California 2011-2012 Regular Session Status: To Executive 1 D cosponsors

AB 345 — Redevelopment.

Last action — Consideration of Governor's veto pending.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2011-2012 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

(1) The Community Redevelopment Law requires that each redevelopment agency submit the final report of any audit undertaken by any other local, state, or federal government entity to its legislative body and to additionally present an annual report to the legislative body containing specified information. This bill would require the agency to include additional information relating to any major audit violations, as defined, any corrections to those violations, and planning and general administrative expenses of the Low and Moderate Income Housing Fund. The bill would authorize the Controller to conduct quality control reviews of independent financial audit reports and require the Controller to publish the results of his or her reviews. The bill would require the Controller to comply with certain notification and referral provisions in the event that the audit was conducted in a manner that may constitute unprofessional conduct. The bill would require the Department of Housing and Community Development to conduct audits of redevelopment agencies to ensure compliance with the housing provisions of the Community Redevelopment Law. The bill would require each agency to annually deposit 0.05% of any tax increment deposited into the Low and Moderate Income Housing Fund into the Redevelopment Agency Accountability Fund, which the bill would create, to fund the department audits. (2) Existing law requires that funds used for purposes of increasing, improving, and preserving a community's supply of low- and moderate-income housing be held in a separate Low and Moderate Income Housing Fund until used. Existing law limits the planning and general administrative costs which may be paid with moneys from the Low and Moderate Income Housing Fund. The bill would revise the costs and expenses which may be considered planning and general administrative costs for the purposes of being paid from the Low and Moderate Income Housing Fund. Except as provided, the bill would prohibit an agency from expending more than 15% of the tax increment deposited in the fund for planning and general administrative costs. The bill would impose other reporting and accountability measures on agencies with respect to the use of moneys in the fund for planning and administrative purposes. The bill would revise various provisions governing an action to compel agency compliance with specified provisions. (3) Existing law requires, except as specified, each agency to expend over each 10-year period of the implementation plan, the moneys in the Low and Moderate Income Housing Fund to assist housing for persons of moderate, low, and very low income according to specified calculations. The bill would instead require that at least 75% of the agency's expenditures from the fund directly assist the new construction, acquisition and substantial rehabilitation, or preservation of housing for persons of extremely low, very low, low, or moderate income, with at least 25% of the expenditures required to be directed towards housing for persons of extremely low income and at least 50% of the expenditures required to be directed towards housing for persons of very low income. (4) Existing law authorizes a redevelopment agency to merge project areas under its jurisdiction, and requires that at least 20% of specified taxes allocated to the redevelopment agency be deposited into the Low and Moderate Income Housing Fund to assist in the construction or rehabilitation of housing units for very low, and low- and moderate-income households, as specified. Existing law requires that if those funds have not been committed for that purpose within 6 years, the agency shall offer the funds to the housing authority that operates within the jurisdiction of the agency, as specified. This bill would delete the requirement that the funds be offered to the housing authority. (5) Existing law requires an agency that has failed to expend or encumber excess surplus in the Low and Moderate Income Housing Fund within one year to disburse the surplus voluntarily to the appropriate county housing authority or another public agency or to expend or encumber the surplus within 2 additional years. The bill would delete these provisions. The bill would modify the definition of the term "excess surplus." (6) Existing law provides that whenever low- or moderate-income housing dwelling units are destroyed or removed from the low- and moderate-income housing market as part of a redevelopment that is subject to a written agreement with the agency, or where financial assistance has been provided by the agency, the agency is required to provide replacement housing within 4 years of the destruction or removal. The bill would modify the agency's obligation to provide replacement housing to low- or moderate-income persons and families and would impose new requirements on the agency with respect to the replacement housing plan and housing specifications. If a court has found that an agency has failed to comply with these provisions, the bill would require the court, at a minimum, to issue an order temporarily prohibiting the agency from issuing any debt for any project area, except as specified. (7) This bill would make its provisions operative on January 1, 2018.

