reglab/statecodes huggingface dataset:
2023 California Code › Health and Safety Code - HSC › DIVISION 24 - COMMUNITY DEVELOPMENT AND HOUSING › PART 1.85 - DISSOLUTION OF REDEVELOPMENT AGENCIES AND DESIGNATION OF SUCCESSOR AGENCIES › CHAPTER 5 - Duties of the Auditor-Controller › Section 34183.1.

34183.1. (a) Notwithstanding paragraph (1) of subdivision (a) of Section 34183 or any other law, a successor agency and one or more taxing entities may enter into an agreement to modify the interest owed by a former redevelopment agency under a passthrough agreement that was entered into before January 1, 1994, or owed under any successive amendment of that passthrough agreement, and which is owed as interest on passthrough payments agreed to be deferred by the taxing entity under the passthrough agreement.
(b) An agreement entered into pursuant to this section shall be subject to the following:
(1) Beginning on the effective date of the agreement entered into pursuant to this section, the interest rate for any passthrough agreement as modified pursuant to this section shall be 0 percent.
(2) The term of any passthrough agreement that is modified pursuant to this section shall not exceed 40 years from the effective date of an agreement entered into pursuant to this section.
(3) An agreement entered into pursuant to this section, in addition to modifying the interest owed on deferred passthrough payments as provided in subdivision (a), may provide for the forgiveness of the entirety or a portion of the outstanding principal amount of deferred passthrough payment owed by the former redevelopment agency to a taxing entity under the passthrough agreement.
(c) A taxing entity benefiting from the resulting modification of a passthrough agreement under this section shall not be liable for, or otherwise obligated to pay, any amount under the passthrough agreement in excess of the amount provided under the passthrough agreement, as modified in accordance with this section.
(Added by Stats. 2021, Ch. 221, Sec. 2. (SB 734) Effective January 1, 2022.)
2023 California Code › Health and Safety Code - HSC › DIVISION 24 - COMMUNITY DEVELOPMENT AND HOUSING › PART 1.85 - DISSOLUTION OF REDEVELOPMENT AGENCIES AND DESIGNATION OF SUCCESSOR AGENCIES › CHAPTER 5 - Duties of the Auditor-Controller › Section 34185.

34185. Commencing on June 1, 2012, and on each January 2 and June 1 thereafter, the county auditor-controller shall transfer, from the Redevelopment Property Tax Trust Fund of each successor agency into the Redevelopment Obligation Retirement Fund of that agency, an amount of property tax revenues equal to that specified in the Recognized Obligation Payment Schedule for that successor agency as payable from the Redevelopment Property Tax Trust Fund subject to the limitations of subdivision (l) of Section 34177 and Section 34183.
(Amended by Stats. 2012, Ch. 26, Sec. 27. (AB 1484) Effective June 27, 2012.)
2023 California Code › Health and Safety Code - HSC › DIVISION 24 - COMMUNITY DEVELOPMENT AND HOUSING › PART 1.85 - DISSOLUTION OF REDEVELOPMENT AGENCIES AND DESIGNATION OF SUCCESSOR AGENCIES › CHAPTER 5 - Duties of the Auditor-Controller › Section 34186.

34186. (a) (1) Differences between actual payments and past estimated obligations on recognized obligation payment schedules shall be reported in subsequent Recognized Obligation Payment Schedules and shall adjust the amount to be transferred to the Redevelopment Obligation Retirement Fund pursuant to this part. These estimates and accounts, as well as cash balances, shall be subject to review by the county auditor-controller. The county auditor-controller’s review shall be subject to the department’s review and approval.
(2) Audits initiated by the Controller pursuant to this section prior to July 1, 2015, shall be continued by the Controller and completed no later than June 30, 2016. Nothing in this section shall be construed in a manner which precludes, or in any way restricts, the Controller from conducting audits of successor agencies pursuant to Section 12410 of the Government Code.
(b) Differences between actual passthrough obligations and property tax amounts and the amounts used by the county auditor-controller in determining the amounts to be allocated under Sections 34183 and 34188 for a prior six-month or annual period, whichever is applicable, shall be applied as adjustments to the property tax and passthrough amounts in subsequent periods as they become known. County auditor-controllers shall not delay payments under this part to successor agencies or taxing entities based on pending transactions, disputes, or for any other reason, other than a court order, and shall use the Recognized Obligation Payment Schedule approved by the department and the most current data for passthroughs and property tax available prior to the statutory distribution dates to make the allocations required on the dates required.
(c) Commencing on October 1, 2018, and each October 1 thereafter, the differences between actual payments and past estimated obligations on a Recognized Obligation Payment Schedule shall be submitted by the successor agency to the county auditor-controller for review. The county auditor-controller shall provide to the department in a manner of the department’s choosing a review of the differences between actual payments and past estimated obligations, including cash balances, no later than February 1, 2019, and each February 1 thereafter.
(Amended by Stats. 2015, Ch. 325, Sec. 17. (SB 107) Effective September 22, 2015.)
2023 California Code › Health and Safety Code - HSC › DIVISION 24 - COMMUNITY DEVELOPMENT AND HOUSING › PART 1.85 - DISSOLUTION OF REDEVELOPMENT AGENCIES AND DESIGNATION OF SUCCESSOR AGENCIES › CHAPTER 5 - Duties of the Auditor-Controller › Section 34188.

