SB 1140

Bill Subjects

Abstract

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 requires the public financing authority of an enhanced infrastructure financing district to hold a meeting and 3 public hearings on a proposed infrastructure financing plan, as provided. Existing law requires the infrastructure financing plan, among other things, to be sent to each owner of land within the proposed district and to each affected taxing entity. Existing law establishes notice requirements for the meeting and public hearings, including requiring a written notice of each meeting or public hearing to be mailed to each landowner, each resident, and each taxing entity, as specified. Alternative to mailing the documents and notices, existing law authorizes an official designated by the city or county to, instead, comply with alternative notice procedures. Existing law requires the public financing authority to review the infrastructure financing plan at least annually and make any amendments that are necessary and appropriate. Existing law requires a public financing authority to adopt an annual report, as provided, after holding a public hearing, and complying with certain notice requirements, including that the notice be mailed by first-class mail, but may be addressed to "occupant." This bill would revise and recast those provisions by, among other things, requiring the public financing authority to hold a meeting and 2 public hearings, as specified. The bill would remove the requirement that annual report notices be mailed by first-class mail. This bill would revise and recast the alternative notice procedures by, among other things, authorizing the alternative notice procedures to be used instead of the above-described notice requirements for amendments and annual plans. With respect to the alternative notice procedures, the bill would require the notice to include specified information and would require additional notice procedures, if a public hearing is rescheduled for a later date than provided in the notice, due to unanticipated circumstances. This bill would require a notice required by these provisions to be provided in English and in all other languages spoken jointly by 20% or more of the population in the jurisdiction of the county of the proposed district that speaks English less than "very well" and jointly speaks a language other than English according to data from the most recent American Community Survey or data from an equally reliable source, except as specified. Existing law makes findings and declarations related to these provisions. This bill would make additional findings and declarations that, among other things, public benefits will accrue if local agencies, excluding schools, are provided a means to improve air quality, fund port and harbor infrastructure, fund projects to improve broadband internet access service, and construct facilities for nonprofit community organizations that provide health, youth, homeless, and social services. 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. Existing law defines "eligible project" to include 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 additionally include a project that intends to improve air quality within the definition of "eligible project." This bill would incorporate additional changes to Sections 53398.50 and 53398.52 of the Government Code proposed by AB 1819 to be operative only if this bill and AB 1819 are enacted and this bill is enacted last.