sr-041409-13e13-E
April 14, 2009
Council Meeting: April 14, 2009 Santa Monica, California
CITY CLERK'S OFFICE -MEMORANDUM
To: City Council
From: Councilmember McKeown
Date: April 14, 2009
Request of Councilmember McKeown that the City Council take the following positions
on housing bills in the current State Legislative session, and convey our support or
opposition to the appropriate legislators and the Governor.
Support SB 290 (Leno): Makes permanent the 60-day eviction notice, rather than 30-
day, for no-fault tenants in residence over one year.
* Support AB 590 (Feuer): Provides the right to counsel for low-income people in
critical civil cases, providing eviction defense for low income tenants.
Support AB 1171 (Ammiano): Will be amended to extend eviction notice under the
Ellis Act, such that if any tenant in the building is entitled to a one-year notice (because
the tenant is a senior or a person with a disability), then all tenants in the building will
have notices extended to 1-year notice, rather than the 120 days required under current
law.
Support AB 1108 (Fuentes): Makes various changes to requirements when electric or
gas utilities are provided to residential tenants or mobile. home park residents through a
master meter, including separate utility billing.
Support SB 595 (Cedillo): Places a $1.5 billioh bond measure on the November 2010
ballot to fund supportive housing for extremely-low-income homeless veterans.
Oppose AB 1084 (Adams): Expands the definition of "fee" under the Mitigation Fee
Act to include dedications of property or services.
Oppose SB 763 (Walters): Allows extensions of the life of some tentative subdivision
maps to 24 months.
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April 14, 2009
SENATE BILL
Introduced by Senator Leno
(Principal coauthor: Assembly Member Torrico)
February 24, 2009
No. 290
An act to amend Section 1946.1 of the Civil Code, relating to tenancy.
LHGISLATIVE COO NSEL'S DIGEST
SB 290, as introduced, Leno. Tenancy: notices.
Existing law prescribes provisions for the renewal or termination of
a hiring of residential real property for an unspecified term. Existing
law, in effect until January 1, 2010, requires that an owner of a
residential dwelling give at least 60 days' notice prior to termination,
as specified, and at least 30 days' notice prior to termination if any
tenant or resident has resided in the dwelling for less than one year.
This bill would delete the January 1, 2010, repeal of the provisions
described above, thereby making them operative indefinitely.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
The people of the State of California do enact as follows:
1 SECTION 1. Section 1946.1 of the Civil Code is amended to
2 read:
3 1946.1. (a) Notwithstanding Section 1946, a hiring of
4 residential real property for a term not specified by the parties, is
5 deemed to be renewed as stated in Section 1945, at the end of the
6 term implied by law unless one of the parties gives written notice
7 to the other of his or her intention to terminate the tenancy, as
8 provided in this section.
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(b) An owner of a residential dwelling giving notice pursuant
to this section shall give notice at least 60 days prior to the
proposed date of termination. A tenant giving notice pursuant to
this section shall give notice for a period at least as long as the
term of the periodic tenancy prior to the proposed date of
termination.
(c) Notwithstanding subdivision (b), an owner of a residential
dwelling giving notice pursuant to this section shall give notice at
least 30 days prior to the proposed date of termination if any tenant
or resident has resided in the dwelling for less than one year.
(d) Notwithstanding subdivision (b), an owner of a residential
dwelling giving notice pursuant to this section shall give notice at
least 30 days prior to the proposed date of termination if all of the
following apply:
(1) The dwelling or unit is alienable separate from the title to
any other dwelling unit.
(2) The owner has contracted to sell the dwelling or unit to a
bona fide purchaser for value, and has established an escrow with
a licensed escrow agent, as defined in Sections 17004 and 17200
of the Financial Code, or a licensed real estate broker, as defined
in Section 10131 of the Business and Professions Code.
(3) The purchaser is a natural person or persons.
(4) The notice is given no more than 120 days after the escrow
has been established.
(5) Notice was not previously given to the tenant pursuant to
this section.
(6) The purchaser in good faith intends to reside in the property
for at least one full year-after the termination of the tenancy.
(e) After an owner has given notice of his or her intention to
terminate the tenancy pursuant to this section, a tenant may also
give notice of his or her intention to terminate the tenancy pursuant
to this section, provided that the tenant's notice is for a period at
least as long as the term of the periodic tenancy and the proposed
date of termination occurs before the owner's proposed date of
termination.
(f) The notices required by this section shall be given in the
manner prescribed in Section 1162 of the Code of Civil Procedure
or by sending a copy by certified or registered mail.
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1 (g) This section may not be construed to affect the authority of
2 a public entity that otherwise exists to regulate or monitor the basis
3 for eviction.
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AMENDED IN ASSEMBLY MARCH 12, 2009
CALIFORNIA LEGISLATURE-2009-10 REGOLAA SESSION
ASSEMBLY BILL No. 590
Introduced by Assembly Member Feuer
February 25, 2009
An act to add Article 9.6 (commencing with Section 6159.5) to
Chapter 4 of Division 3 of the Business and Professions Code, and to
amend Section 70626 of, and to add Chapter 2.1 (commencing with
Section 68650) to Title 8 of, the Government Code, relating to the
practice of law.
LEGISLATIVE COUNSEL'S DIGEST
AB 590, as amended, Feuer. Legal aid
(1) Existing law, the State Bar Act, provides for the licensure and
regulation of attorneys by the State Bar of California, a public
corporation. Existing law provides that it is the duty of an attorney to,
among other things, never reject, for any consideration personal to
himself or herself, the cause of the defenseless or oppressed. Existing
law provides that a lawyer may fulfill his or her ethical commitment to
provide pro bono services, in part, by providing financial support to
organizations providing free legal services to persons of limited means.
This bill would state the intent of the Legislatur~d-the
to encourage the legal profession to make further efforts to meet its
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professional responsibilities and other obligations by providing pro
bono legal services and financial support ofnonprofit legal organizations
that provide free legal services to underserved communities.
This bill would prohibit a person or organization that is not a specified
type of legal aid organization, as defined, from using the term "legal
aid," or any confusingly similar name in any firm name, trade name,
fictitious business name, or other designation, or on any advertisement,
letterhead, business card, or sign. The bill additionally would prohibit
any person from charging a fee for any legal form or other document
created by a legal aid organization, a court, or other public agency that
is available to the public without charge, or from charging a fee to assist
in the provision of self-help services that are provided without charge
by a court or legal aid organization: The bill would subject a person or
organization that violates these prohibitions to specified civil liability.
This bill would, subject to funding specifically provided for this
purpose, require the Judicial Council to develop one or more model
pilotprojects in selected courts pzersuant to a competitive grantprocess
and a request for proposals. The bill would provide that legal counsel
shall be appointed to represent low-income parties in civil matters
involving critical issues affecting basic human needs in those courts
selected by the Judicial Council, as specked. The bill would provide
that each project shall be a partnership between the court, a qual fed
legal services provider that shall serve as the lead agency for case
assessment and direction, and other legal services providers in the
community who are able to provide the services for the project. The
bill would require the lead legal services agency, to the extentpractical,
to ident~ and make use of pro bono services in order to maximize.
available services efficiently and economically.
(2) Existing law sets the fees at $15 or X20 for various court services,
including, but not limited tq issuing a writ for the enforcement of an
order or judgment, issuing an abstract of judgment, recording or
registering any license or cert~cate, issa~ing an order ofsale, and filing
and entering an award under the Workers'Compensation Law.
This bill would increase those fees by $IQ and would provide that
the $10 fee increase shall be transmitted quarterly for deposit in the
Trial Court Trust Fund and used by the Judicial Council for
implementing and administering the civil representation pilot program
described in (1) above.
Vote: majority. Appropriation: no. Fiscal committee: Hayes.
State-mandated local program: no.
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The people of the State of California do enact as follows:
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SECTION 1. The Legislature hereby finds and declares all of
the following.
(a) There is an increasingly dire need for legal services for poor
Californians. Due to insuff~cientfundingfrom all sources, existing
programs providing free services in civil matters to indigent and
disadvantaged persons, especially underserved groups such as
elderly, disabled, children, and non-English-speaking persons,
are not adequate to meet existing needs.
(b) The critical need for legal representation in civil cases has
been documented repeatedly and the statistics are staggering.
California courts are facing an ever increasing number of parties
who go to court without legal counsel. Over 4.3 million
Californians Are believed to be currently unrepresented in civil
court proceedings, largely because they cannot afford
representation. Current funding allows legal services programs
to assist less than one-third of California's poor and lower-income
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residents. As a result, many Californians are unable to
meaning~zelly access the courts and obtain justice in a timely and
effective manner. The effect is that critical legal decisions are
made without the court having the necessary information, or
without theparties having an adequate understanding of the orders
to which they are subject.
(c) The modern movement to offer legal services for the poor
was spearheaded by Sargent Shriver in 1966, aided by the
American Bar Association, then headed by future Supreme Court
Justice Lewis Powell, driven by the large disparity that existed
between the number of lawyers available for. poor Americans
compared with the. availability of legal services for others. While
much progress has been made since then, sign cant disparity
continzres. According to federal poverty data, there was one legal
aid attorney in 2006 for every 8, 373 poor people in California. By
contrast, the number of attorneys providing legal services to the
general population is approximately one for every 240 people -
nearly 35 times higher.
(d) There are sign cant social and governmental costs of
depriving unrepresented parties of'vital legal rights affecting basic
human needs, particularly with respect to indigent. parties,
including the elderly and people with disabilities, and these costs
may be avoided or reduced by providing the assistance of counsel
where parties have a reasonable possibility of achieving a
favorable outcome.
(e) Expanding representation will not only improve access to
the courts and the quality ofjustice obtained by these individuals,
but will allow court calendars that currently include many
self-represented litigants to be handled more .effectively and
efficiently. Increasing the availability of legal representation for
litigants who must currently represent themselves or face loss of
their legal rights is a keypriority of the Judicial Council and Chief
Justice Ronald M. George. As the Chief Justice has noted, the
large and growing number ofself-represented litigants is one of
the most challenging issues in the coming decade, imposing
significant costs on the judicial system and the public by impairing
the ability of the courts to efficiently process heavy caseloads, and
eroding the public's confidence in our judicial .system. The
experience and data collected through a pilot program will assist
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the courts and the legal community in developing new strategies
to provide legal representation to overcome this challenge.
SEC. 2. In light of the large and ongoing justice gap between
the legal needs oflow-income Californians and the legal resources
available to meet those needs, it is the intent of the Legislature to
encourage the legal profession to make further efforts meet its
professional responsibilities and other obligations by providing
pro bono legal services and financial support of nonprofit legal
organizations that provide free legal services to underserved
communities.
