New Law mandates "Transit Oriented Development" and taxes YOU to pay for it! (and you can't stop it)

READ CAREFULLY-THIS BILL COULD HAVE A HUGE IMPACT ON OUR PLANNING EFFORTS-  Serious government overreach!

Assemblyman Marc Levine voted for this Bill!

What is Marc Levine thinking!?

 

SACRAMENTO WATCH, CONTINUING---Keep Your Eyes On SB628!!!

Here's a rewrite of last year's stalled Senate Bill 1 that's just as scary---unless you don't mind unelected bureaucrats of the Joint Powers Authorities (JPAs) being given increased power to refashion local communities in the transit oriented development (TOD) mode AS WELL AS TAXING LOCAL PROPERTY OWNERS TO PAY FOR IT.

This bill would create a new and potentially revolutionary financing mechanism to fund TOD projects without voter approval. As currently written, this is an act to add Section 53395.7.5 to the Government Code, relating to local planning.  It passed both the Assembly and the Senate in 2013 and has now been amended by the Assembly and passed again on July 3, 2014.  It has just been sent back to the Senate, where it is expected to pass again with the Assembly amendments shown below.

LEGISLATIVE COUNSEL'S DIGEST

SB 628, as amended, Beall. Infrastructure financing: transit priority projects.

Existing law establishes the Transit Priority Project Program, and authorizes a city or county to participate in the program by adopting an ordinance indicating its intent to participate in the program and by forming an infrastructure financing district. Existing law requires a city or county that elects to participate in the program to amend, if necessary, its general plan, and any related specific plan, to authorize participating developers to build at an increased height of a minimum of 3 stories within the newly created infrastructure financing district. Existing law exempts from these provisions a city or county that has adopted specified language in its charter, or by ordinance or resolution. Under existing law, a transit priority project that meets specified criteria is designated as a sustainable communities project, and is thus exempt from certain environmental review requirements.

This bill would eliminate the requirement of voter approval for the creation of an infrastructure financing district, the issuance of bonds, and the establishment or change of the appropriations limit with respect to a transit priority project. The bill would require a city or county that uses infrastructure financing district bonds to finance its transit priority project to use at least 25% of the associated property tax increment revenues for the purposes of increasing, improving, and preserving the supply of lower and moderate-income housing available in the district and occupied by persons and families of moderate-, low-, very low, and extremely low income. The bill would require the district to implement these affordable housing provisions in accordance with specified provisions of the Community Redevelopment Law, to the extent not inconsistent with the provisions governing infrastructure financing districts. The bill would require the adoption of an ordinance that would require the replacement of designated low-income dwelling units, upon their removal from the district, within 2 years of their displacement. The bill would set forth the findings and declarations of the Legislature, and the intent of the Legislature that the development of transit priority projects be environmentally conscious and sustainable, and that related construction meet or exceed the requirements of the California Green Building Standards Code.

The people of the State of California do enact as follows:

SECTION 1.

 (a) The Legislature finds and declares all of the following:

(1) The transportation sector contributes over 40 percent of the greenhouse gas emissions in the State of California.

(2) Greenhouse gas emissions from automobiles and light trucks can be substantially reduced by new vehicle technology and by the increased use of low-carbon fuel. However, even taking these measures into account, it will be necessary to achieve significant additional greenhouse gas reductions from changed land use patterns and improved transportation.

(3) California local governments need sustainable funding sources to accommodate transportation and land use planning and to develop projects that are consistent with the state’s climate, air quality, and energy conservation goals.

(4) Existing law authorizes cities and counties to create infrastructure financing districts (IFDs) and utilize related tax-increment financing for infrastructure improvements in local jurisdictions.

(5) Tax-increment financing of transit priority projects, through the use of IFDs, will provide a new tool for green development to help achieve the sustainable communities strategy and regional transportation plan goals of Senate Bill 375 of the 2007–08 Regular Session of the Legislature (Chapter 728 of the Statutes of 2008), as well as the greenhouse gas reduction goals of Assembly Bill 32 of the 2005–06 Regular Session of the Legislature (Chapter 488 of the Statutes of 2006).

(6) Recent studies of transit ridership in California indicate that people who live within a one-half mile radius of transit stations utilize the transit system in far greater numbers than does the general public living elsewhere.

(7) Greater use of public transportation, facilitated by the development of transit priority projects, will increase the development of walkable, mixed-use communities; increase the use of public transit, intercity rail, and future high-speed rail services; improve local street, road, and highway congestion; provide viable alternatives to automobile use; and decrease transportation-related emissions.

(8) Investment in local transit priority project development can improve local and regional economies by providing appropriate commercial and residential development opportunities, including job creation through the construction of related facilities, and job creation through employment opportunities associated with related entertainment, retail, residential, and other mixed-use development.

(9) Expediting the process for local governments to create IFDs to implement transit priority projects will provide significant environmental and economic benefits to local jurisdictions and help meet the state’s climate, air quality, and energy conservation goals.

(b) It is the intent of the Legislature that the development of transit priority projects throughout the state be environmentally conscious and sustainable, and that related construction meet or exceed the requirements of the California Green Building Standards Code (Part 11 (commencing with Section 101.1) of Title 24 of the California Code of Regulations, or its successor code).

SEC. 2.

 Section 53395.7.5 is added to the Government Code, to read:

(a) The district may finance any project that implements a transit priority project pursuant to Section 21155 of the Public Resources Code.

(b) With respect to an infrastructure financing district proposed to implement a transit priority project pursuant to Section 21155 of the Public Resources Code, an election is not required to form an infrastructure financing district, issue bonds, or establish or change the appropriations limit pursuant to this chapter.

(c) (1) At least 25 percent of all revenues derived from the property tax increment under this section shall be used for the purposes of increasing, improving, and preserving the supply of lower and moderate-income housing available in the district at an affordable housing cost, as defined in Section 50052.5 of the Health and Safety Code, and occupied Code. Units funded pursuant to this subdivision shall be restricted to occupancy by persons and families of low or moderate income, as defined in Section 50093 of the Health and Safety Code, lower income households, as defined in Section 50079.5 of the Health and Safety Code, very low income households, as defined in Section 50105 of the Health and Safety Code, and extremely low income households, as defined in Section 50106 of the Health and Safety Code.

(2) Notwithstanding any other law, the district shall implement this subdivision in accordance with Section 33334.2 and all other applicable affordable housing provisions of the Community Redevelopment Law (Part 1 (commencing with Section 33000) of Division 24 of the Health and Safety Code), to the extent not inconsistent with this chapter.

(d) The district may provide for the receipt of tax increment funds pursuant to this chapter, for purposes of a project subject to this section, provided that the local government with land use jurisdiction has adopted an ordinance that requires does both of the following:

(1) Prohibits the number of housing units occupied by extremely low, very low, and low-income households, including the number of bedrooms in those units, within the territory of the district at the time the district is established from being reduced during the effective period of the infrastructure plan.