Definitions [33750 - 33753] ( Article 1 added by Stats. 1975, Ch. 48. )

    Verify source ↗

    The Legislature states that construction and rehabilitation of residences for low- or moderate-income occupancy may be included in redevelopment plans, even if the work is outside a redevelopment area.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 8. Redevelopment Construction Loans [33750 - 33799] ( Chapter 8 added by Stats. 1975, Ch. 48. ) ## ARTICLE 1. General Provisions and Definitions [33750 - 33753] ( Article 1 added by Stats. 1975, Ch. 48. ) ## 33751.5. The Legislature further finds and declares that the construction and rehabilitation of residences intended for occupancy primarily by persons and families of low or moderate income, as defined in Section 50093, is properly included within redevelopment plans whether or not such construction or rehabilitation is to occur within a redevelopment area, since redevelopment agencies have specific obligations for development of housing whether or not such development is feasible within specific redevelopment project areas. (Amended by Stats. 1980, Ch. 1330.)
  44. 33752.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 8. Redevelopment Construction Loans [33750 - 33799] ( Chapter 8 added by Stats. 1975, Ch. 48. ) ## ARTICLE 1. General Provisions and Definitions [33750 - 33753] ( Article 1 added by Stats. 1975, Ch. 48. )

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    This section states the Legislature’s intent to promote urban redevelopment and says the chapter does not forbid financing certain federally assisted housing if the project fits the redevelopment plan and the loan is insured.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 8. Redevelopment Construction Loans [33750 - 33799] ( Chapter 8 added by Stats. 1975, Ch. 48. ) ## ARTICLE 1. General Provisions and Definitions [33750 - 33753] ( Article 1 added by Stats. 1975, Ch. 48. ) ## 33752. It is the intent of the Legislature, in enacting this chapter, to strengthen the vitality and promote the completion of urban redevelopment for the general public benefit. The construction of federally assisted housing for low- and moderate-income households is not a primary purpose of this chapter. However, nothing in this chapter shall be deemed to prohibit financing of federally assisted housing for low- and moderate-income households when such housing is consistent with the redevelopment plan and the loan is directly or indirectly insured. (Added by Stats. 1975, Ch. 48.)
  45. 33753.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 8. Redevelopment Construction Loans [33750 - 33799] ( Chapter 8 added by Stats. 1975, Ch. 48. ) ## ARTICLE 1. General Provisions and Definitions [33750 - 33753] ( Article 1 added by Stats. 1975, Ch. 48. )

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    This section defines key terms for redevelopment construction loans and limits who may participate in certain financing arrangements.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 8. Redevelopment Construction Loans [33750 - 33799] ( Chapter 8 added by Stats. 1975, Ch. 48. ) ## ARTICLE 1. General Provisions and Definitions [33750 - 33753] ( Article 1 added by Stats. 1975, Ch. 48. ) ## 33753. The definitions set forth in Article 1 (commencing with Section 33000) of Chapter 1 of this part shall govern the construction of this chapter. Additionally, as used in this chapter: (a) “Construction loan” means a loan to finance residential construction under this chapter, whether such loan is insured or uninsured. (b) “Financing” means the lending of moneys or any other thing of value for the purpose of facilitating residential construction pursuant to this chapter, including the making of construction loans and mortgage loans to purchasers of newly constructed and newly rehabilitated residences and the making of loans to qualified mortgage lenders, and the making of mortgage loans to purchasers of newly constructed or existing residences located in targeted areas as provided in Section 33760. (c) “Local codes” means applicable local, state and federal standards for residential construction or rehabilitation, including any other standards adopted by the agency for a redevelopment project area or as part of its redevelopment program. (d) “Mortgage loan” means a long-term loan which is secured by a mortgage and is made for permanent financing of residences, pursuant to this chapter. (e) “Participating party” means any person, corporation, partnership, firm, or other entity or group of entities requiring financing for residential construction pursuant to the provisions of this chapter. No elective officer of the state other than officers provided for by Article VI of the California Constitution, and no employee or member of the redevelopment agency, shall be eligible to be a participating party under the provisions of this chapter. If any elected officer of any political subdivision of the state participates in deliberations or votes on a financing plan, redevelopment plan, or bond issue, that person shall not be eligible to be a participating party for bonds issued pursuant to those plans or issues. (f) “Qualified mortgage lender” means a mortgage lender authorized by a redevelopment agency to do business with the agency and to aid in financing pursuant to this chapter on behalf of the agency, for which service the qualified mortgage lender will be reasonably compensated. Such a mortgage lender shall be a state or national bank, federal or state-chartered savings and loan association, or trust company or mortgage banker which is capable of providing service or otherwise aiding in the financing of mortgages on residential construction within the jurisdiction of the agency. Nothing in any other provision of state law shall prevent such a lender from serving as a qualified mortgage lender pursuant to this chapter. (g) “Redevelopment project area” means a project area, as defined in Section 33320.1, for which a final redevelopment plan has been adopted pursuant to Section 33365. (h) “Rehabilitation” means repairs and improvements to a substandard residence necessary to make it meet local codes; and also means the acquisition of substandard residences for purposes of repairs and improvements where the cost of such repairs and improvements equals or exceeds 25 percent of the cost of the acquisition. As used in this section, “substandard residence” has the same meaning as the term “substandard building,” as defined in Section 17920.3, except that “substandard residence” shall include all property improved with any structure defined in subdivision (j) of this section as a “residence,” with respect to which any of the conditions listed in Section 17920.3 exist. (i) “Residential construction” means the construction of new residences or the rehabilitation and improvement of substandard residences to meet requirements of local codes and the redevelopment plan. “Residential construction” also means the improvement of residences as provided in subdivision (h). (j) (1) “Residence” means real property improved with a residential structure and within a redevelopment project area real property improved with a commercial structure (or structures) or a mixed residential and commercial structure, which the redevelopment agency determines to be an integral part of a residential neighborhood. For purposes of determining the integrality of new construction for such purpose, a proposed commercial or mixed residential and commercial structure shall be located within or immediately adjacent to a neighborhood primarily residential in character. (2) “Residence” also means residential hotels in which not less than one-half of the occupied dwelling units are occupied on a nontransient basis. A dwelling unit shall be deemed to be used on a nontransient basis if the term of the tenancy is one month or longer or if the tenant has resided in the unit for more than 30 days. In a residential hotel, individual dwelling units shall lack either cooking facilities or individual sanitary facilities, or both. However, for purposes of this paragraph, a residential hotel does not include dormitories, fraternity and sorority houses, hospitals, sanitariums, rest homes, or trailer parks and courts. New construction of any commercial structure, or of the commercial portion of any mixed residential and commercial structure, financed under this chapter shall not exceed 80,000 square feet of gross building area per development. Any suit challenging such finding shall be filed within 60 days, or the findings of the agency shall be conclusive. An agency may not provide long-term financing pursuant to this chapter for new construction of a commercial structure or the commercial portion of a mixed residential and commercial structure if conventional financing in an amount sufficient to complete the construction has been obtained for the construction of such structure or portion thereof. Prior to the financing of any commercial structure within a redevelopment project area, the agency shall adopt a financing plan by resolution, which may include commercial and residential structures. The square footage of the commercial structures shall not exceed 30 percent of the aggregate square footage of all the commercial and residential structures within the project area and financed pursuant to the financing plan. The financing plan for the commercial and residential structures shall include structures that have been, or are being, financed pursuant to this chapter or under federal or state financial assistance programs or local assistance programs of any kind whatsoever. However, such a financing plan shall not be required for an agency that has financed residential structures with the proceeds of bonds issued prior to September 30, 1980, nor shall such amendments affect the validity of the tax-exempt status of bonds issued pursuant to this chapter prior to such date. Additionally, any financing for a commercial structure or a mixed residential and commercial structure authorized or preliminarily approved by resolution adopted by a redevelopment agency or community development commission established pursuant to Section 33201 either (1) on or before June 3, 1980, in furtherance of which the agency or any person or entity has expended substantial funds or committed to reimburse another person or entity which has expended substantial funds; provided that if the long-term permanent financing is in excess of five million dollars ($5,000,000) on any one project from all financing sources, including conventional and tax-exempt financing, a redevelopment agency or community development commission shall not provide such long-term permanent financing unless such agency or commission adopted a resolution before January 1, 1981, officially approving and authorizing the sale of revenue bonds to provide such long-term permanent financing, and the bonds were sold and delivered before March 1, 1981; or (2) before October 31, 1980, in furtherance of which the agency has expended funds in connection with such financing or plans relating to such financing if the structure to be financed is located within a city designated pursuant to Section 119 of federal Public Law 95-128, as amended, or within a city designated as of September 30, 1980, under Title IX of federal Public Law 89-136, as amended, as a long-term economic deterioration area, or financing for a commercial structure or mixed residential and commercial structure as to which bonds have been delivered on or before July 31, 1980 (without regard to the date the bonds were authorized or received preliminary approval), shall not be subject to new requirements or conditions of this subdivision enacted by Chapter 1331 of the Statutes of 1980. “Residence” includes condominium and cooperative dwelling units, and includes both real property improved with single-family residential structures and real property improved with multiple-family residential structures. (k) “Revenue bonds” means any bonds, notes, interim certificates, debentures, or other obligations issued by an agency pursuant to this chapter and which are payable exclusively from revenues and from any other funds specified in this chapter upon which the revenue bonds may be made a charge and from which they are payable. ( l) “Revenues” means all amounts received as repayment of principal, interest, and all other charges received for, and all other income and receipts derived by, the redevelopment agency from the financing of residential construction, including moneys deposited in a sinking, redemption, or reserve fund or other fund to secure the revenue bonds or to provide for the payment of the principal of, or interest on, the revenue bonds. (m) “Target areas” has the same meaning as in Section 103A of the Federal Internal Revenue Code of 1954, as amended. (Amended by Stats. 1983, Ch. 478, Sec. 1. Effective July 28, 1983.)
  46. 33760.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 8. Redevelopment Construction Loans [33750 - 33799] ( Chapter 8 added by Stats. 1975, Ch. 48. ) ## ARTICLE 2. Powers and Procedures [33760 - 33769] ( Article 2 added by Stats. 1975, Ch. 48. )

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    This section lets an agency finance residential construction and sets affordability and occupancy conditions for some financed units.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 8. Redevelopment Construction Loans [33750 - 33799] ( Chapter 8 added by Stats. 1975, Ch. 48. ) ## ARTICLE 2. Powers and Procedures [33760 - 33769] ( Article 2 added by Stats. 1975, Ch. 48. ) ## 33760. (a) Within its territorial jurisdiction, an agency may determine the location and character of any residential construction to be financed under this chapter and may make mortgage or construction loans to participating parties through qualified mortgage lenders, or purchase mortgage or construction loans without premium made by qualified mortgage lenders to participating parties, or make loans to qualified mortgage lenders, for financing any of the following: (1) Residential construction within a redevelopment project area. (2) Residential construction of residences in which the dwelling units are committed, for the period during which the loan is outstanding, for occupancy by persons or families who are eligible for financial assistance specifically provided by a governmental agency for the benefit of occupants of the residence. (3) To the extent required by Section 103A of Title 26 of the United States Code, as amended, to maintain the exemption from federal income taxes of interest on bonds or notes issued by the agency under this chapter, residences located within targeted areas, as defined by Section 103(b)(12)(A) of Title 26 of the United States Code. Any loans to qualified mortgage lenders shall be made under terms and conditions which, in addition to other provisions as determined by the agency, shall require the qualified mortgage lender to use all of the net proceeds thereof, directly or indirectly, for the making of mortgage loans or construction loans in an appropriate principal amount equal to the amount of the net proceeds. Those mortgage loans may, but need not, be insured. (b) (1) Not less than 20 percent (15 percent in target areas) of the units in any residential project financed pursuant to this section on or after January 1, 1986, shall be occupied by, or made available to, individuals of low and moderate income, as defined by Section 103(b)(12)(C) of Title 26 of the United States Code. If the sponsor elects to establish a base rent for units reserved for lower income households, the base rents shall be adjusted for household size. In adjusting rents for household size, the agency shall either assume, pursuant to Section 8 of the United States Housing Act of 1937 (42 U.S.C. Sec. 1437f), or its successor, that a family of one person will occupy a studio unit, two persons will occupy a one-bedroom unit, three persons will occupy a two-bedroom unit, four persons will occupy a three-bedroom unit, and five persons will occupy a four-bedroom unit or shall utilize occupancy assumptions that it determines to be appropriate and commercially reasonable for financing extended pursuant to this chapter. (2) Not less than one-half of the units described in paragraph (1) shall be occupied by, or made available to, very low income households, as defined by Section 50105. The rental payments for those units paid by the persons occupying the units (excluding any supplemental rental assistance from the state, the federal government, or any other public agency to those persons or on behalf of those units) shall not exceed the amount derived by multiplying 30 percent times 50 percent of the median adjusted gross income for the area adjusted for family size. In adjusting rental payments for family size, the agency shall either assume, pursuant to Section 8 of the United States Housing Act of 1937 (42 U.S.C. Sec. 1437f), or its successor, that a family of one person will occupy a studio unit, two persons will occupy a one-bedroom unit, three persons will occupy a two-bedroom unit, four persons will occupy a three-bedroom unit, and five persons will occupy a four-bedroom unit or shall utilize occupancy assumptions that it determines to be appropriate and commercially reasonable for financing extended pursuant to this chapter. (c) Units required to be reserved for occupancy as provided in subdivision (b) and financed with the proceeds of bonds issued on or after January 1, 1986, shall remain occupied by, or made available to, those persons until the bonds are retired. (d) (1) When issuing tax-exempt bonds for purposes of this section, the regulatory agreement entered into by the agency shall require that following the expiration or termination of the qualified project period, except in the event of foreclosure and redemption of the bonds, deed in lieu of foreclosure, eminent domain, or action of a federal agency preventing enforcement, units required to be reserved for occupancy for low- or very low income households and financed or refinanced with proceeds of bonds issued pursuant to this section on or after January 1, 2006, or refinanced with the proceeds of bonds issued pursuant to Section 53583 of the Government Code or any charter city authority on or after January 1, 2007, shall remain available to any eligible household occupying a reserved unit at the date of expiration or termination, at a rent not greater than the amount set forth by the regulatory agreement prior to the date or expiration or termination, until the earliest of any of the following occur: (A) The household’s income exceeds 140 percent of the maximum eligible income specified in the regulatory agreement for reserved units. (B) The household voluntarily moves or is evicted for “good cause.” “Good cause” for the purposes of this section, means the nonpayment of rent or allegation of facts necessary to prove major, or repeated minor, violations of material provisions of the occupancy agreement which detrimentally affect the health and safety of other persons or the structure, the fiscal integrity of the development, or the purposes or special programs of the development. (C) Thirty years after the date of the commencement of the qualified project period. (D) The sponsor pays the relocation assistance and benefits to tenants as provided in subdivision (b) of Section 7264 of the Government Code. (2) As used in this subdivision, “qualified project period” shall have the meaning specified in, and shall be determined in accordance with the provisions of, subsection (d) of Section 142 of the Internal Revenue Code of 1986, as amended, and United States Treasury regulations and rulings promulgated pursuant thereto. (3) The amendment to this subdivision made during the 2005–06 Regular Session of the Legislature that is set forth in paragraph (1) is declaratory of existing law. (Amended by Stats. 2017, Ch. 418, Sec. 5. (AB 1714) Effective January 1, 2018.)
  47. 33760.5.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 8. Redevelopment Construction Loans [33750 - 33799] ( Chapter 8 added by Stats. 1975, Ch. 48. ) ## ARTICLE 2. Powers and Procedures [33760 - 33769] ( Article 2 added by Stats. 1975, Ch. 48. )

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    Certain agencies may finance multifamily rental housing outside redevelopment project areas, but the projects must meet income-eligibility and bond-issuance restrictions.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 8. Redevelopment Construction Loans [33750 - 33799] ( Chapter 8 added by Stats. 1975, Ch. 48. ) ## ARTICLE 2. Powers and Procedures [33760 - 33769] ( Article 2 added by Stats. 1975, Ch. 48. ) ## 33760.5. (a) Notwithstanding the requirements of Section 33760, agencies which operate within a jurisdiction, the population of which is in excess of 600,000 persons, as determined by the Department of Finance, may additionally provide financing for residential construction of multifamily rental units outside of a redevelopment project area as set forth in and subject to the limitations of this section. (b) Within its territorial jurisdiction, an agency may determine the location and character of any residential construction to be financed under this chapter and may make mortgage or construction loans to participating parties through qualified mortgage lenders, or purchase mortgage or construction loans without premium made by qualified mortgage lenders to participating parties for financing residential construction of multifamily rental units. (c) Not less than 20 percent (15 percent in target areas) of the units in each project financed pursuant to this section shall be occupied by, or made available to, individuals of low and moderate income, as defined in Section 103(b)(12)(C) of Title 26 of the United States Code. If the sponsor elects to establish a base rent for units reserved for lower income households, the base rents shall be adjusted for household size, as determined pursuant to Section 8 of the United States Housing Act of 1937 (42 U.S.C. Sec. 1437f), or its successor, for a family of one person in the case of a studio unit, two persons in the case of a one-bedroom unit, three persons in the case of a two-bedroom unit, four persons in the case of a three-bedroom unit, and five persons in the case of a four-bedroom unit. (d) Not less than one-half of the low- and moderate-income units described in subdivision (c) shall be occupied by, or made available to, very low income households, as defined in Section 50105. The rental payments for those units paid by the persons occupying the units (excluding any supplemental rental assistance from the state, the federal government, or any other public agency to those persons or on behalf of those units) shall not exceed the amount derived by multiplying 30 percent times 50 percent of the median adjusted gross income for the area, adjusted for family size, as determined pursuant to Section 8 of the United States Housing Act of 1937, (42 U.S.C. Sec. 1437f), or its successor, for a family of one person in the case of a studio unit, two persons in the case of a one-bedroom unit, three persons in the case of a two-bedroom unit, four persons in the case of a three-bedroom unit, and five persons in the case of a four-bedroom unit. (e) No agency may issue any bonds on or after January 1, 1986, until the information required to be filed pursuant to Section 8855.5 of the Government Code has been filed with the California Debt Advisory Commission and the Treasurer certifies to the Legislature that the agency has filed that information. (f) Units required to be reserved for occupancy by subdivisions (c) and (d) and financed with the proceeds of bonds issued on or after January 1, 1986, shall remain occupied by, or made available to, those persons until the bonds are retired. (g) This section shall become operative January 1, 1996. (Amended (as amended by Stats. 1987, Ch. 324) by Stats. 1990, Ch. 1440, Sec. 3. Note: Subdivision (g) (inserted by this amendment) made this section inoperative from Jan. 1, 1991, until Jan. 1, 1996, during temporary operation of the Section 33760.5 added by Sec. 4 of Ch. 1440.)
  48. 33760.7.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 8. Redevelopment Construction Loans [33750 - 33799] ( Chapter 8 added by Stats. 1975, Ch. 48. ) ## ARTICLE 2. Powers and Procedures [33760 - 33769] ( Article 2 added by Stats. 1975, Ch. 48. )

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    Multifamily rental housing receiving financial assistance under Section 33760 or 33760.5 must follow the same notice requirements stated in Government Code Section 65863.10.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 8. Redevelopment Construction Loans [33750 - 33799] ( Chapter 8 added by Stats. 1975, Ch. 48. ) ## ARTICLE 2. Powers and Procedures [33760 - 33769] ( Article 2 added by Stats. 1975, Ch. 48. ) ## 33760.7. The same notice requirements as specified in Section 65863.10 of the Government Code shall apply to multifamily rental housing that receives financial assistance pursuant to Section 33760 or 33760.5. (Added by Stats. 1988, Ch. 1563, Sec. 2.)
  49. 33761.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 8. Redevelopment Construction Loans [33750 - 33799] ( Chapter 8 added by Stats. 1975, Ch. 48. ) ## ARTICLE 2. Powers and Procedures [33760 - 33769] ( Article 2 added by Stats. 1975, Ch. 48. )

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    An agency may issue revenue bonds for certain residential construction purposes and may also refund certain previously issued bonds; any resulting savings must be limited to specified authorized expenditures.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 8. Redevelopment Construction Loans [33750 - 33799] ( Chapter 8 added by Stats. 1975, Ch. 48. ) ## ARTICLE 2. Powers and Procedures [33760 - 33769] ( Article 2 added by Stats. 1975, Ch. 48. ) ## 33761. An agency may issue revenue bonds for the purpose of financing residential construction authorized by this chapter and for the purpose of funding or refunding previously issued revenue bonds. An agency may also issue revenue bonds for the purpose of refunding bonds previously issued by another political subdivision of the state for the purpose of financing residential construction authorized by this chapter for projects within the jurisdiction of the agency. For the purposes of this section, “political subdivision” means a city, a housing authority, or a nonprofit corporation acting on behalf of a city or a housing authority, all of which operate within the jurisdiction of the agency. Any savings that accrue to the agency from refunding bonds previously issued by another political subdivision shall be limited to the expenditures authorized in subdivision (e) of Section 33334.2. (Amended by Stats. 1992, Ch. 147, Sec. 1. Effective July 9, 1992.)
  50. 33761.5.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 8. Redevelopment Construction Loans [33750 - 33799] ( Chapter 8 added by Stats. 1975, Ch. 48. ) ## ARTICLE 2. Powers and Procedures [33760 - 33769] ( Article 2 added by Stats. 1975, Ch. 48. )

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    When refunding certain multifamily housing revenue bonds, the agency must keep required low-income units occupied by or available to the protected households until the required period ends, and in some cases until the bonds are no longer outstanding. The agency may decide that this period does not apply if the refunding is tied to mandatory redemption or acceleration after default.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 8. Redevelopment Construction Loans [33750 - 33799] ( Chapter 8 added by Stats. 1975, Ch. 48. ) ## ARTICLE 2. Powers and Procedures [33760 - 33769] ( Article 2 added by Stats. 1975, Ch. 48. ) ## 33761.5. (a) (1) When refunding revenue bonds for multifamily housing which were previously issued pursuant to this chapter, the agency shall ensure that rental units required, by this chapter or by applicable federal law at the time the original bonds were issued, to be reserved for occupancy for low- and very low income households shall remain occupied by, or made available to, those persons at least until the later of the following: (A) The date originally so required. (B) As long as any bonds remain outstanding with respect to the development. (2) For bonds previously issued to finance a development where all of the units, other than management units, are, at the time of the refunding, subsidized by a housing assistance payments contract for new construction and substantial rehabilitation pursuant to Section 8 of the United States Housing Act of 1937 (42 U.S.C. Sec. 1437f), subparagraph (B) of paragraph (1) shall mean a period of time until the termination of the contract. (b) The agency may determine that the period set forth in paragraph (1) of subdivision (a) shall not apply to the refunding of previously issued revenue bonds for which there is a mandatory redemption or acceleration as a result of default under the terms of the existing loan agreement or other security documents. (Added by Stats. 1992, Ch. 735, Sec. 1. Effective January 1, 1993.)
  51. 33762.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 8. Redevelopment Construction Loans [33750 - 33799] ( Chapter 8 added by Stats. 1975, Ch. 48. ) ## ARTICLE 2. Powers and Procedures [33760 - 33769] ( Article 2 added by Stats. 1975, Ch. 48. )

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    An agency may set and revise financing fees, charges, and interest rates, and may also buy loans, pay related fees, collect payments, hold or assign mortgage security, and set financing terms.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 8. Redevelopment Construction Loans [33750 - 33799] ( Chapter 8 added by Stats. 1975, Ch. 48. ) ## ARTICLE 2. Powers and Procedures [33760 - 33769] ( Article 2 added by Stats. 1975, Ch. 48. ) ## 33762. An agency may establish limitations respecting fees, charges, and interest rates to be used by qualified mortgage lenders for financing residential construction pursuant to this chapter and may from time to time revise such fees, charges, and interest rates to reflect changes in interest rates on the agency’s revenue bonds, losses due to defaults, changes in loan-servicing charges, or other expenses related to administration of the residential construction financing program. Any change in interest rate shall conform to the provisions of Section 1916.5 of the Civil Code, except that paragraph (3) of subdivision (a) of Section 1916.5 shall not apply and that the “prescribed standard” specified in Section 1916.5 shall be periodically determined by the redevelopment agency after hearing preceded by public notice to affected parties, and shall reflect changes in interest rates on the agency’s bonds, and bona fide changes in loan servicing charges related to the administration of a program under the provisions of this chapter. An agency may purchase mortgage or construction loans made by a qualified mortgage lender without premium or may itself pay such fees and charges incurred in lending money for the purpose of residential construction and may collect and disburse, or may contract to pay any person, partnership, association, corporation, or public agency for, collection and disbursal of payments of principal, interest, taxes, insurance, and mortgage insurance. An agency may hold deeds of trust or mortgages, including mortgages insured under Title II of the National Housing Act, as security for financing residential construction and may pledge or assign the same as security for repayment of revenue bonds. Such deeds of trust or mortgages may be assigned to, and held on behalf of the agency by, any bank or trust company appointed to act as trustee or fiscal agent by the agency in any indenture or resolution providing for issuance of bonds pursuant to this chapter. An agency may establish the terms and conditions of financing, which shall be consistent with the provisions of any applicable federal or state law under which the financing is to be insured. (Amended by Stats. 1979, Ch. 277.)
  52. 33763.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 8. Redevelopment Construction Loans [33750 - 33799] ( Chapter 8 added by Stats. 1975, Ch. 48. ) ## ARTICLE 2. Powers and Procedures [33760 - 33769] ( Article 2 added by Stats. 1975, Ch. 48. )

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    Loans for financing must go through a qualified mortgage lender, and older bond-funded mortgage loans must be insured or guaranteed by approved entities.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 8. Redevelopment Construction Loans [33750 - 33799] ( Chapter 8 added by Stats. 1975, Ch. 48. ) ## ARTICLE 2. Powers and Procedures [33760 - 33769] ( Article 2 added by Stats. 1975, Ch. 48. ) ## 33763. (a) No loan shall be made for financing except through a qualified mortgage lender. (b) All mortgage loans made for financing pursuant to this chapter from the proceeds of bonds issued on or before October 1, 1983, shall be insured or guaranteed, in whole or in part, by any instrumentality of the United States, or the State of California, or by any person licensed to insure mortgages in this state. Mortgage loans made for financing pursuant to this chapter from the proceeds of bonds issued after October 1, 1983, may be insured or guaranteed, in whole or in part by those entities or persons. However, nothing in this subdivision shall impair any contractual rights which may have vested in bondholders or other persons prior to October 1, 1983. (Amended by Stats. 1985, Ch. 1351, Sec. 1.)
  53. 33763.5.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 8. Redevelopment Construction Loans [33750 - 33799] ( Chapter 8 added by Stats. 1975, Ch. 48. ) ## ARTICLE 2. Powers and Procedures [33760 - 33769] ( Article 2 added by Stats. 1975, Ch. 48. )

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    A redevelopment agency must make its loans under a regulation adopted at a public meeting.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 8. Redevelopment Construction Loans [33750 - 33799] ( Chapter 8 added by Stats. 1975, Ch. 48. ) ## ARTICLE 2. Powers and Procedures [33760 - 33769] ( Article 2 added by Stats. 1975, Ch. 48. ) ## 33763.5. All loans made by a redevelopment agency shall be made according to a regulation that contains standards, qualifications, and criteria for the making and approval of loans and that has been adopted by the redevelopment agency at a public meeting. (Added by Stats. 1997, Ch. 565, Sec. 5. Effective January 1, 1998.)
  54. 33764.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 8. Redevelopment Construction Loans [33750 - 33799] ( Chapter 8 added by Stats. 1975, Ch. 48. ) ## ARTICLE 2. Powers and Procedures [33760 - 33769] ( Article 2 added by Stats. 1975, Ch. 48. )