SEC. 3. Article 9.6 (commencing with Section 6159.5) is added
to Chapter 4 of Division 3 ofthe Business and Professions Code,
to read`.
Article 9.6. Legal Aid Organizations
6159.5. The Legislature hereby finds and declares all of the
following:
(a) Legal aid programs provide a valuable service to the public
by providing free legal services to the poor.
(b) Private, for-profit organizations that have no lawyers have
been using the name "legal aid" in order to obtain business from
people who believe they are obtaining services from a nonprofit
legal aid organization.
(c) Public opinion research has shown that the term "legal aid"
is commonly understood by the public to mean free legal assistance
for the poor.
(d) Members of the public seeking free legal assistance are often
referred by telephone and other directory assistance information
providers to for-profit organizations that charge a fee for their
services, and there are a large number oflistings in many telephone
directories for "legal aid" that are not nonprofit but are actually
for-profit organizations.
(e) The Los Angeles Superior Court has held that there is a
common .law trademark on the name "legal aid," which means
legal services for the poor provided by a nonprofit organization.
(f) The public will be benefited if for-profit organizations are
prohibited. from using the term "legal aid," in order to avoid
confizsion.
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1 6159.51. For purposes of this article, "legal aid organization"
2 means a nonprofit organization that provides civil legal services
3 for the poor without charge.
4 6159.52. (a) It is unlawful for any person or organization to
5 use the term "legal aid," "legal aide," or any confusingly similar
6 name in any firm name, trade name, fictitious business name, or
7 any other designation, oY on any advertisement, letterhead, business
8 card, or sign, unless the person or organization is a legal aid
9 organization subject to fair use principles for nominative,
10 descriptive, or noncommercial use.
11 (b) It is unlawful for any person to sell or charge a fee for any
12 legal form or other document created by a legal aid organization
13 or by a court or other public agency of the state regarding or for
14 use in a court action or proceeding if the form or other document
15 is available to the public without charge from the legal aid
16 organization, court, or other public agency.
17 (c) It is unlawful for any person for a fee to assist or offer to
18 assist in the provision of self-help services that are provided
19 without charge by a court or legal aid organization.
20 6159.53. (a) Any consumer injured by a violation of Section
21 6159.52 may file a complaint and seek injunctive relief, restitution,
22 and damages in the superior court of any county in which the
23 defendant maintains an office, advertises, or is listed in a telephone
24 directory.
25 (b) A person who violates Section 6159.52 shall be subject to
26 an injunction against further violation of Section 6159.52 by any
27 legal aid organization that maintains an office in any county in
28 which the defendant maintains an office, advertises, or is listed in
29 a telephone directory. In an action under this subdivision, it is not
30 necessary to allege or prove actual damage to the plaintiff, and
31 irreparable harm and interim harm to the plaintiff shall be
32 presumed.
33 (c) Reasonable attorney's fees shall be awarded to the prevailing
34 plaintiff in any action under this section.
35 SEC. 4. Chapter 2.1 (commencing with Section 68650) is added
36 to Title 8 of the Government Code, to read.•
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CHAPTER 2. I. CIVIL LEGAL REPRESENTATJON
3 68650. (a) Legal counsel shall be appointed to represent
4 low-income parties in civil matters involving critical issues
5 affecting basic human needs in those specked courts selected by
6 the Judicial Council as provided in this section.
7 (b) (1) Subject to fundingspec~callyprovidedforthispurpose
8 pursuant to subdivision (d) of Section 70626, the Judicial Council
9 shall develop one or more model pilot projects in selected courts
10 pursuant to a competitive grant process and a request for
11 proposals. Projects authorized under this section shall provide
12 representation of counsel for low-income persons who require
13 legal services in civil matters imolving basic human needs that
14 would not be met using existing legal resources, and to gather
15 information on the outcomes associated with providing these
16 services, to guard against the irrvoluntary waiver of those rights
17 or their disposition by default. These pilot projects should be
18 designed to address the substantial inequities in timely and effective
19 access to justice that often give rise to an undue risk of erroneous
20 decision because of the nature and complexity of the law and the
21 proceeding or disparities between the parties in education,
22 sophistication, language proficiency, legal representation, access
23 to self-help, and alternative dispute resolution services. In order
24 to ensure that the scarce funds available for the program are used
25 to serve the most critical cases and the parties least able to access
26 the courts without representation, eligibility for representation
27 shall be limited to clients whose household income falls at or below
28 200 percent of the federal poverty level. Projects shall impose
29 asset limitations consistent with their existing practices in order
30 to ensure optimal use offunds.
31 (2) Each project shall be a partnership between the court, a
32 qual~ed legal services provider that shall serve as the lead agency
33 for case assessment and direction, and other legal services
34 providers in the community who are able to provide the services
35 for the project. The lead legal services agency shall be the central
36 point of contact for receipt of referrals to the project and to make
37 determinations of eligibility based on undform criteria. The lead
38 legal services agency shall be responsible for providing
39 representation to the clients or referring the matter to one of the
40 organization or individual providers with whom the legal services
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agency contracts to provide the service. To the extent practical,
the lead legal services agency shall ident~ and make. use of pro
bono services in order to maximize available services efficiently
and economically.
SEC. S. Section 70626 of the Government Code is amended to
read.•
70626. (a) The fee for each of the following services iseer:
twenty-five dollars-($-1-~j-~4tneunts ($25). Subject to subdivision
(d), amounts collected shall be distributed to the Trial Court Trust
Fund under Section 68085.1.
(1) Issuing a writ of attachment, a writ of mandate, a writ of
execution, a writ of sale, a writ of possession, a writ of prohibition,
or any other writ for the enforcement of any order or judgment.
(2) Issuing an abstract of judgment.
(3) Issuing a certificate ofsatisfaction ofjudgmentunder Section
724.100 of the Code of Civil Procedure.
(4) Certifying a copy of any paper, record, or proceeding on file
in the office of the clerk of any court.
(5) Taking an affidavit, except in criminal cases or adoption
proceedings.
(6) Acknowledgment of any deed or other instrument, including
the certificate.
(7) Recording or registering any license or certificate, or issuing
any certificate in connection with a license, required by law, for
which a charge is not otherwise prescribed.
(8) Issuing any certificate for which the fee is not otherwise
fixed.
(b) The fee for each of the following services is~aerrpy thirty
dollars~eants ($30). Subject to subdivision (d), amounts
collected shall be distributed to the Trial Court Trust Fund under
Section 68085. L
(1) Issuing an order of sale.
(2) Receiving and filing an abstract ofjudgment rendered by a
judge of another court and subsequent services based on it, unless
the abstract of judgment is filed under Section 704.750 or 708.160
of the Code of Civil Procedure.
(3) Filing a confession of judgment under Section 1134 of the
Code of Civil Procedure.
(4) Filing an application for renewal of judgment under Section
683.150 of the Code of Civil Procedure.
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(5) Issuing a commission to take a deposition in another state
or place under Section 2026.010 of the Code of Civil Procedure,
or issuing a subpoena under Section 2029.300 to take a deposition
in this state for purposes of a proceeding pending in another
jurisdiction.
(6) Filing and entering an award under the Workers'
Compensation Law (Division 4 (commencing with Section 3200)
of the Labor Code).
(7) Filing an affidavit of publication of notice of dissolution of
partnership.
(8) Filing an appeal of a determination whether a dog is
potentially dangerous or vicious under Section 31622 of the Food
and Agricultural Code.
(9) Filing an affidavit under Section 13200 of the Probate Code,
together with the issuance of one certified copy of the affidavit
under Section 13202 of the Probate Code.
(10) Filing and indexing all papers for which a charge is not
elsewhere provided, other than papers filed in actions br special
proceedings, official bonds, or certificates of appointment.
(c) The fee for filing a first petition under Section 2029.600 or
2029.620 of the Code of Civil Procedure, if the petitioner is not a
party to the out-of--state case, is eighty dollars ($80). Amounts
collected shall be distributed to the Trial Court Trust Fund pursuant
to Section 68085.1.
(d) Of the amounts collected pursuant to subdivisions (a) and
(b), ten dollars ($10) of each fee shall be transmitted quarterly to
be deposited in the Trial Court TrustFund and used by the.7udicial
Council for the expenses of the Judicial Council in implementing
and administering the civil representation pilot program under
Section 68650.
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CALIFORNIA LEGISLATURE-2009-10 REGULAR SESSION
ASSEMBLY BILL No. 1171
Introduced by Assembly Member Ammiano
February 27,2009
An act to amend Section 7060 of the Government Code, relating to
rental property.
.LEGISLATIVE COUNSEL'SDIGEST
AB 1171, as introduced, Ammiano. Rental property: residential
hotels.
Under the Ellis_Act, public entities genetally are prohibited from
adopting any statute, ordinance, or regulation, or taking any
administrative action, to compel the owner of residential real property
to offer or to continue to offer accommodations in the property for rent
or lease. The act defines accommodations subject to the act to mean
either residential rental units in any detached physical structure
containing 4 or more residential rental units or, with .respect to a
detached physical structure containing 3 or fewer residential rental
units, the residential rental units in that structure and in any other
structure located on the same parcel of land.
Existing law declares that it is the intent of the Legislature in enacting
the Ellis Act to supersede any holding, or portion of the holding, of a
specified case, to the extent that the holding; or portion of the holding,
conflicts with this chapter, so as to permit landlords to go out of
business.
This bill would define, for purposes of the act, the phrase "to go out
of business" as to discontinue in the business or occupation of being a
landlord.
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Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
The people of the State of California do enact as follows:
1 SECTION 1. Section 7060 of the Government Code is amended
2 to read:
3 7060. (a) No public entity, as defined in Section 811.2, shall,
4 by statute; ordinance, or regulation, or by administrative action
5 implementing any statute, ordinance or regulation, compel the
6 owner of any residential real property to offer, or to continue to
7 offer, accommodations in the property for rent or lease, except for
8 guestroomsor efficiency units within a residential. hotel, as defined
9 in Section 50519 of the Health and Safety Code, if the residential
10 hotel meets all of the following conditions:
11 (1) The residential hotel is located in a city and county, or in a
12 city with a population of over 1,000,000.
13 (2) The residential hotel has a permit of occupancy issued prior
14 to January 1, 1990.
15 (3) The residential hotel did not send a notice of intent to
16 withdraw the accommodations from rent or lease pursuant to
17 subdivision (a) of Section 7060.4 that was delivered to the public
18 entity prior to January 1, 2004.