Bill Text

Action History

  1. Consideration of Governor's veto pending.

  2. Vetoed by Governor.

  3. Enrolled and presented to the Governor at 1:35 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 78. Noes 0. Page 6491.).

  5. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 28 pursuant to Assembly Rule 77.

  6. Read third time. Passed. Ordered to the Assembly. (Ayes 28. Noes 4. Page 4755.).

  7. Read second time. Ordered to third reading.

  8. Read third time and amended. Ordered to second reading.

  9. Read second time. Ordered to third reading.

  10. Ordered to second reading.

  11. From inactive file.

  12. Ordered to inactive file at the request of Senator Kehoe.

  13. Read second time. Ordered to third reading.

  14. From committee: Be placed on second reading file pursuant to Senate Rule 28.8.

  15. Read second time and amended. Re-referred to Com. on APPR.

  16. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 6. Noes 3.) (June 28).

  17. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on T. & H.

  18. In committee: Set, second hearing. Hearing canceled at the request of author.

  19. In committee: Set, first hearing. Hearing canceled at the request of author.

  20. Referred to Com. on T. & H.

  21. In Senate. Read first time. To Com. on RLS. for assignment.

  22. Read third time. Passed. Ordered to the Senate. (Ayes 60. Noes 16. Page 1391.)

  23. Read second time. Ordered to third reading.

  24. From committee: Do pass. (Ayes 12. Noes 5.) (May 4).

  25. From committee: Do pass and re-refer to Com. on APPR. (Ayes 10. Noes 4.) (April 11). Re-referred to Com. on APPR.

  26. Re-referred to Com. on TRANS.

  27. From committee chair, with author's amendments: Amend, and re-refer to Com. on TRANS. Read second time and amended.

  28. Referred to Com. on TRANS.

  29. From printer. May be heard in committee March 13.

  30. Read first time. To print.

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 2 co-sponsors · 119 not signed on · 4 voted No

Sponsors (1)

  • Torres

Co-sponsors (2)

Not signed on (119)

119 members have not signed on to this bill.

Show all 119 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

AB 345 TORRES Concurrence in Senate Amendments

Passed 78 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 75002
Democratic 1000
Republican 2000
Total 78002
% of votes cast 98%0%0%3%
How each member voted (80)
Member Party Vote
Halderman — Yea
Yamada — Yea
Butler — Yea
Feuer — Yea
Furutani — Yea
Gordon — Yea
John A. Pérez — Yea
Mitchell — Yea
Hagman — Yea
Hall — Yea
Atkins — Yea
Campos — Yea
Harkey — Yea
Hill — Yea
Huber — Yea
Carter — Yea
Portantino — Yea
Jeffries — Yea
Knight — Yea
Cedillo — Yea
Allen — Yea
Bonilla — Yea
Ammiano — Yea
Chesbro — Yea
Conway — Yea
Logue — Yea
Miller — Yea
Morrell — Yea
Nielsen — Yea
Norby — Yea
Pan — Yea
Silva — Yea
Skinner — Yea
Swanson — Yea
Torres — Yea
Wagner — Yea
Williams — Yea
Fong — Yea
Fletcher — Yea
Fuentes — Yea
Galgiani — Yea
Gorell — Yea
Hueso — Not Voting
Beall — Yea
Donnelly — Not Voting
Monning — Yea
Achadjian — Yea
Alejo — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Huffman — Yea
Lara — Yea
Ma — Yea
Mansoor — Yea
Mendoza — Yea
Nestande — Yea
Olsen — Yea
Perea — Yea
Solorio — Yea
Smyth — Yea
Valadao — Yea
Wieckowski — Yea
Cook — Yea
Eng — Yea
Davis — Yea
Dickinson — Yea
Garrick — Yea
Gatto — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