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    An agency may hire and pay for professional and related services for residential construction financing, and may employ financing advisers for revenue bonds.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 8. Redevelopment Construction Loans [33750 - 33799] ( Chapter 8 added by Stats. 1975, Ch. 48. ) ## ARTICLE 2. Powers and Procedures [33760 - 33769] ( Article 2 added by Stats. 1975, Ch. 48. ) ## 33764. An agency may employ engineering, architectural, accounting, collection, or other services, including services in connection with the servicing of loans made to participating parties, as may be necessary in the judgment of the agency for the successful financing of residential construction pursuant to this chapter. An agency may pay the reasonable costs of consulting engineers, architects, accountants, and other experts, if, in the judgment of the agency, such services are necessary to the successful financing of any residential construction and if the agency is not able to provide such services. An agency may employ and fix the compensation of financing consultants, bond counsel, and other advisers as may be necessary in its judgment to provide for the issuance and sale of any revenue bonds of the agency. (Added by Stats. 1975, Ch. 48.)
  55. 33765.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 8. Redevelopment Construction Loans [33750 - 33799] ( Chapter 8 added by Stats. 1975, Ch. 48. ) ## ARTICLE 2. Powers and Procedures [33760 - 33769] ( Article 2 added by Stats. 1975, Ch. 48. )

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    An agency may do anything necessary or convenient to carry out this chapter’s purposes, in addition to its other specific powers.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 8. Redevelopment Construction Loans [33750 - 33799] ( Chapter 8 added by Stats. 1975, Ch. 48. ) ## ARTICLE 2. Powers and Procedures [33760 - 33769] ( Article 2 added by Stats. 1975, Ch. 48. ) ## 33765. In addition to all other powers specifically granted by this chapter, an agency may do all things necessary or convenient to carry out the purposes of this chapter. (Added by Stats. 1975, Ch. 48.)
  56. 33766.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 8. Redevelopment Construction Loans [33750 - 33799] ( Chapter 8 added by Stats. 1975, Ch. 48. ) ## ARTICLE 2. Powers and Procedures [33760 - 33769] ( Article 2 added by Stats. 1975, Ch. 48. )

    Verify source ↗

    An agency may pledge only revenues and, if any, mortgage insurance or guarantee claim proceeds to repay its revenue bonds; the bonds are not debts of the agency or the state.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 8. Redevelopment Construction Loans [33750 - 33799] ( Chapter 8 added by Stats. 1975, Ch. 48. ) ## ARTICLE 2. Powers and Procedures [33760 - 33769] ( Article 2 added by Stats. 1975, Ch. 48. ) ## 33766. Revenues and the proceeds of mortgage insurance or guarantee claims, if any, shall be the sole source of funds pledged by an agency for repayment of its revenue bonds. Revenue bonds issued under this chapter do not constitute a debt or liability of the agency or the state for which the faith and credit of the agency or the state is pledged but shall be payable solely from revenues and the proceeds of mortgage insurance or guarantee claims, if any. (Amended by Stats. 1985, Ch. 1351, Sec. 2.)
  57. 33767.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 8. Redevelopment Construction Loans [33750 - 33799] ( Chapter 8 added by Stats. 1975, Ch. 48. ) ## ARTICLE 2. Powers and Procedures [33760 - 33769] ( Article 2 added by Stats. 1975, Ch. 48. )

    Verify source ↗

    Residential construction must comply with the agency’s rules and regulations. The agency may also acquire, lease, sell, or dispose of property and related interests needed for financing residential construction.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 8. Redevelopment Construction Loans [33750 - 33799] ( Chapter 8 added by Stats. 1975, Ch. 48. ) ## ARTICLE 2. Powers and Procedures [33760 - 33769] ( Article 2 added by Stats. 1975, Ch. 48. ) ## 33767. All residential construction shall be undertaken or completed subject to the rules and regulations of the agency. An agency may acquire by deed, purchase, lease, contract, gift, devise, or otherwise any real or personal property, structures, rights, rights-of-way, franchises, easements, and other interests in lands necessary or convenient for the financing of residential construction, upon such terms and conditions as it deems advisable, and may lease, sell, or dispose of the same in such manner as may be necessary or desirable to carry out the objectives and purposes of this chapter. (Added by Stats. 1975, Ch. 48.)
  58. 33768.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 8. Redevelopment Construction Loans [33750 - 33799] ( Chapter 8 added by Stats. 1975, Ch. 48. ) ## ARTICLE 2. Powers and Procedures [33760 - 33769] ( Article 2 added by Stats. 1975, Ch. 48. )

    Verify source ↗

    Chapter 16 of the Government Code does not apply to certain owners or tenants of property tied to an agency loan default and resulting foreclosure-related transfer.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 8. Redevelopment Construction Loans [33750 - 33799] ( Chapter 8 added by Stats. 1975, Ch. 48. ) ## ARTICLE 2. Powers and Procedures [33760 - 33769] ( Article 2 added by Stats. 1975, Ch. 48. ) ## 33768. The provisions of Chapter 16 (commencing with Section 7260) of Division 7 of Title I of the Government Code shall not apply to owners or tenants of any property acquired by foreclosure, trust deed, sale or other proceeding resulting from default on a loan made by the agency. (Added by Stats. 1975, Ch. 48.)
  59. 33769.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 8. Redevelopment Construction Loans [33750 - 33799] ( Chapter 8 added by Stats. 1975, Ch. 48. ) ## ARTICLE 2. Powers and Procedures [33760 - 33769] ( Article 2 added by Stats. 1975, Ch. 48. )

    Verify source ↗

    Agencies financing residential construction under this chapter must require nondiscriminatory sale or rental, equal employment opportunity for contractors and subcontractors, nondiscriminatory letting of contracts, and adoption of implementing rules.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 8. Redevelopment Construction Loans [33750 - 33799] ( Chapter 8 added by Stats. 1975, Ch. 48. ) ## ARTICLE 2. Powers and Procedures [33760 - 33769] ( Article 2 added by Stats. 1975, Ch. 48. ) ## 33769. (a) An agency shall require that any residence that is constructed with financing obtained under this chapter shall be open, upon sale or rental of any portion thereof, to all regardless of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code. The agency shall also require that contractors and subcontractors engaged in residential construction financed under this chapter shall provide equal opportunity for employment, without discrimination as to any basis listed in subdivision (a) of Section 12940 of the Government Code, as those bases are defined in Sections 12926 and 12926.1 of the Government Code, and except as otherwise provided in Section 12940 of the Government Code. All contracts and subcontracts for residential construction financed under this chapter shall be let without discrimination as to any basis listed in subdivision (a) of Section 12940 of the Government Code, as those bases are defined in Sections 12926 and 12926.1 of the Government Code and except as otherwise provided in Section 12940 of the Government Code. It shall be the policy of an agency financing residential construction under this chapter to encourage participation by minority contractors, and the agency shall adopt rules and regulations to implement this section. (b) Notwithstanding subdivision (a), with respect to familial status, subdivision (a) shall not be construed to apply to housing for older persons, as defined in Section 12955.9 of the Government Code. With respect to familial status, nothing in subdivision (a) shall be construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11, and 799.5 of the Civil Code, relating to housing for senior citizens. Subdivision (d) of Section 51 and Section 4760 of the Civil Code and subdivisions (n), (o), and (p) of Section 12955 of the Government Code shall apply to subdivision (a). (Amended by Stats. 2012, Ch. 181, Sec. 71. (AB 806) Effective January 1, 2013. Operative January 1, 2014, by Sec. 86 of Ch. 181.)
  60. 33775.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 8. Redevelopment Construction Loans [33750 - 33799] ( Chapter 8 added by Stats. 1975, Ch. 48. ) ## ARTICLE 3. Bonds and Notes [33775 - 33784] ( Article 3 added by Stats. 1975, Ch. 48. )

    Verify source ↗

    An agency may issue revenue bonds and bond anticipation notes for residential construction financing, but any note or renewal must mature within five years of the original note date.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 8. Redevelopment Construction Loans [33750 - 33799] ( Chapter 8 added by Stats. 1975, Ch. 48. ) ## ARTICLE 3. Bonds and Notes [33775 - 33784] ( Article 3 added by Stats. 1975, Ch. 48. ) ## 33775. (a) An agency may, from time to time, issue its negotiable revenue bonds for the purpose of making or purchasing mortgage or construction loans, or making loans to qualified mortgage lenders, to finance residential construction. In anticipation of the sale of bonds, the agency may issue negotiable bond anticipation notes and may renew the notes from time to time. Bond anticipation notes may be paid from the proceeds of sale of the bonds of the agency in anticipation of which they were issued. Bond anticipation notes and agreements relating thereto and the resolution or resolutions authorizing the notes and agreements may contain any provisions, conditions, or limitations which a bond, agreement relating thereto, or bond resolution of the agency may contain except that any note or renewal thereof shall mature at a time not later than five years from the date of the issuance of the original note. (b) Every issue of its revenue bonds shall be a special obligation of the redevelopment agency payable from all or any part of the revenues specified in this chapter. The revenue bonds shall be negotiable instruments for all purposes, subject only to the provisions of the bonds for registration. (Amended by Stats. 1983, Ch. 478, Sec. 3. Effective July 28, 1983.)
  61. 33775.5.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 8. Redevelopment Construction Loans [33750 - 33799] ( Chapter 8 added by Stats. 1975, Ch. 48. ) ## ARTICLE 3. Bonds and Notes [33775 - 33784] ( Article 3 added by Stats. 1975, Ch. 48. )

    Verify source ↗

    The agency may count certain bond issuance costs, reserve funds, and up to 12 months of estimated bond interest when determining the amount of bonds to issue.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 8. Redevelopment Construction Loans [33750 - 33799] ( Chapter 8 added by Stats. 1975, Ch. 48. ) ## ARTICLE 3. Bonds and Notes [33775 - 33784] ( Article 3 added by Stats. 1975, Ch. 48. ) ## 33775.5. In determining the amount of bonds to be issued, the agency may include all costs of the issuance of such revenue bonds, bond reserve funds, and bond interest estimated to accrue for a period not exceeding 12 months from the date of issuance of the bonds. (Added by Stats. 1977, Ch. 931.)
  62. 33776.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 8. Redevelopment Construction Loans [33750 - 33799] ( Chapter 8 added by Stats. 1975, Ch. 48. ) ## ARTICLE 3. Bonds and Notes [33775 - 33784] ( Article 3 added by Stats. 1975, Ch. 48. )

    Verify source ↗

    The redevelopment agency may issue revenue bonds in different forms and sell them on terms it determines, but the bonds must be authorized by agency resolution.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 8. Redevelopment Construction Loans [33750 - 33799] ( Chapter 8 added by Stats. 1975, Ch. 48. ) ## ARTICLE 3. Bonds and Notes [33775 - 33784] ( Article 3 added by Stats. 1975, Ch. 48. ) ## 33776. The revenue bonds may be issued as serial bonds or as term bonds, or the redevelopment agency, in its discretion, may issue revenue bonds of both types. The revenue bonds shall be authorized by resolution of the agency and shall bear such date or dates, mature at such time or times, not exceeding 50 years from their respective dates of issuance, bear interest at such fixed or variable rate or rates, be payable at such time or times, be in such denominations, be in such form either coupon or registered, carry such registration privileges, be executed in such manner, be payable in lawful money of the United States of America at such place or places, and be subject to such terms of redemption as the resolution or resolutions of the redevelopment agency may provide. The bonds may be sold at either a public or private sale and for such prices as the agency shall determine. Pending preparation of the definitive bonds, the agency may issue interim receipts, certificates, or temporary bonds, which shall be exchanged for such definitive bonds. (Amended by Stats. 1983, Ch. 478, Sec. 4. Effective July 28, 1983.)
  63. 33777.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 8. Redevelopment Construction Loans [33750 - 33799] ( Chapter 8 added by Stats. 1975, Ch. 48. ) ## ARTICLE 3. Bonds and Notes [33775 - 33784] ( Article 3 added by Stats. 1975, Ch. 48. )

    Verify source ↗

    A bond-authorizing resolution may include specified bond terms and conditions as part of the contract with bondholders.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 8. Redevelopment Construction Loans [33750 - 33799] ( Chapter 8 added by Stats. 1975, Ch. 48. ) ## ARTICLE 3. Bonds and Notes [33775 - 33784] ( Article 3 added by Stats. 1975, Ch. 48. ) ## 33777. Any resolution or resolutions authorizing any revenue bonds or any issue of revenue bonds may contain provisions respecting any of the following terms and conditions, which shall be a part of the contract with the holders of the revenue bonds: (a) The pledge of all or any part of the revenues, subject to such agreements with bondholders as may then exist. (b) The interest and principal to be received and other charges to be charged and the amounts to be raised each year thereby, and the use and disposition of the revenues. (c) The setting aside of reserves or sinking funds and the regulation and disposition thereof. (d) Limitations on the purposes to which the proceeds of a sale of any issue of revenue bonds, then or thereafter issued, may be applied, and pledging such proceeds to secure the payment of the revenue bonds or any issue of revenue bonds. (e) Limitations on the issuance of additional revenue bonds, the terms upon which additional revenue bonds may be issued and secured, and the refunding of outstanding revenue bonds. (f) The procedure, if any, by which the terms of any contract with bondholders may be amended or abrogated, the amount of revenue bonds the holders of which must consent thereto, and the manner in which such consent may be given. (g) Limitation on expenditures for operating, administration, or other expenses of the agency. (h) Specification of the acts or omissions to act which shall constitute a default in the duties of the redevelopment agency to holders of its revenue bonds, and providing the rights and remedies of such holders in the event of default. (i) The mortgaging of any residence and the site thereof for the purpose of securing the bondholders. (j) The mortgaging of land, improvements, or other assets owned by a participating party for the purpose of securing the bondholders. (Added by Stats. 1975, Ch. 48.)
  64. 33777.5.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 8. Redevelopment Construction Loans [33750 - 33799] ( Chapter 8 added by Stats. 1975, Ch. 48. ) ## ARTICLE 3. Bonds and Notes [33775 - 33784] ( Article 3 added by Stats. 1975, Ch. 48. )

    Verify source ↗

    If financing is not immediately needed, revenue bond proceeds may be invested in authorized securities or obligations, including certain insured mortgage obligations.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 8. Redevelopment Construction Loans [33750 - 33799] ( Chapter 8 added by Stats. 1975, Ch. 48. ) ## ARTICLE 3. Bonds and Notes [33775 - 33784] ( Article 3 added by Stats. 1975, Ch. 48. ) ## 33777.5. When not immediately required to provide financing under this chapter, revenues and the proceeds of revenue bonds may be invested in any securities or obligations authorized by the resolution providing for issuance of the bonds or authorized by its trust indenture. Such investments may include mortgage obligations on single-family dwellings purchased from a state or federally chartered bank or savings and loan association pursuant to a repurchase agreement under which the bank or savings and loan association will repurchase the mortgage obligation on or before a specified date and for a specified amount, provided that the mortgage or the repurchase agreement shall be insured by a mortgage insurance company licensed to insure mortgages in the State of California and qualified to provide insurance on mortgages purchased by the Federal Home Loan Mortgage Corporation or the Federal National Mortgage Association. The authority provided in this section is additional and alternative to any other authorization for investments contained in this part, including Section 33782, or in other provisions of law. (Added by Stats. 1980, Ch. 331.)
  65. 33778.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 8. Redevelopment Construction Loans [33750 - 33799] ( Chapter 8 added by Stats. 1975, Ch. 48. ) ## ARTICLE 3. Bonds and Notes [33775 - 33784] ( Article 3 added by Stats. 1975, Ch. 48. )

    Verify source ↗

    Agency members and anyone who executes the revenue bonds are not personally liable for those bonds or their issuance.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 8. Redevelopment Construction Loans [33750 - 33799] ( Chapter 8 added by Stats. 1975, Ch. 48. ) ## ARTICLE 3. Bonds and Notes [33775 - 33784] ( Article 3 added by Stats. 1975, Ch. 48. ) ## 33778. Neither the members of the agency nor any person executing the revenue bonds shall be liable personally on the revenue bonds or be subject to any personal liability or accountability by reason of the issuance thereof. (Added by Stats. 1975, Ch. 48.)
  66. 33779.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 8. Redevelopment Construction Loans [33750 - 33799] ( Chapter 8 added by Stats. 1975, Ch. 48. ) ## ARTICLE 3. Bonds and Notes [33775 - 33784] ( Article 3 added by Stats. 1975, Ch. 48. )

    Verify source ↗

    The agency may use available funds to buy its revenue bonds, and may also hold, pledge, cancel, or resell those bonds under bondholder agreements.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 8. Redevelopment Construction Loans [33750 - 33799] ( Chapter 8 added by Stats. 1975, Ch. 48. ) ## ARTICLE 3. Bonds and Notes [33775 - 33784] ( Article 3 added by Stats. 1975, Ch. 48. ) ## 33779. The agency shall have the power out of any funds available therefor to purchase its revenue bonds. The agency may hold, pledge, cancel, or resell such revenue bonds, subject to and in accordance with agreements with the bondholders. (Added by Stats. 1975, Ch. 48.)
  67. 33780.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 8. Redevelopment Construction Loans [33750 - 33799] ( Chapter 8 added by Stats. 1975, Ch. 48. ) ## ARTICLE 3. Bonds and Notes [33775 - 33784] ( Article 3 added by Stats. 1975, Ch. 48. )

    Verify source ↗

    The agency may use trust agreements to secure revenue bonds and may include various bondholder-protection and collateral provisions.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 8. Redevelopment Construction Loans [33750 - 33799] ( Chapter 8 added by Stats. 1975, Ch. 48. ) ## ARTICLE 3. Bonds and Notes [33775 - 33784] ( Article 3 added by Stats. 1975, Ch. 48. ) ## 33780. In the discretion of the agency, any revenue bonds issued under the provisions of this chapter may be secured by a trust agreement by and between the agency and a corporate trustee or trustees, which may be any trust company or bank having the powers of a trust company within or without this state. Such a trust agreement or the resolution providing for the issuance of revenue bonds may pledge or assign the revenues to be received or proceeds of any contract or contracts pledged, and may convey or mortgage any residence the construction of which is to be financed out of the proceeds of such revenue bonds. Such trust agreement or the resolution providing for the issuance of bonds may provide for the assignment to such corporate trustee or trustees of mortgage or construction loans or loans to qualified mortgage lenders, to be held by such trustee or trustees on behalf of the agency for the benefit of the bondholders. Such trust agreement or resolution providing for the issuance of revenue bonds may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including such provisions as may be included in any resolution or resolutions of the agency authorizing the issuance of the revenue bonds. Any bank or trust company doing business under the laws of this state which may act as depositary of the proceeds of revenue bonds or of revenues or other moneys may furnish such indemnity bonds or pledge such securities as may be required by the agency. Any such trust agreement may set forth the rights and remedies of the bondholders and of the trustee or trustees, and may restrict the individual right of action by bondholders. In addition to the foregoing, any such trust agreement or resolution may contain such other provisions as the agency may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out the provisions of such trust agreement or resolution may be treated as a part of the cost of residential construction. (Amended by Stats. 1980, Ch. 1331.)
  68. 33781.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 8. Redevelopment Construction Loans [33750 - 33799] ( Chapter 8 added by Stats. 1975, Ch. 48. ) ## ARTICLE 3. Bonds and Notes [33775 - 33784] ( Article 3 added by Stats. 1975, Ch. 48. )

    Verify source ↗

    Bondholders, coupon holders, and appointed trustees may enforce rights and compel performance of duties tied to the bonds and the authorizing resolution, unless the resolution restricts those rights.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 8. Redevelopment Construction Loans [33750 - 33799] ( Chapter 8 added by Stats. 1975, Ch. 48. ) ## ARTICLE 3. Bonds and Notes [33775 - 33784] ( Article 3 added by Stats. 1975, Ch. 48. ) ## 33781. Any holder of revenue bonds issued under the provisions of this chapter or any of the coupons appertaining thereto, and the trustee or trustees appointed pursuant to any resolution authorizing the issuance of such revenue bonds, except to the extent the rights thereof may be restricted by the resolution authorizing the issuance of the revenue bonds, may, either at law or in equity, by suit, action, mandamus, or other proceedings, protect or enforce any and all rights specified in the laws of this state or in such resolution, and may enforce and compel the performance of all duties required by this chapter or by such resolution to be performed by the agency or by any officer, employee, or agent thereof, including the fixing, charging, and collecting of rates, fees, interest, and charges authorized and required by the provisions of such resolution to be fixed, established, and collected. (Added by Stats. 1975, Ch. 48.)
  69. 33782.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 8. Redevelopment Construction Loans [33750 - 33799] ( Chapter 8 added by Stats. 1975, Ch. 48. ) ## ARTICLE 3. Bonds and Notes [33775 - 33784] ( Article 3 added by Stats. 1975, Ch. 48. )

    Verify source ↗

    An agency may issue revenue bonds to refund existing bonds, and in some cases use them for additional residential construction.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 8. Redevelopment Construction Loans [33750 - 33799] ( Chapter 8 added by Stats. 1975, Ch. 48. ) ## ARTICLE 3. Bonds and Notes [33775 - 33784] ( Article 3 added by Stats. 1975, Ch. 48. ) ## 33782. Any agency may provide for the issuance of the revenue bonds of the agency for the purpose of refunding any revenue bonds of the agency then outstanding, or for the purpose of refunding any revenue bonds of another political subdivision of the state then outstanding pursuant to Section 33761, including the payment of any redemption premiums thereof and any interest accrued or to accrue to the earliest or subsequent date of redemption, purchase, or maturity of the bonds, and, if both (a) deemed advisable by the agency, and (b) projects financed with the bonds fall within the jurisdiction of the agency, for the additional purpose of paying all or any part of the cost of additional residential construction. The proceeds of revenue bonds issued pursuant to this section may, in the discretion of the agency, be applied to the purchase or retirement at maturity or redemption of outstanding revenue bonds, either at their earliest or any subsequent redemption date or upon the purchase or retirement at the maturity thereof and, pending that application, the portion of the proceeds allocated for that purpose may be placed in escrow, to be applied to the purchase or retirement at maturity or redemption on that date, as may be determined by the agency. Pending use for purchase, retirement at maturity, or redemption of outstanding revenue bonds, any proceeds held in such an escrow may be invested and reinvested as provided in the resolution authorizing the issuance of the refunding bonds. Any interest or other increment earned or realized on any such investment may also be applied to the payment of the outstanding revenue bonds to be refunded. After the terms of the escrow have been fully satisfied and carried out, any balance of the proceeds and any interest or increment earned or realized from the investment thereof may be returned to the agency to be used by it for any lawful purpose under this chapter. That portion of the proceeds of any revenue bonds issued pursuant to this section which is designated for the purpose of paying all or any part of the cost of additional residential construction may be invested and reinvested in obligations of, or guaranteed by, the United States of America or in certificates of deposit or time deposits secured by obligation of, or guaranteed by, the United States of America, maturing not later than the time or times when the proceeds will be needed for the purpose of paying all or any part of the cost. All revenue bonds issued pursuant to this section shall be subject to this chapter in the same manner and to the same extent as other bonds issued pursuant to this chapter. (Amended by Stats. 1992, Ch. 147, Sec. 2. Effective July 9, 1992.)
  70. 33783.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 8. Redevelopment Construction Loans [33750 - 33799] ( Chapter 8 added by Stats. 1975, Ch. 48. ) ## ARTICLE 3. Bonds and Notes [33775 - 33784] ( Article 3 added by Stats. 1975, Ch. 48. )

    Verify source ↗

    Revenue bonds issued under this chapter are legal investments for specified funds, institutions, fiduciaries, and certain public officers and agencies.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 8. Redevelopment Construction Loans [33750 - 33799] ( Chapter 8 added by Stats. 1975, Ch. 48. ) ## ARTICLE 3. Bonds and Notes [33775 - 33784] ( Article 3 added by Stats. 1975, Ch. 48. ) ## 33783. Notwithstanding any other provision of law, revenue bonds issued pursuant to this chapter shall be legal investments for all trust funds, insurance companies, savings and loan associations, investment companies and banks, both savings and commercial, and shall be legal investments for executors, administrators, guardians, conservators, trustees, and all other fiduciaries. Such bonds shall be legal investments for state school funds and for any funds which may be invested in county, municipal, or school district bonds, and such bonds shall be deemed to be securities which may properly and legally be deposited with, and received by, any state or municipal officer or by any agency or political subdivision of the state for any purpose for which the deposit of bonds or obligations of the state is now, or may hereafter be authorized by law, including deposits to secure public funds. (Amended by Stats. 1979, Ch. 730.)
  71. 33784.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 8. Redevelopment Construction Loans [33750 - 33799] ( Chapter 8 added by Stats. 1975, Ch. 48. ) ## ARTICLE 3. Bonds and Notes [33775 - 33784] ( Article 3 added by Stats. 1975, Ch. 48. )

    Verify source ↗

    Powers exercised under this chapter are meant to benefit the public, and revenue bonds issued under the chapter, plus their transfer and income, are exempt from taxation except inheritance and gift taxes.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 8. Redevelopment Construction Loans [33750 - 33799] ( Chapter 8 added by Stats. 1975, Ch. 48. ) ## ARTICLE 3. Bonds and Notes [33775 - 33784] ( Article 3 added by Stats. 1975, Ch. 48. ) ## 33784. The exercise of the powers granted by this chapter shall be in all respects for the benefit of the people of this state and for their health and welfare. Any revenue bonds issued under the provisions of this chapter, their transfer and the income therefrom, shall at all times be free from taxation of every kind by the state and by the municipalities and other political subdivisions of the state, except inheritance and gift taxes. (Added by Stats. 1975, Ch. 48.)
  72. 33790.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 8. Redevelopment Construction Loans [33750 - 33799] ( Chapter 8 added by Stats. 1975, Ch. 48. ) ## ARTICLE 4. Residential Construction [33790 - 33799] ( Article 4 added by Stats. 1975, Ch. 48. )

    Verify source ↗

    An agency cannot finance mortgage or construction loans unless they were first authorized by a written agreement with the participating party. Those loan agreements must also let the agency set design standards and require supervision of the residential construction work.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 8. Redevelopment Construction Loans [33750 - 33799] ( Chapter 8 added by Stats. 1975, Ch. 48. ) ## ARTICLE 4. Residential Construction [33790 - 33799] ( Article 4 added by Stats. 1975, Ch. 48. ) ## 33790. An agency may not finance mortgage or construction loans which have not been authorized by prior written agreement between the agency and the participating party. All agreements for such loans shall provide that the architectural and engineering design of the residential construction shall be subject to such standards as may be established by the agency and that the work of such residential construction shall be subject to such supervision as the agency deems necessary. (Amended by Stats. 1979, Ch. 277.)
  73. 33791.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 8. Redevelopment Construction Loans [33750 - 33799] ( Chapter 8 added by Stats. 1975, Ch. 48. ) ## ARTICLE 4. Residential Construction [33790 - 33799] ( Article 4 added by Stats. 1975, Ch. 48. )