34188. For all distributions of property tax revenues and other moneys pursuant to this part, the distribution to each taxing entity shall be in an amount proportionate to its share of property tax revenues in the tax rate area in that fiscal year, as follows:
(a) (1) For distributions from the Redevelopment Property Tax Trust Fund, the share of each taxing entity shall be applied to the amount of property tax available in the Redevelopment Property Tax Trust Fund after deducting the amount of any distributions under paragraphs (2) and (3) of subdivision (a) of Section 34183.
(2) For each taxing entity that receives passthrough payments, that agency shall receive the amount of any passthrough payments identified under paragraph (1) of subdivision (a) of Section 34183, in an amount not to exceed the amount that it would receive pursuant to this section in the absence of the passthrough agreement. However, to the extent that the passthrough payments received by the taxing entity are less than the amount that the taxing entity would receive pursuant to this section in the absence of a passthrough agreement, the taxing entity shall receive an additional payment that is equivalent to the difference between those amounts.
(b) Property tax shares of local agencies shall be determined based on property tax allocation laws in effect on the date of distribution, without the revenue exchange amounts allocated pursuant to Section 97.68 of the Revenue and Taxation Code, and without the property taxes allocated pursuant to Section 97.70 of the Revenue and Taxation Code.
(c) The total school share, including passthroughs, shall be the share of the property taxes that would have been received by school entities, as defined in subdivision (f) of Section 95 of the Revenue and Taxation Code, in the jurisdictional territory of the former redevelopment agency, including, but not limited to, the amounts specified in Sections 97.68 and 97.70 of the Revenue and Taxation Code.
(d) This section shall not be construed to increase any allocations of excess, additional, or remaining funds that would otherwise have been allocated to cities, counties, cities and counties, or special districts pursuant to clause (i) of subparagraph (B) of paragraph (4) of subdivision (d) of Section 97.2, clause (i) of subparagraph (B) of paragraph (4) of subdivision (d) of Section 97.3, or Article 4 (commencing with Section 98) of Chapter 6 of Part 0.5 of Division 1, of the Revenue and Taxation Code, had this section not been enacted.
(Amended by Stats. 2012, Ch. 26, Sec. 30. (AB 1484) Effective June 27, 2012.)
2023 California Code › Health and Safety Code - HSC › DIVISION 24 - COMMUNITY DEVELOPMENT AND HOUSING › PART 1.85 - DISSOLUTION OF REDEVELOPMENT AGENCIES AND DESIGNATION OF SUCCESSOR AGENCIES › CHAPTER 5 - Duties of the Auditor-Controller › Section 34188.8.

34188.8. For purposes of a redevelopment agency that becomes subject to this part pursuant to Section 34195, a date certain identified in this chapter shall not be subject to Section 34191, except for dates certain in Section 34182 and references to “October 1, 2011,” or to the “operative date of this part.” However, for purposes of those redevelopment agencies, a date certain identified in this chapter shall be appropriately modified, as necessary to reflect the appropriate fiscal year or portion of a fiscal year.
(Amended by Stats. 2012, Ch. 162, Sec. 92. (SB 1171) Effective January 1, 2013.)
2023 California Code › Health and Safety Code - HSC › DIVISION 24 - COMMUNITY DEVELOPMENT AND HOUSING › PART 1.85 - DISSOLUTION OF REDEVELOPMENT AGENCIES AND DESIGNATION OF SUCCESSOR AGENCIES › CHAPTER 6 - Effect of the Act Adding this Part on the Community Redevelopment Law › Section 34189.

34189. (a) Commencing on the effective date of this part, all provisions of the Community Redevelopment Law that depend on the allocation of tax increment to redevelopment agencies, including, but not limited to, Sections 33445, 33640, 33641, and 33645, and subdivision (b) of Section 33670, shall be inoperative. Solely for the purposes of the payment of enforceable obligations defined by subparagraphs (A) to (G), inclusive, of paragraph (1) of subdivision (d) of Section 34171 and subdivision (b) of Section 34191.4, and for no other purpose whatsoever, a successor agency is not subject to the limitations relating to time, number of tax dollars, or any other matters set forth in Sections 33333.2, 33333.4, and 33333.6. Notwithstanding any other provision in this section, this subdivision shall not result in the restoration or continuation of funding for projects whose contractual terms specified that project funding would cease once the limitations specified in any of Section 33333.2, 33333.4, or 33333.6 were realized.
(b) To the extent that a provision of Part 1 (commencing with Section 33000), Part 1.5 (commencing with Section 34000), Part 1.6 (commencing with Section 34050), and Part 1.7 (commencing with Section 34100) conflicts with this part, the provisions of this part shall control. Further, if a provision of Part 1 (commencing with Section 33000), Part 1.5 (commencing with Section 34000), Part 1.6 (commencing with Section 34050), or Part 1.7 (commencing with Section 34100) provides an authority that the act adding this part is restricting or eliminating, the restriction and elimination provisions of the act adding this part shall control.
(c) It is intended that the provisions of this part shall be read in a manner as to avoid duplication of payments.
(Amended by Stats. 2015, Ch. 325, Sec. 19. (SB 107) Effective September 22, 2015.)
2023 California Code › Health and Safety Code - HSC › DIVISION 24 - COMMUNITY DEVELOPMENT AND HOUSING › PART 1.85 - DISSOLUTION OF REDEVELOPMENT AGENCIES AND DESIGNATION OF SUCCESSOR AGENCIES › CHAPTER 6 - Effect of the Act Adding this Part on the Community Redevelopment Law › Section 34189.1.

34189.1. No party, public or private, may pursue, nor does a court have jurisdiction over, a validation action with respect to any action of a redevelopment agency or a successor agency to a redevelopment agency that took place on or after January 1, 2011, unless the Department of Finance and the Controller, representing interests of the State of California and each of the taxing entities who could be affected financially by the action, has been properly noticed. All actions shall be filed in the County of Sacramento.
(Added by Stats. 2012, Ch. 26, Sec. 32. (AB 1484) Effective June 27, 2012.)
2023 California Code › Health and Safety Code - HSC › DIVISION 24 - COMMUNITY DEVELOPMENT AND HOUSING › PART 1.85 - DISSOLUTION OF REDEVELOPMENT AGENCIES AND DESIGNATION OF SUCCESSOR AGENCIES › CHAPTER 6 - Effect of the Act Adding this Part on the Community Redevelopment Law › Section 34189.2.