19 (b) For the purposes of this chapter, the following definitions
20 apply:
21 (1) "Accommodations" means either of the following:
22 (A) The residential rental units in any detached physical
23 structure containing four or more residential rental units.
24 (B) With respect to a detached physical structure containing
25 three or fewer residential rental units, the residential rental units
26 in that structure and in any other structure located on the same
27 parcel of land, including any detached physical structure specified
28 in subparagraph (A).
29 (2) "Disabled" means a person with a disability, as defined in
30 Section 12955.3 of the Government Code.
31 (3) "To go out of business "means to discontinue in the business
32 or occupation of being a landlord.
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CALIFORNIA LEGISLATURE-2009-30 REGULAR SESSION
ASSEMBLY BILL No. 1171
Introduced by Assembly Member Ammiano
February 27, 2009
An act to amend Section 7060 of the Government Code, relating to
rental property.
LEGISLATIVE COUNSEL'S DIGEST
AB 1171, as introduced, Ammiano. Rental property: residential
hotels.
Under the Ellis Act, public entities generally are prohibited from
adopting any statute, ordinance, or regulation, or taking any
administrative action, to compel the owner of residential real property
to offer or to continue to offer accommodations in the property for rent
or lease. The act defines accommodations subject to the act to mean
either residential rental units in any detached physical structure
containing 4 or more residential rental units or, with respect to a
detached physical structure containing 3 or fewer residential rental
units, the residential rental units in that structure and in any other
structure located on the same parcel of land.
Existing law declares that it is the interifof the Legislature in enacting
the Ellis Act to supersede any holding, or portion of the holding, of a
specified case, to the extent that the holding, or portion of the holding,
conflicts with this chapter, so as to permit landlords to go out of
business.
This bill would define, for purposes of the act, the phrase "to go out
of business" as to discontinue in the business or occupation of being a
landlord:
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Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
The people of the State of California do enact as follows:
1 .SECTION 1. Section 7060 ofthe Government Code is amended
2 to read:
3 7060. (a) No public entity, as defined in Section 811.2, shall,
4 by statute, ordinance, or regulation, or by administrative action
5 implementing any statute, ordinance or regulation, compel the
6 owner of any residential real property to offer, or to continue to
7 offer, accommodations in the property for rent or lease, except for
8 guestrooms or efficiency units within a residential hotel, as defined
9 in Section 50519 of the Health and Safety Code, if the residential
10 hotel meets all of the following conditions:
11 (1) The residential hotel is located in a city and county, or in a
12 city with a population of over 1,000,000.
13 (2) The residential hotel has a permit of occupancy issued prior
14 to January 1, 1990_
15 (3) The residential hotel did not send a notice of intent to
16 withdraw the accommodations from rent or lease pursuant to
17 subdivision (a) of Section 7060.4 that was delivered to the public
18 entity prior to January 1, 2004.
19 (b) For the purposes of this chapter, the following definitions
20 apply:
21 (1) "Accommodations" means either of the following:
22 (A) The residential rental units in any detached. physical
23 structure containing four or more residential rental units.
24 (B) With respect to a detached physical structure containing
25 three or fewer residential rental units, the residential rental units
26 in that structure and in any other structure located on the same
27 parcel of land, including any detached physical structure specified
28 in subparagraph (A).
29 (2) "Disabled" means a person with a disability, as defined in
30 Section 12955.3 of the Government Code.
31 (3) "To go out of business "means to discontinue In the business
32 or occupation of being a landlord.
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CALIFORNIA LEGISLATURE-2009-10 REGULAR SESSION
ASSEMBLY BILL No. 1108
Introduced by Assembly Member Fuentes
February 27, 2009
An act to amend Section 739.5 of, to add the heading of Chapter 1
(commencing with Section 9500) to, and to add Chapter 2 (commencing
with Section 9505) to, Division 4.8 of, and to repeal Section 12821.5
of, the Public Utilities Code, relating to utility service.
LEGISLATIVE COUNSEL'S DIGEST
AB 1108, as introduced, Fuentes. Electric and gas utility service:
master-meter customers.
(1) Under existing law, the Public Utilities Commission has
regulatory authority over public utilities, including electrical
corporations and gas corporations. Existing law requires that, when gas
or electric service is provided by a master-meter customer to users who
are tenants of a mobilehome park, apartment building, or similar
residential complex, the master-meter customer charge each user at the
same rate that would be applicable if the user were receiving gas or
electricity directly from the gas or electrical corporation. Existing law
additionally requires the electrical or gas corporation to establish
uniform rates to master-meter customers at a level that will provide a
sufficient differential to cover the reasonable average costs to
master-meter customers of providing submeter service, except that these
costs shall not exceed the average cost that the corporation would have
incurred in providing comparable services directly to the users of the
service (master-meter discount). Existing law provides that every
master-meter customer is responsible for the maintenance and repair
of its submeter facilities beyond the master-meter.
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This bill would authorize the commission, if it finds that a
master-meter customer has failed to maintain or repair its submeter
facilities beyond the master-meter, to order the master-meter customer
to maintain or repair those facilities and would authorize the
commission, in addition to the commission's authority to make or
enforce orders pursuant to the Public Utilities Act, to order that moneys
received as a result of the master-meter discount be held in trust to be
expended for maintenance and repair of the submeter facilities. The bill
would require amaster-meter customer to separately bill for gas or
electric service, or both, and rent This bill would prohibit amaster-meter
customer from charging a user of electricity or gas any late charge for
nonpayment or delayed payment of rent. The bill would require that
any late charge imposed by a master-meter customer for nonpayment
or delayed payment by a user for gas or electric service be in an amount
that does not exceed that which the electrical or gas corporation would
charge for nonpayment or delayed payment for electric or gas service.
(2) The existing Municipal Utility District Act authorizes the
formation of a municipal utility district and authorizes a district to
acquire, construct, own, operate, control, or use works for supplying
the inhabitants of the district and public agencies with light, water,
power, heat, transportation, telephone service, or other means of
communication, or means for the collection, treatment, or disposition
of garbage, sewage, or refuse matter. Existing law requires that, when
light, heat, or power is provided by a master-meter customer to users
who are tenants of a mobilehome park, apartment building, or similar
residential complex, the master-meter customer charge each user at the
same rate that would be applicable. if the user were receiving service
directly from a municipal utility district. Existing law additionally
requires that the master-meter customer provide an itemized billing of
charges for light, heat, and power to each individual user generally in
accordance with the form and content of bills of the district to its
residential customers. Existing law provides that every master-meter
customer receiving light, heat, or power from a municipal utility district
is responsible for maintenance and repair of its submeter facilities
beyond the master-meter.
This bill would repeal this provision. The bill would provide that
when gas or electric service is provided by a master-meter customer to
users who are tenants of a mobilehome park, apartment building, or
similar residential complex, the master-meter customer charge each
usei at the same rate that would be applicable if the user were receiving
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gas or electricity directly from a local publicly owned electric or gas
utility. The bill would require amaster-meter customer to provide an
itemized billing of charges for electricity or gas to each user in
accordance with the form and content of bills of the local publicly owned
electric or gas utility to its residential customers. The bill would require
a master-meter customer to separately bill for gas or electric service,
or both, and rent. The bill would prohibit amaster-meter customer from
charging a user of electricity or gas any late charge for nonpayment or
delayed payment of rent. The bill would require that any late charge
imposed by a master-meter customer for nonpayment or delayed
payment by a user for gas or electric service be in an amount that does
not exceed that which the local publicly owned electric or gas utility
would charge for nonpayment or delayed payment for electric or gas
service. The bill would provide that every master-meter customer
receiving electric or gas service from a local publicly owned electric
or gas utility is responsible for maintenance and repair of its submeter
facilities beyond the master-meter. The bill would authorize the Public
Unities Commission, if it finds that amaster-meter customer has failed
to maintain or repair its submeter facilities beyond the master-meter,
to order the master-meter customer to maintain or repair those facilities
and would authorize the commission, in addition to the commission's
authority to make or enforce orders pursuant to the Public Utilities Act,
to order that moneys received as a result of a master-meter discount
provided by a local publicly owned electric or gas utility be held in trust
to be expended for maintenance and repair of the submeter facilities.
The bill would require a local publicly owned electric or gas utility to
notify each master-meter customer of these obligations. By placing
additional requirements upon local publicly owned electric and gas
utilities, the bill would impose astate-mandated local program.
(3) The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act
for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
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The people of the State of California do enact as follows:
1 SECTION 1. Section 739.5 of the Public Utilities Code is
2 amended to read:
3 739.5. (a) (IJ The commission shall require that, whenever
4 gas or electric service, or both, is provided by a master-meter
5 customer to users who ase tenants of a mobilehome park, apartment
6 building, or similar residential complex, the master-meter customer
7 shall charge each user of the service at the same rate that would
8 be applicable if the user were receiving gas or electricity, or both,
9 directly from the gas or electrical corporation.~he
10 (2) The commission shall require the electrical or gas
I1 corporation furnishing service to the master-meter customer to
12 establish uniform rates for master-meter service at a level that will
13 provide a sufficient differential to cover the reasonable average
14 costs to master-meter customers of providing submeter service,
15 except that these costs shall not exceed the average cost that the
16 corporation would have incurred in providing comparable services
17 directly to the users of the service.
18 (b) Every master-meter customer of a gas or electrical
19 corporation subject to subdivision (a) who, on or after January 1,
20 1978, receives any rebate from the corporation shall distribute to,
21 or credit to the account of, each current user served by the
22 master-meter customer that portion of the rebate which the amount
23 of gas or electricity, or both, consumed by the user during the last
24 billing period beass to the total amount furnished by the corporation
25 to the master-meter customer during that period.
26 (c) An electrical or gas corporation furnishing service to a
27 master-meter customer shall furnish to each user of the service
28 within a submetered system every public safety customer service
29 which it provides beyond the meter to its other residential
30 customers. The corporation shall furnish a list of those services to
31 the master-meter customer who shall post the list in a conspicuous
32 place accessible to all users. Every corporation shall provide these
33 public safety customer services to each user of electrical or gas
34 service under a submetered system without additional charge unless
35 the corporation has included the average cost of these services in
36 the rate differential provided to the master-meter customer on
37 January 1, 1984, in which case the commission shall deduct the
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average cost of providing these public safety customer services
when approving rate differentials for master-meter customers.
(d) (1) Every master-meter customer is responsible for
maintenance and repair of its submeter facilities beyond the
master-meter, and nothing in this section requires an electrical or
gas corporation to make repairs to or perform maintenance on the
submeter system.
