Chapter 5 - Funding

California Public Resources Code — §§ 35170-35175

Sections (6)

Added by Stats. 1992, Ch. 822, Sec. 1. Effective January 1, 1993.

The Legislature, by the enactment of this chapter, intends that the authority use any funds provided by this chapter to supplement existing local revenues being used for open-space acquisition, preservation, or maintenance purposes. The county and the cities within the jurisdiction of the authority are further encouraged to maintain their existing commitment of local funds for these purposes.

§ 35171

Added by Stats. 1992, Ch. 822, Sec. 1. Effective January 1, 1993.

(a)The authority shall review and assess the needs for acquisition, preservation, or maintenance of open-space lands. As part of this review and assessment, the authority shall solicit proposals from the cities in the county within the boundaries of the authority and from a citizens’ advisory committee, the membership of which shall be determined by the authority based upon criteria which provides a broad representation of interests within the authority’s jurisdiction. The membership of the citizens’ advisory committee shall reflect the cultural and ethnic diversity of the population within the authority’s jurisdiction. The authority shall adopt a procedure for evaluating these proposals in consultation with the cities and the citizens’ advisory committee in the authority’s jurisdiction. The entity submitting any proposal shall consider the impact the proposal may have on the availability of affordable housing.

(b)Based on the evaluation, the authority shall prepare a plan for the expenditure of the revenues expected to be derived from funding provided for this division, together with other federal, state, local, and private improvements, and funding.

(c)In addition to acquisition, preservation, or maintenance of open-space lands, the expenditure plan shall also include projections of revenues likely to be available in the next five years for capital, maintenance, and operational purposes. The expenditure plan shall establish general areas for acquisition without identifying specific parcels, and shall be periodically reviewed and amended. Before adoption or amendment of an expenditure plan, the authority shall conduct public hearings on that plan. No expenditure for open-space lands shall occur until the initial expenditure plan is approved.

§ 35172

Repealed and added by Stats. 2024, Ch. 733, Sec. 4. (AB 2682) Effective January 1, 2025.

(a)Subject to Section 4 of Article XIII A of the California Constitution, the authority may impose qualified special taxes within the authority’s jurisdiction pursuant to the procedures established in Article 3.5 (commencing with Section 50075) of Chapter 1 of Part 1 of Division 1 of Title 5 of the Government Code and any other applicable procedures provided by law.

(b)(1) As used in this section, “qualified special taxes” means special taxes that apply uniformly to all taxpayers or all real property within the authority’s jurisdiction, except that unimproved property may be taxed at a lower rate than improved property. “Qualified

special taxes” may include taxes that provide for an exemption from those taxes for any or all of the following taxpayers:

(A) Persons who are 65 years of age or older.

(B) Persons receiving Supplemental Security Income for a disability, regardless of age.

(C) Persons receiving Social Security Disability Insurance benefits, regardless of age, whose yearly income does not exceed 250 percent of the 2012 federal poverty guidelines issued by the United States Department of Health and Human Services.

(2)“Qualified special taxes” does not include special taxes imposed on a particular class of property or taxpayers.

(c)Any exemption granted pursuant to subdivision (b) shall remain in effect until the taxpayer becomes ineligible. If the taxpayer becomes ineligible for the exemption for any reason, a new exemption may be granted in the same manner.

(d)(1) If the authority provides for an exemption for a qualified special tax pursuant to subdivision (b), and the authority contracts or enters into an agreement with the county to collect the qualified special tax within the authority’s jurisdiction, the authority shall annually provide to the tax collector of that county all of the following information:

(A) A hyperlink to the location on the internet website of the authority that contains exemption information, if available.

(B) A hyperlink to the location on the internet website of the authority that contains the application for the exemption, if available.

(2)If a county contracts or enters into an agreement with the authority to collect a qualified special tax for the authority and for which the authority provides for an exemption pursuant to subdivision (b), the tax collector of that county shall include a hyperlink, which shall be identified as “Parcel Tax Exemptions,” on the tax collector’s internet website home page to another location on the tax collector’s internet website that posts the hyperlinks and information provided by the authority in paragraph (1).

(3)Paragraph (2) shall only apply when the authority provides the information to the tax collector required by paragraph (1). The tax collector shall not post any hyperlink to a location on the authority’s internet website that is invalid.

§ 35173

Added by Stats. 1992, Ch. 822, Sec. 1. Effective January 1, 1993.

The authority may levy assessments pursuant to the Improvement Act of 1911, Division 7 (commencing with Section 5000), the Improvement Bond Act of 1915, Division 10 (commencing with Section 8500), and the Municipal Improvement Act of 1913, Division 12 (commencing with Section 10000) of the Streets and Highways Code.

§ 35174

Added by Stats. 1992, Ch. 822, Sec. 1. Effective January 1, 1993.

The authority may incur indebtedness to finance capital improvements pursuant to Chapter 4 (commencing with Section 43600) of Division 4 of Title 4 of the Government Code.

§ 35175

Added by Stats. 2024, Ch. 733, Sec. 5. (AB 2682) Effective January 1, 2025.

The authority may finance facilities and issue bonds under this division pursuant to the Mello-Roos Community Facilities Act of 1982 (Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the Government Code).