34189.2. A successor agency or any party to an enforceable obligation as defined under this part shall properly notice the state with respect to a validation action involving any enforceable obligation or matter of title to an asset that belonged to a redevelopment agency. For such an action to be properly filed, both the Controller and the Director of Finance shall be noticed and actions shall be filed in the County of Sacramento.
(Added by Stats. 2012, Ch. 26, Sec. 33. (AB 1484) Effective June 27, 2012.)
2023 California Code › Health and Safety Code - HSC › DIVISION 24 - COMMUNITY DEVELOPMENT AND HOUSING › PART 1.85 - DISSOLUTION OF REDEVELOPMENT AGENCIES AND DESIGNATION OF SUCCESSOR AGENCIES › CHAPTER 6 - Effect of the Act Adding this Part on the Community Redevelopment Law › Section 34189.3.

34189.3. An action contesting any act taken or determinations or decisions made pursuant to this part or Part 1.8 (commencing with Section 34161) may be brought in superior court and shall be filed in the County of Sacramento.
(Added by Stats. 2012, Ch. 26, Sec. 34. (AB 1484) Effective June 27, 2012.)
2023 California Code › Health and Safety Code - HSC › DIVISION 24 - COMMUNITY DEVELOPMENT AND HOUSING › PART 1.85 - DISSOLUTION OF REDEVELOPMENT AGENCIES AND DESIGNATION OF SUCCESSOR AGENCIES › CHAPTER 8 - Application of Part to Former Participants of the Alternative Voluntary Redevelopment Program › Section 34191.

34191. (a) It is the intent of the Legislature that a redevelopment agency that formerly operated pursuant to the Alternative Voluntary Redevelopment Program (Part 1.9 (commencing with Section 34192)), that becomes subject to this part pursuant to Section 34195, shall be subject to all of the requirements of this part, except that dates and deadlines shall be appropriately modified, as provided in this section, to reflect the date that the agency becomes subject to this part.
(b) Except as otherwise provided by law, for purposes of a redevelopment agency that becomes subject to this part pursuant to Section 34195, the following shall apply:
(1) Any reference to “January 1, 2011,” shall be construed to mean January 1 of the year preceding the year that the redevelopment agency became subject to this part, but no earlier than January 1, 2011.
(2) Any reference to “October 1, 2011,” or to the “operative date of this part,” shall mean the date that is the equivalent to the “October 1, 2011,” identified in Section 34167.5 for that redevelopment agency as determined pursuant to Section 34169.5.
(3) Except as provided in paragraphs (1) and (2), any reference to a date certain shall be construed to be the date, measured from the date that the redevelopment agency became subject to this part, that is equivalent to the duration of time between the operative date of this part and the date certain identified in statute.
(Added by Stats. 2011, 1st Ex. Sess., Ch. 5, Sec. 7. (AB 26 1x) Effective June 29, 2011. Operative February 1, 2012.)
2023 California Code › Health and Safety Code - HSC › DIVISION 24 - COMMUNITY DEVELOPMENT AND HOUSING › PART 1.85 - DISSOLUTION OF REDEVELOPMENT AGENCIES AND DESIGNATION OF SUCCESSOR AGENCIES › CHAPTER 9 - Postcompliance Provisions › Section 34191.1.

34191.1. The provisions of this chapter shall apply to a successor agency upon that agency’s receipt of a finding of completion by the Department of Finance pursuant to Section 34179.7.
(Added by Stats. 2012, Ch. 26, Sec. 35. (AB 1484) Effective June 27, 2012.)
2023 California Code › Health and Safety Code - HSC › DIVISION 24 - COMMUNITY DEVELOPMENT AND HOUSING › PART 1.85 - DISSOLUTION OF REDEVELOPMENT AGENCIES AND DESIGNATION OF SUCCESSOR AGENCIES › CHAPTER 9 - Postcompliance Provisions › Section 34191.3.

34191.3. (a) Notwithstanding Section 34191.1, the requirements specified in subdivision (e) of Section 34177 and subdivision (a) of Section 34181 shall be suspended, except as those provisions apply to the transfers for governmental use, until the Department of Finance has approved a long-range property management plan pursuant to subdivision (b) of Section 34191.5, at which point the plan shall govern, and supersede all other provisions relating to, the disposition and use of the real property assets of the former redevelopment agency. If the department has not approved a plan by January 1, 2016, subdivision (e) of Section 34177 and subdivision (a) of Section 34181 shall be operative with respect to that successor agency.
(b) If the department has approved a successor agency’s long-range property management plan prior to January 1, 2016, the successor agency may amend its long-range property management plan once, solely to allow for retention of real properties that constitute “parking facilities and lots dedicated solely to public parking” for governmental use pursuant to Section 34181. An amendment to a successor agency’s long-range property management plan under this subdivision shall be submitted to its oversight board for review and approval pursuant to Section 34179, and any such amendment shall be submitted to the department prior to July 1, 2016.
(c) (1) Notwithstanding paragraph (2) of subdivision (a) of Section 34181, for purposes of amending a successor agency’s long-range property management plan under subdivision (b), “parking facilities and lots dedicated solely to public parking” do not include properties that, as of the date of transfer pursuant to the amended long-range property management plan, generate revenues in excess of reasonable maintenance costs of the properties.
(2) Notwithstanding any other law, a city, county, city and county, or parking district shall not be required to reimburse or pay a successor agency for any funds spent on or before December 31, 2010, by a former redevelopment agency to design and construct a parking facility.
(Amended by Stats. 2016, Ch. 86, Sec. 189. (SB 1171) Effective January 1, 2017.)
2023 California Code › Health and Safety Code - HSC › DIVISION 24 - COMMUNITY DEVELOPMENT AND HOUSING › PART 1.87 - Affordable Housing Special Beneficiary District › Section 34191.30.