    Verify source ↗

    An agency may make and manage residential construction loan agreements, set related rates and fees, and control sinking funds and bond security arrangements, subject to chapter and resolution limits.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 8. Redevelopment Construction Loans [33750 - 33799] ( Chapter 8 added by Stats. 1975, Ch. 48. ) ## ARTICLE 4. Residential Construction [33790 - 33799] ( Article 4 added by Stats. 1975, Ch. 48. ) ## 33791. An agency may enter into loan agreements with any participating party relating to residential construction of any kind or character. The terms and conditions of such loan agreements may be as mutually agreed upon, but such terms and conditions shall not be inconsistent with the provisions of this chapter or regulations adopted pursuant thereto. Any such loan agreement may provide the means or methods by which any mortgage taken by the agency shall be discharged, and it shall contain such other terms and conditions as the agency may require. An agency may fix, revise, charge and collect interest and principal and all other rates, fees, and charges with respect to financing of residential construction. Such rates, fees, charges and interest shall be fixed and adjusted so that the aggregate of such rates, fees, charges and interest will provide funds sufficient with other revenues and moneys which it is anticipated will be available therefor, if any, to all of the following: (a) Pay the principal of, and interest on, outstanding revenue bonds of the agency issued to finance such residential construction as the same shall become due and payable. (b) Create and maintain reserves required or provided for in any resolution authorizing such revenue bonds. A sufficient amount of the revenues derived from residential construction may be set aside at such regular intervals as may be provided by the resolution in a sinking or other similar fund, which is hereby pledged to, and charged with, the payment of the principal of and interest on such revenue bonds as the same shall become due, and the redemption price or the purchase price of revenue bonds retired by call or purchase as therein provided. Such pledge shall be valid and binding from the time the pledge is made. The rates, fees, interest, and other charges, revenues, or moneys so pledged and thereafter received by the agency shall immediately be subject to the lien of such pledge without any physical delivery thereof or further act, and the lien of any such pledge shall be valid and binding as against all parties having claims of any kind in tort, contract, or otherwise against the agency, irrespective of whether such parties have notice thereof. Neither the resolution nor any loan agreement by which a pledge is created need be filed or recorded except in the records of the agency. The use and disposition of moneys to the credit of such sinking or other similar fund shall be subject to the provisions of the resolution authorizing the issuance of such revenue bonds. Except as may otherwise be provided in the resolution, such sinking or other similar fund may be a fund for all revenue bonds of the agency issued to finance the construction of the residence of a particular participating party without distinction or priority. The agency, however, in any such resolution may provide that such sinking or other similar fund shall be the fund for particular project or projects of residential construction and for the bonds issued to finance such project or projects and may, additionally, authorize and provide for the issuance of revenue bonds having a lien with respect to the security authorized by this section which is subordinate to the lien of other revenue bonds of the agency, and in such case, the agency may create separate sinking or other similar funds securing the revenue bonds having the subordinate lien. (c) Pay operating and administrative costs of the agency incurred in the administration of the program authorized by this chapter. (Added by Stats. 1975, Ch. 48.)
  74. 33792.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 8. Redevelopment Construction Loans [33750 - 33799] ( Chapter 8 added by Stats. 1975, Ch. 48. ) ## ARTICLE 4. Residential Construction [33790 - 33799] ( Article 4 added by Stats. 1975, Ch. 48. )

    Verify source ↗

    Money received under this chapter must be treated as trust funds and used only for this chapter’s purposes. Banks or trust companies holding the money must act as trustee and apply it accordingly, subject to the bond resolution.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 8. Redevelopment Construction Loans [33750 - 33799] ( Chapter 8 added by Stats. 1975, Ch. 48. ) ## ARTICLE 4. Residential Construction [33790 - 33799] ( Article 4 added by Stats. 1975, Ch. 48. ) ## 33792. All moneys received pursuant to the provisions of this chapter, whether revenues or proceeds from the sale of revenue bonds or proceeds of mortgage insurance or guarantee claims, shall be deemed to be trust funds to be held and applied solely for the purposes of this chapter. Any bank or trust company in which such moneys are deposited shall act as trustee of such moneys and shall hold and apply the same for the purposes specified in this chapter, subject to the terms of the resolution authorizing the revenue bonds. (Amended by Stats. 1979, Ch. 1073.)
  75. 33795.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 8. Redevelopment Construction Loans [33750 - 33799] ( Chapter 8 added by Stats. 1975, Ch. 48. ) ## ARTICLE 4. Residential Construction [33790 - 33799] ( Article 4 added by Stats. 1975, Ch. 48. )

    Verify source ↗

    This chapter must be interpreted broadly to carry out its purposes.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 8. Redevelopment Construction Loans [33750 - 33799] ( Chapter 8 added by Stats. 1975, Ch. 48. ) ## ARTICLE 4. Residential Construction [33790 - 33799] ( Article 4 added by Stats. 1975, Ch. 48. ) ## 33795. This chapter being necessary for the welfare of the state and its inhabitants, shall be liberally construed to effect its purposes. (Added by Stats. 1975, Ch. 48.)
  76. 33796.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 8. Redevelopment Construction Loans [33750 - 33799] ( Chapter 8 added by Stats. 1975, Ch. 48. ) ## ARTICLE 4. Residential Construction [33790 - 33799] ( Article 4 added by Stats. 1975, Ch. 48. )

    Verify source ↗

    If the agency still has jurisdiction to order the proposed act, an omission or other procedural defect will not invalidate the proceedings or any revenue bonds issued under this chapter.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 8. Redevelopment Construction Loans [33750 - 33799] ( Chapter 8 added by Stats. 1975, Ch. 48. ) ## ARTICLE 4. Residential Construction [33790 - 33799] ( Article 4 added by Stats. 1975, Ch. 48. ) ## 33796. If the jurisdiction of the agency to order a proposed act is not affected, an omission of any officer or the agency in proceedings under this chapter or any other defect in the proceedings shall not invalidate the proceedings or revenue bonds issued pursuant to this chapter. (Added by Stats. 1975, Ch. 48.)
  77. 33797.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 8. Redevelopment Construction Loans [33750 - 33799] ( Chapter 8 added by Stats. 1975, Ch. 48. ) ## ARTICLE 4. Residential Construction [33790 - 33799] ( Article 4 added by Stats. 1975, Ch. 48. )

    Verify source ↗

    An agency has authority to issue bonds to finance residential construction.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 8. Redevelopment Construction Loans [33750 - 33799] ( Chapter 8 added by Stats. 1975, Ch. 48. ) ## ARTICLE 4. Residential Construction [33790 - 33799] ( Article 4 added by Stats. 1975, Ch. 48. ) ## 33797. This chapter is full authority for the issuance of bonds by an agency for the purpose of financing residential construction. (Added by Stats. 1975, Ch. 48.)
  78. 33798.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 8. Redevelopment Construction Loans [33750 - 33799] ( Chapter 8 added by Stats. 1975, Ch. 48. ) ## ARTICLE 4. Residential Construction [33790 - 33799] ( Article 4 added by Stats. 1975, Ch. 48. )

    Verify source ↗

    This chapter provides an additional and alternative way to do the authorized activities, and revenue bonds issued under it do not have to comply with other bond-issuance laws.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 8. Redevelopment Construction Loans [33750 - 33799] ( Chapter 8 added by Stats. 1975, Ch. 48. ) ## ARTICLE 4. Residential Construction [33790 - 33799] ( Article 4 added by Stats. 1975, Ch. 48. ) ## 33798. This chapter shall be deemed to provide a complete, additional, and alternative method for doing the things authorized thereby, and shall be regarded as supplemental and additional to the powers conferred by other laws. The issuance of revenue bonds and refunding revenue bonds under the provisions of this chapter need not comply with the requirements of any other law applicable to the issuance of bonds. (Added by Stats. 1975, Ch. 48.)
  79. 33799.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 8. Redevelopment Construction Loans [33750 - 33799] ( Chapter 8 added by Stats. 1975, Ch. 48. ) ## ARTICLE 4. Residential Construction [33790 - 33799] ( Article 4 added by Stats. 1975, Ch. 48. )

    Verify source ↗

    An action may be brought to challenge the validity of revenue bond issuance or proposed issuance under this chapter, and the legality and validity of related proceedings.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 8. Redevelopment Construction Loans [33750 - 33799] ( Chapter 8 added by Stats. 1975, Ch. 48. ) ## ARTICLE 4. Residential Construction [33790 - 33799] ( Article 4 added by Stats. 1975, Ch. 48. ) ## 33799. An action may be brought pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure to determine the validity of any issuance or proposed issuance of revenue bonds under this chapter and the legality and validity of all proceedings previously taken or proposed in a resolution of an agency to be taken for the authorization, issuance, sale, and delivery of the revenue bonds and for the payment of the principal thereof and interest thereon. (Added by Stats. 1975, Ch. 48.)
  80. 33800.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 9. Special Assessments [33800 - 33855] ( Chapter 9 added by Stats. 1979, Ch. 29. ) ## ARTICLE 1. Definitions [33800 - 33804] ( Article 1 added by Stats. 1979, Ch. 29. )

    Verify source ↗

    The definitions in this article control how this chapter is interpreted, unless the context requires otherwise.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 9. Special Assessments [33800 - 33855] ( Chapter 9 added by Stats. 1979, Ch. 29. ) ## ARTICLE 1. Definitions [33800 - 33804] ( Article 1 added by Stats. 1979, Ch. 29. ) ## 33800. The definitions contained in this article govern the construction of this chapter, unless the context requires otherwise. (Added by Stats. 1979, Ch. 29.)
  81. 33801.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 9. Special Assessments [33800 - 33855] ( Chapter 9 added by Stats. 1979, Ch. 29. ) ## ARTICLE 1. Definitions [33800 - 33804] ( Article 1 added by Stats. 1979, Ch. 29. )

    Verify source ↗

    This section defines “indebtedness” for redevelopment agencies.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 9. Special Assessments [33800 - 33855] ( Chapter 9 added by Stats. 1979, Ch. 29. ) ## ARTICLE 1. Definitions [33800 - 33804] ( Article 1 added by Stats. 1979, Ch. 29. ) ## 33801. “Indebtedness” means any obligations incurred by a redevelopment agency prior to July 1, 1978, the payment of which is to be made in whole or in part out of taxes allocated to the agency pursuant to Section 33670 and includes: (a) Bonds, notes, interim certificates, debentures, or other obligations issued by an agency (whether funded, refunded, assumed or otherwise) pursuant to Article 5 (commencing with Section 33640) of Chapter 6 of this part. (b) Loans or moneys advanced to the agency, including, but not limited to, loans from federal, state or local agencies. (c) A contractual obligation which, if breached, could subject the agency to damages or other liabilities or remedies. (d) An obligation incurred pursuant to Section 33445. (e) Indebtedness incurred pursuant to Section 33334.2. (f) Obligations imposed by law with respect to activities which occurred prior to July 1, 1978. (Added by Stats. 1979, Ch. 29.)
  82. 33802.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 9. Special Assessments [33800 - 33855] ( Chapter 9 added by Stats. 1979, Ch. 29. ) ## ARTICLE 1. Definitions [33800 - 33804] ( Article 1 added by Stats. 1979, Ch. 29. )

    Verify source ↗

    “Indebtedness” also includes certain loans from the Local Agency Indebtedness Fund used to pay principal or interest on indebtedness covered by Section 33801.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 9. Special Assessments [33800 - 33855] ( Chapter 9 added by Stats. 1979, Ch. 29. ) ## ARTICLE 1. Definitions [33800 - 33804] ( Article 1 added by Stats. 1979, Ch. 29. ) ## 33802. “Indebtedness” also means a loan from the Local Agency Indebtedness Fund pursuant to Article 6.5 (commencing with Section 16496) of Chapter 3 of Part 2 of Division 4 of Title 2 of the Government Code for the purpose of making payments of principal or interest with respect to indebtedness specified in Section 33801. (Added by Stats. 1979, Ch. 29.)
  83. 33803.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 9. Special Assessments [33800 - 33855] ( Chapter 9 added by Stats. 1979, Ch. 29. ) ## ARTICLE 1. Definitions [33800 - 33804] ( Article 1 added by Stats. 1979, Ch. 29. )

    Verify source ↗

    This section defines “payment” for this chapter.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 9. Special Assessments [33800 - 33855] ( Chapter 9 added by Stats. 1979, Ch. 29. ) ## ARTICLE 1. Definitions [33800 - 33804] ( Article 1 added by Stats. 1979, Ch. 29. ) ## 33803. “Payment” means any payment of principal or interest payable with respect to indebtedness payable from taxes allocated pursuant to subdivision (b) of Section 33670, which is as defined in Section 33801 or 33802, including redemption payments and any administrative costs associated with the payment of such indebtedness. (Added by Stats. 1979, Ch. 29.)
  84. 33804.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 9. Special Assessments [33800 - 33855] ( Chapter 9 added by Stats. 1979, Ch. 29. ) ## ARTICLE 1. Definitions [33800 - 33804] ( Article 1 added by Stats. 1979, Ch. 29. )

    Verify source ↗

    This section defines “persons and families of low or moderate income” by referring to Section 50093.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 9. Special Assessments [33800 - 33855] ( Chapter 9 added by Stats. 1979, Ch. 29. ) ## ARTICLE 1. Definitions [33800 - 33804] ( Article 1 added by Stats. 1979, Ch. 29. ) ## 33804. “Persons and families of low or moderate income” has the same meaning as defined in Section 50093. (Added by Stats. 1979, Ch. 29.)
  85. 33810.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 9. Special Assessments [33800 - 33855] ( Chapter 9 added by Stats. 1979, Ch. 29. ) ## ARTICLE 2. Findings and Declarations [33810 - 33817] ( Article 2 added by Stats. 1979, Ch. 29. )

    Verify source ↗

    The Legislature states that the security of certain indebtedness is seriously threatened.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 9. Special Assessments [33800 - 33855] ( Chapter 9 added by Stats. 1979, Ch. 29. ) ## ARTICLE 2. Findings and Declarations [33810 - 33817] ( Article 2 added by Stats. 1979, Ch. 29. ) ## 33810. The Legislature finds and declares that the security of millions of dollars of indebtedness incurred prior to July 1, 1978, and dependent upon taxes allocated pursuant to Section 16 of Article XVI of the California Constitution and subdivision (b) of Section 33670 for its security is seriously threatened. (Added by Stats. 1979, Ch. 29.)
  86. 33811.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 9. Special Assessments [33800 - 33855] ( Chapter 9 added by Stats. 1979, Ch. 29. ) ## ARTICLE 2. Findings and Declarations [33810 - 33817] ( Article 2 added by Stats. 1979, Ch. 29. )

    Verify source ↗

    The Legislature finds that if supplemental revenue sources are not established to pay certain debt, some of the debt may not be repaid and bonds may default.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 9. Special Assessments [33800 - 33855] ( Chapter 9 added by Stats. 1979, Ch. 29. ) ## ARTICLE 2. Findings and Declarations [33810 - 33817] ( Article 2 added by Stats. 1979, Ch. 29. ) ## 33811. The Legislature further finds and declares that unless supplemental sources of revenue for the payment of such indebtedness can be established, a substantial portion of such indebtedness will not be repaid, which will include the default of bonds and the breach of contractual obligations, and that if such defaults and breaches of contract occur, the credit and future borrowing capacity of both local agencies and the state may be impaired. (Added by Stats. 1979, Ch. 29.)
  87. 33812.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 9. Special Assessments [33800 - 33855] ( Chapter 9 added by Stats. 1979, Ch. 29. ) ## ARTICLE 2. Findings and Declarations [33810 - 33817] ( Article 2 added by Stats. 1979, Ch. 29. )

    Verify source ↗

    The Legislature states that defaults and breach of contracts may lead to lengthy and costly legal actions against public agencies for impairment of contractual rights.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 9. Special Assessments [33800 - 33855] ( Chapter 9 added by Stats. 1979, Ch. 29. ) ## ARTICLE 2. Findings and Declarations [33810 - 33817] ( Article 2 added by Stats. 1979, Ch. 29. ) ## 33812. The Legislature further finds and declares that such defaults and breach of contracts may result in lengthy and costly legal actions against public agencies for the impairment of contractual rights. (Added by Stats. 1979, Ch. 29.)
  88. 33813.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 9. Special Assessments [33800 - 33855] ( Chapter 9 added by Stats. 1979, Ch. 29. ) ## ARTICLE 2. Findings and Declarations [33810 - 33817] ( Article 2 added by Stats. 1979, Ch. 29. )

    Verify source ↗

    The Legislature says a flexible procedure is needed to let legislative bodies obtain supplemental revenues to pay incurred indebtedness.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 9. Special Assessments [33800 - 33855] ( Chapter 9 added by Stats. 1979, Ch. 29. ) ## ARTICLE 2. Findings and Declarations [33810 - 33817] ( Article 2 added by Stats. 1979, Ch. 29. ) ## 33813. The Legislature further finds and declares that there is a need to establish a flexible procedure to enable legislative bodies to obtain necessary supplemental revenues to pay the incurred indebtedness because the need for state funds for such purpose will be decreased and because the facts and circumstances surrounding each project and the indebtedness incurred are different and different solutions may be required. (Added by Stats. 1979, Ch. 29.)
  89. 33814.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 9. Special Assessments [33800 - 33855] ( Chapter 9 added by Stats. 1979, Ch. 29. ) ## ARTICLE 2. Findings and Declarations [33810 - 33817] ( Article 2 added by Stats. 1979, Ch. 29. )

    Verify source ↗

    The Legislature states that certain properties in redevelopment project areas have increased in value and receive, and will continue to receive, special benefits from redevelopment activities.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 9. Special Assessments [33800 - 33855] ( Chapter 9 added by Stats. 1979, Ch. 29. ) ## ARTICLE 2. Findings and Declarations [33810 - 33817] ( Article 2 added by Stats. 1979, Ch. 29. ) ## 33814. The Legislature further finds and declares that certain properties within the boundaries of redevelopment project areas established pursuant to the Community Redevelopment Law have increased in value and have received and will continue to receive special benefits from redevelopment activities undertaken by agencies, including, but not limited to, acquisition, assembly and disposition of lands, demolition and site clearance and the construction of public improvements financed by the proceeds of indebtedness incurred by redevelopment agencies. (Added by Stats. 1979, Ch. 29.)
  90. 33815.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 9. Special Assessments [33800 - 33855] ( Chapter 9 added by Stats. 1979, Ch. 29. ) ## ARTICLE 2. Findings and Declarations [33810 - 33817] ( Article 2 added by Stats. 1979, Ch. 29. )

    Verify source ↗

    The Legislature states that special assessments on specially benefited properties are the most equitable way to raise extra revenue to pay indebtedness.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 9. Special Assessments [33800 - 33855] ( Chapter 9 added by Stats. 1979, Ch. 29. ) ## ARTICLE 2. Findings and Declarations [33810 - 33817] ( Article 2 added by Stats. 1979, Ch. 29. ) ## 33815. The Legislature further finds and declares that the establishment of special assessments on the properties so specially benefited from the activities described in Section 33814 is the most equitable method for providing supplemental revenues to be used to pay the indebtedness. (Added by Stats. 1979, Ch. 29.)
  91. 33816.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 9. Special Assessments [33800 - 33855] ( Chapter 9 added by Stats. 1979, Ch. 29. ) ## ARTICLE 2. Findings and Declarations [33810 - 33817] ( Article 2 added by Stats. 1979, Ch. 29. )

    Verify source ↗

    This section says the chapter’s purpose is to allow special assessment areas in redevelopment project areas and to levy special assessments on properties in those areas.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 9. Special Assessments [33800 - 33855] ( Chapter 9 added by Stats. 1979, Ch. 29. ) ## ARTICLE 2. Findings and Declarations [33810 - 33817] ( Article 2 added by Stats. 1979, Ch. 29. ) ## 33816. It is the purpose of this chapter to authorize and provide for the establishment of special assessment areas within redevelopment project areas and for the levy of special assessments on properties within such special assessment areas to obtain supplemental revenues to be used for the payment of indebtedness incurred prior to July 1, 1978, and temporary borrowing from the state incurred to avoid default thereon. (Added by Stats. 1979, Ch. 29.)
  92. 33817.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 9. Special Assessments [33800 - 33855] ( Chapter 9 added by Stats. 1979, Ch. 29. ) ## ARTICLE 2. Findings and Declarations [33810 - 33817] ( Article 2 added by Stats. 1979, Ch. 29. )

    Verify source ↗

    A special assessment area may cover some or all property in a project area, but only properties benefited by the redevelopment activities may be included.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 9. Special Assessments [33800 - 33855] ( Chapter 9 added by Stats. 1979, Ch. 29. ) ## ARTICLE 2. Findings and Declarations [33810 - 33817] ( Article 2 added by Stats. 1979, Ch. 29. ) ## 33817. A special assessment area may include any or all property within a project area as the project area existed on July 1, 1978, established pursuant to Chapter 4 (commencing with Section 33300) of this part, and may, but need not be, coterminous with such project area; however, only properties benefited by redevelopment activities described in Section 33814 shall be included within the special assessment area. The properties included in a special assessment area may be either contiguous or noncontiguous; however, only properties within a single project area may be included within a single special assessment area. (Added by Stats. 1979, Ch. 29.)
  93. 33820.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 9. Special Assessments [33800 - 33855] ( Chapter 9 added by Stats. 1979, Ch. 29. ) ## ARTICLE 3. Proceedings [33820 - 33839] ( Article 3 added by Stats. 1979, Ch. 29. )

    Verify source ↗

    Special assessment areas wholly inside redevelopment project areas may be established, and special assessments may be levied in them under this chapter.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 9. Special Assessments [33800 - 33855] ( Chapter 9 added by Stats. 1979, Ch. 29. ) ## ARTICLE 3. Proceedings [33820 - 33839] ( Article 3 added by Stats. 1979, Ch. 29. ) ## 33820. Special assessment areas wholly within redevelopment project areas may be established and special assessments levied within such special assessment areas pursuant to this chapter. (Added by Stats. 1979, Ch. 29.)
  94. 33821.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 9. Special Assessments [33800 - 33855] ( Chapter 9 added by Stats. 1979, Ch. 29. ) ## ARTICLE 3. Proceedings [33820 - 33839] ( Article 3 added by Stats. 1979, Ch. 29. )

    Verify source ↗

    If the agency’s governing board determines tax revenues will be insufficient to pay the agency’s incurred debt, the agency must file a report with the legislative body.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 9. Special Assessments [33800 - 33855] ( Chapter 9 added by Stats. 1979, Ch. 29. ) ## ARTICLE 3. Proceedings [33820 - 33839] ( Article 3 added by Stats. 1979, Ch. 29. ) ## 33821. When, in the opinion of the governing board of an agency, it is determined that there will be insufficient tax revenues allocated to the agency to pay its incurred indebtedness, the agency shall file with the legislative body a report. (Added by Stats. 1979, Ch. 29.)
  95. 33822.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 9. Special Assessments [33800 - 33855] ( Chapter 9 added by Stats. 1979, Ch. 29. ) ## ARTICLE 3. Proceedings [33820 - 33839] ( Article 3 added by Stats. 1979, Ch. 29. )

    Verify source ↗

    The report must include specified financial, project, property, and assessment information about the special assessment area.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 9. Special Assessments [33800 - 33855] ( Chapter 9 added by Stats. 1979, Ch. 29. ) ## ARTICLE 3. Proceedings [33820 - 33839] ( Article 3 added by Stats. 1979, Ch. 29. ) ## 33822. The report shall contain all of the following: (a) The total amount of outstanding indebtedness incurred by the agency with respect to the project area containing the special assessment area, a listing of the different kinds of indebtedness incurred together with the amount of debt incurred for each separate kind of indebtedness, and the annual payment required to be made for each such kind of indebtedness for each year during which the debt is outstanding. (b) An estimate of the amount of taxes which will be received by the agency pursuant to subdivision (b) of Section 33670 which will be available to make payments on the different kinds of indebtedness when due. (c) A description and estimated amounts of other revenues, funds and other moneys, other than tax revenues described in subdivision (b), which are or will be available to the agency for making the payments. (d) An estimate of the total and annual amounts of the payments which the agency will be unable to make because of the insufficiency of funds available for that purpose. (e) A schedule of payments and either (1) copies of contracts, agreements, or other documents creating the indebtedness, or (2) a list (including a summary of parties and purpose) of contracts, agreements, and other documents creating the indebtedness. (f) A description of the redevelopment activities which have been or will be undertaken by the agency with the proceeds derived from the indebtedness. (g) A diagram showing the following: (1) The boundaries of a special area of the redevelopment project area which, in the opinion of the agency, has been specially benefited. (2) The dimensions or description of the parcels of property within the special area as they existed at the time of making the report. Each such subdivision shall be given a separate number upon the diagram. (3) The proposed assessment on each of the parcels of property within the special assessment area levied in proportion to benefits. (h) A statement as to whether the proposed assessment district includes property containing residential dwelling units, an estimate of the number of such dwelling units occupied by persons and families of low or moderate income, and an estimate of the total amount of assessments to be levied on such dwelling units occupied by persons and families of low or moderate income. (i) A request that the legislative body proceed with the formation of a special assessment area and levy a special assessment on properties in the special assessment area. (j) For each fiscal year in which the special assessment is proposed to be levied, the amount of taxes which was projected to be available for allocation to the agency pursuant to subdivision (b) of Section 33670, based on the actual tax rates in effect for the 1977–78 fiscal year and on the projected assessed values under the applicable laws in effect for the 1977–78 fiscal year, with respect to its indebtedness incurred prior to July 1, 1978. The statement shall contain information upon which the assessed values were projected. If any bonds have been issued and the official statement or bond resolution for such bonds contained an estimate of projected tax revenues which were to be received by the agency pursuant to subdivision (b) of Section 33670, the information shall refer to the official statement or bond resolution. (Added by Stats. 1979, Ch. 29.)
  96. 33822.5.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 9. Special Assessments [33800 - 33855] ( Chapter 9 added by Stats. 1979, Ch. 29. ) ## ARTICLE 3. Proceedings [33820 - 33839] ( Article 3 added by Stats. 1979, Ch. 29. )

    Verify source ↗

    Copies of specified contracts, agreements, and other documents must be made available to the public when the report is filed with the legislative body.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 9. Special Assessments [33800 - 33855] ( Chapter 9 added by Stats. 1979, Ch. 29. ) ## ARTICLE 3. Proceedings [33820 - 33839] ( Article 3 added by Stats. 1979, Ch. 29. ) ## 33822.5. Copies of contracts, agreements, and other documents specified in subdivision (e) of Section 33822 shall be made available to the public at the time the report is filed with the legislative body. (Added by Stats. 1979, Ch. 29.)
  97. 33822.7.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 9. Special Assessments [33800 - 33855] ( Chapter 9 added by Stats. 1979, Ch. 29. ) ## ARTICLE 3. Proceedings [33820 - 33839] ( Article 3 added by Stats. 1979, Ch. 29. )

    Verify source ↗

    The agency must notify the Department of Housing and Community Development within five days after a report is filed with the legislative body under Section 33821.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 9. Special Assessments [33800 - 33855] ( Chapter 9 added by Stats. 1979, Ch. 29. ) ## ARTICLE 3. Proceedings [33820 - 33839] ( Article 3 added by Stats. 1979, Ch. 29. ) ## 33822.7. The agency shall notify the Department of Housing and Community Development within five days following the filing of a report with the legislative body pursuant to Section 33821. (Added by Stats. 1979, Ch. 29.)
  98. 33823.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 9. Special Assessments [33800 - 33855] ( Chapter 9 added by Stats. 1979, Ch. 29. ) ## ARTICLE 3. Proceedings [33820 - 33839] ( Article 3 added by Stats. 1979, Ch. 29. )