3rd Reading AB345 Torres By Lowenthal

Passed 28 Yea · 4 Nay · 8 Other
Party YeaNayPresentNot Voting
Unaffiliated 25408
Republican 1000
Democratic 2000
Total 28408
% of votes cast 70%10%0%20%
How each member voted (40)
Member Party Vote
Yee — Yea
Hancock — Yea
Wyland — Yea
Lowenthal — Yea
Negrete McLeod — Yea
Rubio — Yea
Cannella — Not Voting
Runner — Nay
Evans — Yea
Fuller — Yea
De León — Not Voting
Harman — Not Voting
Hernandez — Yea
Huff — Yea
Kehoe — Not Voting
Anderson — Nay
Blakeslee — Not Voting
Corbett — Yea
Dutton — Yea
Leno — Yea
Liu — Yea
Pavley — Yea
Price — Yea
Simitian — Yea
Steinberg — Yea
Vargas — Yea
Wolk — Yea
Alquist — Yea
Lieu — Yea
Walters — Yea
Wright — Yea
Emmerson — Not Voting
Correa — Not Voting
DeSaulnier — Not Voting
Beth Gaines — Nay
Bill Berryhill — Yea
La Malfa — Nay
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

AB 345 ATKINS Assembly Third Reading

Passed 60 Yea · 16 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 561504
Republican 1100
Democratic 3000
Total 601604
% of votes cast 75%20%0%5%
How each member voted (80)
Member Party Vote
Hagman — Yea
Butler — Yea
Yamada — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Galgiani — Yea
Fletcher — Yea
Garrick — Nay
Gordon — Yea
Campos — Yea
Gorell — Not Voting
Bonilla — Yea
Atkins — Yea
Halderman — Nay
Hall — Yea
Chesbro — Yea
Harkey — Nay
Hayashi — Yea
Huffman — Yea
Jeffries — Yea
Beall — Yea
Block — Yea
Conway — Not Voting
Donnelly — Nay
Lara — Yea
Logue — Nay
Mendoza — Yea
Miller — Nay
Monning — Yea
Morrell — Nay
Nestande — Yea
Nielsen — Nay
Pan — Yea
Perea — Yea
Skinner — Yea
Smyth — Yea
Solorio — Yea
Valadao — Yea
Wagner — Nay
Huber — Yea
Olsen — Yea
Carter — Yea
Cedillo — Yea
Cook — Yea
Swanson — Yea
Williams — Yea
Achadjian — Nay
Alejo — Yea
Ammiano — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hill — Yea
Hueso — Yea
Knight — Nay
Ma — Yea
Mansoor — Nay
Norby — Not Voting
Silva — Nay
Torres — Yea
Wieckowski — Yea
Eng — Yea
Feuer — Yea
Davis — Yea
Dickinson — Yea
Fuentes — Yea
Furutani — Not Voting
Gatto — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Allen, Benjamin Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Grove, Shannon Republican Nay
Jones, Brian W. Republican Yea

Official roll call →

Do pass.

Passed 12 Yea · 5 Nay
Party YeaNayPresentNot Voting
Unaffiliated 11500
Democratic 1000
Total 12500
% of votes cast 71%29%0%0%
How each member voted (17)
Member Party Vote
Hall — Yea
Fuentes — Yea
Gatto — Yea
Mitchell — Yea
Campos — Yea
Blumenfield — Yea
Davis — Yea
Norby — Nay
Bradford — Yea
Harkey — Nay
Hill — Yea
Lara — Yea
Nielsen — Nay
Solorio — Yea
Wagner — Nay
Donnelly — Nay
Calderon, Lisa Democratic Yea

Official roll call →

Subjects

housing labor
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Frequently asked questions

