| Last Version Text |
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<ns0:Description>
<ns0:Id>20250SB__078291CHP</ns0:Id>
<ns0:VersionNum>91</ns0:VersionNum>
<ns0:History>
<ns0:Action>
<ns0:ActionText>INTRODUCED</ns0:ActionText>
<ns0:ActionDate>2025-02-21</ns0:ActionDate>
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<ns0:Action>
<ns0:ActionText>AMENDED_SENATE</ns0:ActionText>
<ns0:ActionDate>2025-03-26</ns0:ActionDate>
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<ns0:ActionText>AMENDED_SENATE</ns0:ActionText>
<ns0:ActionDate>2025-05-08</ns0:ActionDate>
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<ns0:Action>
<ns0:ActionText>AMENDED_SENATE</ns0:ActionText>
<ns0:ActionDate>2025-05-20</ns0:ActionDate>
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<ns0:Action>
<ns0:ActionText>AMENDED_ASSEMBLY</ns0:ActionText>
<ns0:ActionDate>2025-07-02</ns0:ActionDate>
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<ns0:Action>
<ns0:ActionText>AMENDED_ASSEMBLY</ns0:ActionText>
<ns0:ActionDate>2025-07-17</ns0:ActionDate>
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<ns0:Action>
<ns0:ActionText>AMENDED_ASSEMBLY</ns0:ActionText>
<ns0:ActionDate>2025-08-27</ns0:ActionDate>
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<ns0:Action>
<ns0:ActionText>PASSED_ASSEMBLY</ns0:ActionText>
<ns0:ActionDate>2025-09-03</ns0:ActionDate>
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<ns0:Action>
<ns0:ActionText>PASSED_SENATE</ns0:ActionText>
<ns0:ActionDate>2025-09-04</ns0:ActionDate>
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<ns0:Action>
<ns0:ActionText>ENROLLED</ns0:ActionText>
<ns0:ActionDate>2025-09-05</ns0:ActionDate>
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<ns0:Action>
<ns0:ActionText>CHAPTERED</ns0:ActionText>
<ns0:ActionDate>2025-10-10</ns0:ActionDate>
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<ns0:Action>
<ns0:ActionText>APPROVED</ns0:ActionText>
<ns0:ActionDate>2025-10-10</ns0:ActionDate>
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<ns0:Action>
<ns0:ActionText>FILED</ns0:ActionText>
<ns0:ActionDate>2025-10-10</ns0:ActionDate>
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<ns0:LegislativeInfo>
<ns0:SessionYear>2025</ns0:SessionYear>
<ns0:SessionNum>0</ns0:SessionNum>
<ns0:MeasureType>SB</ns0:MeasureType>
<ns0:MeasureNum>782</ns0:MeasureNum>
<ns0:MeasureState>CHP</ns0:MeasureState>
<ns0:ChapterYear>2025</ns0:ChapterYear>
<ns0:ChapterType>CHP</ns0:ChapterType>
<ns0:ChapterSessionNum>0</ns0:ChapterSessionNum>
<ns0:ChapterNum>552</ns0:ChapterNum>
</ns0:LegislativeInfo>
<ns0:AuthorText authorType="LEAD_AUTHOR">Introduced by Senator Pérez</ns0:AuthorText>
<ns0:Authors>
<ns0:Legislator>
<ns0:Contribution>LEAD_AUTHOR</ns0:Contribution>
<ns0:House>SENATE</ns0:House>
<ns0:Name>Pérez</ns0:Name>
</ns0:Legislator>
</ns0:Authors>
<ns0:Title>An act to add Section 62313 to the Government Code, relating to local government, and declaring the urgency thereof, to take effect immediately.</ns0:Title>
<ns0:RelatingClause>local government, and declaring the urgency thereof, to take effect immediately</ns0:RelatingClause>
<ns0:GeneralSubject>
<ns0:Subject>Enhanced infrastructure financing district: climate resilience districts.</ns0:Subject>
</ns0:GeneralSubject>
<ns0:DigestText>
<html:p>Existing law authorizes the legislative body of a city or a county to designate a proposed enhanced infrastructure financing district to finance public capital facilities or other specified projects, with a governing body referred to as the public financing authority, by adopting a resolution of intention to establish the proposed district.</html:p>
<html:p>Existing law authorizes a city, county, city and county, special district, or a combination of any of those entities to form a climate resilience district, as described, for the purposes of raising and allocating funding for eligible projects and the operating expenses of eligible projects. Existing law deems each district to be an enhanced infrastructure financing district and requires each district to comply with existing law concerning enhanced infrastructure financing districts, except as specified.