    Verify source ↗

    After the report is received, the legislative body may adopt a resolution to form a special assessment area and levy special assessments on properties in it.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 9. Special Assessments [33800 - 33855] ( Chapter 9 added by Stats. 1979, Ch. 29. ) ## ARTICLE 3. Proceedings [33820 - 33839] ( Article 3 added by Stats. 1979, Ch. 29. ) ## 33823. After the receipt of the report, the legislative body may adopt a resolution of intention to form a special assessment area and to levy special assessments on properties located therein to provide supplemental revenues for the purpose of making payments on the indebtedness when due. (Added by Stats. 1979, Ch. 29.)
  99. 33824.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 9. Special Assessments [33800 - 33855] ( Chapter 9 added by Stats. 1979, Ch. 29. ) ## ARTICLE 3. Proceedings [33820 - 33839] ( Article 3 added by Stats. 1979, Ch. 29. )

    Verify source ↗

    The resolution of intention must describe the special assessment area, state estimated annual levy amounts and the required assessment period, list the proposed assessments, and incorporate the Section 33822 report by reference.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 9. Special Assessments [33800 - 33855] ( Chapter 9 added by Stats. 1979, Ch. 29. ) ## ARTICLE 3. Proceedings [33820 - 33839] ( Article 3 added by Stats. 1979, Ch. 29. ) ## 33824. The resolution of intention shall: (a) Describe the exterior boundaries of the special assessment area. (b) Include the estimated annual amounts needed to be levied on the properties within such area for the purpose of making such payments and the period during which such special assessments will be required, which in no case shall be longer than the time by which the debt is to be repaid. (c) Include the proposed assessments. The resolution shall incorporate by reference the report required by Section 33822. (Added by Stats. 1979, Ch. 29.)
  100. 33825.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 9. Special Assessments [33800 - 33855] ( Chapter 9 added by Stats. 1979, Ch. 29. ) ## ARTICLE 3. Proceedings [33820 - 33839] ( Article 3 added by Stats. 1979, Ch. 29. )

    Verify source ↗

    The resolution must include notice of when and where people can appear before the legislative body to object, and the hearing must be held at least 30 days after the resolution is passed.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 9. Special Assessments [33800 - 33855] ( Chapter 9 added by Stats. 1979, Ch. 29. ) ## ARTICLE 3. Proceedings [33820 - 33839] ( Article 3 added by Stats. 1979, Ch. 29. ) ## 33825. The resolution shall contain a notice of the time and place at which any person may appear before the legislative body and object to the formation of the special assessment area and the levy of special assessments therein. The hearing shall be held not less than 30 days after the passage of the resolution. (Added by Stats. 1979, Ch. 29.)
  101. 33826.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 9. Special Assessments [33800 - 33855] ( Chapter 9 added by Stats. 1979, Ch. 29. ) ## ARTICLE 3. Proceedings [33820 - 33839] ( Article 3 added by Stats. 1979, Ch. 29. )

    Verify source ↗

    The notice must include the hearing details, payment estimates, annual assessment amounts, protest information, and a statement about city or county payment for certain low- or moderate-income residential property assessments.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 9. Special Assessments [33800 - 33855] ( Chapter 9 added by Stats. 1979, Ch. 29. ) ## ARTICLE 3. Proceedings [33820 - 33839] ( Article 3 added by Stats. 1979, Ch. 29. ) ## 33826. The notice shall contain all of the following: (a) A statement of the time, place, and purpose of the hearing on the resolution of intention and report of the agency. (b) A statement of the total estimated payments of principal and interest and other payments required. (c) The amounts as shown on the report of the agency, to be assessed against each parcel of property annually. (d) A statement that any owner of property within the proposed assessment area may file a written protest as provided in Section 33831. (e) A statement that the city or county will pay the assessment levied on that portion of real property containing residential dwelling units occupied by persons and families of low or moderate income. The statement shall set forth a schedule of the applicable maximum annual incomes by family size which may be received by persons and families of low or moderate income and notice as to where applications and information regarding the payments may be obtained. (Added by Stats. 1979, Ch. 29.)
  102. 33827.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 9. Special Assessments [33800 - 33855] ( Chapter 9 added by Stats. 1979, Ch. 29. ) ## ARTICLE 3. Proceedings [33820 - 33839] ( Article 3 added by Stats. 1979, Ch. 29. )

    Verify source ↗

    The clerk of the legislative body must give notice of the time and place in the resolution of intention, as provided in Section 33825.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 9. Special Assessments [33800 - 33855] ( Chapter 9 added by Stats. 1979, Ch. 29. ) ## ARTICLE 3. Proceedings [33820 - 33839] ( Article 3 added by Stats. 1979, Ch. 29. ) ## 33827. The clerk of the legislative body shall give notice of the time and place in the resolution of intention as provided in Section 33825. (Added by Stats. 1979, Ch. 29.)
  103. 33828.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 9. Special Assessments [33800 - 33855] ( Chapter 9 added by Stats. 1979, Ch. 29. ) ## ARTICLE 3. Proceedings [33820 - 33839] ( Article 3 added by Stats. 1979, Ch. 29. )

    Verify source ↗

    The notice must be published, mailed, and posted in the ways and timing stated here.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 9. Special Assessments [33800 - 33855] ( Chapter 9 added by Stats. 1979, Ch. 29. ) ## ARTICLE 3. Proceedings [33820 - 33839] ( Article 3 added by Stats. 1979, Ch. 29. ) ## 33828. The notice shall be published pursuant to Section 6066 of the Government Code, the first publication of which shall be at least 20 days prior to the date set for hearing. Copies of the notice shall (1) be mailed by first class mail, postage prepaid, to the owners of property in the proposed special assessment area at the addresses of such owners as shown on the last equalized assessment roll used for tax purposes or as otherwise known to the clerk, (2) be mailed postage prepaid to the occupants of property in the proposed special assessment area, and (3) be posted conspicuously on all streets within the proposed special assessment area, not more than 300 feet apart on each street so posted, but not less than three in all. If property assessed pursuant to Section 19 of Article XIII of the Constitution is within such special assessment area, such notice shall be mailed to the owner of such property as shown on the roll last transmitted by the State Board of Equalization to the county auditor. (Added by Stats. 1979, Ch. 29.)
  104. 33829.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 9. Special Assessments [33800 - 33855] ( Chapter 9 added by Stats. 1979, Ch. 29. ) ## ARTICLE 3. Proceedings [33820 - 33839] ( Article 3 added by Stats. 1979, Ch. 29. )

    Verify source ↗

    A proceeding is not invalid just because notice was not mailed or posted, if there was substantial compliance with this article.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 9. Special Assessments [33800 - 33855] ( Chapter 9 added by Stats. 1979, Ch. 29. ) ## ARTICLE 3. Proceedings [33820 - 33839] ( Article 3 added by Stats. 1979, Ch. 29. ) ## 33829. No proceeding shall be held invalid for the failure to mail notice to any property owner or occupant or to post the notice if there has been substantial compliance with the requirements of this article. (Added by Stats. 1979, Ch. 29.)
  105. 33830.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 9. Special Assessments [33800 - 33855] ( Chapter 9 added by Stats. 1979, Ch. 29. ) ## ARTICLE 3. Proceedings [33820 - 33839] ( Article 3 added by Stats. 1979, Ch. 29. )

    Verify source ↗

    If there is no newspaper published and circulated in the city, the notice must be published in a newspaper published in any county where the city is located.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 9. Special Assessments [33800 - 33855] ( Chapter 9 added by Stats. 1979, Ch. 29. ) ## ARTICLE 3. Proceedings [33820 - 33839] ( Article 3 added by Stats. 1979, Ch. 29. ) ## 33830. If no newspaper is published and circulated in the city, the notice shall be published in a newspaper published in any county in which the city is located. (Added by Stats. 1979, Ch. 29.)
  106. 33831.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 9. Special Assessments [33800 - 33855] ( Chapter 9 added by Stats. 1979, Ch. 29. ) ## ARTICLE 3. Proceedings [33820 - 33839] ( Article 3 added by Stats. 1979, Ch. 29. )

    Verify source ↗

    Property owners in the proposed special assessment area may file a written protest before the hearing.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 9. Special Assessments [33800 - 33855] ( Chapter 9 added by Stats. 1979, Ch. 29. ) ## ARTICLE 3. Proceedings [33820 - 33839] ( Article 3 added by Stats. 1979, Ch. 29. ) ## 33831. Any owner of property within the proposed special assessment area may protest the formation of the special assessment area, the extent thereof, or the proposed assessment by filing a written protest with the clerk of the legislative body at or before the time set for the hearing. Such protest shall contain a description of the property sufficient to identify the same and, if the signer is not shown on the last equalized assessment roll as the owner of such property, shall contain or be accompanied by written evidence that such signer is the owner of such property. The clerk shall endorse on each protest the date of its receipt and at the time appointed for the hearing shall present to the legislative body all protests filed. No other protests shall be considered by the legislative body. (Added by Stats. 1979, Ch. 29.)
  107. 33832.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 9. Special Assessments [33800 - 33855] ( Chapter 9 added by Stats. 1979, Ch. 29. ) ## ARTICLE 3. Proceedings [33820 - 33839] ( Article 3 added by Stats. 1979, Ch. 29. )

    Verify source ↗

    The legislative body must consider the agency report and hear all written protests at the hearing on forming the special assessment area and levying special assessments.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 9. Special Assessments [33800 - 33855] ( Chapter 9 added by Stats. 1979, Ch. 29. ) ## ARTICLE 3. Proceedings [33820 - 33839] ( Article 3 added by Stats. 1979, Ch. 29. ) ## 33832. At the time and place set for hearing on the formation of the special assessment area and levy of special assessments, the legislative body shall consider the report of the agency and hear and pass upon all written protests. Such hearing may be continued from time to time by the legislative body. (Added by Stats. 1979, Ch. 29.)
  108. 33833.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 9. Special Assessments [33800 - 33855] ( Chapter 9 added by Stats. 1979, Ch. 29. ) ## ARTICLE 3. Proceedings [33820 - 33839] ( Article 3 added by Stats. 1979, Ch. 29. )

    Verify source ↗

    If enough property owners protest a proposed special assessment area, further proceedings stop and a new resolution cannot be passed for six months unless the protests are overruled by a four-fifths vote.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 9. Special Assessments [33800 - 33855] ( Chapter 9 added by Stats. 1979, Ch. 29. ) ## ARTICLE 3. Proceedings [33820 - 33839] ( Article 3 added by Stats. 1979, Ch. 29. ) ## 33833. If protests are filed against the special assessment area, and the legislative body finds that such protests are signed by the owners of more than one-half of the area of the property included within the proposed special assessment area, all further proceedings under the resolution of intention are barred, and no new resolution of intention for the same shall be passed within six months after the decision of the legislative body on the hearing, unless the protests are overruled by an affirmative vote of four-fifths of the members of the legislative body. (Added by Stats. 1979, Ch. 29.)
  109. 33834.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 9. Special Assessments [33800 - 33855] ( Chapter 9 added by Stats. 1979, Ch. 29. ) ## ARTICLE 3. Proceedings [33820 - 33839] ( Article 3 added by Stats. 1979, Ch. 29. )

    Verify source ↗

    When needed to decide whether a majority protest exists, the legislative body must determine whether protest signers are property owners using specified assessment rolls and evidence; it has no duty to gather or consider other ownership evidence, and its ownership determination is final and conclusive.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 9. Special Assessments [33800 - 33855] ( Chapter 9 added by Stats. 1979, Ch. 29. ) ## ARTICLE 3. Proceedings [33820 - 33839] ( Article 3 added by Stats. 1979, Ch. 29. ) ## 33834. If it is necessary, in order to find whether a majority protest exists, to determine whether any or all of the signers of written protests are the “owners” of property to be assessed, the legislative body shall make such determination from the last equalized assessment roll or the roll specified in Section 33828, any written evidence submitted with a written protest and any other evidence received at the hearing. The legislative body shall be under no duty to obtain or consider any other evidence as to ownership of property and its determination of ownership shall be final and conclusive. (Added by Stats. 1979, Ch. 29.)
  110. 33835.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 9. Special Assessments [33800 - 33855] ( Chapter 9 added by Stats. 1979, Ch. 29. ) ## ARTICLE 3. Proceedings [33820 - 33839] ( Article 3 added by Stats. 1979, Ch. 29. )

    Verify source ↗

    Before final action on the report, the legislative body must make specified findings based on evidence from the public hearing.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 9. Special Assessments [33800 - 33855] ( Chapter 9 added by Stats. 1979, Ch. 29. ) ## ARTICLE 3. Proceedings [33820 - 33839] ( Article 3 added by Stats. 1979, Ch. 29. ) ## 33835. Prior to final action on the report, the legislative body shall find and determine, based on evidence submitted at the public hearing, (a) whether the properties proposed to be assessed are specially benefited by the redevelopment activities described in Section 33814, and are capable of bearing the burden of the proposed assessment, (b) whether the assessments have been apportioned in proportion to such benefits, (c) whether property within the assessment area contains residential dwelling units, and (d) for each fiscal year in which the special assessment is proposed to be levied, the amount of taxes which was projected to be available for allocation to the agency pursuant to subdivision (b) of Section 33670, based on the actual tax rates in effect for the 1977–78 fiscal year and on the projected assessed values under the applicable laws in effect for the 1977–78 fiscal year, with respect to its indebtedness incurred prior to July 1, 1978. (Added by Stats. 1979, Ch. 29.)
  111. 33835.3.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 9. Special Assessments [33800 - 33855] ( Chapter 9 added by Stats. 1979, Ch. 29. ) ## ARTICLE 3. Proceedings [33820 - 33839] ( Article 3 added by Stats. 1979, Ch. 29. )

    Verify source ↗

    A special assessment may not be levied if the adopted report amount is at least the legislative body amount; otherwise, the maximum levy is the difference between those amounts plus any indebtedness in Section 33802.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 9. Special Assessments [33800 - 33855] ( Chapter 9 added by Stats. 1979, Ch. 29. ) ## ARTICLE 3. Proceedings [33820 - 33839] ( Article 3 added by Stats. 1979, Ch. 29. ) ## 33835.3. In no event shall a special assessment be levied pursuant to this chapter if the amount specified in the adopted report pursuant to subdivision (b) of Section 33822 is equal to or greater than the amount determined by the legislative body pursuant to subdivision (d) of Section 33835. If the amount established pursuant to subdivision (b) of Section 33822 in the adopted report is less than the amount determined pursuant to subdivision (d) of Section 33835, then the maximum amount which can be levied by special assessment pursuant to this chapter is the dollar difference between the amounts described in those two subdivisions plus any indebtedness described in Section 33802. (Added by Stats. 1979, Ch. 29.)
  112. 33835.5.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 9. Special Assessments [33800 - 33855] ( Chapter 9 added by Stats. 1979, Ch. 29. ) ## ARTICLE 3. Proceedings [33820 - 33839] ( Article 3 added by Stats. 1979, Ch. 29. )

    Verify source ↗

    Before final action on the report, the legislative body must determine that projected assessment revenues and related taxes do not exceed a specified amount.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 9. Special Assessments [33800 - 33855] ( Chapter 9 added by Stats. 1979, Ch. 29. ) ## ARTICLE 3. Proceedings [33820 - 33839] ( Article 3 added by Stats. 1979, Ch. 29. ) ## 33835.5. Prior to taking final action on the report pursuant to either Section 33821 or 33837, the legislative body shall find and determine that the total amount of revenues received by levying a special assessment pursuant to this chapter, plus the taxes which the legislative body has determined will be received pursuant to subdivision (b) of Section 33822 of the adopted report, does not exceed the amount determined pursuant to subdivision (d) of Section 33835 plus any indebtedness described in Section 33802. (Added by Stats. 1979, Ch. 29.)
  113. 33836.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 9. Special Assessments [33800 - 33855] ( Chapter 9 added by Stats. 1979, Ch. 29. ) ## ARTICLE 3. Proceedings [33820 - 33839] ( Article 3 added by Stats. 1979, Ch. 29. )

    Verify source ↗

    If enough written protests are not received or are overruled, the legislative body may confirm, modify, or correct the report, order formation of the special assessment area, and levy the assessments.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 9. Special Assessments [33800 - 33855] ( Chapter 9 added by Stats. 1979, Ch. 29. ) ## ARTICLE 3. Proceedings [33820 - 33839] ( Article 3 added by Stats. 1979, Ch. 29. ) ## 33836. If written protests by more than one-half of the area of the property in the special assessment area are either not received or are received and are overruled the legislative body may, by resolution, confirm, modify, or correct the report and order the formation of the special assessment area, and levy the assessments shown on the report as confirmed, modified or corrected. The resolution shall be final as to all persons and the assessments thereby levied upon the respective subdivisions of land in the special assessment area until changed pursuant to Section 33838. However, for the purposes of Section 33838, the assessment levied pursuant to this section shall be the assessment for the first fiscal year. (Added by Stats. 1979, Ch. 29.)
  114. 33837.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 9. Special Assessments [33800 - 33855] ( Chapter 9 added by Stats. 1979, Ch. 29. ) ## ARTICLE 3. Proceedings [33820 - 33839] ( Article 3 added by Stats. 1979, Ch. 29. )

    Verify source ↗

    Each year, the agency must file a report with the legislative body before May 15, after the first fiscal year the assessment district continues.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 9. Special Assessments [33800 - 33855] ( Chapter 9 added by Stats. 1979, Ch. 29. ) ## ARTICLE 3. Proceedings [33820 - 33839] ( Article 3 added by Stats. 1979, Ch. 29. ) ## 33837. Prior to May 15th of each year, after the first fiscal year, during which the assessment district is to continue, the agency shall file with the legislative body a report which shall contain (1) an estimate of the total amount of funds including taxes received by the agency pursuant to subdivision (b) of Section 33670 which will be available to pay the indebtedness for the next fiscal year, (2) an estimate of the amount of payments specified in the report pursuant to Section 33822 which the agency will be unable to pay because of insufficient funds, and (3) a diagram and a proposed assessment to be levied upon each parcel of property in the area for the next fiscal year. (Added by Stats. 1979, Ch. 29.)
  115. 33838.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 9. Special Assessments [33800 - 33855] ( Chapter 9 added by Stats. 1979, Ch. 29. ) ## ARTICLE 3. Proceedings [33820 - 33839] ( Article 3 added by Stats. 1979, Ch. 29. )

    Verify source ↗

    After receiving a report under Section 33837, the legislative body must review and adopt it and then choose one of the stated levy actions.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 9. Special Assessments [33800 - 33855] ( Chapter 9 added by Stats. 1979, Ch. 29. ) ## ARTICLE 3. Proceedings [33820 - 33839] ( Article 3 added by Stats. 1979, Ch. 29. ) ## 33838. After receiving a report pursuant to Section 33837, the legislative body shall review and adopt the report, either as presented or as modified, and shall take one of the following actions: (a) Find that the existing levy will raise substantially the same amount as is needed to make the payments, in which case no change to the existing levy is needed. (b) Find that the existing levy will raise more than is needed to make the payments, in which case the legislative body shall reduce the levy for that fiscal year to an amount sufficient to make the payments. (c) Find that the existing levy will not raise sufficient funds to make the payments, in which case the legislative body may, after a notice and hearing pursuant to Sections 33825 to 33835, inclusive, levy an increased assessment for that fiscal year in an amount sufficient to make the payments. (Added by Stats. 1979, Ch. 29.)
  116. 33839.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 9. Special Assessments [33800 - 33855] ( Chapter 9 added by Stats. 1979, Ch. 29. ) ## ARTICLE 3. Proceedings [33820 - 33839] ( Article 3 added by Stats. 1979, Ch. 29. )

    Verify source ↗

    Tax increments allocated to the agency for a qualifying redevelopment project must be used first to pay indebtedness.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 9. Special Assessments [33800 - 33855] ( Chapter 9 added by Stats. 1979, Ch. 29. ) ## ARTICLE 3. Proceedings [33820 - 33839] ( Article 3 added by Stats. 1979, Ch. 29. ) ## 33839. Notwithstanding any other provision of this chapter, all tax increments allocated to the agency pursuant to subdivision (b) of Section 33670 with respect to a redevelopment project for which a special assessment district has been created pursuant to this chapter, shall first be used to pay indebtedness, as defined in this chapter. (Added by Stats. 1979, Ch. 29.)
  117. 33840.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 9. Special Assessments [33800 - 33855] ( Chapter 9 added by Stats. 1979, Ch. 29. ) ## ARTICLE 4. Collection of Assessments [33840 - 33845] ( Article 4 added by Stats. 1979, Ch. 29. )

    Verify source ↗

    A certified copy of the diagram and assessment must be filed with the county auditor after the levy and before July 15, and the county auditor must enter the assessment amounts on the county tax roll.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 9. Special Assessments [33800 - 33855] ( Chapter 9 added by Stats. 1979, Ch. 29. ) ## ARTICLE 4. Collection of Assessments [33840 - 33845] ( Article 4 added by Stats. 1979, Ch. 29. ) ## 33840. Immediately after the levy, but in all cases before July 15th, a certified copy of the diagram and assessment shall be filed with the county auditor. The county auditor shall enter the amounts of the respective assessments on the county tax roll opposite the respective parcels of property. Immediately upon such recording, each of such assessments shall be a lien upon the property against which it is made and shall only be discharged by payment of the assessment and, if applicable, penalties, costs, or other charges resulting from delinquency in the payment of the assessment. (Added by Stats. 1979, Ch. 29.)
  118. 33840.5.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 9. Special Assessments [33800 - 33855] ( Chapter 9 added by Stats. 1979, Ch. 29. ) ## ARTICLE 4. Collection of Assessments [33840 - 33845] ( Article 4 added by Stats. 1979, Ch. 29. )

    Verify source ↗

    A city or county that levies these assessments must pay them to the county tax collector, with mixed-use property payments limited to the part attributable to low- or moderate-income dwelling units.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 9. Special Assessments [33800 - 33855] ( Chapter 9 added by Stats. 1979, Ch. 29. ) ## ARTICLE 4. Collection of Assessments [33840 - 33845] ( Article 4 added by Stats. 1979, Ch. 29. ) ## 33840.5. A city or county which levies assessments pursuant to this chapter shall pay to the county tax collector all such assessments levied on real property containing one or more dwelling units occupied by persons and families of low or moderate income; provided, that where such real property contains uses other than residential dwelling units occupied by persons and families of low or moderate income only that portion of the assessment attributable to the portion of the property occupied by persons and families of low or moderate income shall be paid by the city or county. The city or county shall establish a reasonable method for determining such apportionments. (Added by Stats. 1979, Ch. 29.)
  119. 33840.7.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 9. Special Assessments [33800 - 33855] ( Chapter 9 added by Stats. 1979, Ch. 29. ) ## ARTICLE 4. Collection of Assessments [33840 - 33845] ( Article 4 added by Stats. 1979, Ch. 29. )

    Verify source ↗

    Cities and counties with certain assessment areas must set up a process for low- or moderate-income residents, and some owners, to apply to have assessments paid.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 9. Special Assessments [33800 - 33855] ( Chapter 9 added by Stats. 1979, Ch. 29. ) ## ARTICLE 4. Collection of Assessments [33840 - 33845] ( Article 4 added by Stats. 1979, Ch. 29. ) ## 33840.7. (a) Each city or county which makes a finding that the assessment area includes property containing residential dwelling units shall establish procedures to enable persons and families of low or moderate income who occupy dwelling units within the assessment area, or owners of such dwelling units as provided in subdivision (b), to apply to the city or county to have the assessment paid. Such procedures may include (1) reasonable time deadlines for application, which, if not met by the applicant, will extinguish the obligation of the city or county to pay the assessment for that year and (2) a requirement that the applicant, not more than once each year, provide information which will enable the city or county to determine the dwelling unit in which the applicant resides and whether the applicant is a person or family of low or moderate income. (b) As to properties or portions of properties in which the occupancy of dwelling units is restricted by a written agreement or by operation of law to persons and families of low or moderate income, the owner of the property may apply to the city or county to have the assessment paid on all such dwelling units and as to those properties or portions of properties the use of which the city or county knows is restricted by a written agreement or by operation of law to persons and families of low or moderate income, the city or county shall pay the assessment without requiring any application to be submitted. The city or county may require the owners of such properties to provide a copy of the subject written agreement, if any, and to provide other information annually which will enable the city or county to determine the number of dwelling units actually occupied by persons or families of low or moderate income. (c) Except as to dwelling units in which the occupancy is restricted by law to persons and families of low or moderate income, the information required of applicants may include copies of federal and state income tax returns of the subject low or moderate income residents. (d) The procedures established by a city or county pursuant to this section shall provide for annual reviews as to whether real property within the assessment area containing residential dwelling units is occupied by persons and families of low or moderate income. The procedures shall additionally provide for notice to occupants and owners of property within the special assessment area of the maximum annual income by family size which may be received by persons and families of low or moderate income; the notices shall be mailed to such occupants and owners not less than 30 days prior to the final date for receiving applications for payment of the assessment pursuant to Section 33840.5. (Added by Stats. 1979, Ch. 29.)
  120. 33841.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 9. Special Assessments [33800 - 33855] ( Chapter 9 added by Stats. 1979, Ch. 29. ) ## ARTICLE 4. Collection of Assessments [33840 - 33845] ( Article 4 added by Stats. 1979, Ch. 29. )

    Verify source ↗

    An assessment lien is subordinate to earlier fixed special assessment liens on the same property, but it has priority over later-created fixed special assessment liens.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 9. Special Assessments [33800 - 33855] ( Chapter 9 added by Stats. 1979, Ch. 29. ) ## ARTICLE 4. Collection of Assessments [33840 - 33845] ( Article 4 added by Stats. 1979, Ch. 29. ) ## 33841. The lien of an assessment levied pursuant to this chapter shall be subordinate to all fixed special assessment liens previously imposed upon the same property but it shall have priority over all fixed special assessment liens which may thereafter be created against the property. (Added by Stats. 1979, Ch. 29.)
  121. 33842.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 9. Special Assessments [33800 - 33855] ( Chapter 9 added by Stats. 1979, Ch. 29. ) ## ARTICLE 4. Collection of Assessments [33840 - 33845] ( Article 4 added by Stats. 1979, Ch. 29. )

    Verify source ↗

    Assessments levied under this chapter must follow certain Revenue and Taxation Code rules for collection, penalties, costs, delinquency, redemption, and tax-roll nonpayment sales.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 9. Special Assessments [33800 - 33855] ( Chapter 9 added by Stats. 1979, Ch. 29. ) ## ARTICLE 4. Collection of Assessments [33840 - 33845] ( Article 4 added by Stats. 1979, Ch. 29. ) ## 33842. Assessments levied under this chapter shall be subject to all the provisions of Division 1 (commencing with Section 101) of the Revenue and Taxation Code applicable to the collection, penalties, costs, or other charges resulting from delinquency, redemption, and sale for nonpayment of taxes on the county tax roll. (Added by Stats. 1979, Ch. 29.)
  122. 33843.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 9. Special Assessments [33800 - 33855] ( Chapter 9 added by Stats. 1979, Ch. 29. ) ## ARTICLE 4. Collection of Assessments [33840 - 33845] ( Article 4 added by Stats. 1979, Ch. 29. )

