The Legislature, by the enactment of this chapter, intends that the authority use any funds provided by this chapter to supplement existing local revenues being used for open-space acquisition, preservation, or maintenance purposes. The county and the cities within the jurisdiction of the authority are further encouraged to maintain their existing commitment of local funds for these purposes.
Chapter 5Funding
Section § 35170
This law section clarifies that any funds given under this chapter should add to, not replace, the local money already being used to buy, preserve, or maintain open spaces. It also encourages counties and cities to keep up their current level of local funding for these efforts.
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Section § 35171
This section outlines how an authority should manage open-space lands including acquisition, preservation, and maintenance. The authority must review needs and take proposals from cities and a citizens’ advisory committee, ensuring diverse representation. They must evaluate these proposals, considering impacts on affordable housing.
Based on these evaluations, the authority will create an expenditure plan for anticipated revenues from various funding sources. This plan should include revenue projections for five years and cover capital, maintenance, and operational purposes.
The plan should specify general areas for acquisition, and public hearings must be held before the plan's adoption or amendment. No funds can be spent on open-space lands until the initial plan is approved.
(a)CA Public Resources Code § 35171(a) The authority shall review and assess the needs for acquisition, preservation, or maintenance of open-space lands. As part of this review and assessment, the authority shall solicit proposals from the cities in the county within the boundaries of the authority and from a citizens’ advisory committee, the membership of which shall be determined by the authority based upon criteria which provides a broad representation of interests within the authority’s jurisdiction. The membership of the citizens’ advisory committee shall reflect the cultural and ethnic diversity of the population within the authority’s jurisdiction. The authority shall adopt a procedure for evaluating these proposals in consultation with the cities and the citizens’ advisory committee in the authority’s jurisdiction. The entity submitting any proposal shall consider the impact the proposal may have on the availability of affordable housing.
(b)CA Public Resources Code § 35171(b) Based on the evaluation, the authority shall prepare a plan for the expenditure of the revenues expected to be derived from funding provided for this division, together with other federal, state, local, and private improvements, and funding.
(c)CA Public Resources Code § 35171(c) In addition to acquisition, preservation, or maintenance of open-space lands, the expenditure plan shall also include projections of revenues likely to be available in the next five years for capital, maintenance, and operational purposes. The expenditure plan shall establish general areas for acquisition without identifying specific parcels, and shall be periodically reviewed and amended. Before adoption or amendment of an expenditure plan, the authority shall conduct public hearings on that plan. No expenditure for open-space lands shall occur until the initial expenditure plan is approved.
open-space lands management acquisition and preservation citizens’ advisory committee cultural and ethnic diversity affordable housing impact expenditure plan funding sources public hearings on plan revenue projections capital maintenance operational purposes periodic review general areas for acquisition
Section § 35172
This law allows authorities to impose 'qualified special taxes' that must be consistent for everyone or all properties in their area, though undeveloped property can be taxed less. People over 65, those on disability benefits, or those with income below a specific level can be exempt from these taxes. Exemptions remain effective until the person no longer qualifies.
If the authority gives tax exemptions and collaborates with a county to collect the taxes, it must provide easy access to exemption information online and via phone. The county tax collector's website must also link to this exemption information but only if the authority supplies valid links.
(a)CA Public Resources Code § 35172(a) Subject to Section 4 of Article XIII A of the California Constitution, the authority may impose qualified special taxes within the authority’s jurisdiction pursuant to the procedures established in Article 3.5 (commencing with Section 50075) of Chapter 1 of Part 1 of Division 1 of Title 5 of the Government Code and any other applicable procedures provided by law.
(b)Copy CA Public Resources Code § 35172(b)
(1)Copy CA Public Resources Code § 35172(b)(1) As used in this section, “qualified special taxes” means special taxes that apply uniformly to all taxpayers or all real property within the authority’s jurisdiction, except that unimproved property may be taxed at a lower rate than improved property. “Qualified
special taxes” may include taxes that provide for an exemption from those taxes for any or all of the following taxpayers:
(A)CA Public Resources Code § 35172(b)(1)(A) Persons who are 65 years of age or older.
(B)CA Public Resources Code § 35172(b)(1)(B) Persons receiving Supplemental Security Income for a disability, regardless of age.
