California 2011-2012 Regular Session

California Assembly Bill ABX131 Latest Draft

Bill / Amended Version Filed 09/02/2011

 BILL NUMBER: ABX1 31AMENDED BILL TEXT AMENDED IN SENATE SEPTEMBER 2, 2011 INTRODUCED BY Assembly Member  Blumenfield   Charles M. Calderon   (   Principal coauthor:   Senator   Calderon   )  MAY 19, 2011  An act relating to the Budget Act of 2011.   An act to add Sections 34164.25 and 34194.75 to the Health and Safety Code, relating to redevelopment, and making an appropriation therefor, to take effect immediately, bill related to the budget.  LEGISLATIVE COUNSEL'S DIGEST AB 31, as amended,  Blumenfield   Charles M. Calderon  .  Budget Act of 2011.   Redevelopment.   Existing law suspends various activities of redevelopment agencies and prohibits the agencies from incurring indebtedness for a specified period. Existing law also dissolves redevelopment agencies and community development agencies, as of October 1, 2011, and designates successor agencies, as defined. Existing law exempts from dissolution a redevelopment agency of a community where the city or county that created the agency participates in an alternative redevelopment program, as prescribed.   This bill would provide that in a specified sale of state surplus property where the sale of that property is dependent on the use of local redevelopment agency funds, local redevelopment funds would be deemed to be obligated for the purchase and development of that property, and would be available for use by the local redevelopment agency or any redevelopment agency for purchase and development purposes. The bill would also exempt new debt, as described, from certain provisions relating to a community remittance requirement.   The bill would appropriate $1,000 to the Department of Finance for its costs in complying with the bill.   The California Constitution authorizes the Governor to declare a fiscal emergency and to call the Legislature into special session for that purpose. Governor Schwarzenegger issued a proclamation declaring a fiscal emergency, and calling a special session for this purpose, on December 6, 2010. Governor Brown issued a proclamation on January 20, 2011, declaring and reaffirming that a fiscal emergency exists and stating that his proclamation supersedes the earlier proclamation for purposes of that constitutional provision.   This bill would state that it addresses the fiscal emergency declared and reaffirmed by the Governor by proclamation issued on January 20, 2011, pursuant to the California Constitution.   This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.   This bill would express the intent of the Legislature to enact statutory changes relating to the Budget Act of 2011.   The California Constitution authorizes the Governor to declare a fiscal emergency and to call the Legislature into special session for that purpose. Governor Schwarzenegger issued a proclamation declaring a fiscal emergency, and calling a special session for this purpose, on December 6, 2010. Governor Brown issued a proclamation on January 20, 2011, declaring and reaffirming that a fiscal emergency exists and stating that his proclamation supersedes the earlier proclamation for purposes of that constitutional provision.   This bill would state that it addresses the fiscal emergency declared and reaffirmed by the Governor by proclamation issued on January 20, 2011, pursuant to the California Constitution.  Vote: majority. Appropriation:  no   yes  . Fiscal committee:  no   yes  . State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:  SECTION 1.   Section 34164.25 is added to the   Health and Safety Code   , to read:   34164.25. Notwithstanding any law, in the sale of any state surplus property, where the State Public Works Board has approved the sale and the purchase sale agreement has been executed on or before June 30, 2011, and where the sale of the surplus property is dependent on the use of local redevelopment agency funds, these local redevelopment funds shall be deemed obligated for the purchase and designated development of that property and shall be available for use by the local redevelopment agency, or any successor agency, to fulfill the purchase and development of that property by the purchases as designed in the purchase sale agreement.   SEC. 2.   Section 34194.75 is added to the   Health and Safety Code   , to read:   34194.75. Notwithstanding any law, including, but not limited to, any provision of this part, paragraph (2) of subdivision (c) of Section 34194 shall not apply to either of the following: (a) New debt, as that term is defined in subparagraph (A) of paragraph (2) of subdivision (c) of Section 34194, or to obligations issued or incurred on or after November 1, 2011, as referred to in that subparagraph, with respect to any real property listed by the Department of General Services as state surplus property pending disposition in its 2010 Surplus Real Property Annual Report to the State Legislature, dated June 2010 and transmitted to Legislative Counsel on or around September 27, 2010. (b) New debt, as that term is defined in subparagraph (A) of paragraph (2) of subdivision (c) of Section 34194, or to obligations issued or incurred on or after November 1, 2011, as referred to in that subparagraph, with respect to any project located or to be located on all or any part of real property that is listed by the Department of General Services as state surplus real property pending disposition in its 2010 Surplus Real Property Annual Report to the State Legislature, dated June 2010 and transmitted to Legislative Counsel on or around September 27, 2010.   SEC. 3.   The sum of one thousand dollars ($1,000) is hereby appropriated to the Department of Finance from the General Fund for costs to comply with this act.   SEC. 4.   This act addresses the fiscal emergency declared and reaffirmed by the Governor by proclamation on January 20, 2011, pursuant to subdivision (f) of Section 10 of Article IV of the California Constitution.   SEC. 5.   This act is a bill providing for appropriations related to the Budget Bill within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution, has been identified as related to the budget in the Budget Bill, and shall take effect immediately.   SECTION 1.   It is the intent of the Legislature to enact statutory changes relating to the Budget Act of 2011.   SEC. 2.   This act addresses the fiscal emergency declared and reaffirmed by the Governor by proclamation on January 20, 2011, pursuant to subdivision (f) of Section 10 of Article IV of the California Constitution.