Existing law requires a district to finance only specified projects that meet the definition of an eligible project, including projects that address sea level rise, extreme heat, extreme cold, the risk of wildfire, drought, and the risk of flooding, as specified.</html:p>
<html:p>This bill would authorize a city or county to adopt a resolution providing for the division of taxes of any participating entity without following specified procedures for the preparation and adoption of an infrastructure financing plan, if certain conditions are met. The bill would require the city or county entity proposing formation of the district to hold a public meeting to consider the resolution of intention to establish the district and the governing board of the district to hold a public meeting to consider the adoption of the infrastructure financing plan. The bill would require the city and county entity and the governing board of the district to post specified notices prior to the respective
meetings, as specified. The bill would require the resolution to include specified information, including that incremental property tax revenue from the city or county and all affected taxing entities within the district may be used to finance the district’s activities. The bill would require the infrastructure financing plan to be made available for public inspection at least 30 days before the governing board of the district’s meeting, and would require the designated official of the district to consult with each affected taxing entity prior to development of the infrastructure financing plan.</html:p>
<html:p>The bill would
require public members appointed to the governing board of a district established pursuant to these provisions, as specified, to be residents of, own property in, or represent a business within the boundaries of the district and to serve terms of not fewer than 4 years, subject to specified term limits. The bill would limit the use of the district’s revenue to repairing or replacing buildings, low- and moderate-income housing, facilities, structures, or other improvements within the district that have been damaged or destroyed by a disaster, as defined, mitigating the risk of a future disaster, or supporting economic recovery from a disaster, as specified. The bill would define disaster for these purposes to mean a disaster for which the Governor has declared a state of
emergency, as specified.</html:p>
<html:p>This bill would declare that it is to take effect immediately as an urgency statute.</html:p>
</ns0:DigestText>
<ns0:DigestKey>
<ns0:VoteRequired>TWO_THIRDS</ns0:VoteRequired>
<ns0:Appropriation>NO</ns0:Appropriation>
<ns0:FiscalCommittee>NO</ns0:FiscalCommittee>
<ns0:LocalProgram>NO</ns0:LocalProgram>
</ns0:DigestKey>
<ns0:MeasureIndicators>
<ns0:ImmediateEffect>YES</ns0:ImmediateEffect>
<ns0:ImmediateEffectFlags>
<ns0:Urgency>YES</ns0:Urgency>
<ns0:TaxLevy>NO</ns0:TaxLevy>
<ns0:Election>NO</ns0:Election>
<ns0:UsualCurrentExpenses>NO</ns0:UsualCurrentExpenses>
<ns0:BudgetBill>NO</ns0:BudgetBill>
<ns0:Prop25TrailerBill>NO</ns0:Prop25TrailerBill>
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</ns0:Description>
<ns0:Bill id="bill">
<ns0:Preamble>The people of the State of California do enact as follows:</ns0:Preamble>
<ns0:BillSection id="id_C01D6B61-3C95-4AEB-92D8-CC31A290502D">
<ns0:Num>SECTION 1.</ns0:Num>
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Section 62313 is added to the
<ns0:DocName>Government Code</ns0:DocName>
, immediately following Section 62312, to read:
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<ns0:LawSection id="id_D4E37EE9-0CD2-4C49-9607-428350B16F4F">
<ns0:Num>62313.</ns0:Num>
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<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Notwithstanding subdivision (b) of Section 62304, a city or county may adopt a resolution providing for the division of taxes of any participating entity without following the procedures for the preparation and adoption of an infrastructure financing plan described in Sections 53398.59 to 53398.66, inclusive, if all of the following are met:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
The boundaries of the proposed district are limited to an area in which the disaster damage has caused conditions that are so prevalent and so substantial that they have caused a reduction, or a lack, of the normal predisaster usage of the area to an extent that causes a serious physical and economic
burden that cannot reasonably be expected to be reversed or alleviated during the term of the infrastructure financing plan by private enterprise or governmental action, or both, without redevelopment.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Areas adjacent to the disaster area may be included within the boundaries of the proposed district, but those adjacent areas shall be no more than 20 percent of the total district area.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The city or county adopts the resolution no more than two years after the proclamation of the disaster.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The resolution does all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
State that a district is proposed to be established under the terms of this division and describe the boundaries of the proposed
district, which may be accomplished by reference to a map on file in the office of the clerk of the city or in the office of the recorder of the county, as applicable. The map may identify, within a district, certain areas which shall be referred to as “project areas.”