    Verify source ↗

    Special assessments covered by this section are treated as levied every year until they are revised, rescinded, and the county auditor is notified.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 9. Special Assessments [33800 - 33855] ( Chapter 9 added by Stats. 1979, Ch. 29. ) ## ARTICLE 4. Collection of Assessments [33840 - 33845] ( Article 4 added by Stats. 1979, Ch. 29. ) ## 33843. The special assessments provided for in the resolution adopted pursuant to Section 33836 shall be deemed to have been levied in each succeeding year until the assessment is revised pursuant to Section 33838 or rescinded and the county auditor is given notice thereof. (Added by Stats. 1979, Ch. 29.)
  123. 33844.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 9. Special Assessments [33800 - 33855] ( Chapter 9 added by Stats. 1979, Ch. 29. ) ## ARTICLE 4. Collection of Assessments [33840 - 33845] ( Article 4 added by Stats. 1979, Ch. 29. )

    Verify source ↗

    Assessment proceeds must be put into a separate fund and transferred to the agency only to pay indebtedness.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 9. Special Assessments [33800 - 33855] ( Chapter 9 added by Stats. 1979, Ch. 29. ) ## ARTICLE 4. Collection of Assessments [33840 - 33845] ( Article 4 added by Stats. 1979, Ch. 29. ) ## 33844. All the proceeds of the assessment shall be placed in a separate fund of the legislative body and shall be transferred to the agency only for the payment of indebtedness. (Added by Stats. 1979, Ch. 29.)
  124. 33845.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 9. Special Assessments [33800 - 33855] ( Chapter 9 added by Stats. 1979, Ch. 29. ) ## ARTICLE 4. Collection of Assessments [33840 - 33845] ( Article 4 added by Stats. 1979, Ch. 29. )

    Verify source ↗

    After receiving proceeds from the legislative body under Section 33844, the agency must use them to pay indebtedness immediately or keep them in a separate fund for that purpose.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 9. Special Assessments [33800 - 33855] ( Chapter 9 added by Stats. 1979, Ch. 29. ) ## ARTICLE 4. Collection of Assessments [33840 - 33845] ( Article 4 added by Stats. 1979, Ch. 29. ) ## 33845. Upon receipt of any proceeds from the legislative body pursuant to Section 33844, the agency shall either immediately use such proceeds for the payment of indebtedness or it shall place such proceeds in a separate fund and shall thereafter only be removed and expended for the purpose of making such payments. (Added by Stats. 1979, Ch. 29.)
  125. 33850.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 9. Special Assessments [33800 - 33855] ( Chapter 9 added by Stats. 1979, Ch. 29. ) ## ARTICLE 5. Legal Actions, Exceptions [33850 - 33855] ( Article 5 added by Stats. 1979, Ch. 29. )

    Verify source ↗

    A challenge to the validity of an assessment under this chapter must be filed within 60 days after the levy, and related actions follow Chapter 9 of Title 10, Part 2 of the Code of Civil Procedure.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 9. Special Assessments [33800 - 33855] ( Chapter 9 added by Stats. 1979, Ch. 29. ) ## ARTICLE 5. Legal Actions, Exceptions [33850 - 33855] ( Article 5 added by Stats. 1979, Ch. 29. ) ## 33850. The validity of any assessment levied under this chapter shall not be contested in any action or proceeding unless commenced within 60 days after the levy thereof. The provisions of Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure shall be applicable to any such action or proceeding. (Added by Stats. 1979, Ch. 29.)
  126. 33851.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 9. Special Assessments [33800 - 33855] ( Chapter 9 added by Stats. 1979, Ch. 29. ) ## ARTICLE 5. Legal Actions, Exceptions [33850 - 33855] ( Article 5 added by Stats. 1979, Ch. 29. )

    Verify source ↗

    This chapter does not authorize the sale or issuance of bonds.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 9. Special Assessments [33800 - 33855] ( Chapter 9 added by Stats. 1979, Ch. 29. ) ## ARTICLE 5. Legal Actions, Exceptions [33850 - 33855] ( Article 5 added by Stats. 1979, Ch. 29. ) ## 33851. Nothing in this chapter shall be construed as authorizing the sale or issuance of bonds. (Added by Stats. 1979, Ch. 29.)
  127. 33852.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 9. Special Assessments [33800 - 33855] ( Chapter 9 added by Stats. 1979, Ch. 29. ) ## ARTICLE 5. Legal Actions, Exceptions [33850 - 33855] ( Article 5 added by Stats. 1979, Ch. 29. )

    Verify source ↗

    Proceedings and decisions under this chapter are exempt from Division 13 of the Public Resources Code.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 9. Special Assessments [33800 - 33855] ( Chapter 9 added by Stats. 1979, Ch. 29. ) ## ARTICLE 5. Legal Actions, Exceptions [33850 - 33855] ( Article 5 added by Stats. 1979, Ch. 29. ) ## 33852. All proceedings and decisions undertaken or made pursuant to this chapter shall be exempt from the requirements of Division 13 (commencing with Section 21000) of the Public Resources Code. (Added by Stats. 1979, Ch. 29.)
  128. 33853.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 9. Special Assessments [33800 - 33855] ( Chapter 9 added by Stats. 1979, Ch. 29. ) ## ARTICLE 5. Legal Actions, Exceptions [33850 - 33855] ( Article 5 added by Stats. 1979, Ch. 29. )

    Verify source ↗

    The Special Assessment Investigation, Limitation and Majority Protest Act of 1931 does not apply to proceedings under this part.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 9. Special Assessments [33800 - 33855] ( Chapter 9 added by Stats. 1979, Ch. 29. ) ## ARTICLE 5. Legal Actions, Exceptions [33850 - 33855] ( Article 5 added by Stats. 1979, Ch. 29. ) ## 33853. The Special Assessment Investigation, Limitation and Majority Protest Act of 1931, Division 4 (commencing with Section 2800) of the Streets and Highways Code, shall not apply to proceedings under this part. (Added by Stats. 1979, Ch. 29.)
  129. 33854.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 9. Special Assessments [33800 - 33855] ( Chapter 9 added by Stats. 1979, Ch. 29. ) ## ARTICLE 5. Legal Actions, Exceptions [33850 - 33855] ( Article 5 added by Stats. 1979, Ch. 29. )

    Verify source ↗

    If part of this chapter is held invalid, the rest still applies if it can work without the invalid part.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 9. Special Assessments [33800 - 33855] ( Chapter 9 added by Stats. 1979, Ch. 29. ) ## ARTICLE 5. Legal Actions, Exceptions [33850 - 33855] ( Article 5 added by Stats. 1979, Ch. 29. ) ## 33854. If any provision of this chapter or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable. (Added by Stats. 1979, Ch. 29.)
  130. 33855.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 9. Special Assessments [33800 - 33855] ( Chapter 9 added by Stats. 1979, Ch. 29. ) ## ARTICLE 5. Legal Actions, Exceptions [33850 - 33855] ( Article 5 added by Stats. 1979, Ch. 29. )

    Verify source ↗

    If Section 33840.5 is invalid, certain assessment-district actions and levies affecting low- or moderate-income housing property are barred.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 9. Special Assessments [33800 - 33855] ( Chapter 9 added by Stats. 1979, Ch. 29. ) ## ARTICLE 5. Legal Actions, Exceptions [33850 - 33855] ( Article 5 added by Stats. 1979, Ch. 29. ) ## 33855. If Section 33840.5 or any portion thereof is held invalid such invalidity shall not affect other provisions of this chapter which can be given effect without such invalid section; however, after such section or portion thereof has been held to be invalid: (1) no assessment district shall be established which includes real property containing one or more residential dwelling units occupied by persons and families of low or moderate income; (2) no levy shall be imposed on any real property containing one or more residential dwelling units occupied by persons and families of low or moderate income; and (3) any existing levy imposed upon real property containing one or more residential units occupied by persons and families of low or moderate income shall be deemed to be rescinded and the lien discharged. If any provision in this section is held to be invalid no levy shall be imposed on any property within a special assessment area which includes real property containing one or more residential dwelling units occupied by persons and families of low or moderate income after such section or portion thereof is found to be invalid. (Added by Stats. 1979, Ch. 29.)
  131. 34000.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.5. COMMUNITY REDEVELOPMENT DISASTER PROJECT LAW [34000 - 34008] ( Part 1.5 repealed and added by Stats. 1995, Ch. 186, Sec. 2. )

    Verify source ↗

    This section says the disaster redevelopment part is called the Community Redevelopment Disaster Project Law and sets rules for how it applies after disasters.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.5. COMMUNITY REDEVELOPMENT DISASTER PROJECT LAW [34000 - 34008] ( Part 1.5 repealed and added by Stats. 1995, Ch. 186, Sec. 2. ) ## 34000. (a) (1) The Legislature finds and declares all of the following: (A) Floods, fires, hurricanes, earthquakes, storms, tidal waves, or other catastrophes are disasters that can harm the public health, safety, and welfare. Communities need effective methods for rebuilding after disasters. (B) The extraordinary powers of redevelopment agencies have been and can be useful in the reconstruction of buildings and in stimulating local economic activity. (C) The procedures and requirements of the Community Redevelopment Law (Part 1 (commencing with Section 33000)) restrict the ability of local officials to respond quickly after disasters. (2) In enacting this part, it is, therefore, the intent of the Legislature to provide communities with alternative procedures and requirements for redevelopment after disasters. (b) Any redevelopment agency or project area established pursuant to the Community Redevelopment Financial Assistance and Disaster Project Law (former Part 1.5 (commencing with Section 34000)), as that law existed prior to the effective date of the act that repeals that law, shall remain in existence and subject to that law as if the Legislature had not repealed that law. (c) This part shall apply only to redevelopment activities undertaken pursuant to its provisions on and after the effective date of the act that adds this part. (d) This part is known and may be cited as the Community Redevelopment Disaster Project Law. (Repealed and added by Stats. 1995, Ch. 186, Sec. 2. Effective January 1, 1996.)
  132. 34001.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.5. COMMUNITY REDEVELOPMENT DISASTER PROJECT LAW [34000 - 34008] ( Part 1.5 repealed and added by Stats. 1995, Ch. 186, Sec. 2. )

    Verify source ↗

    A community must follow the Community Redevelopment Law except where this part says otherwise, and it may set up a redevelopment agency and adopt a redevelopment plan in a disaster area if specific timing conditions are met.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.5. COMMUNITY REDEVELOPMENT DISASTER PROJECT LAW [34000 - 34008] ( Part 1.5 repealed and added by Stats. 1995, Ch. 186, Sec. 2. ) ## 34001. (a) Except as specifically provided in this part, a community shall comply with the Community Redevelopment Law. (b) A community may establish a redevelopment agency, and adopt and implement a redevelopment plan pursuant to this part, within a disaster area if the community has commenced the adoption of the redevelopment plan within six months after the President of the United States has determined the disaster to be a major disaster pursuant to paragraph (1) of subdivision (a) of Section 34002 and the legislative body has adopted the redevelopment plan within 24 months after the President of the United States has determined the disaster to be a major disaster pursuant to paragraph (1) of subdivision (a) of Section 34002. (Repealed and added by Stats. 1995, Ch. 186, Sec. 2. Effective January 1, 1996.)
  133. 34002.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.5. COMMUNITY REDEVELOPMENT DISASTER PROJECT LAW [34000 - 34008] ( Part 1.5 repealed and added by Stats. 1995, Ch. 186, Sec. 2. )

    Verify source ↗

    This section defines key terms used in the disaster redevelopment law, including “disaster,” “project area,” “predominantly urbanized,” and “redevelopment agency.”

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.5. COMMUNITY REDEVELOPMENT DISASTER PROJECT LAW [34000 - 34008] ( Part 1.5 repealed and added by Stats. 1995, Ch. 186, Sec. 2. ) ## 34002. (a) As used in this part: (1) “Disaster” means any flood, fire, hurricane, earthquake, storm, tidal wave, or other catastrophe occurring on or after January 1, 1996, for which the Governor of the state has certified the need for assistance and which the President of the United States has determined to be a major disaster pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Public Law 93-288), as it may be from time to time amended. (2) “Project area” is an area that meets both of the following requirements: (A) It is an area that is predominantly urbanized, as that term is defined in paragraph (3). (B) It is limited to an area in which the disaster damage has caused conditions that are so prevalent and so substantial that they have caused a reduction, or a lack, of the normal predisaster usage of the area to an extent that causes a serious physical and economic burden that cannot reasonably be expected to be reversed or alleviated during the term of the redevelopment plan by private enterprise or governmental action, or both, without redevelopment. (3) “Predominantly urbanized” means that not less than 80 percent of the land in the project area meets the requirements of paragraphs (1) and (3) of subdivision (b) of Section 33320.1. (4) “Redevelopment agency” means any agency provided for and authorized to function pursuant to the Community Redevelopment Law or this part. (b) Except as otherwise provided in this part, all words, terms, and phrases in this part shall have the same meanings as set forth in the Community Redevelopment Law. (Repealed and added by Stats. 1995, Ch. 186, Sec. 2. Effective January 1, 1996.)
  134. 34003.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.5. COMMUNITY REDEVELOPMENT DISASTER PROJECT LAW [34000 - 34008] ( Part 1.5 repealed and added by Stats. 1995, Ch. 186, Sec. 2. )

    Verify source ↗

    A qualifying community may, by ordinance, declare the need for a redevelopment agency to function after a disaster.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.5. COMMUNITY REDEVELOPMENT DISASTER PROJECT LAW [34000 - 34008] ( Part 1.5 repealed and added by Stats. 1995, Ch. 186, Sec. 2. ) ## 34003. Any community in which a disaster has occurred, and which prior to January 1, 1996, had not authorized a redevelopment agency to transact business or exercise any powers, may, by ordinance, declare the need for an agency to function in the community. The ordinance of the legislative body declaring that there is a need for an agency to function in the community and the ordinance adopting the redevelopment plan shall be subject to referendum as prescribed by law for the ordinances of the legislative body. (Repealed and added by Stats. 1995, Ch. 186, Sec. 2. Effective January 1, 1996.)
  135. 34004.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.5. COMMUNITY REDEVELOPMENT DISASTER PROJECT LAW [34000 - 34008] ( Part 1.5 repealed and added by Stats. 1995, Ch. 186, Sec. 2. )

    Verify source ↗

    Redevelopment agencies may plan and carry out redevelopment plans for disaster-area projects, and they may do so without following several listed Community Redevelopment Law requirements. Any plan adopted under this section must include three specified time limits.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.5. COMMUNITY REDEVELOPMENT DISASTER PROJECT LAW [34000 - 34008] ( Part 1.5 repealed and added by Stats. 1995, Ch. 186, Sec. 2. ) ## 34004. Notwithstanding any provision of the Community Redevelopment Law, any redevelopment agency may plan, adopt, and implement a redevelopment plan, and the redevelopment agency and the legislative body of the community may approve a redevelopment plan for a project in a disaster area pursuant to the Community Redevelopment Law, without regard to any of the following: (a) The requirements of Sections 33301 and 33302 that there be a planning commission and a general plan. (b) The requirements of Sections 33320.1 and 33322 that the project area be a blighted area or that the project area be selected by a planning commission. (c) The requirement of Section 33331 that the redevelopment plan shall conform to a general plan. (d) The requirement of Section 33346 that the redevelopment plan be submitted to the planning commission. (e) The requirements of Section 33367 that the ordinance of the legislative body adopting the redevelopment plan shall contain findings (1) that the project area is a blighted area and (2) that the redevelopment plan conforms to the general plan of the community. (f) The “relocation findings and statement” required by Section 33367 or the requirement of subdivision (f) of Section 33352 that a relocation plan be adopted prior to the adoption of the redevelopment plan. Nothing in this subdivision shall be construed to eliminate the requirement that a redevelopment agency comply with the California Real Property Acquisition and Relocation Assistance Act (Chapter 16 (commencing with Section 7260) of Division 7 of Title 1 of the Government Code). (g) The time limits required by Section 33333.2. However, any redevelopment plan adopted pursuant to this part shall contain the following time limits: (1) A time limit on the establishing of loans, advances, and indebtedness to be paid with the proceeds of property taxes received pursuant to Section 33670, which may not exceed 10 years from the adoption of the redevelopment plan. (2) A time limit, not to exceed 10 years from the adoption of the redevelopment plan, on the effectiveness of the redevelopment plan. (3) A time limit, not to exceed 30 years from the adoption of the redevelopment plan, to repay indebtedness with the proceeds of property taxes received pursuant to Section 33670. (Repealed and added by Stats. 1995, Ch. 186, Sec. 2. Effective January 1, 1996.)
  136. 34004.1.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.5. COMMUNITY REDEVELOPMENT DISASTER PROJECT LAW [34000 - 34008] ( Part 1.5 repealed and added by Stats. 1995, Ch. 186, Sec. 2. )

    Verify source ↗

    For the Cedar Glen Disaster Recovery Project Area, the redevelopment plan’s effective time limit cannot be more than 15 years from adoption.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.5. COMMUNITY REDEVELOPMENT DISASTER PROJECT LAW [34000 - 34008] ( Part 1.5 repealed and added by Stats. 1995, Ch. 186, Sec. 2. ) ## 34004.1. Notwithstanding subdivision (g) of Section 34004, the time limit on the effectiveness of the redevelopment plan for the County of San Bernardino Redevelopment Agency’s Cedar Glen Disaster Recovery Project Area shall not exceed 15 years from the adoption of the redevelopment plan. (Added by Stats. 2009, Ch. 13, Sec. 1. (SB 430) Effective January 1, 2010.)
  137. 34005.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.5. COMMUNITY REDEVELOPMENT DISASTER PROJECT LAW [34000 - 34008] ( Part 1.5 repealed and added by Stats. 1995, Ch. 186, Sec. 2. )

    Verify source ↗

    If the agency makes the required public-hearing finding, CEQA does not apply to adopting the redevelopment plan, but the agency must still complete environmental review and related steps on a set schedule.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.5. COMMUNITY REDEVELOPMENT DISASTER PROJECT LAW [34000 - 34008] ( Part 1.5 repealed and added by Stats. 1995, Ch. 186, Sec. 2. ) ## 34005. (a) Notwithstanding subdivision (k) of Section 33352, the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) shall not apply to the adoption of a redevelopment plan prepared pursuant to this part if the redevelopment agency determines at a public hearing, noticed in accord with this section, that the need to adopt a redevelopment plan at the soonest possible time in order to use the authority in the Community Redevelopment Disaster Project Law requires the redevelopment agency to delay application of the provisions of the California Environmental Quality Act to the redevelopment plan in accordance with this section. (b) If the redevelopment agency finds, pursuant to subdivision (a), that the application of the California Environmental Quality Act to the redevelopment plan is required to be delayed, the redevelopment agency shall prepare and certify an environmental impact report or approve a negative declaration for the redevelopment plan within 12 months after the effective date of the ordinance adopting the redevelopment plan. If, as a result of the preparation of the environmental document prepared pursuant to this subdivision, it is necessary to amend the redevelopment plan to mitigate any impacts, the agency shall amend the redevelopment plan according to the procedures of this part. If the environmental document is determined to be inadequate, the redevelopment agency shall not continue with projects which implement the redevelopment plan until an adequate environmental document has been certified; however, this determination shall not affect the validity of the redevelopment plan. (c) Until the redevelopment agency certifies an environmental impact report or negative declaration for the redevelopment plan, all projects, as defined in the California Environmental Quality Act, which implement the redevelopment plan shall be subject to the California Environmental Quality Act, including, but not limited to, specific plans and rezonings. The environmental document for any implementing project shall include an analysis and mitigation of potential cumulative impacts, if any, that otherwise will not be known until an environmental document for the redevelopment plan is certified or approved and shall also include a reporting or monitoring program required pursuant to Section 21081 of the Public Resources Code. (d) The notice for the public hearing required by subdivision (a) shall comply with and may be combined with the notices in Section 33349 or 33361. The notice shall state that the agency intends to consider and act upon a determination that the need to adopt a redevelopment plan at the soonest possible time in order to use the authority in the Community Redevelopment Disaster Project Law requires the redevelopment agency to delay application of the provisions of the California Environmental Quality Act to the redevelopment plan in accordance with this section. (Repealed and added by Stats. 1995, Ch. 186, Sec. 2. Effective January 1, 1996.)
  138. 34006.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.5. COMMUNITY REDEVELOPMENT DISASTER PROJECT LAW [34000 - 34008] ( Part 1.5 repealed and added by Stats. 1995, Ch. 186, Sec. 2. )

    Verify source ↗

    This section defines “last equalized assessment roll” and “base-year assessment roll” for specified redevelopment and tax-allocation purposes.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.5. COMMUNITY REDEVELOPMENT DISASTER PROJECT LAW [34000 - 34008] ( Part 1.5 repealed and added by Stats. 1995, Ch. 186, Sec. 2. ) ## 34006. For purposes of Sections 33328, 33670, and 33675, and for purposes of allocation of taxes pursuant to Section 33670 and the provisions of any disaster area redevelopment plan, “last equalized assessment roll” and “base-year assessment roll” mean the assessment roll as reduced in accordance with subdivision (b) of Section 170 of the Revenue and Taxation Code. (Repealed and added by Stats. 1995, Ch. 186, Sec. 2. Effective January 1, 1996.)
  139. 34007.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.5. COMMUNITY REDEVELOPMENT DISASTER PROJECT LAW [34000 - 34008] ( Part 1.5 repealed and added by Stats. 1995, Ch. 186, Sec. 2. )

    Verify source ↗

    A redevelopment agency must use certain tax proceeds only for specified disaster-related acquisition, demolition, repair, restoration, rehabilitation, or replacement work in the project area.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.5. COMMUNITY REDEVELOPMENT DISASTER PROJECT LAW [34000 - 34008] ( Part 1.5 repealed and added by Stats. 1995, Ch. 186, Sec. 2. ) ## 34007. A redevelopment agency that has adopted a redevelopment plan pursuant to this part shall limit the use of the proceeds of taxes received pursuant to Section 33670 for the sole purpose of acquiring, demolishing, removing , relocating, repairing, restoring, rehabilitating, or replacing buildings, low- and moderate-income housing, facilities, structures, or other improvements, in accordance with applicable laws, which are within the project area, and which have been damaged or destroyed by the disaster, which are unsafe to occupy, or which are required to be acquired, demolished, altered, or removed because of the disaster. Nothing in this section shall be deemed to expand or diminish the authority of a redevelopment agency pursuant to the Community Redevelopment Law. (Repealed and added by Stats. 1995, Ch. 186, Sec. 2. Effective January 1, 1996.)
  140. 34008.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.5. COMMUNITY REDEVELOPMENT DISASTER PROJECT LAW [34000 - 34008] ( Part 1.5 repealed and added by Stats. 1995, Ch. 186, Sec. 2. )

    Verify source ↗

    A community that adopted a redevelopment plan may add all or part of the project area to a separate redevelopment plan before the plan ends.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.5. COMMUNITY REDEVELOPMENT DISASTER PROJECT LAW [34000 - 34008] ( Part 1.5 repealed and added by Stats. 1995, Ch. 186, Sec. 2. ) ## 34008. A community that has adopted a redevelopment plan pursuant to this part may, prior to the termination of the plan, include all or a portion of the project area within a separate redevelopment plan pursuant to the Community Redevelopment Law. However, any portion of the project area included within the separate redevelopment plan shall meet all the requirements of the Community Redevelopment Law. (Repealed and added by Stats. 1995, Ch. 186, Sec. 2. Effective January 1, 1996.)
  141. 34050.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.6. NATURAL DISASTERS [34050 - 34086] ( Part 1.6 added by Stats. 1989, 1st Ex. Sess., Ch. 6, Sec. 3. ) ## CHAPTER 1. Natural Disaster Community Assistance [34050 - 34055] ( Chapter 1 added by Stats. 1989, 1st Ex. Sess., Ch. 6, Sec. 3. )

    Verify source ↗

    This section says natural disasters can damage housing and infrastructure, cause homelessness and economic dislocation, and states the chapter’s intent to help rebuild housing, assist displaced persons, and support economic recovery in jurisdictions under a Governor-declared state of emergency.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.6. NATURAL DISASTERS [34050 - 34086] ( Part 1.6 added by Stats. 1989, 1st Ex. Sess., Ch. 6, Sec. 3. ) ## CHAPTER 1. Natural Disaster Community Assistance [34050 - 34055] ( Chapter 1 added by Stats. 1989, 1st Ex. Sess., Ch. 6, Sec. 3. ) ## 34050. The Legislature finds that natural disasters result in the destruction and damage of housing and related infrastructure, homelessness, and economic dislocation. It is the intent of the Legislature in enacting this chapter to assist in the rehabilitation and reconstruction of housing, aid displaced persons, and aid economic recovery in jurisdictions subject to a state of emergency proclaimed by the Governor. (Added by Stats. 1989, 1st Ex. Sess., Ch. 6, Sec. 3. Effective November 7, 1989.)
  142. 34050.5.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.6. NATURAL DISASTERS [34050 - 34086] ( Part 1.6 added by Stats. 1989, 1st Ex. Sess., Ch. 6, Sec. 3. ) ## CHAPTER 1. Natural Disaster Community Assistance [34050 - 34055] ( Chapter 1 added by Stats. 1989, 1st Ex. Sess., Ch. 6, Sec. 3. )

    Verify source ↗

    This section defines “Department” and “natural disaster” for this part.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.6. NATURAL DISASTERS [34050 - 34086] ( Part 1.6 added by Stats. 1989, 1st Ex. Sess., Ch. 6, Sec. 3. ) ## CHAPTER 1. Natural Disaster Community Assistance [34050 - 34055] ( Chapter 1 added by Stats. 1989, 1st Ex. Sess., Ch. 6, Sec. 3. ) ## 34050.5. (a) “Department” as used in this part means the Department of Housing and Community Development. (b) “Natural disaster” as used in this part has the same meaning as in Section 8680.3 of the Government Code. (Added by Stats. 1989, 1st Ex. Sess., Ch. 6, Sec. 3. Effective November 7, 1989.)
  143. 34051.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.6. NATURAL DISASTERS [34050 - 34086] ( Part 1.6 added by Stats. 1989, 1st Ex. Sess., Ch. 6, Sec. 3. ) ## CHAPTER 1. Natural Disaster Community Assistance [34050 - 34055] ( Chapter 1 added by Stats. 1989, 1st Ex. Sess., Ch. 6, Sec. 3. )

    Verify source ↗

    Financial assistance may be provided to disaster victims after a natural disaster that results in a gubernatorially proclaimed state of emergency, subject to this part’s conditions.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.6. NATURAL DISASTERS [34050 - 34086] ( Part 1.6 added by Stats. 1989, 1st Ex. Sess., Ch. 6, Sec. 3. ) ## CHAPTER 1. Natural Disaster Community Assistance [34050 - 34055] ( Chapter 1 added by Stats. 1989, 1st Ex. Sess., Ch. 6, Sec. 3. ) ## 34051. For the purpose of providing disaster relief to victims of a natural disaster, as defined by Section 8680.3 of the Government Code, resulting in a state of emergency proclaimed by the Governor pursuant to Section 8625 of the Government Code, financial assistance may be provided to disaster victims as prescribed in this part. Funds appropriated for the purposes authorized by this part shall be expended only to the extent that other federal, state, local, private insurance resources, or private institutional lending sources are not available or do not provide the assistance or coverage needed, except for assistance provided pursuant to Section 34052. (Amended by Stats. 1990, Ch. 19, Sec. 1. Effective March 13, 1990.)
  144. 34052.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.6. NATURAL DISASTERS [34050 - 34086] ( Part 1.6 added by Stats. 1989, 1st Ex. Sess., Ch. 6, Sec. 3. ) ## CHAPTER 1. Natural Disaster Community Assistance [34050 - 34055] ( Chapter 1 added by Stats. 1989, 1st Ex. Sess., Ch. 6, Sec. 3. )