What does AB 345 do?
(1) The Community Redevelopment Law requires that each redevelopment agency submit the final report of any audit undertaken by any other local, state, or federal government entity to its legislative body and to additionally present an annual report to the legislative body containing specified information. This bill would require the agency to include additional information relating to any major audit violations, as defined, any corrections to those violations, and planning and general administrative expenses of the Low and Moderate Income Housing Fund. The bill would authorize the Controller to conduct quality control reviews of independent financial audit reports and require the Controller to publish the results of his or her reviews. The bill would require the Controller to comply with certain notification and referral provisions in the event that the audit was conducted in a manner that may constitute unprofessional conduct. The bill would require the Department of Housing and Community Development to conduct audits of redevelopment agencies to ensure compliance with the housing provisions of the Community Redevelopment Law. The bill would require each agency to annually deposit 0.05% of any tax increment deposited into the Low and Moderate Income Housing Fund into the Redevelopment Agency Accountability Fund, which the bill would create, to fund the department audits. (2) Existing law requires that funds used for purposes of increasing, improving, and preserving a community's supply of low- and moderate-income housing be held in a separate Low and Moderate Income Housing Fund until used. Existing law limits the planning and general administrative costs which may be paid with moneys from the Low and Moderate Income Housing Fund. The bill would revise the costs and expenses which may be considered planning and general administrative costs for the purposes of being paid from the Low and Moderate Income Housing Fund. Except as provided, the bill would prohibit an agency from expending more than 15% of the tax increment deposited in the fund for planning and general administrative costs. The bill would impose other reporting and accountability measures on agencies with respect to the use of moneys in the fund for planning and administrative purposes. The bill would revise various provisions governing an action to compel agency compliance with specified provisions. (3) Existing law requires, except as specified, each agency to expend over each 10-year period of the implementation plan, the moneys in the Low and Moderate Income Housing Fund to assist housing for persons of moderate, low, and very low income according to specified calculations. The bill would instead require that at least 75% of the agency's expenditures from the fund directly assist the new construction, acquisition and substantial rehabilitation, or preservation of housing for persons of extremely low, very low, low, or moderate income, with at least 25% of the expenditures required to be directed towards housing for persons of extremely low income and at least 50% of the expenditures required to be directed towards housing for persons of very low income. (4) Existing law authorizes a redevelopment agency to merge project areas under its jurisdiction, and requires that at least 20% of specified taxes allocated to the redevelopment agency be deposited into the Low and Moderate Income Housing Fund to assist in the construction or rehabilitation of housing units for very low, and low- and moderate-income households, as specified. Existing law requires that if those funds have not been committed for that purpose within 6 years, the agency shall offer the funds to the housing authority that operates within the jurisdiction of the agency, as specified. This bill would delete the requirement that the funds be offered to the housing authority. (5) Existing law requires an agency that has failed to expend or encumber excess surplus in the Low and Moderate Income Housing Fund within one year to disburse the surplus voluntarily to the appropriate county housing authority or another public agency or to expend or encumber the surplus within 2 additional years. The bill would delete these provisions. The bill would modify the definition of the term "excess surplus." (6) Existing law provides that whenever low- or moderate-income housing dwelling units are destroyed or removed from the low- and moderate-income housing market as part of a redevelopment that is subject to a written agreement with the agency, or where financial assistance has been provided by the agency, the agency is required to provide replacement housing within 4 years of the destruction or removal. The bill would modify the agency's obligation to provide replacement housing to low- or moderate-income persons and families and would impose new requirements on the agency with respect to the replacement housing plan and housing specifications. If a court has found that an agency has failed to comply with these provisions, the bill would require the court, at a minimum, to issue an order temporarily prohibiting the agency from issuing any debt for any project area, except as specified. (7) This bill would make its provisions operative on January 1, 2018.
Who sponsors AB 345?
AB 345 is sponsored by Lowenthal, Josh (Democratic), Atkins, and Torres.
What is the current status of AB 345?
This bill died with 2011-2012 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 345?
Track AB 345 free on One Click Politics — get push/email alerts when it moves.

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