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
State the type of public facilities and development proposed to be financed or assisted by the district in accordance with subdivision (f).
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
State the need for the district and the goals the district proposes to achieve.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
State that incremental property tax revenue from the city or county and all affected taxing entities within the district, if approved by resolution pursuant to Section 53398.68, may be used to finance these activities.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
State that a city, county, or city and county may allocate tax revenues derived from local sales and use taxes imposed pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law (Part 1.5 (commencing with Section 7200) of Division 2 of the Revenue and Taxation Code) or transactions and use taxes imposed in accordance with the Transactions and Use Tax Law (Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code) to a district pursuant to Section 53398.75.5, if applicable.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The legislative body of the city or county that elects to make an allocation pursuant to clause (i) shall enact an ordinance to establish the following:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
The procedure by which
the city or county will calculate the revenues derived from sales and use taxes and transactions and use taxes to be allocated to the district.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
The decision process by which the city or county will determine the amount that will be dedicated to the proposed district.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
Fix a time and place for the public meeting on the proposal.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The city or county entity proposing formation of the district shall hold a public meeting to consider the resolution of intention to establish the district.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The governing board of the district shall hold a public meeting to consider the adoption of the infrastructure financing plan.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The city or county entity proposing formation of the district shall post notice of the meeting described in paragraph (1) of subdivision (b) in an easily identifiable and accessible location on the local agency’s internet website at least 10 days before the meeting. The notice shall do all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Describe specifically the boundaries of the proposed area.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Describe the purpose of the infrastructure financing plan.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
State the day, hour, and place when and where the public can inspect documents related to the district.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The governing board of the
district shall post notice of the meeting described in paragraph (2) of subdivision (b) in an easily identifiable and accessible location on the district’s internet website at least 10 days before the meeting. The notice shall do all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Describe specifically the boundaries of the proposed area.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Describe the purpose of the infrastructure financing plan.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
State the day, hour, and place when and where the public can inspect documents related to the district.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
After adopting the resolution of intention to establish a district, the city or county shall designate an official to prepare a proposed infrastructure financing plan. This plan shall include
all of the information required in Section 53398.63. The infrastructure financing plan shall be made available for public inspection at least 30 days before the governing board of the district’s public meeting. The designated official shall consult with each affected taxing entity, and, at the request of any affected taxing entity, shall meet with representatives of an affected taxing entity. Any affected taxing entity may suggest revisions to the plan.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
The district shall follow the procedures for amending the infrastructure financing plan and providing an annual report described in subdivision (j) of Section 53398.66, except that it shall not be required to mail any written notices.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
A district established pursuant to this section shall limit the use of its revenue to
only the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The purpose of acquiring, demolishing, removing, relocating, repairing, restoring, rehabilitating, or replacing buildings, low- and moderate-income housing, facilities, structures, or other improvements, in accordance with applicable laws, which are within the district, and which have been damaged or destroyed by the disaster, which are unsafe to occupy, or which are required to be acquired, demolished, altered, or removed because of the disaster.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The purpose of mitigating the risk of a future disaster, including, but not limited to, both of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Water and energy resource access and availability during emergencies and natural disasters.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Undergrounding and hardening of electrical lines and other utilities.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The purpose of supporting economic recovery from a disaster, including, but not limited to, all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Residential and commercial reconstruction.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Affordable housing development pursuant to the provisions of Section 53398.52.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Prevention of displacement.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Low-interest construction loans.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
Capital access programs for small businesses.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
Workforce development and job training
programs.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
Except as specifically provided in this section, a district established pursuant to this section shall comply with the provisions of
this division.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
Notwithstanding Section 53398.63, a district established pursuant to this section may plan, adopt, and implement an infrastructure financing plan, and the legislative body of the city or county that created it may approve projects in the disaster area even if it is inconsistent with the general plan, and specific plan, if applicable, of the city or county within which the district is located.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
For a district established pursuant to this section, both of the following shall apply:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Bond proceeds shall not be used for costs of operations, programs, or providing services of any kind.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Notwithstanding Section 54902,
the statement required by Section 54900 may be filed with the auditor of each levying county, and the statement and the map or plat shall be filed with each assessor whose roll is used for the levy and with the State Board of Equalization in Sacramento, no later than January 31 of the year in which the assessments or taxes are to be levied.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
Prior to the termination of the district, a city or county may include all or a portion of the district within a separate district. However, any portion of the district included within the separate district shall meet all the requirements of this division.