    Verify source ↗

    If funds are available, the department must award disaster-relief funds for communities hit by a natural disaster, and those funds must be used for housing for low- and moderate-income persons, with first priority for low-income housing.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.6. NATURAL DISASTERS [34050 - 34086] ( Part 1.6 added by Stats. 1989, 1st Ex. Sess., Ch. 6, Sec. 3. ) ## CHAPTER 1. Natural Disaster Community Assistance [34050 - 34055] ( Chapter 1 added by Stats. 1989, 1st Ex. Sess., Ch. 6, Sec. 3. ) ## 34052. For the purpose of providing disaster relief in communities subject to a natural disaster, the department shall award funds pursuant to Chapter 3.5 (commencing with Section 50530) of Part 2 of Division 31 if funds have been made available for this purpose. Notwithstanding subdivision (b) of Section 50531, funds shall be used for housing for persons of low and moderate income, including persons who are recipients of in-home supportive services, with first priority given to funding housing for persons of low income, including recipients of in-home supportive services. (Amended by Stats. 2018, Ch. 789, Sec. 3. (SB 1040) Effective January 1, 2019.)
  145. 34053.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.6. NATURAL DISASTERS [34050 - 34086] ( Part 1.6 added by Stats. 1989, 1st Ex. Sess., Ch. 6, Sec. 3. ) ## CHAPTER 1. Natural Disaster Community Assistance [34050 - 34055] ( Chapter 1 added by Stats. 1989, 1st Ex. Sess., Ch. 6, Sec. 3. )

    Verify source ↗

    The department must prioritize grant awards for disaster relief to farmworkers in natural-disaster communities that participate in the Special Housing Program for Migratory Workers.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.6. NATURAL DISASTERS [34050 - 34086] ( Part 1.6 added by Stats. 1989, 1st Ex. Sess., Ch. 6, Sec. 3. ) ## CHAPTER 1. Natural Disaster Community Assistance [34050 - 34055] ( Chapter 1 added by Stats. 1989, 1st Ex. Sess., Ch. 6, Sec. 3. ) ## 34053. For the purpose of providing disaster relief to farmworkers in communities subject to a natural disaster, the department shall give priority to awarding grants in communities participating in the Special Housing Program for Migratory Workers (Chapter 8.5 (commencing with Section 50710) of Part 2 of Division 33). (Amended by Stats. 2004, Ch. 225, Sec. 44. Effective August 16, 2004.)
  146. 34054.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.6. NATURAL DISASTERS [34050 - 34086] ( Part 1.6 added by Stats. 1989, 1st Ex. Sess., Ch. 6, Sec. 3. ) ## CHAPTER 1. Natural Disaster Community Assistance [34050 - 34055] ( Chapter 1 added by Stats. 1989, 1st Ex. Sess., Ch. 6, Sec. 3. )

    Verify source ↗

    Money appropriated under Section 34052 may be used only to rehabilitate or reconstruct housing and related infrastructure damaged by a natural disaster.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.6. NATURAL DISASTERS [34050 - 34086] ( Part 1.6 added by Stats. 1989, 1st Ex. Sess., Ch. 6, Sec. 3. ) ## CHAPTER 1. Natural Disaster Community Assistance [34050 - 34055] ( Chapter 1 added by Stats. 1989, 1st Ex. Sess., Ch. 6, Sec. 3. ) ## 34054. Funds appropriated for the purposes of Section 34052, shall only be expended for rehabilitation or reconstruction of housing and related infrastructure which has been damaged as a result of the natural disaster. (Added by Stats. 1989, 1st Ex. Sess., Ch. 6, Sec. 3. Effective November 7, 1989.)
  147. 34055.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.6. NATURAL DISASTERS [34050 - 34086] ( Part 1.6 added by Stats. 1989, 1st Ex. Sess., Ch. 6, Sec. 3. ) ## CHAPTER 1. Natural Disaster Community Assistance [34050 - 34055] ( Chapter 1 added by Stats. 1989, 1st Ex. Sess., Ch. 6, Sec. 3. )

    Verify source ↗

    Department rules, policies, and similar general standards used to implement this part are exempt from Chapter 3.5’s requirements.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.6. NATURAL DISASTERS [34050 - 34086] ( Part 1.6 added by Stats. 1989, 1st Ex. Sess., Ch. 6, Sec. 3. ) ## CHAPTER 1. Natural Disaster Community Assistance [34050 - 34055] ( Chapter 1 added by Stats. 1989, 1st Ex. Sess., Ch. 6, Sec. 3. ) ## 34055. Any regulation, rule, policy, or standard of general application employed by the department in implementing this part shall not be subject to the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of the Government Code. (Added by Stats. 1989, 1st Ex. Sess., Ch. 6, Sec. 3. Effective November 7, 1989.)
  148. 34070.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.6. NATURAL DISASTERS [34050 - 34086] ( Part 1.6 added by Stats. 1989, 1st Ex. Sess., Ch. 6, Sec. 3. ) ## CHAPTER 2. Natural Disaster Emergency Shelter Program [34070 - 34082] ( Chapter 2 added by Stats. 1989, 1st Ex. Sess., Ch. 6, Sec. 3. )

    Verify source ↗

    The Legislature says shelter should be provided to people made homeless by a natural disaster, as cheaply and quickly as possible, while keeping occupants’ health and safety protected.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.6. NATURAL DISASTERS [34050 - 34086] ( Part 1.6 added by Stats. 1989, 1st Ex. Sess., Ch. 6, Sec. 3. ) ## CHAPTER 2. Natural Disaster Emergency Shelter Program [34070 - 34082] ( Chapter 2 added by Stats. 1989, 1st Ex. Sess., Ch. 6, Sec. 3. ) ## 34070. It is the intent of the Legislature to encourage the provision of shelter to persons who are rendered homeless as the result of a natural disaster at as low a cost as possible, to encourage people to move from shelters to a self-supporting environment as soon as possible, and to encourage the provision of shelters at as low a cost and as quickly as possible without compromising the health and safety of shelter occupants. (Added by Stats. 1989, 1st Ex. Sess., Ch. 6, Sec. 3. Effective November 7, 1989.)
  149. 34071.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.6. NATURAL DISASTERS [34050 - 34086] ( Part 1.6 added by Stats. 1989, 1st Ex. Sess., Ch. 6, Sec. 3. ) ## CHAPTER 2. Natural Disaster Emergency Shelter Program [34070 - 34082] ( Chapter 2 added by Stats. 1989, 1st Ex. Sess., Ch. 6, Sec. 3. )

    Verify source ↗

    This section defines “eligible recipient” for the chapter.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.6. NATURAL DISASTERS [34050 - 34086] ( Part 1.6 added by Stats. 1989, 1st Ex. Sess., Ch. 6, Sec. 3. ) ## CHAPTER 2. Natural Disaster Emergency Shelter Program [34070 - 34082] ( Chapter 2 added by Stats. 1989, 1st Ex. Sess., Ch. 6, Sec. 3. ) ## 34071. “Eligible recipient” as used in this chapter means an agency of local government or a nonprofit organization which is able to provide or contract with recognized community organizations to provide, emergency or temporary shelter for the homeless. (Amended by Stats. 1990, Ch. 19, Sec. 5. Effective March 13, 1990.)
  150. 34072.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.6. NATURAL DISASTERS [34050 - 34086] ( Part 1.6 added by Stats. 1989, 1st Ex. Sess., Ch. 6, Sec. 3. ) ## CHAPTER 2. Natural Disaster Emergency Shelter Program [34070 - 34082] ( Chapter 2 added by Stats. 1989, 1st Ex. Sess., Ch. 6, Sec. 3. )

    Verify source ↗

    The department must accept funding applications from eligible local governmental agencies and nonprofit organizations prepared to provide emergency shelter after a natural disaster.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.6. NATURAL DISASTERS [34050 - 34086] ( Part 1.6 added by Stats. 1989, 1st Ex. Sess., Ch. 6, Sec. 3. ) ## CHAPTER 2. Natural Disaster Emergency Shelter Program [34070 - 34082] ( Chapter 2 added by Stats. 1989, 1st Ex. Sess., Ch. 6, Sec. 3. ) ## 34072. The department shall accept applications for funding pursuant to this chapter from local governmental agencies and nonprofit organizations which are eligible recipients and which are, at the time the application is made, prepared to provide emergency shelter to persons who have been rendered homeless as the result of a natural disaster. (Amended by Stats. 1990, Ch. 19, Sec. 7. Effective March 13, 1990.)
  151. 34073.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.6. NATURAL DISASTERS [34050 - 34086] ( Part 1.6 added by Stats. 1989, 1st Ex. Sess., Ch. 6, Sec. 3. ) ## CHAPTER 2. Natural Disaster Emergency Shelter Program [34070 - 34082] ( Chapter 2 added by Stats. 1989, 1st Ex. Sess., Ch. 6, Sec. 3. )

    Verify source ↗

    During a natural disaster, funding applications for the Natural Disaster Emergency Shelter Program must be sent directly to the department, which reviews them and decides eligibility and need.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.6. NATURAL DISASTERS [34050 - 34086] ( Part 1.6 added by Stats. 1989, 1st Ex. Sess., Ch. 6, Sec. 3. ) ## CHAPTER 2. Natural Disaster Emergency Shelter Program [34070 - 34082] ( Chapter 2 added by Stats. 1989, 1st Ex. Sess., Ch. 6, Sec. 3. ) ## 34073. (a) Notwithstanding Section 50803.5, in the event of a natural disaster, applications for funding from the Natural Disaster Emergency Shelter Program shall be submitted directly to the department. The department shall assume direct responsibility for the review and evaluation of all applications, and shall be responsible for determining applicant eligibility and the need for the proposed activities. (b) The initial notice of funding provided by the department for funds shall be transmitted as soon as practicably possible, but in no event later than 15 days after the statute providing that funding is chaptered. (Amended by Stats. 1990, Ch. 19, Sec. 9. Effective March 13, 1990.)
  152. 34074.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.6. NATURAL DISASTERS [34050 - 34086] ( Part 1.6 added by Stats. 1989, 1st Ex. Sess., Ch. 6, Sec. 3. ) ## CHAPTER 2. Natural Disaster Emergency Shelter Program [34070 - 34082] ( Chapter 2 added by Stats. 1989, 1st Ex. Sess., Ch. 6, Sec. 3. )

    Verify source ↗

    Disaster funding may be used for specified emergency shelter purposes, and eligible recipients must use the funds to provide shelter and follow nondiscrimination and related funding rules.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.6. NATURAL DISASTERS [34050 - 34086] ( Part 1.6 added by Stats. 1989, 1st Ex. Sess., Ch. 6, Sec. 3. ) ## CHAPTER 2. Natural Disaster Emergency Shelter Program [34070 - 34082] ( Chapter 2 added by Stats. 1989, 1st Ex. Sess., Ch. 6, Sec. 3. ) ## 34074. (a) Funds awarded, as a result of a natural disaster, may be used for any of the following: (1) Rent vouchers which may be used within or outside the jurisdiction for which they were issued. (2) Temporary expansion of existing shelters. (3) Creation of temporary shelters, equipment of buildings and sites for use as emergency shelters; and the installation of food preparation and serving facilities, if the department determines that contracting for the provision of meals to the shelter residents, as defined in division (b), is not reasonable and economically feasible. (4) Operation of shelters. (5) Administration of emergency shelter programs. (b) Any eligible recipient awarded funding as a result of a natural disaster shall be required to use the funds to provide emergency shelter to persons who have been rendered homeless as a result of the natural disaster. Recipients shall practice nondiscrimination in the provision of the shelter and shall use the funds to supplement, not supplant, other federal, state, and local programs providing social services, health care, and housing assistance, and to meet any other qualifications the department finds necessary to carry out the intent of the Natural Disaster Emergency Shelter Program. (Amended by Stats. 1990, Ch. 1067, Sec. 1. Effective September 19, 1990.)
  153. 34075.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.6. NATURAL DISASTERS [34050 - 34086] ( Part 1.6 added by Stats. 1989, 1st Ex. Sess., Ch. 6, Sec. 3. ) ## CHAPTER 2. Natural Disaster Emergency Shelter Program [34070 - 34082] ( Chapter 2 added by Stats. 1989, 1st Ex. Sess., Ch. 6, Sec. 3. )

    Verify source ↗

    This section says certain funding limits from Section 50805 do not apply to this chapter.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.6. NATURAL DISASTERS [34050 - 34086] ( Part 1.6 added by Stats. 1989, 1st Ex. Sess., Ch. 6, Sec. 3. ) ## CHAPTER 2. Natural Disaster Emergency Shelter Program [34070 - 34082] ( Chapter 2 added by Stats. 1989, 1st Ex. Sess., Ch. 6, Sec. 3. ) ## 34075. The limitations imposed by Section 50805 on the amounts that the department may allocate for administrative or operating expenses and the requirement that not less than 20 percent of the moneys in the Emergency Housing and Assistance Fund shall be allocated to nonurban counties shall not apply to the provisions of this chapter. (Repealed and added by Stats. 1990, Ch. 19, Sec. 15. Effective March 13, 1990.)
  154. 34076.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.6. NATURAL DISASTERS [34050 - 34086] ( Part 1.6 added by Stats. 1989, 1st Ex. Sess., Ch. 6, Sec. 3. ) ## CHAPTER 2. Natural Disaster Emergency Shelter Program [34070 - 34082] ( Chapter 2 added by Stats. 1989, 1st Ex. Sess., Ch. 6, Sec. 3. )

    Verify source ↗

    The department must define which expenses count as operating and administrative expenses for this chapter.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.6. NATURAL DISASTERS [34050 - 34086] ( Part 1.6 added by Stats. 1989, 1st Ex. Sess., Ch. 6, Sec. 3. ) ## CHAPTER 2. Natural Disaster Emergency Shelter Program [34070 - 34082] ( Chapter 2 added by Stats. 1989, 1st Ex. Sess., Ch. 6, Sec. 3. ) ## 34076. The department shall establish the types of expenses which are included within the meaning of operating and administrative expenses for purposes of this chapter. These expenses shall include, at a minimum all of the following: (a) Operation expenses relating to supervising and counseling clients in obtaining permanent shelter, job placement, and other sources of support. (b) Administrative expenses relating to telephone charges, office space rent, salary and benefits for administrative staff personnel, office supplies, photocopying and printing, and mail and accounting services. (Amended by Stats. 1990, Ch. 19, Sec. 16. Effective March 13, 1990.)
  155. 34077.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.6. NATURAL DISASTERS [34050 - 34086] ( Part 1.6 added by Stats. 1989, 1st Ex. Sess., Ch. 6, Sec. 3. ) ## CHAPTER 2. Natural Disaster Emergency Shelter Program [34070 - 34082] ( Chapter 2 added by Stats. 1989, 1st Ex. Sess., Ch. 6, Sec. 3. )

    Verify source ↗

    Eligible recipients may charge limited rent for transitional housing, must keep shelter proceeds in a separate account for certain security deposits, and must not deny shelter because someone cannot pay rent.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.6. NATURAL DISASTERS [34050 - 34086] ( Part 1.6 added by Stats. 1989, 1st Ex. Sess., Ch. 6, Sec. 3. ) ## CHAPTER 2. Natural Disaster Emergency Shelter Program [34070 - 34082] ( Chapter 2 added by Stats. 1989, 1st Ex. Sess., Ch. 6, Sec. 3. ) ## 34077. (a) For the purposes of this section, “the act” means Title IV of the Stewart B. McKinney Homeless Assistance Act, as approved on July 22, 1987, cited as Public Law 100-77 and provided for in H.R. 558, and regulations promulgated thereunder by the United States Department of Housing and Urban Development. (b) Notwithstanding any other provision of law or any guideline adopted pursuant to this chapter, an eligible recipient who receives funds pursuant to this chapter, or who has an outstanding obligation to provide shelter services as a result of previously receiving funds under the act may charge rent for transitional housing not in excess of the amount allowed by the act. However, any proceeds collected from residents of a shelter pursuant to this subdivision shall be maintained and accounted for in a separate account and shall be utilized, to the extent necessary, to pay for any security deposit imposed pursuant to Section 1950.5 of the Civil Code on any resident leaving the shelter and renting a permanent dwelling. (c) An eligible recipient who receives funds pursuant to this chapter, or who has an outstanding obligation to provide shelter services as a result of previously receiving funds pursuant to this chapter, shall not deny shelter to any person or family because of that person’s or family’s inability to pay rent or any portion thereof. (Amended by Stats. 1990, Ch. 19, Sec. 18. Effective March 13, 1990.)
  156. 34078.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.6. NATURAL DISASTERS [34050 - 34086] ( Part 1.6 added by Stats. 1989, 1st Ex. Sess., Ch. 6, Sec. 3. ) ## CHAPTER 2. Natural Disaster Emergency Shelter Program [34070 - 34082] ( Chapter 2 added by Stats. 1989, 1st Ex. Sess., Ch. 6, Sec. 3. )

    Verify source ↗

    The department must set up a program of security deposit grants and guarantees for disaster relief.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.6. NATURAL DISASTERS [34050 - 34086] ( Part 1.6 added by Stats. 1989, 1st Ex. Sess., Ch. 6, Sec. 3. ) ## CHAPTER 2. Natural Disaster Emergency Shelter Program [34070 - 34082] ( Chapter 2 added by Stats. 1989, 1st Ex. Sess., Ch. 6, Sec. 3. ) ## 34078. For the purpose of providing disaster relief to individuals and families who have been rendered homeless as a result of a natural disaster, the department shall establish a program of security deposit grants and security deposit guarantees to enable local nonprofit agencies and local government to assist homeless individuals and families in the payment of residential rental security deposits. (Added by Stats. 1989, 1st Ex. Sess., Ch. 6, Sec. 3. Effective November 7, 1989.)
  157. 34078.5.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.6. NATURAL DISASTERS [34050 - 34086] ( Part 1.6 added by Stats. 1989, 1st Ex. Sess., Ch. 6, Sec. 3. ) ## CHAPTER 2. Natural Disaster Emergency Shelter Program [34070 - 34082] ( Chapter 2 added by Stats. 1989, 1st Ex. Sess., Ch. 6, Sec. 3. )

    Verify source ↗

    The director must develop guidelines for local nonprofit agencies and local governments to use when deciding whether a homeless applicant qualifies for a security deposit grant or guarantee.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.6. NATURAL DISASTERS [34050 - 34086] ( Part 1.6 added by Stats. 1989, 1st Ex. Sess., Ch. 6, Sec. 3. ) ## CHAPTER 2. Natural Disaster Emergency Shelter Program [34070 - 34082] ( Chapter 2 added by Stats. 1989, 1st Ex. Sess., Ch. 6, Sec. 3. ) ## 34078.5. The director shall develop guidelines for use by local nonprofit agencies and local governments in determining whether a homeless applicant qualifies for a security deposit grant or a security deposit guarantee. (Added by Stats. 1989, 1st Ex. Sess., Ch. 6, Sec. 3. Effective November 7, 1989.)
  158. 34079.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.6. NATURAL DISASTERS [34050 - 34086] ( Part 1.6 added by Stats. 1989, 1st Ex. Sess., Ch. 6, Sec. 3. ) ## CHAPTER 2. Natural Disaster Emergency Shelter Program [34070 - 34082] ( Chapter 2 added by Stats. 1989, 1st Ex. Sess., Ch. 6, Sec. 3. )

    Verify source ↗

    Eligibility for the deposit guarantee or grant contract is limited to people made homeless by the natural disaster.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.6. NATURAL DISASTERS [34050 - 34086] ( Part 1.6 added by Stats. 1989, 1st Ex. Sess., Ch. 6, Sec. 3. ) ## CHAPTER 2. Natural Disaster Emergency Shelter Program [34070 - 34082] ( Chapter 2 added by Stats. 1989, 1st Ex. Sess., Ch. 6, Sec. 3. ) ## 34079. Individuals who are eligible to participate in a deposit guarantee or grant contract shall be limited to persons who have been rendered homeless as a result of the natural disaster. First priority for assistance shall be families with minor children. (Amended by Stats. 1990, Ch. 19, Sec. 20. Effective March 13, 1990.)
  159. 34080.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.6. NATURAL DISASTERS [34050 - 34086] ( Part 1.6 added by Stats. 1989, 1st Ex. Sess., Ch. 6, Sec. 3. ) ## CHAPTER 2. Natural Disaster Emergency Shelter Program [34070 - 34082] ( Chapter 2 added by Stats. 1989, 1st Ex. Sess., Ch. 6, Sec. 3. )

    Verify source ↗

    This section sets terms for deposit guarantee or grant contracts among the local agency or organization, the tenant, and the rental property owner.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.6. NATURAL DISASTERS [34050 - 34086] ( Part 1.6 added by Stats. 1989, 1st Ex. Sess., Ch. 6, Sec. 3. ) ## CHAPTER 2. Natural Disaster Emergency Shelter Program [34070 - 34082] ( Chapter 2 added by Stats. 1989, 1st Ex. Sess., Ch. 6, Sec. 3. ) ## 34080. The parties to a deposit guarantee or grant contract shall be the local agency or organization, the tenant, and the rental property owner. The terms of the contract shall include all of the following: (a) The owner of the rental property shall agree to allow the security deposit to be paid over a specified number of months as an addition to the regular rental payment, rather than as a lump-sum payment. (b) Upon execution of the agreement, the local agency or organization shall encumber or reserve in a special fund as a guarantee of the contract, an amount equal to no less than 80 percent of the outstanding balance of the security deposit owed by the tenant to the landlord. (c) The tenant shall agree to a payment schedule of a specified number of months in which time the total amount of the required deposit shall be paid to the property owner. (d) At any time during the operation of the guarantee, the property owner shall make all claims first against amounts of the security deposit actually paid by the tenant and secondarily against the guarantee. At no time during or after the tenancy may the property owner make claims against the guarantee in excess of that amount agreed to as the guarantee. (e) If a deduction from the guarantee fund is required, it may be accomplished only to the extent permitted by the contract and in the manner provided by law, including notice to the local agency or organization. The tenant shall have no direct use of guarantee funds, including funds which may be referred to as “last month’s rent.” The department shall make available to local agencies and organizations receiving deposit guarantee or grant contracts forms deemed necessary for the contracts and the determination of eligibility. However, local agencies and organizations may develop and use their own forms as long as the forms meet the requirements of the deposit guarantee and grant program. (Amended by Stats. 1990, Ch. 19, Sec. 22. Effective March 13, 1990.)
  160. 34081.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.6. NATURAL DISASTERS [34050 - 34086] ( Part 1.6 added by Stats. 1989, 1st Ex. Sess., Ch. 6, Sec. 3. ) ## CHAPTER 2. Natural Disaster Emergency Shelter Program [34070 - 34082] ( Chapter 2 added by Stats. 1989, 1st Ex. Sess., Ch. 6, Sec. 3. )

    Verify source ↗

    A local agency or organization with a deposit guarantee and grant contract may use up to 5% of the allocation for administering and operating its program.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.6. NATURAL DISASTERS [34050 - 34086] ( Part 1.6 added by Stats. 1989, 1st Ex. Sess., Ch. 6, Sec. 3. ) ## CHAPTER 2. Natural Disaster Emergency Shelter Program [34070 - 34082] ( Chapter 2 added by Stats. 1989, 1st Ex. Sess., Ch. 6, Sec. 3. ) ## 34081. A local agency or organization receiving a deposit guarantee and grant contract may utilize up to 5 percent of the allocation for costs of administering and operating its security deposit guarantee and grant program. (Amended by Stats. 1990, Ch. 19, Sec. 24. Effective March 13, 1990.)
  161. 34082.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.6. NATURAL DISASTERS [34050 - 34086] ( Part 1.6 added by Stats. 1989, 1st Ex. Sess., Ch. 6, Sec. 3. ) ## CHAPTER 2. Natural Disaster Emergency Shelter Program [34070 - 34082] ( Chapter 2 added by Stats. 1989, 1st Ex. Sess., Ch. 6, Sec. 3. )

    Verify source ↗

    Only people made homeless by a natural disaster, and whose income is too low to join the security deposit guarantee contract, can receive this grant.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.6. NATURAL DISASTERS [34050 - 34086] ( Part 1.6 added by Stats. 1989, 1st Ex. Sess., Ch. 6, Sec. 3. ) ## CHAPTER 2. Natural Disaster Emergency Shelter Program [34070 - 34082] ( Chapter 2 added by Stats. 1989, 1st Ex. Sess., Ch. 6, Sec. 3. ) ## 34082. Individuals who are eligible to receive a security deposit grant shall be limited to persons who have been rendered homeless as a result of a natural disaster and whose income is insufficient to participate in the security deposit guarantee contract. (Added by Stats. 1989, 1st Ex. Sess., Ch. 6, Sec. 3. Effective November 7, 1989.)
  162. 34085.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.6. NATURAL DISASTERS [34050 - 34086] ( Part 1.6 added by Stats. 1989, 1st Ex. Sess., Ch. 6, Sec. 3. ) ## CHAPTER 3. Drought Housing Rental Subsidies [34085 - 34086] ( Chapter 3 added by Stats. 2014, Ch. 3, Sec. 3. )

    Verify source ↗

    The department must provide housing rental subsidies for disaster relief to certain people affected by drought-related hardship, may administer the program or use local agencies or nonprofits, and must adopt guidelines for eligibility, income limits, and subsidy amounts.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.6. NATURAL DISASTERS [34050 - 34086] ( Part 1.6 added by Stats. 1989, 1st Ex. Sess., Ch. 6, Sec. 3. ) ## CHAPTER 3. Drought Housing Rental Subsidies [34085 - 34086] ( Chapter 3 added by Stats. 2014, Ch. 3, Sec. 3. ) ## 34085. (a) The department shall provide housing rental-related subsidies for the purposes of disaster relief to persons rendered homeless or at risk of becoming homeless due to unemployment, underemployment, or other economic hardship resulting from the state of emergency proclaimed by the Governor on January 17, 2014. The housing rental-related subsidies shall provide rental assistance to individuals who are unemployed or underemployed because agricultural or other businesses are affected by the drought conditions and to other persons that have suffered economic losses due to the drought conditions. (b) The department may administer the housing rental-related subsidies or contract with qualified local government agencies or nonprofit organizations to administer the subsidies. (c) The department shall adopt guidelines establishing criteria for the subsidies, including, but not limited to, eligibility, income limits, and subsidy amounts. (Added by Stats. 2014, Ch. 3, Sec. 3. (SB 104) Effective March 1, 2014.)
  163. 34086.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.6. NATURAL DISASTERS [34050 - 34086] ( Part 1.6 added by Stats. 1989, 1st Ex. Sess., Ch. 6, Sec. 3. ) ## CHAPTER 3. Drought Housing Rental Subsidies [34085 - 34086] ( Chapter 3 added by Stats. 2014, Ch. 3, Sec. 3. )

