Community Revitalization and Investment AuthoritiesGeneral Provisions
Section § 62000
This section defines key terms used in the context of community revitalization and investment efforts in California. The 'Authority' refers to a body responsible for managing these projects. A 'Plan' refers to a detailed community revitalization and investment plan, aligned with the California Constitution. The 'Plan area' is the specific geographic region covered by the revitalization efforts. A 'Revitalization project' involves physical improvements made to property and funded by the Authority.
Section § 62001
This law establishes a 'Community Revitalization and Investment Authority' as a public entity that can oversee a community revitalization plan in designated areas. Its main role is to receive tax revenues for these plans.
An authority can be set up by a city, county, or special district, but not by school entities or successor agencies. If the city or county previously had a redevelopment agency, certain conditions must be met before the new authority can operate.
The governing board, made up of members from creating entities and the public, must meet specific requirements. The plan targets areas with low income, high unemployment, crime rates, or deteriorated infrastructure. Authorities must operate within laws like the Ralph M. Brown Act, and can receive funding through city appropriations.
Section § 62002
This statute outlines the powers and actions an authority can undertake for community development and revitalization. It includes the ability to finance infrastructure projects, provide housing for low- to moderate-income families, clean up hazardous substances, and perform seismic retrofits on buildings. The authority can acquire and manage real estate with specific usage conditions, issue bonds, and borrow money from various sources for projects. It can also collaborate with other entities to improve investment efficiency and can receive transferred funds from local governments for specified uses. Additionally, the authority can create a community revitalization plan, offer loans or grants for building upgrades, construct foundational structures for new developments, and assist businesses in facility development or conversion for greater housing options.
Section § 62003
This law section requires that an authority create a community revitalization plan which includes crucial elements for improvement and development. It must set out clear goals, define the neighborhood, and explain the current infrastructure problems and ways to fix them. A comprehensive housing program must be laid out, detailing funds available for low and moderate-income housing and anticipated housing projects over the next decade. The plan should also address any environmental cleanup necessary and outline steps for economic revitalization. Additionally, it needs a financial projection of income and expenses, including potential bond issuance for funding. There are specified time limits for financial commitments and plan duration, typically not exceeding 45 years. Finally, the plan must ensure compliance with certain conditions related to revitalization investments.
Section § 62004
This law outlines a structured process for adopting a plan. It requires the authority to hold three public hearings, spaced at least 30 days apart. At the first hearing, they gather comments without taking action. The second hearing allows modifications or rejection of the plan based on further comments, and if not rejected, a third hearing addresses protests from property owners and residents.
A draft of the plan must be available to the public at least 30 days before the first hearing. Notices about these meetings must clearly describe the plan and be distributed in advance through various channels. If protests surface, an election may be necessary, and if a majority opposes, no action is taken for at least a year. Otherwise, the plan can be adopted by ordinance after the third hearing if protests account for less than 25% of the community.
All meetings require proper notice, including postings on the authority’s website and publications in local newspapers.
Section § 62005
This law outlines how local agencies can allocate property taxes to support community revitalization plans. Taxes collected from properties in a specified area may be divided between local agencies and a special fund for community projects if the agencies agree to participate. Local agencies can also advance funds for these projects, which will be repaid from tax revenues. The law details how cities, counties, and special districts can direct tax increments to a community authority, with some funds specifically earmarked for affordable housing. It also allows for setting limits on time or amounts allocated and requires agreements to manage the funds. Existing obligations in areas formerly part of redevelopment projects take precedence over new projects.
Section § 62006
This statute requires an authority to conduct an annual independent financial audit, funded by its revenue, and review its plan for projects, including affordable housing, annually. If changes are needed, a majority vote from the governing board at a public hearing is required. Significant amendments, like expanding project areas, increasing tax allocations, or adding new projects, require special procedures.
An annual report must be adopted by June 30 each year, after a public hearing. The report should be available 30 days in advance and cover project descriptions, financial details, and progress assessments. If the report isn’t provided, the authority cannot spend funds except for certain obligations.
Every 15 years, the authority must consider if property owners and residents want to amend the plan and must conduct a hearing and protest proceeding to hear objections to new projects. If more than half protest, or in some cases after an election, new projects can't proceed.
Elections are needed if protests are substantial, with deadlines for these votes set and conducted publicly. Nonetheless, authorities can still fulfill obligations like debt and contracts, or complete existing projects and affordable housing commitments.
Section § 62007
This law requires that every five years, once over $1 million from tax revenue is used for certain purposes, an independent audit must check if affordable housing requirements are met. If there are shortcomings, a plan must be made to fix them within two years, which can include spending more on low-income housing, increasing production of very low-income homes, or focusing on very low-income rental housing. The Controller provides guidelines for these audits, which must be followed starting January 1, 2023.
Section § 62008
This law explains the penalties for authorities that don't submit their completed audits to the state's Controller on time. If it's late after being reminded, the authority must pay fines based on their revenue size from the previous year: $2,500 for under $100,000, $5,500 for revenues between $100,000 and $250,000, and $10,000 for over $250,000. If the authority fails to comply for two consecutive years, the fine doubles, and for three years, it triples. Additionally, the Controller can require an independent audit, which the authority must pay for. The Attorney General can be asked to enforce these fines, and remedies will still be available if they don't act within 90 days. The Controller can waive these fines for good reasons.