34191.30 For purposes of this part, the following definitions shall apply:
(a) “Affordable housing” means a dwelling available for purchase or lease by persons and families who qualify as low or moderate income, as defined in Section 50093, very low income households, as defined in Section 50105, or extremely low income households, as defined in Section 50106.
(b) “Beneficiary district” is an affordable housing special beneficiary district established pursuant to this part that exists for a limited duration as a distinct local governmental entity for the express purposes of receiving rejected distributions of property tax revenues and providing financing assistance to promote affordable housing within its boundaries.
(c) “Distributions of property tax revenues” means all property tax revenues a city or county would be entitled to receive pursuant to Part 1.85 (commencing with Section 34170).
(Added by Stats. 2016, Ch. 453, Sec. 1. (AB 2031) Effective January 1, 2017.)
2023 California Code › Health and Safety Code - HSC › DIVISION 24 - COMMUNITY DEVELOPMENT AND HOUSING › PART 1.87 - Affordable Housing Special Beneficiary District › Section 34191.35.

34191.35. (a) Commencing when a successor entity, including a designated local authority established pursuant to subdivision (d) of Section 34173, receives a finding of completion pursuant to Section 34179.7, there exists, within the same geographical boundaries of the jurisdiction of that successor entity, an affordable housing special beneficiary district.
(b) (1) A beneficiary district shall cease to exist on the earlier of the 90th calendar day after the date the Department of Finance approves a request to dissolve the successor entity pursuant to Section 34187, or the 20th anniversary of the date that the successor entity received a finding of completion pursuant to Section 34179.7. On and after the date a beneficiary district ceases to exist, the beneficiary district shall not have the authority to conduct any business, including, but not limited to, taking any action or making any payment, and any funds of the beneficiary district shall automatically transfer to the city or county that rejected its distributions of property tax revenues pursuant to Section 34191.45 that were thereafter directed to the beneficiary district.
(2) Notwithstanding Section 34191.40, the terms of the members of the board of a beneficiary district shall expire on the date the beneficiary district ceases to exist.
(3) Any legal right of the beneficiary district on or after the date the beneficiary district ceases to exist, including, but not limited to, the right to repayment pursuant to a loan made by the beneficiary district, is the right of the city or county that rejected its distributions of property tax revenues pursuant to Section 34191.45 that was thereafter directed to the beneficiary district.
(Added by Stats. 2016, Ch. 453, Sec. 1. (AB 2031) Effective January 1, 2017.)
2023 California Code › Health and Safety Code - HSC › DIVISION 24 - COMMUNITY DEVELOPMENT AND HOUSING › PART 1.87 - Affordable Housing Special Beneficiary District › Section 34191.40.

34191.40. (a) A beneficiary district shall be governed by a board composed of the following five members:
(1) Three members of the city council, if a city formed the redevelopment agency, or three members of the board of supervisors, if a county formed the redevelopment agency. The three members shall be appointed by the city council or board of supervisors, as applicable.
(2) The treasurer of the city or county that formed the redevelopment agency.
(3) One member of the public who lives within the boundaries of the beneficiary district who is appointed by the city council or county board of supervisors of the city or county that formed the redevelopment agency.
(b) The board shall elect one of its members as the chairperson.
(c) Each member shall serve a term of four years from the date of his or her appointment. Vacancies on the board shall be filled by the appointing authority for a new four-year term. A member may be reappointed.
(d) Each member shall serve without compensation.
(Added by Stats. 2016, Ch. 453, Sec. 1. (AB 2031) Effective January 1, 2017.)
2023 California Code › Health and Safety Code - HSC › DIVISION 24 - COMMUNITY DEVELOPMENT AND HOUSING › PART 1.87 - Affordable Housing Special Beneficiary District › Section 34191.45.

34191.45. (a) Notwithstanding any other law, a city or county may by ordinance or resolution reject its distributions of property tax revenues that it would otherwise receive pursuant to Part 1.85 (commencing with Section 34170). Except as provided in subdivision (b) of Section 34191.35, on and after the date that a city or county rejects its distributions of property tax revenues, the city or county shall not have any claim to, or control over, the distributions of property tax revenues it may have otherwise received pursuant to Part 1.85 (commencing with Section 34170), and the county auditor-controller shall transfer all of the distributions of property tax revenues to the beneficiary district.
(b) This section shall not apply to any city, county, or city and county that formed a redevelopment agency if either of the following apply:
(1) The city, county, or city and county became the successor agency to the redevelopment agency and did not receive a finding of completion pursuant to Section 34179.7.
(2) The designated local authority of the redevelopment agency, formed pursuant to subdivision (d) of Section 34173, did not receive the finding of completion pursuant to Section 34179.7.
(Added by Stats. 2016, Ch. 453, Sec. 1. (AB 2031) Effective January 1, 2017.)
2023 California Code › Health and Safety Code - HSC › DIVISION 24 - COMMUNITY DEVELOPMENT AND HOUSING › PART 1.87 - Affordable Housing Special Beneficiary District › Section 34191.50.