(C)CA Public Resources Code § 35172(b)(1)(C) Persons receiving Social Security Disability Insurance benefits, regardless of age, whose yearly income does not exceed 250 percent of the 2012 federal poverty guidelines issued by the United States Department of Health and Human Services.
(2)CA Public Resources Code § 35172(b)(2) “Qualified special taxes” does not include special taxes imposed on a particular class of property or taxpayers.
(c)CA Public Resources Code § 35172(c) Any exemption granted pursuant to subdivision (b) shall remain in effect until the taxpayer becomes ineligible. If the taxpayer becomes ineligible for the exemption for any reason, a new exemption may be granted in the same manner.
(d)Copy CA Public Resources Code § 35172(d)
(1)Copy CA Public Resources Code § 35172(d)(1) If the authority provides for an exemption for a qualified special tax pursuant to subdivision (b), and the authority contracts or enters into an agreement with the county to collect the qualified special tax within the authority’s jurisdiction, the authority shall annually provide to the tax collector of that county all of the following information:
(A)CA Public Resources Code § 35172(d)(1)(A) A hyperlink to the location on the internet website of the authority that contains exemption information, if available.
(B)CA Public Resources Code § 35172(d)(1)(B) A hyperlink to the location on the internet website of the authority that contains the application for the exemption, if available.
(C)CA Public Resources Code § 35172(d)(1)(C) A telephone number to provide persons with exemption information or direct persons requesting exemption information.
(2)CA Public Resources Code § 35172(d)(2) If a county contracts or enters into an agreement with the authority to collect a qualified special tax for the authority and for which the authority provides for an exemption pursuant to subdivision (b), the tax collector of that county shall include a hyperlink, which shall be identified as “Parcel Tax Exemptions,” on the tax collector’s internet website home page to another location on the tax collector’s internet website that posts the hyperlinks and information provided by the authority in paragraph (1).
(3)CA Public Resources Code § 35172(d)(3) Paragraph (2) shall only apply when the authority provides the information to the tax collector required by paragraph (1). The tax collector shall not post any hyperlink to a location on the authority’s internet website that is invalid.
qualified special taxes tax exemptions unimproved property improved property persons over 65 disability benefits income guidelines county tax collection tax collector property tax online exemption information exemption application internet hyperlinks authority jurisdiction uniform tax rates
Section § 35173
This law allows an authority to apply certain assessment and improvement acts under the Streets and Highways Code. They can impose fees or create improvement districts using the rules set by the Improvement Act of 1911, the Improvement Bond Act of 1915, and the Municipal Improvement Act of 1913.
The authority may levy assessments pursuant to the Improvement Act of 1911, Division 7 (commencing with Section 5000), the Improvement Bond Act of 1915, Division 10 (commencing with Section 8500), and the Municipal Improvement Act of 1913, Division 12 (commencing with Section 10000) of the Streets and Highways Code.
Streets and Highways Code Improvement Act of 1911 Improvement Bond Act of 1915 Municipal Improvement Act of 1913 levy assessments public improvements infrastructure funding assessment districts local government authority property assessments road improvements community development bond financing municipal improvements authority powers
Section § 35174
This law allows an authority to borrow money to pay for major upgrades or new construction projects (known as capital improvements) by following specific government procedures outlined elsewhere.
The authority may incur indebtedness to finance capital improvements pursuant to Chapter 4 (commencing with Section 43600) of Division 4 of Title 4 of the Government Code.
capital improvements finance borrow money authority debt construction projects government procedures major upgrades new construction incur indebtedness Chapter 4 Section 43600 Division 4 Title 4 Government Code financing improvements
Section § 35175
This law allows the authority to pay for facilities and sell bonds using the rules and processes from the Mello-Roos Community Facilities Act of 1982. This means they can raise money for development projects by creating special districts that benefit from the improvements.
The authority may finance facilities and issue bonds under this division pursuant to the Mello-Roos Community Facilities Act of 1982 (Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the Government Code).
community facilities Mello-Roos Act bond issuance public finance development projects special districts facility financing local infrastructure public improvement funding authority financing Government Code Mello-Roos bonds project funding infrastructure investment development financing