(2) If the commission finds that amaster-meter customer has
failed to maintain or repair its submeter facilities beyond the
master-meter, the commission may order the master-meter
customer to maintain or repair those facilities.
(3) Zn addition to any authority granted the commission to make
or enforce orders pursuant to Chapter 11 (commencing with
Section 2100), if the commission finds that amaster-meter customer
has failed to maintain or repair its submeter facilities beyond the
master-meter, the commission may order that the rate differential
established pursuant to subdivision (a) be held in trust to be
expended for maintenance and repair of the submeter facilities.
(e) (I) Every master-meter customer shall provide an itemized
billing of charges for electricity or gas, or both, to each
user generally in accordance with the form and content of bills of
the corporation to its residential customers, including, but not
limited to, the opening and closing readings for the meter, and the
identification of all rates and quantities atkributable to each block
in the applicable rate structure. The master-meter customer shall
also post, in a conspicuous place, the applicable prevailing
residential gas or electrical rate schedule, as published by the
corporation.
(2) Notwithstanding any otherprovision of law, a master-meter
customer shall separately bill each userfor gas or electric service,
or both, and rent. Amaster-meter customer shall not charge a user
of electricity or gas any late charge for gas or electric service as
a result of nonpayment or delayed payment of rent. For
nonpayment of delayed payment of gas or electric service by a
user, the master-meter customer may impose a late charge up to
an amount that does not exceed that which the electrical or gas
corporation would charge for nonpayment or delayed payment
for electric or gas service.
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1 (f) The commission shall require that every electrical and gas
2 corporation shall notify each master-meter customer of its
3 responsibilities to its users under this section.
4 (g) The commission shall accept and respond to complaints
5 concerning the requirements of this section through the consumer
6 affairs branch, in addition to any other staff that the commission
7 deems necessary to assist the complainant. In responding to the
8 complaint, the commission shall consider the role that the office
9 of the county sealer in the complainant's county of residence may
10 have in helping to resolve the complaint-and, where appropriate,
I 1 coordinate with that office.
12 (h) Notwithstanding any other provision of law or decision of
13 the commission, the commission shall not deny eligibility for the
14 California Alternative Rates for Energy (CARE) program, created
15 pursuant to Section 739.1, for a residential user of gas or electric
16 service who is a submetered resident or tenant served by a
17 master-meter customer on the basis that some residentialunits in
18 the master-meter customer's mobilehome park, apartment building,
19 or similar residential complex do not receive gas or electric service
20 through a submetered system.
21 SEC. 2. The heading of Chapter 1 (commencing with Section
22 9500) is added to Division 4.8 of the Public Utilities Code, to read:
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24 CHAPTER I. WEATHERIZATION SERVICES
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26 SEC. 3. Chapter 2 (commencing with Section 9505) is added
27 to Division 4.8 of the Public Utilities Code, to read:
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29 CHAPTER 2. MASTER-METER CUSTOMERS
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31 9505. (a) (1) Whenever gas or electric service, or both, is
32 provided by a master-meter customer to users who are tenants of
33 a mobilehome park, aparhnenf building, or similar residential
34 complex, the master-meter customer shall charge each user of the
35 service at the same rate that would be applicable if the user were
36 receiving gas or electricity, or both, directly from a local publicly
37 owned electric or gas utility.
38 (2) Notwithstanding any other provision of law, a master-meter
39 customer shall separately bill each user for gas or electricity
40 service, or both, and rent. Amaster-meter customer shall not charge
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1 a user of electricity or gas any late charge for gas or electric service
2 as a result of nonpayment or delayed payment of rent. For
3 nonpayment or delayed payment of gas or electric service by a
4 user, the master-meter customer may impose a late charge up to
5 an amount that does not exceed that which the local publicly owned
6 electric or gas utility would charge for nonpayment or delayed
7 payment for electric or gas service.
8 (b) Every master-meter customer of a gas or electrical
9 corporation subject to subdivision (a) who receives any rebate
10 from the local publicly owned electric or gas utility shall distribute
11 to, or credit to the account of, each current user served by the
12 master-meter customer that portion of the rebate which the amount
13 of gas or electricity, or both, consumed by the user during the last
14 billing period bears to the total amount furnished by the utility to
15 the master-meter customer during that period.
16 (c) (1) Every master-meter customer is responsible for
17 maintenance and repair of its submeter facilities beyond the
18 master-meter, and nothing in this section requires a local publicly
19 owned electric or gas utility to make repairs to or perform
20 maintenance on the submeter system. For purposes of this
21 subdivision only, amaster-meter customer of a local publicly
22 owned electric or gas utility is subject to the jurisdiction of the
23 commission.
24 (2) If the commission finds that amaster-meter customer has
25 failed to maintain or repair its submeter facilities beyond the
26 master-meter, the commission may order the master-meter
27 customer to maintain or repair those facilities.
28 (3) In addition to any authority granted the commission to make
29 or enforce orders pursuant to Chapter 11 (commencing with Section
30 2100), if the commission finds that amaster-meter customer has
31 failed to maintain or repair its submeter facilities beyond the
32 master-meter, the commission may order that any master-meter.
33 discount provided to the master-meter customer by a local publicly
34 owned electric or gas utility be held in trust to be expended for
35 maintenance and repair of the submeter facilities.
36 (d) Every master-meter customer shall provide an itemized
37 billing of charges for electricity or gas, or both, to each user
38 generally in accordance with the form and content of bills of the
39 local publicly owned electric or gas utility to its residential
40 customers, including the opening and closing readings for the
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meter, and the identification of all rates and quantities attributable
to each block in the applicable rate structure. The master-meter
customer shall also post, in a conspicuous place, the applicable
prevailing residential gas or electrical rate schedule, as published
by the utility.
(e) A local publicly owned electric or gas utility shall notify
each master-meter customer of its responsibilities to its users under
this section.
(f) The commission shall accept and respond to complaints of
users of a mater-meter customer concerning the requirements of
subdivision (c) through the consumer affairs branch, in addition
to any other staff that the commission deems necessary to assist
the complainant. In responding to the complaint, the commission
shall consider the role that the office of the county sealer in the
complainant's county of residence may have in helping to resolve
the complaint and, where appropriate, coordinate with that office.
SEC. 4. Section 12821.5 of the Public Utilities Code is
repealed.
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SEC. 5. No reimbursement is required by this act pursuant to
Section 6 ofArticle XIIIB of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates-anew crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of
the Government Code, or changes the definition of a crime within
the meaning of Section 6 of Article XIII B of the California
Constitution.
O
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SENATE BILL
Introduced by Senator Cedillo
February 27, 2009
No. 595
An act to amend Section 50675.5 of, and to add Part 14 (commencing
with Section 53600) to Division 31 of, the Health and Safety Code,
relating to housing, by providing the funds necessary therefor through
the issuance and sale of bonds to the State of California and by pTOViding
the handling and disposition of those funds, and declaring the urgency
thereof, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
SB 595, as introduced, Cedillo. Homeless Veterans Housing and
Supportive Services Act of 2010.
(1) Existing law establishes the Multifamily Housing Program under
the administration of the Department of Housing and Community
Development to provide assistance to housing projects in the form of
a deferred payment loan to pay for the eligible costs of Specified
developments. Existing law includes as eligible costs, the cost of
developing dwelling units, transitional housing, and child care, and
after school care and social service facilities integrally linked to the
assisted dwelling units.
This bill would include as an eligible cost the cost of supportive
service facilities integrally linked to homeless veteran dwelling units
assisted pursuant to the Homeless Veterans Housing and Supportive
Services Act of 2010.
(2j Under existing law, there are programs providing assistance for,
among other. things, multifamily housing, emergency housing,
farmworker housing, home ownership for very low and low-income
households, and downpayment assistance for first-time home buyers.
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This bill would enact the Homeless Veterans Housing and Supportive
Services Act of 2010, which, if adopted, would authorize the issuance
of bonds in the amount of $1,500,000,000 pursuant to the State General
Obligation Bond Law. Proceeds from the sale of these bonds would be
used to finance supportive housing projects for homeless veterans, or
veterans at risk of homelessness, with incomes below limits determined
by the Department of Housing and Community Development.
The bill would provide for submission of the bond act to the voters
at the November 2, 2010, statewide general election in accordance with
specified law.
(3) This bill. would declare that it is to take effect immediately as an
urgency statute.
Vote: z/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
The people of the State of California do enact as follows:
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SECTION 1. (a) The Legislature finds and declares all of the
following:
(1) Approximately 30,000 to 55,000 veterans are homeless in
California on any given night. Approximately twice that number
experience homelessness in California over the course of a year.
(2) Approximately 2 percent of California's veterans are
homeless; only one state has a larger percentage of homeless
veterans.
(3) Veterans are disproportionately represented among the
homeless. Recent statistics show that nationwide, veterans comprise
26 percent of the total homeless population, while representing
only 11 percent of the population as a whole. Another recent study
found that female veterans are two to four times more at risk of
homelessness than female nonveterans.
(4) Lack of support and social isolation following discharge are
the greatest risk factors for homelessness among veterans. Other
risk factors include physical disability, mental disability, often
coupled with substance abuse, and the highoost of housing relative
to income, especially for extremely low-income veterans. Recent
veterans of Operation Enduring Freedom (Afghanistan) and
Operation Iraqi Freedom suffer in large numbers from
post-traumatic stress disorder (PTSD) and traumatic brain injury
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(TBI), both of which may lead to problems and disabilities that
ultimately result in homelessness.
(5) Supportive housing combines permanent affordable housing
with services, including mental and physical health, employment
training, substance abuse recovery, readjustment counseling, and
therapy for PTSD, TBI, or other service-related trauma. Supportive
housing is an efficient and effective method to reduce chronic
homelessness.
(6) The Department of Housing and Community Development,
through the existing Multifamily Housing Program, provides
financial assistance to supportive housing providers. The
Department of Veterans Affairs is the state's point of contact for
homeless veterans, providing outreach and resource referrals for
homeless veterans and agencies.
(7) Since the end of World War I, the people of the state have
acknowledged the sacrifices made by our veterans, and manifested
its appreciation for those sacrifices through various home and farm
purchase programs. Veterans who are not in a position to purchase
a home also deserve the appreciation and recognitionpf the people
for their sacrifices.
(8) There is currently an urgent need to provide affordable
housing with supportive services for California's extremely
low-income homeless veterans.