34191.50. (a) A beneficiary district shall use any funds provided to it for the express purpose of promoting the development of affordable housing within its boundaries.
(b) A beneficiary district may promote the development of affordable housing by doing any of the following:
(1) Issuing bonds to be repaid from the distributions of property tax revenues directed to the beneficiary district.
(2) Providing financial assistance for the development of affordable housing, including, but not limited to, providing loans, grants, and other financial incentives and support.
(3) Taking other actions the board determines will promote the financing of the development of affordable housing within its boundaries.
(c) A beneficiary district shall not undertake any obligation that requires an action after the date it will cease to exist, including, but not limited to, issuing a bond that requires any repayment of the bond obligation after the date the beneficiary district will cease to exist.
(Added by Stats. 2016, Ch. 453, Sec. 1. (AB 2031) Effective January 1, 2017.)
2023 California Code › Health and Safety Code - HSC › DIVISION 24 - COMMUNITY DEVELOPMENT AND HOUSING › PART 1.87 - Affordable Housing Special Beneficiary District › Section 34191.55.

34191.55. (a) A beneficiary district shall comply with the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code) and the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code).
(b) When a beneficiary district ceases to exist pursuant to subdivision (b) of Section 34191.35, a public record of the beneficiary district shall be the property of the city or county that rejected its distributions of property tax revenues pursuant to Section 34191.45.
(Amended by Stats. 2021, Ch. 615, Sec. 257. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
2023 California Code › Health and Safety Code - HSC › DIVISION 24 - COMMUNITY DEVELOPMENT AND HOUSING › PART 1.9 - Alternative Voluntary Redevelopment Program › CHAPTER 1 - Application of this Part › Section 34192.

34192. Notwithstanding any provision of law, if a city or county that includes a redevelopment agency participates in the program established pursuant to this part and complies with all requirements and obligations contained in this part, a redevelopment agency included in that city or county shall be exempt from Part 1.8 (commencing with Section 34161), Part 1.85 (commencing with Section 34170), and any other conflicting provision of law.
(Added by Stats. 2011, 1st Ex. Sess., Ch. 6, Sec. 2. (AB 27 1x) Effective June 29, 2011. Ruled unconstitutional per California Redevelopment Assn. v. Matosantos (2011) 53 Cal.4th 231.)
2023 California Code › Health and Safety Code - HSC › DIVISION 24 - COMMUNITY DEVELOPMENT AND HOUSING › PART 1.9 - Alternative Voluntary Redevelopment Program › CHAPTER 1 - Application of this Part › Section 34192.5.

34192.5. (a) This part shall be operative only if Part 1.8 (commencing with Section 34161) and Part 1.85 (commencing with Section 34170) are enacted and operative at the time the act adding this part takes effect.
(b) To the extent that Part 1.8 (commencing with Section 34161) or Part 1.85 (commencing with Section 34170) conflict with this part, the provisions of this part shall control.
(Added by Stats. 2011, 1st Ex. Sess., Ch. 6, Sec. 2. (AB 27 1x) Effective June 29, 2011. Ruled unconstitutional per California Redevelopment Assn. v. Matosantos (2011) 53 Cal.4th 231.)
2023 California Code › Health and Safety Code - HSC › DIVISION 24 - COMMUNITY DEVELOPMENT AND HOUSING › PART 1.9 - Alternative Voluntary Redevelopment Program › CHAPTER 2 - Continued Agency Existence › Section 34193.

34193. (a) Notwithstanding Part 1.8 (commencing with Section 34161), Part 1.85 (commencing with Section 34170), or any other law, a redevelopment agency may continue to exist and carry out the provisions of the Community Redevelopment Law (Part 1 (commencing with Section 33000)) only upon the enactment of an ordinance enacted by the community to comply with this part on or before November 1, 2011, except as provided in clause (ii) of subparagraph (L) of paragraph (2) of subdivision (b) of Section 34194.
(b) If a city or county intends to enact the ordinance provided for in this section after October 1, 2011, it shall indicate that intention by adopting a nonbinding resolution of intent to that effect prior to October 1, 2011, and notify the Department of Finance, the Controller, and the county auditor before October 1, 2011, concerning the resolution. This action shall delay the dissolution of a redevelopment agency until November 1, 2011. If a city or county does not enact an ordinance pursuant to this part, Part 1.8 (commencing with Section 34161) and Part 1.85 (commencing with Section 34170) shall apply, as applicable, to a redevelopment agency.
(Added by Stats. 2011, 1st Ex. Sess., Ch. 6, Sec. 2. (AB 27 1x) Effective June 29, 2011. Ruled unconstitutional per California Redevelopment Assn. v. Matosantos (2011) 53 Cal.4th 231.)
2023 California Code › Health and Safety Code - HSC › DIVISION 24 - COMMUNITY DEVELOPMENT AND HOUSING › PART 1.9 - Alternative Voluntary Redevelopment Program › CHAPTER 2 - Continued Agency Existence › Section 34193.1.

34193.1. On or before November 1, 2011, a city or county that has created a redevelopment agency and enacted an ordinance pursuant to Section 34193 shall notify the county auditor-controller, the Controller, and the Department of Finance that the city or county agree to comply with the provisions of this part.
(Added by Stats. 2011, 1st Ex. Sess., Ch. 6, Sec. 2. (AB 27 1x) Effective June 29, 2011. Ruled unconstitutional per California Redevelopment Assn. v. Matosantos (2011) 53 Cal.4th 231.)
2023 California Code › Health and Safety Code - HSC › DIVISION 24 - COMMUNITY DEVELOPMENT AND HOUSING › PART 1.9 - Alternative Voluntary Redevelopment Program › CHAPTER 2 - Continued Agency Existence › Section 34193.2.