    Verify source ↗

    Department rules, policies, or standards used to implement this chapter are exempt from the Administrative Procedure Act requirements.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.6. NATURAL DISASTERS [34050 - 34086] ( Part 1.6 added by Stats. 1989, 1st Ex. Sess., Ch. 6, Sec. 3. ) ## CHAPTER 3. Drought Housing Rental Subsidies [34085 - 34086] ( Chapter 3 added by Stats. 2014, Ch. 3, Sec. 3. ) ## 34086. Any rule, policy, or standard of general application employed by the department in implementing the provisions of this chapter shall not be subject to the requirements of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). (Added by Stats. 2014, Ch. 3, Sec. 3. (SB 104) Effective March 1, 2014.)
  164. 34100.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.7. COMMUNITY DEVELOPMENT COMMISSION [34100 - 34160] ( Part 1.7 added by Stats. 1974, Ch. 642. ) ## CHAPTER 1. Definitions [34100 - 34104] ( Chapter 1 added by Stats. 1974, Ch. 642. )

    Verify source ↗

    This section defines “community” for this chapter.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.7. COMMUNITY DEVELOPMENT COMMISSION [34100 - 34160] ( Part 1.7 added by Stats. 1974, Ch. 642. ) ## CHAPTER 1. Definitions [34100 - 34104] ( Chapter 1 added by Stats. 1974, Ch. 642. ) ## 34100. “Community” means a city, county, city and county, or Indian tribe, band or group which is incorporated or which otherwise exercises some local governmental powers. (Added by Stats. 1974, Ch. 642.)
  165. 34101.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.7. COMMUNITY DEVELOPMENT COMMISSION [34100 - 34160] ( Part 1.7 added by Stats. 1974, Ch. 642. ) ## CHAPTER 1. Definitions [34100 - 34104] ( Chapter 1 added by Stats. 1974, Ch. 642. )

    Verify source ↗

    “Commission” means a community development commission created by this part.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.7. COMMUNITY DEVELOPMENT COMMISSION [34100 - 34160] ( Part 1.7 added by Stats. 1974, Ch. 642. ) ## CHAPTER 1. Definitions [34100 - 34104] ( Chapter 1 added by Stats. 1974, Ch. 642. ) ## 34101. “Commission” means a community development commission created by this part. (Added by Stats. 1974, Ch. 642.)
  166. 34102.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.7. COMMUNITY DEVELOPMENT COMMISSION [34100 - 34160] ( Part 1.7 added by Stats. 1974, Ch. 642. ) ## CHAPTER 1. Definitions [34100 - 34104] ( Chapter 1 added by Stats. 1974, Ch. 642. )

    Verify source ↗

    This section defines “redevelopment agency” as a redevelopment agency created under the Community Redevelopment Law.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.7. COMMUNITY DEVELOPMENT COMMISSION [34100 - 34160] ( Part 1.7 added by Stats. 1974, Ch. 642. ) ## CHAPTER 1. Definitions [34100 - 34104] ( Chapter 1 added by Stats. 1974, Ch. 642. ) ## 34102. “Redevelopment agency” means a redevelopment agency created pursuant to the Community Redevelopment Law, Part 1 (commencing with Section 33000). (Added by Stats. 1974, Ch. 642.)
  167. 34103.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.7. COMMUNITY DEVELOPMENT COMMISSION [34100 - 34160] ( Part 1.7 added by Stats. 1974, Ch. 642. ) ## CHAPTER 1. Definitions [34100 - 34104] ( Chapter 1 added by Stats. 1974, Ch. 642. )

    Verify source ↗

    This section defines “housing authority” as a housing authority created under the Housing Authorities Law.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.7. COMMUNITY DEVELOPMENT COMMISSION [34100 - 34160] ( Part 1.7 added by Stats. 1974, Ch. 642. ) ## CHAPTER 1. Definitions [34100 - 34104] ( Chapter 1 added by Stats. 1974, Ch. 642. ) ## 34103. “Housing authority” means a housing authority created pursuant to the Housing Authorities Law, Chapter 1 (commencing with Section 34200) of Part 2. (Added by Stats. 1974, Ch. 642.)
  168. 34104.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.7. COMMUNITY DEVELOPMENT COMMISSION [34100 - 34160] ( Part 1.7 added by Stats. 1974, Ch. 642. ) ## CHAPTER 1. Definitions [34100 - 34104] ( Chapter 1 added by Stats. 1974, Ch. 642. )

    Verify source ↗

    “Legislative body” means the city council, board of supervisors, or another legislative body of the community.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.7. COMMUNITY DEVELOPMENT COMMISSION [34100 - 34160] ( Part 1.7 added by Stats. 1974, Ch. 642. ) ## CHAPTER 1. Definitions [34100 - 34104] ( Chapter 1 added by Stats. 1974, Ch. 642. ) ## 34104. “Legislative body” means the city council, board of supervisors, or other legislative body of the community. (Added by Stats. 1974, Ch. 642.)
  169. 34110.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.7. COMMUNITY DEVELOPMENT COMMISSION [34100 - 34160] ( Part 1.7 added by Stats. 1974, Ch. 642. ) ## CHAPTER 2. Establishment, Creation, and Suspension of Commission [34110 - 34126] ( Chapter 2 added by Stats. 1974, Ch. 642. ) ## ARTICLE 1. Declaration of Creation and Establishment [34110 - 34112] ( Article 1 added by Stats. 1974, Ch. 642. )

    Verify source ↗

    A community development commission is created and established in each community.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.7. COMMUNITY DEVELOPMENT COMMISSION [34100 - 34160] ( Part 1.7 added by Stats. 1974, Ch. 642. ) ## CHAPTER 2. Establishment, Creation, and Suspension of Commission [34110 - 34126] ( Chapter 2 added by Stats. 1974, Ch. 642. ) ## ARTICLE 1. Declaration of Creation and Establishment [34110 - 34112] ( Article 1 added by Stats. 1974, Ch. 642. ) ## 34110. There is hereby created and established in each community a public body, corporate and politic, known as the community development commission. (Added by Stats. 1974, Ch. 642.)
  170. 34111.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.7. COMMUNITY DEVELOPMENT COMMISSION [34100 - 34160] ( Part 1.7 added by Stats. 1974, Ch. 642. ) ## CHAPTER 2. Establishment, Creation, and Suspension of Commission [34110 - 34126] ( Chapter 2 added by Stats. 1974, Ch. 642. ) ## ARTICLE 1. Declaration of Creation and Establishment [34110 - 34112] ( Article 1 added by Stats. 1974, Ch. 642. )

    Verify source ↗

    Each community has a redevelopment agency and a housing authority, both described as public bodies corporate and politic.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.7. COMMUNITY DEVELOPMENT COMMISSION [34100 - 34160] ( Part 1.7 added by Stats. 1974, Ch. 642. ) ## CHAPTER 2. Establishment, Creation, and Suspension of Commission [34110 - 34126] ( Chapter 2 added by Stats. 1974, Ch. 642. ) ## ARTICLE 1. Declaration of Creation and Establishment [34110 - 34112] ( Article 1 added by Stats. 1974, Ch. 642. ) ## 34111. There is also in each community a public body, corporate and politic, known as the redevelopment agency of the community. There is also in each community a public body, corporate and politic, known as the housing authority of the community. Nothing in this part changes the existence of such entities as separate public bodies, corporate and politic. (Added by Stats. 1974, Ch. 642.)
  171. 34112.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.7. COMMUNITY DEVELOPMENT COMMISSION [34100 - 34160] ( Part 1.7 added by Stats. 1974, Ch. 642. ) ## CHAPTER 2. Establishment, Creation, and Suspension of Commission [34110 - 34126] ( Chapter 2 added by Stats. 1974, Ch. 642. ) ## ARTICLE 1. Declaration of Creation and Establishment [34110 - 34112] ( Article 1 added by Stats. 1974, Ch. 642. )

    Verify source ↗

    The commission is created and established to let a community operate and govern redevelopment and housing functions through a single entity and board.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.7. COMMUNITY DEVELOPMENT COMMISSION [34100 - 34160] ( Part 1.7 added by Stats. 1974, Ch. 642. ) ## CHAPTER 2. Establishment, Creation, and Suspension of Commission [34110 - 34126] ( Chapter 2 added by Stats. 1974, Ch. 642. ) ## ARTICLE 1. Declaration of Creation and Establishment [34110 - 34112] ( Article 1 added by Stats. 1974, Ch. 642. ) ## 34112. The commission is created and established in order that a community may have the option of operating and governing its redevelopment agency, or its redevelopment agency and its housing authority, under a single operating entity and board. The commission is also created and established for the purpose of exercising any other powers regarding community development which the legislative body of a community may desire to delegate to the commission subject to such conditions as may be imposed by the legislative body. (Amended by Stats. 1977, Ch. 277.)
  172. 34115.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.7. COMMUNITY DEVELOPMENT COMMISSION [34100 - 34160] ( Part 1.7 added by Stats. 1974, Ch. 642. ) ## CHAPTER 2. Establishment, Creation, and Suspension of Commission [34110 - 34126] ( Chapter 2 added by Stats. 1974, Ch. 642. ) ## ARTICLE 2. Procedures Making Commission Operative [34115 - 34118] ( Article 2 added by Stats. 1974, Ch. 642. )

    Verify source ↗

    A commission cannot do business or use its powers under this part unless the legislative body first adopts an ordinance finding that a commission is needed in the community.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.7. COMMUNITY DEVELOPMENT COMMISSION [34100 - 34160] ( Part 1.7 added by Stats. 1974, Ch. 642. ) ## CHAPTER 2. Establishment, Creation, and Suspension of Commission [34110 - 34126] ( Chapter 2 added by Stats. 1974, Ch. 642. ) ## ARTICLE 2. Procedures Making Commission Operative [34115 - 34118] ( Article 2 added by Stats. 1974, Ch. 642. ) ## 34115. A commission may not transact any business or exercise any powers under this part unless, by ordinance, the legislative body declares that there is need for a commission to function in the community. The ordinance of the legislative body declaring that there is need for a commission to function in the community shall be subject to referendum as prescribed by law for a county or a city ordinance. (Added by Stats. 1974, Ch. 642.)
  173. 34115.5.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.7. COMMUNITY DEVELOPMENT COMMISSION [34100 - 34160] ( Part 1.7 added by Stats. 1974, Ch. 642. ) ## CHAPTER 2. Establishment, Creation, and Suspension of Commission [34110 - 34126] ( Chapter 2 added by Stats. 1974, Ch. 642. ) ## ARTICLE 2. Procedures Making Commission Operative [34115 - 34118] ( Article 2 added by Stats. 1974, Ch. 642. )

    Verify source ↗

    A legislative body’s ordinance may limit a commission to working only with a redevelopment agency, or with both a redevelopment agency and a housing authority.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.7. COMMUNITY DEVELOPMENT COMMISSION [34100 - 34160] ( Part 1.7 added by Stats. 1974, Ch. 642. ) ## CHAPTER 2. Establishment, Creation, and Suspension of Commission [34110 - 34126] ( Chapter 2 added by Stats. 1974, Ch. 642. ) ## ARTICLE 2. Procedures Making Commission Operative [34115 - 34118] ( Article 2 added by Stats. 1974, Ch. 642. ) ## 34115.5. The ordinance of the legislative body declaring a need for a commission to function in the community may declare a need that the commission function only with respect to a redevelopment agency or that the commission function with respect to a redevelopment agency and a housing authority. If the ordinance declares a need that the commission function only with respect to a redevelopment agency, then the commission shall not have the powers, duties, and responsibilities of a housing authority and the provisions requiring that two of the commissioners be tenants of the housing authority shall be inapplicable. (Added by Stats. 1977, Ch. 277.)
  174. 34116.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.7. COMMUNITY DEVELOPMENT COMMISSION [34100 - 34160] ( Part 1.7 added by Stats. 1974, Ch. 642. ) ## CHAPTER 2. Establishment, Creation, and Suspension of Commission [34110 - 34126] ( Chapter 2 added by Stats. 1974, Ch. 642. ) ## ARTICLE 2. Procedures Making Commission Operative [34115 - 34118] ( Article 2 added by Stats. 1974, Ch. 642. )

    Verify source ↗

    The commission must file a certified copy of the ordinance with the Department of Housing and Community Development.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.7. COMMUNITY DEVELOPMENT COMMISSION [34100 - 34160] ( Part 1.7 added by Stats. 1974, Ch. 642. ) ## CHAPTER 2. Establishment, Creation, and Suspension of Commission [34110 - 34126] ( Chapter 2 added by Stats. 1974, Ch. 642. ) ## ARTICLE 2. Procedures Making Commission Operative [34115 - 34118] ( Article 2 added by Stats. 1974, Ch. 642. ) ## 34116. The commission shall cause a certified copy of the ordinance to be filed with the Department of Housing and Community Development. (Amended by Stats. 1998, Ch. 829, Sec. 44. Effective January 1, 1999.)
  175. 34117.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.7. COMMUNITY DEVELOPMENT COMMISSION [34100 - 34160] ( Part 1.7 added by Stats. 1974, Ch. 642. ) ## CHAPTER 2. Establishment, Creation, and Suspension of Commission [34110 - 34126] ( Chapter 2 added by Stats. 1974, Ch. 642. ) ## ARTICLE 2. Procedures Making Commission Operative [34115 - 34118] ( Article 2 added by Stats. 1974, Ch. 642. )

    Verify source ↗

    If the required ordinance is filed with both the Secretary of State and the Department of Housing and Community Development, the commission is treated as established and authorized to do business and exercise its powers.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.7. COMMUNITY DEVELOPMENT COMMISSION [34100 - 34160] ( Part 1.7 added by Stats. 1974, Ch. 642. ) ## CHAPTER 2. Establishment, Creation, and Suspension of Commission [34110 - 34126] ( Chapter 2 added by Stats. 1974, Ch. 642. ) ## ARTICLE 2. Procedures Making Commission Operative [34115 - 34118] ( Article 2 added by Stats. 1974, Ch. 642. ) ## 34117. In any proceeding involving the validity or enforcement of, or relating to, any contract by a commission, the commission is conclusively deemed to have been established and authorized to transact business and exercise its powers upon proof of the filing with the Secretary of State and with the Department of Housing and Community Development of such an ordinance. (Added by Stats. 1974, Ch. 642.)
  176. 34118.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.7. COMMUNITY DEVELOPMENT COMMISSION [34100 - 34160] ( Part 1.7 added by Stats. 1974, Ch. 642. ) ## CHAPTER 2. Establishment, Creation, and Suspension of Commission [34110 - 34126] ( Chapter 2 added by Stats. 1974, Ch. 642. ) ## ARTICLE 2. Procedures Making Commission Operative [34115 - 34118] ( Article 2 added by Stats. 1974, Ch. 642. )

    Verify source ↗

    A commission established before January 1, 1978, cannot be given housing-authority powers or run the housing authority unless one of the stated conditions is met.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.7. COMMUNITY DEVELOPMENT COMMISSION [34100 - 34160] ( Part 1.7 added by Stats. 1974, Ch. 642. ) ## CHAPTER 2. Establishment, Creation, and Suspension of Commission [34110 - 34126] ( Chapter 2 added by Stats. 1974, Ch. 642. ) ## ARTICLE 2. Procedures Making Commission Operative [34115 - 34118] ( Article 2 added by Stats. 1974, Ch. 642. ) ## 34118. Notwithstanding Section 34140 or any other provision of this part, a commission established prior to January 1, 1978, shall not be vested with the powers, duties, and responsibilities of the commissioners of the housing authority, nor shall the commission operate and govern the housing authority, unless: (a) The ordinance adopted by the legislative body declaring a need for the commission to function in the community declares, or is subsequently amended to declare, that the commission shall be vested with the rights, powers, duties, and responsibilities of the commissioners of the housing authority; or (b) Prior to the effective date of this section, the commission has assumed and exercised the rights, powers, duties, and responsibilities of the commissioners of the housing authority. (Added by Stats. 1977, Ch. 953.)
  177. 34120.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.7. COMMUNITY DEVELOPMENT COMMISSION [34100 - 34160] ( Part 1.7 added by Stats. 1974, Ch. 642. ) ## CHAPTER 2. Establishment, Creation, and Suspension of Commission [34110 - 34126] ( Chapter 2 added by Stats. 1974, Ch. 642. ) ## ARTICLE 3. Legislative Body as Commission [34120 - 34121] ( Article 3 added by Stats. 1974, Ch. 642. )

    Verify source ↗

    The legislative body may declare itself to be the commission, and if it does, it takes on the commission’s rights and powers subject to this part’s exceptions.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.7. COMMUNITY DEVELOPMENT COMMISSION [34100 - 34160] ( Part 1.7 added by Stats. 1974, Ch. 642. ) ## CHAPTER 2. Establishment, Creation, and Suspension of Commission [34110 - 34126] ( Chapter 2 added by Stats. 1974, Ch. 642. ) ## ARTICLE 3. Legislative Body as Commission [34120 - 34121] ( Article 3 added by Stats. 1974, Ch. 642. ) ## 34120. (a) The legislative body may, at the time of the adoption of an ordinance declaring that there is a need for a commission to function in the community or at any time thereafter, by adoption of an ordinance, declare itself to be the commission, in which case all of the rights, powers, duties, privileges, and immunities vested by this part in a commission, except as otherwise provided in this part, shall be vested in the legislative body of the community. However, in any community in San Bernardino County that is a charter city, the adoption of any order or resolution by the legislative body acting as the commission shall be governed by the same procedures as are set forth in the provisions of the charter, and the mayor shall be chairperson of the commission, having the same power and authority in the conduct of the commission and the meetings of the legislative body acting as the commission that the mayor has in the conduct of the affairs of the city. (b) If the legislative body has declared itself to be the commission, the legislative body shall appoint two additional commissioners who are tenants of the housing authority if the housing authority has tenants. One tenant commissioner shall be over 62 years of age if the housing authority has tenants of that age. If the housing authority does not have tenants, the legislative body shall, by ordinance, provide for the appointment to the commission of two tenants of the housing authority, one of whom shall be over 62 years of age if the housing authority has tenants of that age, within one year after the housing authority first has tenants. The term of any tenant appointed pursuant to this subdivision shall be two years from the date of appointment. If a tenant commissioner ceases to be a tenant of the housing authority, he or she shall be disqualified from serving as a commissioner and another tenant of the housing authority shall be appointed to the remainder of the unexpired term. A tenant commissioner shall have all the powers, duties, privileges, and immunities of any other commissioner. (c) As an alternative to the appointment of tenants of the housing authority as commissioners pursuant to subdivision (b), if a community development committee is created as provided in Section 34120.5, the governing body may make tenant appointments pursuant to subdivision (b) to the committee, rather than to the commission. (Amended by Stats. 1997, Ch. 17, Sec. 80. Effective January 1, 1998.)
  178. 34120.5.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.7. COMMUNITY DEVELOPMENT COMMISSION [34100 - 34160] ( Part 1.7 added by Stats. 1974, Ch. 642. ) ## CHAPTER 2. Establishment, Creation, and Suspension of Commission [34110 - 34126] ( Chapter 2 added by Stats. 1974, Ch. 642. ) ## ARTICLE 3. Legislative Body as Commission [34120 - 34121] ( Article 3 added by Stats. 1974, Ch. 642. )

    Verify source ↗

    A qualifying legislative body may create a community development committee by ordinance, and if created the committee must review and recommend on matters before the commission, subject to stated exceptions.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.7. COMMUNITY DEVELOPMENT COMMISSION [34100 - 34160] ( Part 1.7 added by Stats. 1974, Ch. 642. ) ## CHAPTER 2. Establishment, Creation, and Suspension of Commission [34110 - 34126] ( Chapter 2 added by Stats. 1974, Ch. 642. ) ## ARTICLE 3. Legislative Body as Commission [34120 - 34121] ( Article 3 added by Stats. 1974, Ch. 642. ) ## 34120.5. (a) A legislative body in a community other than the County of Los Angeles which has declared itself to be the commission pursuant to Section 34120 may, by ordinance, create a community development committee of not more than seven members, or not more than nine members if tenant appointments are made pursuant to Section 34120. The terms of office, qualifications, and method of appointment and removal shall be as provided by ordinance. (b) In the County of Los Angeles, a community development committee created pursuant to this section may consist of not more than 9 members, or not more than 11 members if tenant appointments are made pursuant to Section 34120. The terms of office, qualifications, and method of appointment and removal shall be as provided by ordinance. (c) If a community development committee is created, its function shall be to review and make recommendations on all matters to come before the commission prior to commission action, except emergency matters, and matters which the committee, by resolution, excludes from committee review and recommendation. The legislative body may provide for procedures for review and recommendation, and for further functions of the committee, by ordinance or resolution, and may delegate any of its functions as the community development commission to the committee. (Amended by Stats. 2020, Ch. 165, Sec. 11. (SB 1030) Effective September 25, 2020.)
  179. 34121.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.7. COMMUNITY DEVELOPMENT COMMISSION [34100 - 34160] ( Part 1.7 added by Stats. 1974, Ch. 642. ) ## CHAPTER 2. Establishment, Creation, and Suspension of Commission [34110 - 34126] ( Chapter 2 added by Stats. 1974, Ch. 642. ) ## ARTICLE 3. Legislative Body as Commission [34120 - 34121] ( Article 3 added by Stats. 1974, Ch. 642. )

    Verify source ↗

    A legislative body that has made itself the commission may later end that role by resolution. If it does, the mayor, board chair, or similar official, with the legislative body's approval, must appoint community resident electors as commission members, including two tenant commissioners.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.7. COMMUNITY DEVELOPMENT COMMISSION [34100 - 34160] ( Part 1.7 added by Stats. 1974, Ch. 642. ) ## CHAPTER 2. Establishment, Creation, and Suspension of Commission [34110 - 34126] ( Chapter 2 added by Stats. 1974, Ch. 642. ) ## ARTICLE 3. Legislative Body as Commission [34120 - 34121] ( Article 3 added by Stats. 1974, Ch. 642. ) ## 34121. A legislative body which has declared itself to be the commission pursuant to Section 34120 may at any time by resolution determine that it shall no longer function as the commission, in which event, the mayor or chairman of the board of supervisors or similar official, with the approval of the legislative body, shall appoint resident electors of the community as members of the commission, including two tenant commissioners as provided in Section 34130. (Amended by Stats. 1975, Ch. 611.)
  180. 34125.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.7. COMMUNITY DEVELOPMENT COMMISSION [34100 - 34160] ( Part 1.7 added by Stats. 1974, Ch. 642. ) ## CHAPTER 2. Establishment, Creation, and Suspension of Commission [34110 - 34126] ( Chapter 2 added by Stats. 1974, Ch. 642. ) ## ARTICLE 4. Suspension of Commission [34125 - 34126] ( Article 4 added by Stats. 1974, Ch. 642. )

    Verify source ↗

    The legislative body may, by ordinance, declare that the commission is no longer needed. If it does, the commissioners’ offices are vacated and the commission’s power to do business is suspended until a later ordinance says the commission should function again.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.7. COMMUNITY DEVELOPMENT COMMISSION [34100 - 34160] ( Part 1.7 added by Stats. 1974, Ch. 642. ) ## CHAPTER 2. Establishment, Creation, and Suspension of Commission [34110 - 34126] ( Chapter 2 added by Stats. 1974, Ch. 642. ) ## ARTICLE 4. Suspension of Commission [34125 - 34126] ( Article 4 added by Stats. 1974, Ch. 642. ) ## 34125. The legislative body of the community may by ordinance declare that there is no further need for the commission. Upon adoption of the ordinance the offices of the commissioners are vacated and the capacity of the commission to transact business or exercise any powers is suspended until the legislative body subsequently adopts an ordinance declaring the need for the commission to function. If the commission has outstanding bonded indebtedness issued in the name of the commission, the legislative body of the community may adopt an ordinance declaring there is no further need for the commission only if the unanimous consent of the commissioners is first obtained. (Added by Stats. 1974, Ch. 642.)
  181. 34126.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.7. COMMUNITY DEVELOPMENT COMMISSION [34100 - 34160] ( Part 1.7 added by Stats. 1974, Ch. 642. ) ## CHAPTER 2. Establishment, Creation, and Suspension of Commission [34110 - 34126] ( Chapter 2 added by Stats. 1974, Ch. 642. ) ## ARTICLE 4. Suspension of Commission [34125 - 34126] ( Article 4 added by Stats. 1974, Ch. 642. )

    Verify source ↗

    If a community suspends a commission by ordinance, the community’s legislative body must file a certified copy of that ordinance with the Secretary of State and the Department of Housing and Community Development.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.7. COMMUNITY DEVELOPMENT COMMISSION [34100 - 34160] ( Part 1.7 added by Stats. 1974, Ch. 642. ) ## CHAPTER 2. Establishment, Creation, and Suspension of Commission [34110 - 34126] ( Chapter 2 added by Stats. 1974, Ch. 642. ) ## ARTICLE 4. Suspension of Commission [34125 - 34126] ( Article 4 added by Stats. 1974, Ch. 642. ) ## 34126. The legislative body of the community shall file with the Secretary of State and with the Department of Housing and Community Development a certified copy of any ordinance suspending a commission. (Added by Stats. 1974, Ch. 642.)
  182. 34130.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.7. COMMUNITY DEVELOPMENT COMMISSION [34100 - 34160] ( Part 1.7 added by Stats. 1974, Ch. 642. ) ## CHAPTER 3. Appointment, Compensation, and Removal of Commissioners [34130 - 34131] ( Chapter 3 added by Stats. 1974, Ch. 642. )

    Verify source ↗

    This section sets how community development commissioners are appointed, who must serve, and when their powers and terms apply.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.7. COMMUNITY DEVELOPMENT COMMISSION [34100 - 34160] ( Part 1.7 added by Stats. 1974, Ch. 642. ) ## CHAPTER 3. Appointment, Compensation, and Removal of Commissioners [34130 - 34131] ( Chapter 3 added by Stats. 1974, Ch. 642. ) ## 34130. (a) When the legislative body adopts an ordinance declaring the need for a commission, the mayor or chairman of the board of supervisors or similar official, with the approval of the legislative body, shall appoint the number of resident electors of the community as commissioners as the legislative body prescribe by ordinance. The legislative body by ordinance may increase or decrease the number of commissioners. The legislative body, except as otherwise expressly provided in subdivision (b), shall establish and provide for the terms, and removal of the commissioners. The legislative body shall provide procedures for appointment or election of the officers of the commission. (b) Two of the commissioners shall be tenants of the housing authority if the housing authority has tenants. One such tenant commissioner shall be over the age of 62 years if the housing authority has tenants of such age. If the housing authority does not have tenants, the legislative body shall, by ordinance, provide for appointment to the commission of two tenants of the housing authority within one year after the housing authority first does have tenants. The term of any tenant commissioner appointed pursuant to this subdivision shall be two years from the date of appointment. If a tenant commissioner ceases to be a tenant of the housing authority, he shall be disqualified from serving as a commissioner and another tenant of the housing authority shall be appointed to serve the remainder of the unexpired term. A tenant commissioner shall have all the powers, duties, privileges, and immunities of any other commissioner. (c) Upon the appointment and qualification of a majority of the commissioners, the commission shall be vested with all the powers, duties, and responsibilities of the members of the redevelopment agency and, if the legislative body so elects, the commissioners of the housing authority. Members of the redevelopment agency and commissioners of a housing authority which has been placed under the jurisdiction of the commission shall have no powers, duties, and responsibilities as long as the commission functions. (Amended by Stats. 2005, Ch. 178, Sec. 2. Effective January 1, 2006.)
  183. 34130.5.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.7. COMMUNITY DEVELOPMENT COMMISSION [34100 - 34160] ( Part 1.7 added by Stats. 1974, Ch. 642. ) ## CHAPTER 3. Appointment, Compensation, and Removal of Commissioners [34130 - 34131] ( Chapter 3 added by Stats. 1974, Ch. 642. )