(9) There is a critical need to provide financial assistance to
build permanent supportive housing for homeless veterans,
maintain that housing in a decent and safe condition at an
affordable level to extremely low-income veterans, and ensure the
long-term provision of appropriate supportive services.
SEC. 2. Section 50675.5 of the Health and Safety Code is
amended to read:
50675.5. (a) Eligible costs shall includ
dweH~ng-units all of the following:
(a) The cost of developing dwelling units, transitional housing,
and child care.
(b) The cost of after school care and social service facilities
integrally linked to the assisted dwelling units.
(c) The cost of supportive services integrally linked to units
assisted pursuant to Part 14 (commencing with Section 53600).
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2 (d) Eligible cost categories shall include all of the following:
3 (1) Real property acquisition, including refinancing of existing
4 debt to the extent necessary to reduce debt service to a level
5 consistent with the provision of affordable rents and the fiscal
6 integrity of the project.
7 (2) New construction or rehabilitation, including the conversion
8 of nonresidential structures to residential use.
9 (3) General property improvements that are necessary to correct
10 unsafe, unhealthy, or unsanitary conditions, including renovations
11 and remodeling, including, but not limited to, remodeling of
12 kitchens and bathrooms, installation of new appliances,
13 landscaping, and purchase or installation of central air conditioning.
14 (4) Necessary and related onsite and offsite improvements.
15 (5) Reasonable developer fees.
16 (6) Reasonable consulting costs.
17 (7) Initial operating costs for housing units.
18 (8) Capitalized reserves for replacement and operation. The
19 department may allow capitalized operating reserves to be used
20 for rent subsidies for assisted units reserved for occupancy by
21 households with incomes below limits determined by the
22 department,
23 ~'~'~. The department may also allow capitalized
24 operating reserves to be used for supportive services for units
25 assisted parrsuant to Part 14 (commencing with Section 53600).
26 (9) Any other costs of rehabilitation or new construction
27 authorized by the department.
28 SEC. 3. Part 14 (commencing with Section 53600) is added to
29 Division 31 of the Health and Safety Code, to read:
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31 PART 14. HOMELESS VETERANS HOUSING AND
32 SUPPORTIVE SERVICES ACT OF 2010-
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34 CHAPTER I. GENERAL PROVISIONS
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36 53600. This part shall be known and may be cited as the
37 Homeless Veterans Housing and Supportive Services Act of 2010.
38 53601. As used in this part, the following terms have the
39 following meanings:
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(a) "Committee" means the Veterans Supportive Housing Trust
Fund Finance Committee created pursuant Section 53624.
(b) "Fund" meari the Veterans Supportive Housing Trust Fund
created pursuant to Section 53620.
(c) "Veteran" has the same meaning as defined in Section 980
of the Military and Veterans Code.
CHAPTER 2. HOMELESS VETERANS TAUST FUND
53620. The Veterans Supportive Housing Trust Fund is hereby
created. The proceeds. of bonds issued and sold pursuant to this
part shall be deposited in the fund. Proceeds of bonds deposited
in the fund shall be allocated and utilized in accordance with
Chapter 4 (commencing with Section 53633).
CHAPTER 3. FISCAL PROVISIONS
53621. Bonds in the total amount of one billion five hundred
million dollars ($1,500,000,000) exclusive of refunding bonds, or
the amount that is determined necessary and feasible by the
committee in order to effectuate this part or to conduct an effective
sale, may be issued and sold to provide a fund to be used for
carrying out the purposes expressed in this part and to be used to
reimburse the General Obligation Bond Expense Revolving Fund
pursuant to Section 16724.5 of the Government Code. The bonds
shall, when sold, be and constitute a valid legally-and binding
obligation of the state, and the full faith and credit of the state is
hereby pledged for the punctual payment of both principal of, and
interest on, the bonds as the principal and interest become due and
payable.
53622. Any bonds issued and sold pursuant to this part may
be refunded by the issuance of refunding bonds in accordance with
Article 6 (commencing with Section 16780) of Chapter 4 of Part
3 of Division 4 of Title 2 of the Government Code. Approval by
the electors of the state for the issuance of bonds described in this
chapter shall include the approval of the issuance of any bonds
issued to refund any bonds originally issued or any previously
issued refunding bonds.
53623. (a) The bonds authorized by this part shall be prepared,
executed, issued, sold, paid, and redeemed as provided in the State
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General Obligation Bond Law (Chapter 4 (commencing with
Section 16720) of Part 3 of Division 4 of Title 2 of the Government
Code), except subdivision (a) of Section 16727 to the extent that
it is inconsistent with this part, and all of the other provisions of
that law apply to the bonds and to this part and are hereby
incorporated in this part as though set forth in full in thiapart.
(b) Pursuant to the State General Obligation Bond Law, the cost
of bond issuance shall be paid out of the bond proceeds. These
costs shall be shared proportionally by each program funded
through this chapter.
53624. (a) Solely for the purpose of authorizing the issuance
and sale, pursuant to the State General Obligation Bond Law, of
the bonds authorized by this part, the Veterans Supportive Housing
Trust Fund Finance Committee is hereby created. For purposes of
this part, the Veterans Supportive Housing Trust Fund Finance
Committee is "the committee" as that term is used in the State
:General Obligation Bond Law. The committee consists of the
Controller, the Treasurer, the Director of Finance, the Director of
Veterans Affairs, and the Director of Housing and Community
Development, or their designated representatives. The Treasurer
shall serve as the chairperson of the committee. A majority of the
committee may act for the committee.
(b) For purposes of the State General Obligation Bond Law, the
Department of Housing and Community Development is designated
the "board."
53625. Upon request of the board stating that funds are needed
for the purposes of this chapter, the committee shall determine
whether or not it is necessary or desirable to issue bonds authorized
pursuant to this part in order to carry out the actions specified in
Chapter 4 (commencing with Section 53633) and, if so, the amount
of bonds to be issued and sold. Successive issues of bonds maybe
authorized and sold to carry out those actions progressively, and
it is not necessary that all of the bonds authorized to be issued be
sold at any one time.
53626. There shall be collected each year and in the same
manner and at the same time as other state revenue is collected,
in addition to the ordinary revenues of the state, a sum in an amount
required to pay the principal of, and interest on, the bonds each
year, and it is the duty of all officers charged by law with any duty
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in regard to the collection of the revenue to do and perform each
and every act that is necessary to collect that additional sum.
53627. Notwithstanding Section 13340 of the Government
Code, there is hereby appropriated from the General Fund, for the
purposes of this part, an amount that will equal the total of the
following:
(a) The sum annually necessary to pay the principal of, and
interest on, bonds issued and sold pursuant to this part, as the
principal and interest become due and payable.
(b) The sum necessary to carry out the provisions of Section
53628, appropriated without regard to fiscal years.
53628. For the purposes of this part, the Director of Finance
may authorize the withdrawal from the General Fund of an amount
or amounts not to exceed the amount of the unsold bonds that have
been authorized by the committee to be sold for the purpose of
carrying out this part. Any amounts withdrawn shall be deposited
in the fund. Any money made available under this section shall be
returned to the General Fund from money received from the sale
of bonds for the purpose of carrying out this part.
53629. Notwithstanding any other provision of this part, or of
the State General Obligation Bond I:aw, if the Treasurer sells bonds
pursuant to this part that include a bond counsel opinion to the
effect that the interest on the bonds is excluded from gross income
for federal tax purposes under designated conditions, the Treasurer
may maintain separate accounts for the bond proceeds invested
and the investment earnings on those proceeds, and may use or
direct the use of those proceeds or earnings to pay any rebate,
penalty, or other payment required under federal law, or take any
other action with respect to the investment and use of those bond
proceeds, as may be required or desirable under federal law in
order to maintain the tax exempt status of those bonds and to obtain
any other advantage under federal law on behalf of the funds of
this state.
53630. The board may request the Pooled Money Investment
Board to make a loan from the Pooled Money Investment Account,
in accordance with Section 16312 of the Government Code, for
the purposes of carrying out this part. The amount of the request
shall not exceed the amount of unsold bonds that the committee
has by resolution authorized to be sold for the purpose of carrying
out this part. The board shall execute any documents that are
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1 required by the Pooled Money Investment Board to obtain and
2 repay the loan. Any amounts loaned shall be deposited in the fund
3 to be allocated by the board in accordance with this part.
4 53631. All money deposited in the fund that is derived from
5 premiums and accrued interest on bonds sold shall be reserved in
6 the fund and shall be available for transfer to the General Fund as
7 a credit to expenditures for bond interest.
8 53632. The Legislature hereby finds and declares that,
9 inasmuch. as the proceeds from the sale of bonds authorized by
10 this part are not "proceeds of taxes" as that term is used in Article
1 I XIII B of the California Constitution, the disbursement of these
12 proceeds is not subject to the limitations imposed by that article.
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1.4 CHAPTER 4. ALLOCATION OF VETERANS SUPPORTIVE HOUSING
IS BOND REVENUES
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17 53633. (a) Money deposited in the fund from the sale of bonds
18 pursuant to this part shall be transferred to the Housing
19 Rehabilitation Loan Fund to be expended for the Multifamily
20 Housing Program authorized by Chapter 6.7 (commencing with
21 Section 50675) of Part 2, to be used for supportive housing projects
22 for homeless veterans, or veterans at risk of homelessness, with
23 incomes below limits determined by the department, which shall
24 not exceed the income limit for extremely low income households.
25 The department may provide for higher per-unit loan limits as
26 reasonably necessary to provide and maintain rents affordable to
27 those individuals and households. For purposes of this subdivision,
28 "supportive housing" means housing with no limit on length of
29 stay, that is occupied by veterans as described above, and that is
30 linked to onsite or offsite services that assist the tenant to retain
31 the housing, improve his or her health status, including treatment
32 for military service-related needs, readjustment counseling, therapy
33 for post-traumatic stress disorder, traumatic brain injury, and other
34 trauma, and maximize his or her ability to live, and, when possible,
35 work in the community. Units assisted under the program may be
36 combined in residential and mixed use projects with other assisted
37 and nonassisted units. The department shall adopt guidelines for
38 the program that, among other things, shall maximize the number
39 of units assisted, promote the long-term availability of supportive
40 services, limit the expenditure of funds for administrative costs,
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1 and maximize the leverage of public and private financing sources.
2 The guidelines adopted by the department shall not be subject to
3 the requirements of Chapter 6.5 (commencing with Section 11340)
4 of Part 1 of Division 3 of Title 2 of the Government Code.
5 (b) No portion of the money allocated pursuant to this section
6 may be expended for project operating costs; however, this section
7 does not preclude expenditures for capitalized operating or service
8 costs.