34193.2. The community remittances that are made under this part are intended to benefit the community by ensuring improved educational and other community services in the areas served by the redevelopment agency.
(a) A city or county’s agreement to remit revenues to school entities and special districts under this part is a precondition to continue redevelopment pursuant to this part.
(b) Participation in the alternative voluntary redevelopment program shall also constitute an agreement, on the part of a city or county, that it assigns its rights to any payments owed from a redevelopment agency, including, but not limited to, payments from loan agreements, to the state, in the event that the city or county fails to make a remittance required pursuant to this part.
(Added by Stats. 2011, 1st Ex. Sess., Ch. 6, Sec. 2. (AB 27 1x) Effective June 29, 2011. Ruled unconstitutional per California Redevelopment Assn. v. Matosantos (2011) 53 Cal.4th 231.)
2023 California Code › Health and Safety Code - HSC › DIVISION 24 - COMMUNITY DEVELOPMENT AND HOUSING › PART 1.9 - Alternative Voluntary Redevelopment Program › CHAPTER 2 - Continued Agency Existence › Section 34193.3.

34193.3. The actions of any redevelopment agency of a participating city or county that has enacted an ordinance pursuant to Section 34193, taken after the date of the adoption of that ordinance, and which are subject to the provisions of Sections 33500 or 33501, shall not be subject to subdivision (c) or (d) of Section 33500 or of subdivision (c) of Section 33501. Instead, these actions shall be subject to the other provisions of those sections notwithstanding that the actions occurred after January 1, 2011.
(Added by Stats. 2011, 1st Ex. Sess., Ch. 6, Sec. 2. (AB 27 1x) Effective June 29, 2011. Ruled unconstitutional per California Redevelopment Assn. v. Matosantos (2011) 53 Cal.4th 231.)
2023 California Code › Health and Safety Code - HSC › DIVISION 24 - COMMUNITY DEVELOPMENT AND HOUSING › PART 1.9 - Alternative Voluntary Redevelopment Program › CHAPTER 3 - Community Remittances › Section 34194.2.

34194.2. In choosing to continue redevelopment pursuant to this part, a city or county may enter into an agreement with the redevelopment agency in that jurisdiction, whereby the redevelopment agency will transfer a portion of its tax increment to the city or county, in an amount not to exceed the annual remittance required that year pursuant to this chapter, for the purpose of financing activities within the redevelopment area that are related to accomplishing the redevelopment agency project goals.
(Added by Stats. 2011, 1st Ex. Sess., Ch. 6, Sec. 2. (AB 27 1x) Effective June 29, 2011. Ruled unconstitutional per California Redevelopment Assn. v. Matosantos (2011) 53 Cal.4th 231.)
2023 California Code › Health and Safety Code - HSC › DIVISION 24 - COMMUNITY DEVELOPMENT AND HOUSING › PART 1.9 - Alternative Voluntary Redevelopment Program › CHAPTER 3 - Community Remittances › Section 34194.3.

34194.3. For the 2011–12 fiscal year only, a redevelopment agency included in a city or county that complies with the provisions of this part shall be exempt from making the full allocation required to be made to the Low and Moderate Income Housing Fund, pursuant to Sections 33334.2, 33334.4, and 33334.6. It is the intent of the Legislature that Low and Moderate Income Housing Fund allocations be maintained to the extent feasible. As a condition of reducing its allocation pursuant to this section, the agency shall make a finding that there are insufficient other moneys to meet its debt and other obligations, current priority program needs, or its obligations under Section 34194.2.
(Added by Stats. 2011, 1st Ex. Sess., Ch. 6, Sec. 2. (AB 27 1x) Effective June 29, 2011. Ruled unconstitutional per California Redevelopment Assn. v. Matosantos (2011) 53 Cal.4th 231.)
2023 California Code › Health and Safety Code - HSC › DIVISION 24 - COMMUNITY DEVELOPMENT AND HOUSING › PART 1.9 - Alternative Voluntary Redevelopment Program › CHAPTER 3.5 - Post Dissolution Voluntary Redevelopment Program Participation › Section 34194.5.

34194.5. No community may establish a new redevelopment agency if its former redevelopment agency has been dissolved pursuant to Part 1.85 (commencing with Section 34170) until the successor entity has retired all existing enforceable obligations and debts of the former redevelopment agency and then only after the community adopts the ordinance specified in Section 34193, and the ordinance provides for payment of the remittances specified in paragraph (2) of subdivision (c) of Section 34194.
(Added by Stats. 2011, 1st Ex. Sess., Ch. 6, Sec. 2. (AB 27 1x) Effective June 29, 2011. Ruled unconstitutional per California Redevelopment Assn. v. Matosantos (2011) 53 Cal.4th 231.)
2023 California Code › Health and Safety Code - HSC › DIVISION 24 - COMMUNITY DEVELOPMENT AND HOUSING › PART 1.9 - Alternative Voluntary Redevelopment Program › CHAPTER 4 - Enforcement and Sanctions › Section 34195.

34195. In the event that a city or county fails to make the remittance required pursuant to the agreement specified in Section 34194 or 34194.5 and the Director of Finance makes the determination described in subdivision (d) of Section 34194, the following shall apply:
(a) The city or county shall no longer be authorized to engage in voluntary redevelopment pursuant to this part and the redevelopment agency shall become immediately subject to the provisions of Part 1.8 (commencing with Section 34161) and Part 1.85 (commencing with Section 34170).
(b) The state shall be entitled to an assignment of any rights of a city or county, as applicable, to any payments from the redevelopment agency to which the city or county is entitled, as described in subdivision (b) of Section 34193.2, for purposes of mitigating the fiscal impact to the state related to the failure of the city or county to make the required remittance payment.
(Amended by Stats. 2012, Ch. 162, Sec. 95. (SB 1171) Effective January 1, 2013. Section ruled unconstitutional per California Redevelopment Assn. v. Matosantos (2011) 53 Cal.4th 231.)
2023 California Code › Health and Safety Code - HSC › DIVISION 24 - COMMUNITY DEVELOPMENT AND HOUSING › PART 1.9 - Alternative Voluntary Redevelopment Program › CHAPTER 5 - Auditor-Controller Fee › Section 34196.