    Verify source ↗

    Commissioners must be reimbursed for actual and necessary expenses, and the legislative body may set additional compensation within stated caps.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.7. COMMUNITY DEVELOPMENT COMMISSION [34100 - 34160] ( Part 1.7 added by Stats. 1974, Ch. 642. ) ## CHAPTER 3. Appointment, Compensation, and Removal of Commissioners [34130 - 34131] ( Chapter 3 added by Stats. 1974, Ch. 642. ) ## 34130.5. (a) Commissioners shall receive their actual and necessary expenses, including traveling expenses incurred in the discharge of their duties. The legislative body may also provide for other compensation pursuant to either subdivision (b) or (c). (b) If the ordinance of the legislative body declaring the need for a commission to function within the community declares that need only with respect to a redevelopment agency, the compensation provided by the legislative body shall not exceed seventy-five dollars ($75) for each commissioner for each meeting of the commission attended by that commissioner. No commissioner shall receive compensation for attending more than two meetings of the commission in any calendar month. (c) If the ordinance of the legislative body declaring the need for a commission to function within the community declares that need with respect to a redevelopment agency and a housing authority, the compensation provided by the legislative body shall not exceed one hundred fifty dollars ($150) for each commissioner for each meeting of the commission attended by that commissioner. No commissioner shall receive compensation for attending more than two meetings of the commission in any calendar month. (Added by Stats. 2005, Ch. 178, Sec. 3. Effective January 1, 2006.)
  184. 34131.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.7. COMMUNITY DEVELOPMENT COMMISSION [34100 - 34160] ( Part 1.7 added by Stats. 1974, Ch. 642. ) ## CHAPTER 3. Appointment, Compensation, and Removal of Commissioners [34130 - 34131] ( Chapter 3 added by Stats. 1974, Ch. 642. )

    Verify source ↗

    A commissioner generally may not be an elective officer or an employee of the community, unless the legislative body is the commission.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.7. COMMUNITY DEVELOPMENT COMMISSION [34100 - 34160] ( Part 1.7 added by Stats. 1974, Ch. 642. ) ## CHAPTER 3. Appointment, Compensation, and Removal of Commissioners [34130 - 34131] ( Chapter 3 added by Stats. 1974, Ch. 642. ) ## 34131. A commissioner, unless the legislative body is the commission, may not be an elective officer or an employee of the community, but may be a member, commissioner, or employee of any other agency or authority in the community. (Added by Stats. 1974, Ch. 642.)
  185. 34140.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.7. COMMUNITY DEVELOPMENT COMMISSION [34100 - 34160] ( Part 1.7 added by Stats. 1974, Ch. 642. ) ## CHAPTER 4. Nature, Jurisdiction, and General Powers of Commission [34140 - 34152] ( Chapter 4 added by Stats. 1974, Ch. 642. )

    Verify source ↗

    The commissioners in office hold the commission’s, redevelopment agency’s, and housing authority’s powers, duties, and responsibilities. Each commission also exercises governmental functions and has the powers given in this part.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.7. COMMUNITY DEVELOPMENT COMMISSION [34100 - 34160] ( Part 1.7 added by Stats. 1974, Ch. 642. ) ## CHAPTER 4. Nature, Jurisdiction, and General Powers of Commission [34140 - 34152] ( Chapter 4 added by Stats. 1974, Ch. 642. ) ## 34140. The powers duties, and responsibilities of the commission, the redevelopment agency, and the housing authority are vested in the commissioners in office. Each commission exercises governmental functions and has the powers prescribed in this part. Each commission is performing a public function of the community. (Added by Stats. 1974, Ch. 642.)
  186. 34141.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.7. COMMUNITY DEVELOPMENT COMMISSION [34100 - 34160] ( Part 1.7 added by Stats. 1974, Ch. 642. ) ## CHAPTER 4. Nature, Jurisdiction, and General Powers of Commission [34140 - 34152] ( Chapter 4 added by Stats. 1974, Ch. 642. )

    Verify source ↗

    The commission has powers and jurisdiction similar to redevelopment agencies and housing authorities, and it can also receive community development powers delegated by the legislative body, subject to any conditions imposed.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.7. COMMUNITY DEVELOPMENT COMMISSION [34100 - 34160] ( Part 1.7 added by Stats. 1974, Ch. 642. ) ## CHAPTER 4. Nature, Jurisdiction, and General Powers of Commission [34140 - 34152] ( Chapter 4 added by Stats. 1974, Ch. 642. ) ## 34141. The nature, power, authority, functions and jurisdiction of the commission include, but are not limited to, all of the nature, power, authority, functions, and jurisdiction of redevelopment agencies and housing authorities. The commission also has the nature, power, authority, functions, and jurisdiction relating to community development as may be delegated to the commission by the legislative body, subject to such conditions as may be imposed by the legislative body. (Added by Stats. 1974, Ch. 642.)
  187. 34143.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.7. COMMUNITY DEVELOPMENT COMMISSION [34100 - 34160] ( Part 1.7 added by Stats. 1974, Ch. 642. ) ## CHAPTER 4. Nature, Jurisdiction, and General Powers of Commission [34140 - 34152] ( Chapter 4 added by Stats. 1974, Ch. 642. )

    Verify source ↗

    The commission may sue and be sued, use a seal, make and execute needed contracts and instruments, and make, amend, or repeal bylaws and regulations within the limits stated.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.7. COMMUNITY DEVELOPMENT COMMISSION [34100 - 34160] ( Part 1.7 added by Stats. 1974, Ch. 642. ) ## CHAPTER 4. Nature, Jurisdiction, and General Powers of Commission [34140 - 34152] ( Chapter 4 added by Stats. 1974, Ch. 642. ) ## 34143. A commission may: (a) Sue and be sued. (b) Have a seal. (c) Make and execute contracts and other instruments necessary or convenient to the exercise of its powers. (d) Make, amend, and repeal bylaws and regulations not inconsistent with, and to carry into effect the powers and purposes of this part and all other powers and purposes delegated to them by the legislative body. (Added by Stats. 1974, Ch. 642.)
  188. 34144.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.7. COMMUNITY DEVELOPMENT COMMISSION [34100 - 34160] ( Part 1.7 added by Stats. 1974, Ch. 642. ) ## CHAPTER 4. Nature, Jurisdiction, and General Powers of Commission [34140 - 34152] ( Chapter 4 added by Stats. 1974, Ch. 642. )

    Verify source ↗

    The commission may hire staff and contract for staff services, and it must adopt personnel rules for all employees.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.7. COMMUNITY DEVELOPMENT COMMISSION [34100 - 34160] ( Part 1.7 added by Stats. 1974, Ch. 642. ) ## CHAPTER 4. Nature, Jurisdiction, and General Powers of Commission [34140 - 34152] ( Chapter 4 added by Stats. 1974, Ch. 642. ) ## 34144. (a) A commission may select, appoint, and employ such permanent and temporary officers, agents, counsel, and employees as it requires, and determine their qualifications, duties, benefits, and compensation, subject only to the conditions and restrictions imposed by the legislative body on the expenditure or encumbrance of the budgetary funds appropriated to the commission. The commission shall adopt personnel rules and regulations applicable to all its employees. Such rules shall contain procedures affecting conflicts of interest, use of funds, personnel procedures on hiring and firing including removal of personnel for inefficiency, neglect of duties, or misconduct in office. Such rules and regulations shall be a public record. (b) A commission may contract with the Department of Housing and Community Development or any other agency or entity for the furnishing by the department, agency, or entity of any necessary staff services associated with or required and which could be performed by the staff of a commission. (Added by Stats. 1974, Ch. 642.)
  189. 34145.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.7. COMMUNITY DEVELOPMENT COMMISSION [34100 - 34160] ( Part 1.7 added by Stats. 1974, Ch. 642. ) ## CHAPTER 4. Nature, Jurisdiction, and General Powers of Commission [34140 - 34152] ( Chapter 4 added by Stats. 1974, Ch. 642. )

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    The commission may hire, employ, contract for, or use staff, contractors, and consultants.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.7. COMMUNITY DEVELOPMENT COMMISSION [34100 - 34160] ( Part 1.7 added by Stats. 1974, Ch. 642. ) ## CHAPTER 4. Nature, Jurisdiction, and General Powers of Commission [34140 - 34152] ( Chapter 4 added by Stats. 1974, Ch. 642. ) ## 34145. In addition to all other powers and authorities of the commission, the commission may hire, employ, or contract for staff, contractors, and consultants, or the commission may use community staff, contractors or consultants under contract or other arrangements with the community at the expense of the commission, the community, the redevelopment agency, or the housing authority. (Added by Stats. 1974, Ch. 642.)
  190. 34146.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.7. COMMUNITY DEVELOPMENT COMMISSION [34100 - 34160] ( Part 1.7 added by Stats. 1974, Ch. 642. ) ## CHAPTER 4. Nature, Jurisdiction, and General Powers of Commission [34140 - 34152] ( Chapter 4 added by Stats. 1974, Ch. 642. )

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    Money grants or loans to the commission do not make it a community department or put its officers, agents, counsel, or employees under the community civil service system.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.7. COMMUNITY DEVELOPMENT COMMISSION [34100 - 34160] ( Part 1.7 added by Stats. 1974, Ch. 642. ) ## CHAPTER 4. Nature, Jurisdiction, and General Powers of Commission [34140 - 34152] ( Chapter 4 added by Stats. 1974, Ch. 642. ) ## 34146. Any grants or loans of money appropriated by the legislative body of the community to the commission is not to be construed as making the commission a department of the community or placing the officers, agents, counsel, and employees under civil service of the community. (Added by Stats. 1974, Ch. 642.)
  191. 34147.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.7. COMMUNITY DEVELOPMENT COMMISSION [34100 - 34160] ( Part 1.7 added by Stats. 1974, Ch. 642. ) ## CHAPTER 4. Nature, Jurisdiction, and General Powers of Commission [34140 - 34152] ( Chapter 4 added by Stats. 1974, Ch. 642. )

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    The commission may accept financial assistance from public or private sources for this part.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.7. COMMUNITY DEVELOPMENT COMMISSION [34100 - 34160] ( Part 1.7 added by Stats. 1974, Ch. 642. ) ## CHAPTER 4. Nature, Jurisdiction, and General Powers of Commission [34140 - 34152] ( Chapter 4 added by Stats. 1974, Ch. 642. ) ## 34147. The commission may accept financial assistance from public or private sources for the purposes of this part. (Added by Stats. 1974, Ch. 642.)
  192. 34148.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.7. COMMUNITY DEVELOPMENT COMMISSION [34100 - 34160] ( Part 1.7 added by Stats. 1974, Ch. 642. ) ## CHAPTER 4. Nature, Jurisdiction, and General Powers of Commission [34140 - 34152] ( Chapter 4 added by Stats. 1974, Ch. 642. )

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    The commission may accept assistance from state, federal, public, or private sources for its activities, powers, and duties.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.7. COMMUNITY DEVELOPMENT COMMISSION [34100 - 34160] ( Part 1.7 added by Stats. 1974, Ch. 642. ) ## CHAPTER 4. Nature, Jurisdiction, and General Powers of Commission [34140 - 34152] ( Chapter 4 added by Stats. 1974, Ch. 642. ) ## 34148. The commission may accept any other assistance from the state or federal government or any public or private source for any of the commission’s activities, powers, and duties. (Added by Stats. 1974, Ch. 642.)
  193. 34149.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.7. COMMUNITY DEVELOPMENT COMMISSION [34100 - 34160] ( Part 1.7 added by Stats. 1974, Ch. 642. ) ## CHAPTER 4. Nature, Jurisdiction, and General Powers of Commission [34140 - 34152] ( Chapter 4 added by Stats. 1974, Ch. 642. )

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    The commission may have additional powers if the community’s legislative body authorizes them.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.7. COMMUNITY DEVELOPMENT COMMISSION [34100 - 34160] ( Part 1.7 added by Stats. 1974, Ch. 642. ) ## CHAPTER 4. Nature, Jurisdiction, and General Powers of Commission [34140 - 34152] ( Chapter 4 added by Stats. 1974, Ch. 642. ) ## 34149. The commission shall have such other powers as may be authorized by the legislative body of the community. (Added by Stats. 1974, Ch. 642.)
  194. 34150.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.7. COMMUNITY DEVELOPMENT COMMISSION [34100 - 34160] ( Part 1.7 added by Stats. 1974, Ch. 642. ) ## CHAPTER 4. Nature, Jurisdiction, and General Powers of Commission [34140 - 34152] ( Chapter 4 added by Stats. 1974, Ch. 642. )

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    The community’s legislative body, and the commission itself, may delegate the commission’s powers and authority to certain administrators for managing commission-related activities.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.7. COMMUNITY DEVELOPMENT COMMISSION [34100 - 34160] ( Part 1.7 added by Stats. 1974, Ch. 642. ) ## CHAPTER 4. Nature, Jurisdiction, and General Powers of Commission [34140 - 34152] ( Chapter 4 added by Stats. 1974, Ch. 642. ) ## 34150. The legislative body of the community may delegate to or establish in a general manager, executive director, or administrator of the community or of the commission any or all of the power and authority of the commission for the administration of the activities of the commission, the redevelopment agency, or the housing authority. The commission may also delegate and establish any or all of the power and authority of the commission in a general manager, executive director, or administrator of the community or commission. (Added by Stats. 1974, Ch. 642.)
  195. 34151.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.7. COMMUNITY DEVELOPMENT COMMISSION [34100 - 34160] ( Part 1.7 added by Stats. 1974, Ch. 642. ) ## CHAPTER 4. Nature, Jurisdiction, and General Powers of Commission [34140 - 34152] ( Chapter 4 added by Stats. 1974, Ch. 642. )

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    A chartered city may make its own procedural ordinance and use the powers granted by this part.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.7. COMMUNITY DEVELOPMENT COMMISSION [34100 - 34160] ( Part 1.7 added by Stats. 1974, Ch. 642. ) ## CHAPTER 4. Nature, Jurisdiction, and General Powers of Commission [34140 - 34152] ( Chapter 4 added by Stats. 1974, Ch. 642. ) ## 34151. A chartered city may enact its own procedural ordinance and exercise powers granted by this part. (Added by Stats. 1974, Ch. 642.)
  196. 34152.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.7. COMMUNITY DEVELOPMENT COMMISSION [34100 - 34160] ( Part 1.7 added by Stats. 1974, Ch. 642. ) ## CHAPTER 4. Nature, Jurisdiction, and General Powers of Commission [34140 - 34152] ( Chapter 4 added by Stats. 1974, Ch. 642. )

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    A commission may delegate its powers or functions to a community, and the community may carry them out for the commission.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.7. COMMUNITY DEVELOPMENT COMMISSION [34100 - 34160] ( Part 1.7 added by Stats. 1974, Ch. 642. ) ## CHAPTER 4. Nature, Jurisdiction, and General Powers of Commission [34140 - 34152] ( Chapter 4 added by Stats. 1974, Ch. 642. ) ## 34152. A commission is authorized to delegate to a community any of the powers or functions of the commission and such community is hereby authorized to carry out or perform such powers or functions for the commission. (Added by Stats. 1974, Ch. 642.)
  197. 34160.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.7. COMMUNITY DEVELOPMENT COMMISSION [34100 - 34160] ( Part 1.7 added by Stats. 1974, Ch. 642. ) ## CHAPTER 5. Community Redevelopment Law and Housing Authorities Law [34160- 34160.] ( Chapter 5 added by Stats. 1974, Ch. 642. )

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    Certain inconsistent provisions are inoperative when the specified commission-related conditions are met and no suspension ordinance has been adopted.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.7. COMMUNITY DEVELOPMENT COMMISSION [34100 - 34160] ( Part 1.7 added by Stats. 1974, Ch. 642. ) ## CHAPTER 5. Community Redevelopment Law and Housing Authorities Law [34160- 34160.] ( Chapter 5 added by Stats. 1974, Ch. 642. ) ## 34160. Inconsistent provisions of the Community Redevelopment Law Part 1 (commencing with Section 33000) and the Housing Authorities Law Chapter 1 (commencing with Section 34200) of Part 2 are inoperative during the time that an ordinance has been adopted declaring a need for the commission to function, the commissioners have been appointed and qualified or the legislative body has declared itself to be the commission, and no suspension ordinance has been adopted. (Added by Stats. 1974, Ch. 642.)
  198. 34161.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.8. RESTRICTIONS ON REDEVELOPMENT AGENCY OPERATIONS [34161 - 34169.5] ( Part 1.8 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 6. ) ## CHAPTER 1. Suspension of Agency Activities and Prohibition on Creation of New Debts [34161 - 34168] ( Chapter 1 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 6. )

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    An agency may not incur new or expand existing monetary or legal obligations, except as allowed by this part.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.8. RESTRICTIONS ON REDEVELOPMENT AGENCY OPERATIONS [34161 - 34169.5] ( Part 1.8 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 6. ) ## CHAPTER 1. Suspension of Agency Activities and Prohibition on Creation of New Debts [34161 - 34168] ( Chapter 1 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 6. ) ## 34161. Notwithstanding Part 1 (commencing with Section 33000), Part 1.5 (commencing with Section 34000), Part 1.6 (commencing with Section 34050), and Part 1.7 (commencing with Section 34100), or any other law, commencing on the effective date of this part, no agency shall incur new or expand existing monetary or legal obligations except as provided in this part. All of the provisions of this part shall take effect and be operative on the effective date of the act adding this part. (Added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 6. (AB 26 1x) Effective June 29, 2011.)
  199. 34162.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.8. RESTRICTIONS ON REDEVELOPMENT AGENCY OPERATIONS [34161 - 34169.5] ( Part 1.8 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 6. ) ## CHAPTER 1. Suspension of Agency Activities and Prohibition on Creation of New Debts [34161 - 34168] ( Chapter 1 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 6. )

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    An agency generally may not take on new debt, issue or sell bonds, borrow money, or pledge assets, with a narrow exception for Emergency Refunding Bonds if specific conditions are met.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.8. RESTRICTIONS ON REDEVELOPMENT AGENCY OPERATIONS [34161 - 34169.5] ( Part 1.8 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 6. ) ## CHAPTER 1. Suspension of Agency Activities and Prohibition on Creation of New Debts [34161 - 34168] ( Chapter 1 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 6. ) ## 34162. (a) Notwithstanding Part 1 (commencing with Section 33000), Part 1.5 (commencing with Section 34000), Part 1.6 (commencing with Section 34050), and Part 1.7 (commencing with Section 34100), or any other law, commencing on the effective date of this act, an agency shall be unauthorized and shall not take any action to incur indebtedness, including, but not limited to, any of the following: (1) Issue or sell bonds, for any purpose, regardless of the source of repayment of the bonds. As used in this section, the term “bonds,” includes, but is not limited to, any bonds, notes, bond anticipation notes, interim certificates, debentures, certificates of participation, refunding bonds, or other obligations issued by an agency pursuant to Part 1 (commencing with Section 33000), and Section 53583 of the Government Code, pursuant to any charter city authority or any revenue bond law. (2) Incur indebtedness payable from prohibited sources of repayment, which include, but are not limited to, income and revenues of an agency’s redevelopment projects, taxes allocated to the agency, taxes imposed by the agency pursuant to Section 7280.5 of the Revenue and Taxation Code, assessments imposed by the agency, loan repayments made to the agency pursuant to Section 33746, fees or charges imposed by the agency, other revenues of the agency, and any contributions or other financial assistance from the state or federal government. (3) Refund, restructure, or refinance indebtedness or obligations that existed as of January 1, 2011, including, but not limited to, any of the following: (A) Refund bonds previously issued by the agency or by another political subdivision of the state, including, but not limited to, those issued by a city, a housing authority, or a nonprofit corporation acting on behalf of a city or a housing authority. (B) Exercise the right of optional redemption of any of its outstanding bonds or elect to purchase any of its own outstanding bonds. (C) Modify or amend the terms and conditions, payment schedules, amortization or maturity dates of any of the agency’s bonds or other obligations that are outstanding or exist as of January 1, 2011. (4) Take out or accept loans or advances, for any purpose, from the state or the federal government, any other public agency, or any private lending institution, or from any other source. For purposes of this section, the term “loans” include, but are not limited to, agreements with the community or any other entity for the purpose of refinancing a redevelopment project and moneys advanced to the agency by the community or any other entity for the expenses of redevelopment planning, expenses for dissemination of redevelopment information, other administrative expenses, and overhead of the agency. (5) Execute trust deeds or mortgages on any real or personal property owned or acquired by it. (6) Pledge or encumber, for any purpose, any of its revenues or assets. As used in this part, an agency’s “revenues and assets” include, but are not limited to, agency tax revenues, redevelopment project revenues, other agency revenues, deeds of trust and mortgages held by the agency, rents, fees, charges, moneys, accounts receivable, contracts rights, and other rights to payment of whatever kind or other real or personal property. As used in this part, to “pledge or encumber” means to make a commitment of, by the grant of a lien on and a security interest in, an agency’s revenues or assets, whether by resolution, indenture, trust agreement, loan agreement, lease, installment sale agreement, reimbursement agreement, mortgage, deed of trust, pledge agreement, or similar agreement in which the pledge is provided for or created. (b) Any actions taken that conflict with this section are void from the outset and shall have no force or effect. (c) Notwithstanding subdivision (a), a redevelopment agency may issue refunding bonds, which are referred to in this part as Emergency Refunding Bonds, only where all of the following conditions are met: (1) The issuance of Emergency Refunding Bonds is the only means available to the agency to avoid a default on outstanding agency bonds. (2) Both the county treasurer and the Treasurer have approved the issuance of Emergency Refunding Bonds. (3) Emergency Refunding Bonds are issued only to provide funds for any single debt service payment that is due prior to October 1, 2011, and that is more than 20 percent larger than a level debt service payment would be for that bond. (4) The principal amount of outstanding agency bonds is not increased. (Added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 6. (AB 26 1x) Effective June 29, 2011.)
  200. 34163.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.8. RESTRICTIONS ON REDEVELOPMENT AGENCY OPERATIONS [34161 - 34169.5] ( Part 1.8 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 6. ) ## CHAPTER 1. Suspension of Agency Activities and Prohibition on Creation of New Debts [34161 - 34168] ( Chapter 1 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 6. )

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    This section bars an agency from making loans, entering contracts, changing existing commitments, disposing of assets, acquiring real property, transferring its powers or assets, or accepting assistance that would require new indebtedness.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1.8. RESTRICTIONS ON REDEVELOPMENT AGENCY OPERATIONS [34161 - 34169.5] ( Part 1.8 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 6. ) ## CHAPTER 1. Suspension of Agency Activities and Prohibition on Creation of New Debts [34161 - 34168] ( Chapter 1 added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 6. ) ## 34163. Notwithstanding Part 1 (commencing with Section 33000), Part 1.5 (commencing with Section 34000), Part 1.6 (commencing with Section 34050), and Part 1.7 (commencing with Section 34100), or any other law, commencing on the effective date of this part, an agency shall not have the authority to, and shall not, do any of the following: (a) Make loans or advances or grant or enter into agreements to provide funds or provide financial assistance of any sort to any entity or person for any purpose, including, but not limited to, all of the following: (1) Loans of moneys or any other thing of value or commitments to provide financing to nonprofit organizations to provide those organizations with financing for the acquisition, construction, rehabilitation, refinancing, or development of multifamily rental housing or the acquisition of commercial property for lease, each pursuant to Chapter 7.5 (commencing with Section 33741) of Part 1. (2) Loans of moneys or any other thing of value for residential construction, improvement, or rehabilitation pursuant to Chapter 8 (commencing with Section 33750) of Part 1. These include, but are not limited to, construction loans to purchasers of residential housing, mortgage loans to purchasers of residential housing, and loans to mortgage lenders, or any other entity, to aid in financing pursuant to Chapter 8 (commencing with Section 33750). (3) The purchase, by an agency, of mortgage or construction loans from mortgage lenders or from any other entities. (b) Enter into contracts with, incur obligations, or make commitments to, any entity, whether governmental, tribal, or private, or any individual or groups of individuals for any purpose, including, but not limited to, loan agreements, passthrough agreements, regulatory agreements, services contracts, leases, disposition and development agreements, joint exercise of powers agreements, contracts for the purchase of capital equipment, agreements for redevelopment activities, including, but not limited to, agreements for planning, design, redesign, development, demolition, alteration, construction, reconstruction, rehabilitation, site remediation, site development or improvement, removal of graffiti, land clearance, and seismic retrofits. (c) Amend or modify existing agreements, obligations, or commitments with any entity, for any purpose, including, but not limited to, any of the following: (1) Renewing or extending term of leases or other agreements, except that the agency may extend lease space for its own use to a date not to exceed six months after the effective date of the act adding this part and for a rate no more than 5 percent above the rate the agency currently pays on a monthly basis. (2) Modifying terms and conditions of existing agreements, obligations, or commitments. (3) Forgiving all or any part of the balance owed to the agency on existing loans or extend the term or change the terms and conditions of existing loans. (4) Making any future deposits to the Low and Moderate Income Housing Fund created pursuant to Section 33334.3. (5) Transferring funds out of the Low and Moderate Income Housing Fund, except to meet the minimum housing-related obligations that existed as of January 1, 2011, to make required payments under Sections 33690 and 33690.5, and to borrow funds pursuant to Section 34168.5. (d) Dispose of assets by sale, long-term lease, gift, grant, exchange, transfer, assignment, or otherwise, for any purpose, including, but not limited to, any of the following: (1) Assets, including, but not limited to, real property, deeds of trust, and mortgages held by the agency, moneys, accounts receivable, contract rights, proceeds of insurance claims, grant proceeds, settlement payments, rights to receive rents, and any other rights to payment of whatever kind. (2) Real property, including, but not limited to, land, land under water and waterfront property, buildings, structures, fixtures, and improvements on the land, any property appurtenant to, or used in connection with, the land, every estate, interest, privilege, easement, franchise, and right in land, including rights-of-way, terms for years, and liens, charges, or encumbrances by way of judgment, mortgage, or otherwise, and the indebtedness secured by the liens. (e) Acquire real property by any means for any purpose, including, but not limited to, the purchase, lease, or exercising of an option to purchase or lease, exchange, subdivide, transfer, assume, obtain option upon, acquire by gift, grant, bequest, devise, or otherwise acquire any real property, any interest in real property, and any improvements on it, including the repurchase of developed property previously owned by the agency and the acquisition of real property by eminent domain; provided, however, that nothing in this subdivision is intended to prohibit the acceptance or transfer of title for real property acquired prior to the effective date of this part. (f) Transfer, assign, vest, or delegate any of its assets, funds, rights, powers, ownership interests, or obligations for any purpose to any entity, including, but not limited to, the community, the legislative body, another member of a joint powers authority, a trustee, a receiver, a partner entity, another agency, a nonprofit corporation, a contractual counterparty, a public body, a limited-equity housing cooperative, the state, a political subdivision of the state, the federal government, any private entity, or an individual or group of individuals. (g) Accept financial or other assistance from the state or federal government or any public or private source if the acceptance necessitates or is conditioned upon the agency incurring indebtedness as that term is described in this part. (Amended by Stats. 2012, Ch. 26, Sec. 4. (AB 1484) Effective June 27, 2012.)

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