9 (c) The Legislature may, from time to time, amend the
10 provisions of law related to programs to which funds are, or have
11 been, allocated pursuant to this section for the purpose of
12 improving the efficiency and effectiveness of the program, or for
13 the purpose of furthering the goals of the program.
14 (d) The Bureau of State Audits shall conduct periodic audits to
15 ensure that bond proceeds are awarded in a timely fashion and in
16 a manner consistent with the requirements of this part, and that
17 awardees of bond proceeds are using funds in compliance with
18 applicable provisions of this part.
19 SEC. 4. Section 3 of this act shall become operative upon the
20 adoption by the voters of the Homeless Veterans Housing and
21 Supportive Services Act of 2010, as set forth in Section 3 of this
22 act.
23 SEC. 5. Section 3 of this act shall be submitted to the voters
24 at the November 2, 2010, statewide general election in accordance
25 with provisions of the Government Code and the Elections Code.
26 governing the submission of statewide measures to the voters.
27 SEC. 6. (a) Notwithstanding any other provision of law, all
28 ballots of the election shall have printed thereon and in a square
29 thereof, the words: "Homeless Veterans Housing and Supportive
30 Services Act of 2010," and in the same square under those words,
31 the following in 8-point type: "This act provides for a bond issue
32 of one billion five hundred million dollars ($1,500,000,000) to
33 provide funds for supportive housing projects for homeless veterans
34 or veterans at risk of homelessness, with incomes below limits.
35 determined by the Department of Housing and Community
36 Development." Opposite the square, there shall be left spaces in
37 which the voters may place a cross in the manner required by law
38 to indicate whether they vote for or against the act.
39 (b) Where the voting in the election is done by means of voting
40 machines used pursuant to law in a manner that carries out the
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intent of this section, the use of the voting machines and the
expression ofthe voters' choice by means thereof are incompliance
with this section.
SEC: 7. It is the intent of the Legislature that, to the extent
funds authorized by this act are available to local governmental
entities, federally recognized California Indian tribes shall also be
eligible to apply for those funds, be considered on the merits of
the application, and receive and expend those funds.
SEC. 8. This act is an urgency statute necessary for the
immediate preservation of the public peace, health, or safety within
the meaning of Article IV of the Constitution and shall go into
immediate effect. The facts constituting the necessity are:
In order to provide for the submission of Section 3 of this act to
the voters at the November 2, 2010, statewide general election,
and to implement other housing and related programs in a timely
manner, it is necessary that this act take effect immediately.
O
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CALIFORNIA LEGISLATURE-2009-10 REGULAR SESSION
ASSEMBLY BILL No. 1084
Introduced by Assembly Member Adams
February 27, 2009
An act to amend Sections 66000, 66001, 66002, 66006, 66016, and
66018 of the Government Code, relating to local planning.
LEGISLATIVE COUNSEL'S DIGEST
AB 1084, as introduced, Adams. Local planning: development
projects: fees.
(1) The Mitigation Fee Act authorizes a local agency to charge a
variety of fees, dedications, reservations, or other exactions in
connection with the approval of a development project, as defined. A
"fee" is defined to mean a monetary exaction other than a tax or special
assessment, as specified, that is charged by a local agency to the
applicant in connection with approval of a development project for the
purpose of defraying all or a portion of the cost of public facilities
related to the development project. "Public facilities" is defined to
include public improvements, public services, and community amenities.
This bill would revise the definition of "fee" to mean a chazge or
other exaction, including a dedication, reservation, set-aside, or
contribution of real or personal property or services, including a
monetary exaction other than a tax or special assessment, as specified,
that is charged by a local agency, including a local agency that does
not itself approve the development project, to the applicant in connection
with. the development project or as a condition of approval of a
development project for the purpose of defraying all or a portion of the
cost of public facilities related to the development project. "Public
facilities" would be defined to include public improvements, public
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services, community amenities, and measures intended to mitigate or
alleviate the effects of the development project, whether or not owned
or controlled by a public agency..
(2) The Mitigation Fee Act provides that in any action establishing,
increasing, or imposing a fee as a condition of approval of a
development project by a local agency, the local agency is required to
determine how there is reasonable relationship between the amount of
the fee and the cost of public facility or portion of the public facility
attributable to the development project on which the fee is imposed.
This bill would provide that in any action -whether ministerial,
discretionary, adjudicatory, or legislative -establishing, extending,
amending, increasing, or imposing a fee, the local agency would be
required to determine, prior to imposing the fee, how there is a
reasonable relationship between the amount of the fee and the cost of
the public facility or portion of the public facility attributable to the
development on which the fee is imposed. Fees would be authorized to
be simultaneously adopted, imposed, or collected to finance more than
one of the categories of facilities or improvements, as specified, provided
that each category of facilities or improvements separately complies
with specified conditions, and those fees would be prohibited to be
commingled. If a request is made to revise or update fees, as specified,
a local agency would be required to revise or update the fees in writing
and provide substantial evidence in the record demonstrating that the
new fees comply with specified provisions. A local agency would not
be required to update the fees more frequently than every 12 months.
Any costs incurred by a local agency to revise or update the fee would
be allowed to be recovered as part of the fees. By adding to the duties
of local officials, this bill would impose astate-mandated local program.
(3) The Mitigation Fee Act provides that a local agency that levies
a fee subject to the act may adopt a capital improvement plan that
indicates the approximate location, size, time of availability, and
estimates of cost for all facilities or improvements to be financed with
the fees.
This bill would require a local agency that levies a fee subject to the
act to first adopt a capital improvement plan that would be required to
identify the purpose or function of any public facilities for any fees that
are to be imposed and that already is required to indicate the approximate
location; size, time of availability,. and estimates of cost for all facilities
or improvements to be financed with the fees. The fees chasged pursuant
to the act would be authorized to include the costs reasonably necessary
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to prepare and revise the capital improvement plan. By adding to the
duties of local officials, this bill would impose astate-mandated local
program.
(4) The Mitigation Fee Act requires that, at the time the local agency
imposes a fee for public improvements on a specific development
project, the local agency is required to identify the public improvement
that the fee will be used to finance.
This bill instead would require that, at the time the local agency
imposes a fee for public improvements on or in connection with a
specific development project, the local agency identify the public
improvement that the fee will be used to finance. A party against whom
a fee is to be imposed would be required to have the opportunity for a
hearing to appeal the fee, as specified. By adding to the duties of local
officials, this bill would impose astate-mandated local program.
(5) The Mitigation Fee Act requires a local agency, prior to lerying
a new fee or service charge, or prior to approving an increase in an
existing fee or service charge, to hold at least one open and public
meeting, as specified. At least 14 days prior to the meeting, the local
agency is required to mail notice of the time and place of the meeting,
as specified, to any interested party who files a written request with the
local agency for mailed notice. At least 10 days prior to the meeting,
the local agency is required to make available public data indicating
the amount of cost, or estimated costs, required to provide the service
for which the fee or service charge is levied and the revenue sources
anticipated to provide the service.
This bill instead would require that at least 45 days prior to the first
meeting, the local agency is required to mail notice of the time and
place of the meeting, as specified, to any interested party who files a
written request with the local agency for mailed notice. The local agency
would be required to make available, at least 45 days prior to the first
meeting, public data indicating the amount of cost, or estimated costs,
required to provide the. service for which the fee or service charge is
levied and the revenue sources anticipated to provide the service.
(6) The. Mitigation Fee Act requires a local agency, prior to adopting
an ordinance, resolution, or other legislative enactment adopting a new
fee or approving an increase in an existing fee subject to the act, to hold
a public hearing, as specified.
This bill would require notice of the time and place of the meeting,
as specified, and a statement that specified data is available to be mailed
at least 45 days prior to the first meetirig to any interested party who
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files a written request-with the local agency for mailed notice of the
meeting on new- extended, amended, or increased fees. Any written
request for mailed notices would be required to be valid for one year
from the date on which it is filed unless a renewal request is filed.
Renewal requests for mailed notices would be required to be filed on
or before April 1 of each year. The legislative body would be authorized
to establish a reasonable annual charge for sending notices based on
the estimated cost of providing the service. At least 45 days prior to the
first meeting, the local agency would be required to make available to
the public the capital improvement plan and nexus study, or similar
written report; and all documentation relating to the findings required
by this act, as well as data indicating the amount of cost, or estimated
cost, required to provide the public facilities, as defined, for which the
fee is proposed to be enacted, extended, amended, or increased and the
revenue sources anticipated to fund those public facilitiesy including
General Fund revenues. The new or increased fee would be required to
be effective no sooner than 60 days following the final action on the
adoption or increase of the fee. By adding to the duties of local officials,
this bill would impose astate-mandated local program.
(7) The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act
for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
The people of the State of California do enact as follows:
1 SECTION 1. Section 66000 of the Government Code is
2 amended to read:
3 66000. As used in this chapter, the following terms have the
4 following meanings:
5 (a) "Development project" means any project undertaken for
6 the purpose of development. "Development project" includes a
7 project involving the issuance of a permit for construction or
8 reconstruction, but not a permit to operate.
9 (b) "Fee" means a charge or other exaction, including a
10 dedication, reservation, set-aside, or contribution of real or
11 personal property or services, including a monetary exaction other
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than a tax or special assessment, whether established for a broad
class ofprojects by legislation of general applicability or imposed
on a specific project on an ad hoc basis or pursuant to a schedule
or formula ofgeneral application, that is charged by a local agency,
including a Zocal agency that does not itself approve the
development project, to the applicant in connection with the
development project or as a condition of approval of a development
project for the purpose of defraying all or a portion of the cost of
public facilities orfor any otherpurpose related to the development
project, but does not include fees specified in Section 66477, fees
for processing applications for governmental regulatory actions
or approvals, fees collected under development agreements adopted
pursuant to Article 2.5 (commencing with Section 55864) of
Chapter 4, or fees collected pursuant to agreements with
redevelopment agencies that provide for the redevelopment of
property in furtherance or for the benefit of a redevelopment project
for which a redevelopment plan has been adopted pursuant to the
Community Redevelopment Law (Part 1 (commencing with
Section 33000) of Division 24 of the Health and Safety Code).
(c) "Local agency" means a county, city, whether general law
or chartered, city and county, school district, special district,
authority, agency, any other municipal public corporation or
district, or other political subdivision of the state.
(d) "Public facilities" includes public improvements, public
services,~tnd community amenities, and measures intended to
mitigate or alleviate the effects of the development project, whether
or not owned or controlled by a public agency.