34196. The auditor-controller may charge a city or county a fee that does not exceed the reasonable costs of the auditor-controller to implement the provisions of this part.
(Added by Stats. 2011, 1st Ex. Sess., Ch. 6, Sec. 2. (AB 27 1x) Effective June 29, 2011. Ruled unconstitutional per California Redevelopment Assn. v. Matosantos (2011) 53 Cal.4th 231.)
2023 California Code › Health and Safety Code - HSC › DIVISION 24 - COMMUNITY DEVELOPMENT AND HOUSING › PART 2 - HOUSING AUTHORITIES › CHAPTER 1 - Housing Authorities Law › ARTICLE 1 - General Provisions › Section 34201.

34201. It is hereby declared:
(a)  That there exist in the State insanitary or unsafe dwelling accommodations and that persons of low income are forced to reside in such accommodations; that within the State there is a shortage of safe or sanitary dwelling accommodations available at rents which persons of low income can afford and that such persons are forced to occupy overcrowded and congested dwelling accommodations; that these conditions cause an increase in and spread of disease and crime and constitute a menace to the health, safety, morals, and welfare of the residents of the State and impair economic values; that these conditions necessitate excessive and disproportionate expenditures of public funds for crime prevention and punishment, public health and safety, fire and accident protection, and other public services and facilities.
(b)  That these slum areas cannot be cleared, nor can the shortage of safe and sanitary dwellings for persons of low income be relieved, through the operation of private enterprise, and that the construction of housing projects for persons of low income would therefore not be competitive with private enterprise.
(c)  That the clearance, replanning, and reconstruction of the areas in which insanitary or unsafe housing conditions exist and the providing of safe and sanitary dwelling accommodations for persons of low income are public uses and purposes for which public money may be spent and private property acquired and are governmental functions of state concern; that it is in the public interest that work on such projects be commenced as soon as possible in order to relieve unemployment which now constitutes an emergency; and the necessity in the public interest for the provisions of this chapter is declared as a matter of legislative determination.
(Added by Stats. 1951, Ch. 710.)
2023 California Code › Health and Safety Code - HSC › DIVISION 24 - COMMUNITY DEVELOPMENT AND HOUSING › PART 2 - HOUSING AUTHORITIES › CHAPTER 1 - Housing Authorities Law › ARTICLE 1 - General Provisions › Section 34202.

34202. Unless the context otherwise requires, the definitions contained in this article govern the construction of this chapter.
(Added by Stats. 1951, Ch. 710.)
2023 California Code › Health and Safety Code - HSC › DIVISION 24 - COMMUNITY DEVELOPMENT AND HOUSING › PART 2 - HOUSING AUTHORITIES › CHAPTER 1 - Housing Authorities Law › ARTICLE 1 - General Provisions › Section 34204.

34204. “City” means any city or city and county. “County” means any county.
(Added by Stats. 1951, Ch. 710.)
2023 California Code › Health and Safety Code - HSC › DIVISION 24 - COMMUNITY DEVELOPMENT AND HOUSING › PART 2 - HOUSING AUTHORITIES › CHAPTER 1 - Housing Authorities Law › ARTICLE 1 - General Provisions › Section 34205.

34205. “Governing body” means the city council in the case of a city or the board of supervisors in the case of a county.
(Added by Stats. 1951, Ch. 710.)
2023 California Code › Health and Safety Code - HSC › DIVISION 24 - COMMUNITY DEVELOPMENT AND HOUSING › PART 2 - HOUSING AUTHORITIES › CHAPTER 1 - Housing Authorities Law › ARTICLE 1 - General Provisions › Section 34206.

34206. “Mayor” means the mayor of the city or the officer charged with the duties customarily imposed on the executive head of the city.
(Added by Stats. 1951, Ch. 710.)
2023 California Code › Health and Safety Code - HSC › DIVISION 24 - COMMUNITY DEVELOPMENT AND HOUSING › PART 2 - HOUSING AUTHORITIES › CHAPTER 1 - Housing Authorities Law › ARTICLE 1 - General Provisions › Section 34208.

34208. “Area of operation,” in the case of a city authority, includes the city and the area within five miles of its territorial boundaries. It does not include any area which lies within the territorial boundaries of another city unless the governing body of such other city has consented by resolution. It does not include any area which lies within the unincorporated area of any county for which an authority has been authorized to transact business. If a county authority becomes empowered to transact business and exercise its powers, a city authority empowered to transact business and exercise its powers in any of the unincorporated area of the county shall not initiate any further project within such unincorporated territory.
(Added by Stats. 1951, Ch. 710.)
2023 California Code › Health and Safety Code - HSC › DIVISION 24 - COMMUNITY DEVELOPMENT AND HOUSING › PART 2 - HOUSING AUTHORITIES › CHAPTER 1 - Housing Authorities Law › ARTICLE 1 - General Provisions › Section 34209.

