Amends TCA Title 9, Chapter 23 and Title 13, Chapter 20.
This bill revises the present law provisions governing public planning, as discussed below.<br /> <br /> Present law authorizes housing authorities to carry out any transit-oriented redevelopment project and may engage in certain activities, such as acquiring real property. Prior to initiating a transit-oriented redevelopment project, the housing authority must have approval of a transit-oriented redevelopment plan by the governing body of the municipality in which any of the area to be covered by the transit-oriented redevelopment project is situated.<br /> <br /> This bill adds that a housing authority must vote to approve or disapprove an amendment to a transit-oriented redevelopment plan initiated by the governing body of the municipality within 60 days of the amendment being submitted by the governing body, and that a governing body of a municipality must vote to approve or disapprove an amendment to a transit-oriented redevelopment plan initiated by an authority within 60 days of the amendment being submitted by the authority.<br /> <br /> This bill establishes an appeal process for a property owner within the area covered by a transit-oriented redevelopment plan to appeal a decision of a housing authority, or any committee of the authority, regarding a transit-oriented redevelopment project to a legislative appeal board composed of the members of the general assembly and the members of the local legislative bodies who represent each district, in whole or in part, within the area where the transit-oriented redevelopment project is located. This bill sets out in detail the appeal procedure. This bill requires the legislative appeal board to meet at least once each quarter at a location that is convenient to the members, unless there are no appeals filed in that quarter, in which case the legislative appeal board does not have to meet. This bill authorizes the appeal board to overrule a decision of the housing authority or committee that is the subject of the appeal, and such decision will be binding on the authority or committee.<br /> <br /> Under present law, the Uniformity in Tax Increment Financing Act provides for the division of the property taxes levied upon property located within the area subject to a redevelopment plan approved pursuant to the housing authority laws, an economic impact plan approved pursuant to the industrial development corporation laws, or a community redevelopment plan approved pursuant to the Community Redevelopment Act. The Tax Increment Financing Act provides that a plan may provide that a total of up to 5 percent of incremental tax revenues may be set aside for administrative expenses, including expenses incurred by the tax increment agency and tax agency administrative offices (assessor of property and/or trustee or other tax collecting official) in administering the plan, and including a reasonable allocation of overhead expenses.<br /> <br /> This bill reduces from 5 percent to 3 percent the amount of incremental tax revenues that may be set aside for such administrative expenses in regard to a redevelopment plan approved pursuant to housing authority laws that includes tax increment financing of $1 million or more.<br /> <br /> ON MARCH 25, 2019, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 74, AS AMENDED.<br /> <br /> AMENDMENT #1 revises the membership of the legislative appeal board. Under the bill as introduced, the board is composed of the members of the general assembly and the members of the local legislative bodies who represent each district, in whole or in part, within the area where the transit-oriented redevelopment project is located. This amendment revises the membership to be as follows:<br /> <br /> (A) The members of the general assembly, as nonvoting, ex officio members, who represent the districts, in whole or in part, within the area where the transit-oriented redevelopment project is located;<br /> (B) The members of the local legislative bodies, as voting, ex officio members, who represent the districts, in whole or in part, within the area where the transit-oriented redevelopment project is located; and<br /> (C) Two members appointed by the members of the general assembly who are ex officio members of the board.<br /> <br /> This amendment also specifies that this bill's provisions reducing from 5 percent to 3 percent the amount of incremental tax revenues that may be set aside for administrative expenses in regard to a redevelopment plan (as described above in the bill summary) applies to "transit-oriented" redevelopment plans.<br /> <br />
This bill revises the present law provisions governing public planning, as discussed below.<br /> <br /> Present law authorizes housing authorities to carry out any transit-oriented redevelopment project and may engage in certain activities, such as acquiring real property. Prior to initiating a transit-oriented redevelopment project, the housing authority must have approval of a transit-oriented redevelopment plan by the governing body of the municipality in which any of the area to be covered by the transit-oriented redevelopment project is situated.<br /> <br /> This bill adds that a housing authority must vote to approve or disapprove an amendment to a transit-oriented redevelopment plan initiated by the governing body of the municipality within 60 days of the amendment being submitted by the governing body, and that a governing body of a municipality must vote to approve or disapprove an amendment to a transit-oriented redevelopment plan initiated by an authority within 60 days of the amendment being submitted by the authority.<br /> <br /> This bill establishes an appeal process for a property owner within the area covered by a transit-oriented redevelopment plan to appeal a decision of a housing authority, or any committee of the authority, regarding a transit-oriented redevelopment project to a legislative appeal board composed of the members of the general assembly and the members of the local legislative bodies who represent each district, in whole or in part, within the area where the transit-oriented redevelopment project is located. This bill sets out in detail the appeal procedure. This bill requires the legislative appeal board to meet at least once each quarter at a location that is convenient to the members, unless there are no appeals filed in that quarter, in which case the legislative appeal board does not have to meet. This bill authorizes the appeal board to overrule a decision of the housing authority or committee that is the subject of the appeal, and such decision will be binding on the authority or committee.<br /> <br /> Under present law, the Uniformity in Tax Increment Financing Act provides for the division of the property taxes levied upon property located within the area subject to a redevelopment plan approved pursuant to the housing authority laws, an economic impact plan approved pursuant to the industrial development corporation laws, or a community redevelopment plan approved pursuant to the Community Redevelopment Act. The Tax Increment Financing Act provides that a plan may provide that a total of up to 5 percent of incremental tax revenues may be set aside for administrative expenses, including expenses incurred by the tax increment agency and tax agency administrative offices (assessor of property and/or trustee or other tax collecting official) in administering the plan, and including a reasonable allocation of overhead expenses.<br /> <br /> This bill reduces from 5 percent to 3 percent the amount of incremental tax revenues that may be set aside for such administrative expenses in regard to a redevelopment plan approved pursuant to housing authority laws that includes tax increment financing of $1 million or more.<br /> <br /> ON MARCH 25, 2019, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 74, AS AMENDED.<br /> <br /> AMENDMENT #1 revises the membership of the legislative appeal board. Under the bill as introduced, the board is composed of the members of the general assembly and the members of the local legislative bodies who represent each district, in whole or in part, within the area where the transit-oriented redevelopment project is located. This amendment revises the membership to be as follows:<br /> <br /> (A) The members of the general assembly, as nonvoting, ex officio members, who represent the districts, in whole or in part, within the area where the transit-oriented redevelopment project is located;<br /> (B) The members of the local legislative bodies, as voting, ex officio members, who represent the districts, in whole or in part, within the area where the transit-oriented redevelopment project is located; and<br /> (C) Two members appointed by the members of the general assembly who are ex officio members of the board.<br /> <br /> This amendment also specifies that this bill's provisions reducing from 5 percent to 3 percent the amount of incremental tax revenues that may be set aside for administrative expenses in regard to a redevelopment plan (as described above in the bill summary) applies to "transit-oriented" redevelopment plans.<br /> <br />
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