SEC. 2. Section 66001 of the Government Code is amended
to read:
66001. (a) In any action establishing,. extending, amending,
increasing, or imposing a fee
the local agency shall do
all of the following:
(1) Identify the purpose of the fee.
(2) Identify the use to which the fee is to be put. If the use is
financing public facilities, the facilities shall be identified. That
identification may, but need not, be made by reference to a capital
improvement plan as specified in Section 65403 or 66002, may
be made in applicable general or specific plan requirements, or
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may be made in other public documents that identify the public
facilities for which the fee is charged.
(3) Determine how there is a reasonable relationship between
the fee's use and the type of development project on which the fee
is imposed.
(4) Determine how there is a reasonable relationship between
the need for the public facility and the type of development project
on which the fee is imposed.
(b) In any action, whether .ministerial, discretionary,
adjudicatory, or legislative, imposing a fee as a condition of
approval of a development project by a local agency, prior to
imposing the fee, the local agency shall determine how there is a
reasonable relationship between the amount of the fee and the cost
of the public facility or portion of the public facility attributable
to the development on which the fee is imposed.
(c) Upon receipt of a fee subject to this section, the local agency
shall deposit, invest, account for, and expend the fees pursuant to
Section 66006. Fees may be simultaneously adopted, imposed, or
collected to finance more than one of the categories of facilities
or improvements ident~ed in subdivision (c),of Section 66002,
provided That each category of facilities or improvements
separately complies with this section -and those fees shall not be
commingled.
(d) (1) For the fifth fiscal year following the first deposit into
the account or fund, and every five years thereafter, the local
agency shall make all of the following findings with respect to that
portion of the account or fund remaining unexpended, whether
committed or uncommitted:
(A) Identify the purpose to which the fee is to be put.
(B) Demonstrate a reasonable relationship between the fee and
the purpose for which it is charged.
(C) Identify all sources and amounts of funding anticipated to
complete financing in incomplete improvements identified in
paragraph (2) of subdivision (a).
(D) Designate the approximate dates on which the funding
referred to in subparagraph (C) is expected to be deposited into .
the appropriate account or fund.
(2) When findings are required by this subdivision, they shall
be made in connection with the public information required by
subdivision (b) of Section 66006. The findings required by this
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1 subdivision need only be made for moneys in possession of the
2 local agency, and need not be made with respect to letters of credit,
3 bonds, or other instruments taken to secure payment of the fee at
4 a future date. I'f the findings are not made as required by this
5 subdivision, the local agency shall refund the moneys in the
6 account or fund as provided in subdivision (e).
7 (e) Except as provided in subdivision (f), when sufficient funds
8 have been collected, as determined pursuant to subparagraph (F)
9 of paragraph (1) of subdivision (b) of Section 66006, to complete
10 financing on incomplete public improvements identified in
11 paragraph (2) of subdivision (a), and the public improvements
12 remain incomplete, the local agency shall identify, within 180 days
13 of the determination that sufficient funds have been collected, an
14 approximate date by which the construction of the public
15 improvement will be commenced, or shall refund to the then
16 current record owner or owners of the lots or units, as identified
17 on the last equalized assessment roll, of the development project
18 or projects on a prorated basis, the unexpended portion of the fee,
19 and any interest accrued thereon. By means consistent with the
20 intent of this section, a local agency may refund the unexpended
21 revenues by direct payment, by providing a temporary suspension
22 of fees, or by any other seasonable means. The determination by
23 the governing body of the local agency of the means by which
24 those revenues are to be refunded is a legislative act.
25 (f) If the administrative costs of refunding unexpended revenues
26 pursuant to subdivision (e) exceed the amount to be refunded, the
27 local agency, after a public hearing, notice of which has been
28 published pursuant to Section 6061 and posted in three prominent
29 places within the area of the development project, may determine
30 that the revenues shall be allocated for some other purpose for
31 which fees are collected subject to this chapter and which serves
32 the project on which the fee was originally imposed.
33 (g) A fee shall not include the costs attributable to existing
34 deficiencies in public facilities, but may include the costs
35 attributable to the increased demand for public facilities reasonably
36 related to the development project in order to (1) refurbish existing
37 facilities to maintain the existing level of service or (2) achieve an
38 adopted level of service that is consistent with the general plan.
39 (h) Any person or entity that is or may be subject to payment of
40 a fee in the future, including an organization representing those
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1 people or entities, may request revisions or updates to fees adopted
2 pursuant to this section. If a request is made, a local agency shall
3 revise or update the fees in writing and provide substantial
4 evidence in the record demonstrating that the new fees comply
5 with subdivisions (a) and (b). The fees shall not be required to be
6 updated more frequently than every 12 months. Any costs incurred
7 by a local agency to revise or update the fee may be recovered as
8 part of the fees.
9 SEC. 3. Section 66002 of the Government Code is amended
10 to read:
1 I 66002. (a) Any local agency-~uhiek that levies a fee subject
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to Section 66001fzrst shall adopt a capital improvement plan,
which shall ident fy the purpose orfunction of any publicfacilities
for any fees that are to be imposed. The capital improvementplan
also shall indicate the approximate location, size, time of
availability, and estimates of cost for all facilities or improvements
to be financed with the fees.
(b) The capital improvement plan shall be adopted by, and shall
be annually updated by, a resolution of the governing body of the
local agency adopted at a noticed public hearing. Notice of the
hearing shall be given pursuant to Sectiori 65090. In addition,
mailed notice shall be given to any city or county-tvhieh that may
be significantly affected by the capital improvement plan. This
notice shall be given no later than the date the local agency notices
the public hearing pursuant to Section b5090. The information in
the notice shall be not less than the information contained in the
notice of public hearing and shall be given by first-class mail or
personal delivery.
(c) "Facility" or "improvement," as used in this section, means
any of the following:
(1) Public buildings, including schools and related facilities;
provided that school facilities shall not be included if Senate Bill
97 of the 1987-88 Regular Session is enacted and becomes
effective on or before January 1, 1988.
(2) Facilities for the storage, treatment, and distribution of
nonagricultural water.
(3) Facilities for the collection, treatment, reclamation, and
disposal of sewage.
(4) Facilities for the collection and disposal of storm waters and
for flood control purposes.
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1 (5) Facilities for the generation of electricity and the distribution
2 of gas and electricity.
3 (6) Transportation and transit facilities, including but not limited
4 to streets and supporting improvements, roads, overpasses, bridges,
5 harbors, ports, airports, and related facilities.
6 (7) Parks and recreation facilities.
7 (8) Any other capital project identified in the capital facilities
8 plan adopted pursuant to Section 66002.
9 (d) The fees charged pursuant to Section 66001 may include.
10 the costs reasonably necessary to prepare and revise the capital
I 1 improvement plan.
12 SEC. 4. Section 66006 of the Government Code is amended
13 to read:
14 66006. (a) If a local agency requires the payment of a fee
15 specified in subdivision (c) in connection with the approval of a
16 development project, the local agency receiving the fee shall
17 deposit it with the other fees for the improvement in a separate
18 capital facilities account or fund in a manner to avoid any
19 commingling of the fees with other revenues and funds of the local
20 agency, except for temporary investments, and expend those fees
21 solely for the purpose for which the fee was collected. Any interest
22 income earned by moneys in the capital facilities account or fund
23 shall also be deposited in that account or fund and shall be
24 expended only for the purpose for which the fee was originally
25 collected.
26 (b) (1) For each separate account or fund established pursuant
27 to subdivision (a), the local agency shall, within 180 days after the
28 last day of each fiscal year, make available to the public. the
29 following information for the fiscal year:
30 (A) A brief description of the type of fee in the account or fund.
31 (B) The amount of the fee:
32 (C) The beginning and ending balance of the account or fund.
33 (D) The amount of the fees collected and the interest earned.
34 (E) An identification of each public improvement on which fees
35 were expended and the amount of the expenditures on each
36 improvement, including the total percentage of the cost of the
37 public improvement that was funded with fees.
38 (F) An identification of an approximate date by which the
39 construction of the public improvement will commence if the local
40 agency determines that sufficient funds have been collected to
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1 complete financing on an incomplete public improvement, as
2 identified in paragraph (2) of subdivision (a) of Section 66001,
3 and the public improvement remains incomplete.
4 (G) A description of each interfund transfer or loan made from
5 the account or fund, including the public improvement on which
6 the transferred or loaned fees will be expended, and, in the case
7 of an interfiznd loan,. the date on which the loan will be repaid, and
8 the rate of interest that the account or fund will receive on the loan.
9 (H) The amount of refunds made pursuant to subdivision (e) of
10 Section 66001 and any allocations pursuant to subdivision (f) of
11 Section 66001.
12 (2) The local agency shall review the information made available
13 to the public pursuant to paragraph (1) at the next regularly
14 scheduled public meeting not less than 15 days after this
15 information is made available to the public, as required by this
16 subdivision. Notice of the time and place of the meeting, including
17 the address where this information may be reviewed, shall be
18 mailed, at least 15 days prior to the meeting, to any interested party
19 who files a written request with the local agency for mailed notice
20 of the meeting: Any written request for mailed notices shall be
21 valid for one year from the date on which it is filed unless a renewal
22 request is filed. Renewal requests for mailed notices shall be filed
23 on or before April 1 of each year. The legislative body may
24 establish a reasonable annual charge for sending notices based on
25 the estimated cost of providing the service.
26 (c) For purposes of this section, "fee" means any fee imposed
27 to provide for an improvement to be constructed to serve a
28 development project, or which is a fee for public improvements
29 within the meaning of subdivision (b) of Section 66000, and that
30 is imposed by the local agency as a condition of approving the
31 development project.
32 (d) Any person may request an audit of any local agency fee or
33 charge that is subject to Section 66023, including fees or charges
34 of school districts, in accordance with that section.
35 (e) The Legislature finds and declares that untimely or improper
36 allocation of development fees hinders economic growth and is,
37 therefore, a matter of statewide interest and concern. It is, therefore,
38 the intent ofthe Legislature that this-seeEiaa chapter shall supersede
39 all conflicting local laws and shall apply in charter cities.
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1 (f) At the time the local agency imposes a fee for public
2 improvements on or in connection with a specific development
3 project, it shall identify the public improvement that the fee will
4 be used to finance. A party against whom a fee is to be imposed
5 shall have the opportunity for a hearing to appeal the fee. The
6 request shall state the grounds for the appeal. The appeal shall
7 be heard by the legislative body no sooner than 30 days following
8 the request.