34209. “Area of operation,” in the case of a county authority includes all of the county except the area within the territorial boundaries of any city for which an authority has been authorized to transact business. Except as authorized by Section 34312.5, a county authority shall not operate in any city located in the county and in which an authority has not been authorized to transact business unless the consent of the city governing body has been obtained. If an authority of a city within a county becomes empowered to transact business and exercise its powers, a county authority empowered to transact business and exercise its powers has no power to initiate any further project or leased housing within the territorial boundaries of the city, except as provided in Section 34312.5.
(Amended by Stats. 1976, Ch. 1343.)
2023 California Code › Health and Safety Code - HSC › DIVISION 24 - COMMUNITY DEVELOPMENT AND HOUSING › PART 2 - HOUSING AUTHORITIES › CHAPTER 1 - Housing Authorities Law › ARTICLE 1 - General Provisions › Section 34210.

34210. “Federal Government” means the United States, the Federal Emergency Administration of Public Works, or any other agency or instrumentality, corporate or otherwise, of the United States.
(Added by Stats. 1951, Ch. 710.)
2023 California Code › Health and Safety Code - HSC › DIVISION 24 - COMMUNITY DEVELOPMENT AND HOUSING › PART 2 - HOUSING AUTHORITIES › CHAPTER 1 - Housing Authorities Law › ARTICLE 1 - General Provisions › Section 34211.

34211. “Slum” means any area where dwellings predominate which, by reason of dilapidation, overcrowding, faulty arrangement, or design, lack of ventilation, light, or sanitary facilities, or any combination of these factors, are detrimental to safety, health, and morals.
(Added by Stats. 1951, Ch. 710.)
2023 California Code › Health and Safety Code - HSC › DIVISION 24 - COMMUNITY DEVELOPMENT AND HOUSING › PART 2 - HOUSING AUTHORITIES › CHAPTER 1 - Housing Authorities Law › ARTICLE 1 - General Provisions › Section 34212.

34212. “Housing project” means any work or undertaking to be financed in whole or in part by the federal government or a state public body or to which the federal government or a state public body extends assistance by supplying all or part of the labor, by guaranteeing the payment of liens, by providing financing through the issuance of its debt obligations, or otherwise, for any one or a combination of the following purposes:
(a)  To demolish, clear, or remove buildings from any slum area. Such work or undertaking may embrace the adaptation of the area to public purposes, including parks or other recreational or community purposes.
(b)  To provide decent, safe, and sanitary urban or rural dwellings, apartments, or other living accommodations for persons of low income and persons and households eligible for housing assistance pursuant to Section 34312.3. Such work or undertaking may include buildings, land, equipment, facilities, and other real or personal property for necessary, convenient, or desirable appurtenances, streets, sewers, water service, parks, site preparation, gardening, administrative, community, health, recreational, educational, welfare, or other purposes.
“Housing projects” also includes the planning of the buildings and improvements, the acquisition of property, the demolition of existing structures, the construction, reconstruction, alteration, and repair of the improvements, and all other work in connection therewith.
For the purposes of this section, “state public body” means the state, any city, county, city and county, borough, commission, district, authority, or other subdivision or public body of the state, including any housing authority.
(Amended by Stats. 1983, Ch. 1309, Sec. 1.)
2023 California Code › Health and Safety Code - HSC › DIVISION 24 - COMMUNITY DEVELOPMENT AND HOUSING › PART 2 - HOUSING AUTHORITIES › CHAPTER 1 - Housing Authorities Law › ARTICLE 1 - General Provisions › Section 34213.

34213. “Persons of low income” means persons or families whose income does not exceed that permitted by Section 50079.5, or persons or families eligible as lower-income households for assistance provided by state or federal housing programs intended primarily to assist lower-income households, as defined by Section 50079.5.
(Amended by Stats. 1982, Ch. 1138, Sec. 1.5.)
2023 California Code › Health and Safety Code - HSC › DIVISION 24 - COMMUNITY DEVELOPMENT AND HOUSING › PART 2 - HOUSING AUTHORITIES › CHAPTER 1 - Housing Authorities Law › ARTICLE 1 - General Provisions › Section 34213.1.

34213.1. “Construction loan” means a short-term loan secured by real property, made for costs incurred in construction or rehabilitation of a housing project.
(Added by Stats. 1983, Ch. 1309, Sec. 2.)
2023 California Code › Health and Safety Code - HSC › DIVISION 24 - COMMUNITY DEVELOPMENT AND HOUSING › PART 2 - HOUSING AUTHORITIES › CHAPTER 1 - Housing Authorities Law › ARTICLE 1 - General Provisions › Section 34213.5.

34213.5. “Tenant” means a person lawfully residing in rental housing provided by or through an authority, including persons residing in leased housing.
A person residing in leased housing is not a tenant of any authority other than the authority contracting with the owner, or the owner if the owner is an authority.
(Amended by Stats. 1983, Ch. 1309, Sec. 3.)
2023 California Code › Health and Safety Code - HSC › DIVISION 24 - COMMUNITY DEVELOPMENT AND HOUSING › PART 2 - HOUSING AUTHORITIES › CHAPTER 1 - Housing Authorities Law › ARTICLE 1 - General Provisions › Section 34213.6.

34213.6. “Mortgage loan” means a long-term loan which is secured by a mortgage and is made for permanent financing, including refinancing of existing mortgage obligations as authorized by a resolution of the authority of a housing project.
(Added by Stats. 1983, Ch. 1309, Sec. 4.)
2023 California Code › Health and Safety Code - HSC › DIVISION 24 - COMMUNITY DEVELOPMENT AND HOUSING › PART 2 - HOUSING AUTHORITIES › CHAPTER 1 - Housing Authorities Law › ARTICLE 1 - General Provisions › Section 34214.

34214. “Bonds” means any bonds, notes, interim certificates, debentures, or other obligations issued by the authority pursuant to this chapter.
(Added by Stats. 1951, Ch. 710.)