</html:p>
<html:p>
(k)
<html:span class="EnSpace"/>
The public members appointed in compliance with Section 62305 to the governing board of a district established pursuant to this
section shall be residents of, own property in, or represent a business within the boundaries of the district and shall serve terms of not fewer than four years, subject to any applicable term limits established by the legislative body.
</html:p>
<html:p>
(
<html:i>l</html:i>
)
<html:span class="EnSpace"/>
For the purposes of this section, “disaster” means a disaster for which the Governor has declared a state of emergency pursuant to Section 8625 of the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2).
</html:p>
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<ns0:BillSection id="id_233EFF52-3891-4F88-89BE-1978273CF87E">
<ns0:Num>SEC. 2.</ns0:Num>
<ns0:Content>
<html:p>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 California Constitution and shall go into immediate effect. The facts constituting the necessity are:</html:p>
<html:p>In order to ensure the timely restoration of critical infrastructure, uninterrupted delivery of public services, and economic stability, including communities devastated by the January 2025 wildfires in the County of Los Angeles, and to prevent unnecessary delays in rebuilding critical infrastructure, roads, and essential facilities, it is necessary that this act take effect immediately.</html:p>
</ns0:Content>
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</ns0:Bill>
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|
| Last Version Text Digest |
Existing law authorizes the legislative body of a city or a county to designate a proposed enhanced infrastructure financing district to finance public capital facilities or other specified projects, with a governing body referred to as the public financing authority, by adopting a resolution of intention to establish the proposed district. Existing law authorizes a city, county, city and county, special district, or a combination of any of those entities to form a climate resilience district, as described, for the purposes of raising and allocating funding for eligible projects and the operating expenses of eligible projects. Existing law deems each district to be an enhanced infrastructure financing district and requires each district to comply with existing law concerning enhanced infrastructure financing districts, except as specified. Existing law requires a district to finance only specified projects that meet the definition of an eligible project, including projects that address sea level rise, extreme heat, extreme cold, the risk of wildfire, drought, and the risk of flooding, as specified. This bill would authorize a city or county to adopt a resolution providing for the division of taxes of any participating entity without following specified procedures for the preparation and adoption of an infrastructure financing plan, if certain conditions are met. The bill would require the city or county entity proposing formation of the district to hold a public meeting to consider the resolution of intention to establish the district and the governing board of the district to hold a public meeting to consider the adoption of the infrastructure financing plan. The bill would require the city and county entity and the governing board of the district to post specified notices prior to the respective meetings, as specified. The bill would require the resolution to include specified information, including that incremental property tax revenue from the city or county and all affected taxing entities within the district may be used to finance the district’s activities. The bill would require the infrastructure financing plan to be made available for public inspection at least 30 days before the governing board of the district’s meeting, and would require the designated official of the district to consult with each affected taxing entity prior to development of the infrastructure financing plan. The bill would require public members appointed to the governing board of a district established pursuant to these provisions, as specified, to be residents of, own property in, or represent a business within the boundaries of the district and to serve terms of not fewer than 4 years, subject to specified term limits. The bill would limit the use of the district’s revenue to repairing or replacing buildings, low- and moderate-income housing, facilities, structures, or other improvements within the district that have been damaged or destroyed by a disaster, as defined, mitigating the risk of a future disaster, or supporting economic recovery from a disaster, as specified. The bill would define disaster for these purposes to mean a disaster for which the Governor has declared a state of emergency, as specified. This bill would declare that it is to take effect immediately as an urgency statute. |