9 SEC. 5. Section 66016 of the Government Code is amended
10 to read:
11 66016. (a) Prior to levying a new fee or service charge, or
12 prior to approving an increase in an existing fee or service charge,
13 a local agency shall hold at least one open and public meeting, at
14 which oral or written presentations can be made, as part of a
15 regularly scheduled meeting. Notice of the time and place of the
16 meeting, including a general explanation of the matter to be
17 considered, and a statement that the data required by this section
18 is available, shall be mailed at least~4 45 days prior to the first
19 meeting to any interested party who files a written request with
20 the local agency for mailed notice of the meeting on new or
21 increased fees or service charges. Any written request for mailed
22 notices shall he valid for one year from the date on which it is filed
23 unless a renewal request is filed. Renewal requests for mailed
24 notices shall be filed on or before April 1 of each year. The
25 legislative body may establish a reasonable annual charge for
26 sending notices based on the estimated cost of providing the
27 service. At least-IO 45 days prior to the first meeting, the local
28 agency shall make available to the public data indicating the
29 amount of cost, or estimated cost, required to provide the service
30 for which the fee or service charge is levied and the revenue
31 sources anticipated to provide the service, including General Fund
32 revenues. Unless there has been voter approval, as prescribed by
33 Section 66013 or 66014, no local agency shall levy a new fee or
34 service charge or increase an existing fee or service charge to an
35 amount-~whieh that exceeds the estimated amount required to
36 provide the service for which the fee or service charge is levied.
37 If, however, the fees or service charges create revenues in excess
38 of actual cost, those revenues shall be used to reduce the fee or
39 service charge creating the excess.
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1 (b) Any action by a local agency to levy a new fee or service
2 chazge or to approve an increase in an existing fee or service chazge
3 shall betaken only by ordinance or resolution. The legislative body
4 of a local agency shall not delegate the authority to adopt a new
5 fee or service charge, or to increase a fee or service charge.
6 (c) Any costs incurred by a local agency in conducting the
7 meeting or meetings required pursuant to subdivision (a) may be
8 recovered from fees chazged for the services which were the subject
9 of the meeting.
10 (d) This section shall apply only to fees and chazges as described
I1 in Sections 51287, 56383, 65104, 65456, 65584.1, 65863.7,
12 65909.5, 66013, 66014, and 66451.2 of this code, Sections 17951,
13 19132.3, and 19852 of the Health and Safety Code, Section 41901
14 of the Public Resources Code, and Section 21671.5 of the Public
15 Utilities Code.
16 (e) Any judicial action or proceeding to'attack, review, set aside,
17 void, or annul the ordinance, resolution, or motion levying a fee
18 or service charge subject to this section shall be brought pursuant
19 to Section 66022.
20 SEC. 6. Section 66018 of the Government Code is amended
21 to read:
22 66018. (a) Prior to adopting an ordinance, resolution; or other
23 legislative enactment adopting a new fee or
24 iti extending, amending, or increasing an existing fee to which this
25 section applies, a local agency shall hold a public hearing, at which
26 oral or written presentations can be made, as part of a regularly
27 scheduled meeting. Notice of the time and place of the meeting,
28 including a general explanation of the matter to be considered,
29 shall be published in accordance with Section 6062a. Notice of'the
30 time and place of the meeting, including a general explanation of
31 the matter to be considered, and a statement that the data required
32 by this section is available shall be mailed at least 45 days prior
33 to the first meeting to any interested party who files a written
34 request with the local agency for mailed notice of the meeting on
35 new, extended, amended, or increased fees. Any written request
36 for mailed notices shall be valid for one year from the date on
37 which it is filed unless a renewal request is filed. Renewal requests
38 for mailed notices shall be filed on or before April l of each year.
39 The legislative body may establish a reasonable annual charge
40 for sending notices based on the estimated costof providing the
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1 service. At least 45 days prior to thefirst meeting, the local agency
2 shall make available to the public the capital improvement plan
3 and nexus study, or similar written report, and all documentation
4 relating to the findings required pursuant to Section 66001, as
5 well as data indicating the amount of cost, or estimated cost,
6 required to provide the public facilities, as defined in Section
7 66000, for which the fee is proposed to be enacted, extended,
8 amended, or increased and the revenue sources anticipated to fund
9 those public facilities, including general fund revenues. The new
10 or increasedfee shall be effective no sooner than 60 days following
11 the final action on the adoption or increase of the fee.
12 (b) Any costs incurred by a local agency in conducting the
13 hearing required pursuant to subdivision (a) may be recovered as
14 part of the fees-v~Iriek that were the subject of the hearing.
15 (c) This section applies only to the adopting or increasing of
16 fees to which a specific statutory notice requirement, other than
17 Section 54954.2, does not apply.
18 (d) As used in this section, "fees" do not include rates or chazges
19 for water, sewer, or electrical service.
20 SEC. 7. No reimbursement is required by this act pursuant to
21 Section 6 ofArticle XIIIB of the California Constitution because
22 a local agency or school district has the authority to levy service
23 charges, fees, or assessments sufficient to pay for the program or
24 level of service mandated by this act, within the meaning of Section
25 17556 of the Government Code.
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SENATE BILL No. 763
Introduced by Senator Walters
February 27, 2009
An act to amend Section 66452.11 of, to repeal Section 66452.13 of,
and to add Sections 66452.14 and 66452.15 to, the Government Code,
relating to land use, and declaring the urgency thereof, to take effect
immediately.
LEGISLATIVE COUNSEL'S DIGEST
SB 763, as introduced, Walters. Land use: subdivision maps.
(1) The Subdivision Map Act establishes a statewide regulatory
framework for controlling the subdividing of land. It generally requires
a subdivider to submit, and have approved by the city, county, or city
and county in which the land is situated a tentative or vesting tentative
map, which confers a vested right to proceed with development in
substantial compliance with specified ordinances;. policies, and
standards. The act provides for the expiration of tentative or vesting
tentative maps, after specified periods of time, and specifically extends
by 12 months the expiration date of any tentative or vesting tentative
map or parcel map for which a tentative or vesting tentative map has
been approved that had not expired on May 15, 1996. This extension
is in addition to any other extension of the expiration date provided for
in specified provisions of the act. Any legislative, administrative, or
other approval by any local agency, state agency, or other political
subdivision of the state that pertains to a development project included
in a map that is extended is to be extended by 12 months under specified
conditions.
This bill would extend the applicable expiration date to 24 months,
as specified for any vesting tentative map, in addition to a tentative
map, generally. By adding to the procedures officials in counties, cities,
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SB 763 - 2 -
and cities and counties must follow, this bill would impose a
state-mandated local program.
(2) The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these statutory
provisions.
(3) This bill would declare that it is to take effect immediately as an
urgency statute.
Vote: z/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
The people of the State of California do enact as follows:
1 SECTION 1. Section 66452.11 of the Government Code is
2 amended to read:
3 66452.11. (a) The expiration date of any tentative or vesting
4 tentative subdivision map or parcel map for which a tentative or
5 vesting tentative map, as the case may be, has been approved that
6 has not expired on the date that the act that~dCls amends this
7 section becomes effective shall be extended by 24 months.
8 (b) The extension provided by subdivision (a) shall be in
9 addition to any extension of the expiration date provided for in
10 Section 66452.6 or 66463.5.
I1 (c) Any legislative, administrative, or other approval by any
12 state agency '` •L_ °`_`_ _~' !._,:r_._:_ that pertains to a
13 development project included in a map that is extended pursuant
14 to subdivision (a) shall be extended by 24 months if this approval
15 has not expired on the date that the act that~dds amends this
16 section becomes effective.
17 SEC: 2. Section 66452.13 of the Government Code is repealed.
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SEC. 3. Section 66452.14 is added to the Government Code,
to read:
66452.14. (a) Pursuant to the provisions of subparagraph (E)
of paragraph (2) of subdivision (a) of Section 66427.1, the
subdivider shall give written notice of the intent to convert 180
days prior to the termination of tenancy in the form outlined in
subdivision. (b), to each tenant of the subject property.
(b) The notice shall be as follows:
"To the occupant(s) of
(address)
The owner(s) of this building, at (address), plans to convert this
building to a (condominium, community apartment, or stock
cooperative project). This is a notice of the owner's intention to
convert the building to a (condominium, community apartment,
or stock cooperative project).
A tentative map to convert the building to a (condominium,
community apartment, or stock cooperative project) was approved
by the City on . If the City approves a final map, you
may be required to vacate the premises, but that cannot happen
for at least 180 days from the. date this notice was served upon
you.
Any future notice given to you to terminate your tenancy because
of the conversion cannot be effective for at least 180 days from
the date this notice was served upon you. This present notice is
not a notice to terminate your tenancy; it is not a notice that you
must now vacate the premises.
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SB 763
The written notices to tenants required by this section shall be
deemed satisfied if such notices comply with the legalrequirements
for service by mail.
SEC. 4. Section 66452.15 is added to the Government Code,
to read:
66452.15. (a) Pursuant to subparagraph (F) of paragraph (2)
of subdivision (a) of Section 66427.1, the subdivider shall give
written notice within five days after receipt of the subdivision
public report to each tenant of his or her exclusive right for at least
90 days after issuance of the subdivision public report to contract
for the purchase of his or her respective unit in the form outlined
in subdivision (b).
(b) The notice shall be as follows:
(signature of owner or owner's agent)
"To the occupant(s) of
(date)"
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(address)
The owner(s) of this building, at (address), have received the
final subdivision report on the proposed conversion of this building
to a (coridominium, community apartment, or stock cooperative
project). Commencing on the date of issuance of the subdivision
public report, you have the exclusive right for 90 days to contract
for the purchase of your rental unit upon the same or more
favorable terms and conditions than the unit will initially be offered
to the general public.
(signature of owner or owner's agent)
(date)"
The written notices to tenants required by this section shall be
deemed satisfied if the notices comply with the legal requirements
for service by mail.
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1 SEC. 5. If the Commission on State Mandates determines that
2 this act contains costs mandated by the state, reimbursement to
3 local agencies and school districts for those costs shall be made
4 pursuant to Part 7 (commencing with Section 17500) of Division
5 4 of Title 2 of the Government Code.
6 SEC. 6. This act is an urgency statute necessary for the
7 immediate preservation of the public peace, health, or safety within
8 the meaning of Article IV of the Constitution and shall go into
9 immediate effect. The facts constituting the necessity are:
]0 In order to permit cities, counties, and a city and county to
11 preserve development applications that are set to expire and that
12 cannot be processed presently due to prevailing adverse economic
13 conditions in the construction industry, it is necessary that this act
14 take immediate effect.
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