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ASSEMBLY CONSTITUTIONALAMENDMENT NO. 1
ACA-1 Local government financing: affordable housing and public infrastructure: voter approval.(2023-2 AMENDED IN ASSEMBLY JULY 13, 2023
AMENDED IN ASSEMBLY MAY 30, 2023
CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION
Introduced by Assembly Members Aguiar-Curry, Berman, and Haney Haney, Lee, and Wicks(Principal coauthor: Senator Wiener)(Coauthors: Assembly Members Addis, Arambula, Bennett, Boerner, Bryan, Juan Carrillo, Friedman,Garcia, Grayson, Hart, Holden, Jackson, Kalra, Lowenthal, McCarty, Stephanie Nguyen, Ortega, Luz Rivas,Robert Rivas, Blanca Rubio, Santiago, Ting, Villapudua, Ward, and Wood) Weber, Wilson, Wood, and Zbur) December 05, 2022
A resolution to propose to the people of the State of California an amendment to the Constitution of the State, by amending Sections 1 and 4 of Article XIII A thereof, by amending Section 2 of, and by adding Section 2.5 to, Article XIII C thereof, by amending Section 3 of Article XIII D thereof, and by amending Section 18 of Article XVI thereof, relating to local finance.
LEGISLATIVE COUNSEL'S DIGEST
ACA 1, as amended, Aguiar-Curry. Local government financing: affordable housing and public infrastructure: voter approval. (1) The California Constitution prohibits the ad valorem tax rate on real property from exceeding 1% of the full cash value ofthe property, subject to certain exceptions.
This measure would create an additional exception to the 1% limit that would authorize a city, county, city and county, orspecial district to levy an ad valorem tax to service bonded indebtedness incurred to fund the construction, reconstruction,rehabilitation, or replacement of public infrastructure, affordable housing, or permanent supportive housing, or the acquisitionor lease of real property for those purposes, if the proposition proposing that tax is approved by 55% of the voters of the city,county, or city and county, or special district, as applicable, and the proposition includes specified accountability requirements.The measure would specify that these provisions apply to any city, county, city and county, or special district measure imposingan ad valorem tax to pay the interest and redemption charges on bonded indebtedness for these purposes that is submitted atthe same election as this measure. (2) The California Constitution conditions the imposition of a special tax by a local government upon the approval of 2/3 of the voters of the local government voting on that tax.
This measure would authorize a local government to impose, extend, or increase a sales and use tax or transactions and use taximposed in accordance with specified law or a parcel tax, as defined, for the purposes of funding the construction,reconstruction, rehabilitation, or replacement of public infrastructure, affordable housing, or permanent supportive housinghousing, or the acquisition or lease of real property for those purposes, if the proposition proposing that tax is approved by a HomeBill Information California LawPublicationsOther ResourcesMy SubscriptionsMy Favorites 7/31/23, 8:51 AM Bill Text - ACA-1 Local government financing: affordable housing and public infrastructure: voter approval. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240ACA1 2/6 majority vote of the membership of the governing board of the local government and by 55% of its voters voting on theproposition and the proposition includes specified accountability requirements. This measure would also make conformingchanges to related provisions. The measure would specify that these provisions apply to any local measure imposing, extending,or increasing a sales and use tax, transactions and use tax, or parcel tax for these purposes that is submitted at the sameelection as this measure. (3) The California Constitution prohibits specified local government agencies from incurring any indebtedness exceeding in any year the income and revenue provided in that year, without the assent of 2/3 of the voters and subject to other conditions. In the case of a school district, community college district, or county office of education, the California Constitution permits aproposition for the incurrence of indebtedness in the form of general obligation bonds for the construction, reconstruction,rehabilitation, or replacement of school facilities, including the furnishing and equipping of school facilities, or the acquisition orlease of real property for school facilities, to be adopted upon the approval of 55% of the voters of the district or county, asappropriate, voting on the proposition at an election.
This measure would expressly prohibit a special district, other than a board of education or school district, from incurring anyindebtedness or liability exceeding any applicable statutory limit, as prescribed by the statutes governing the special district.The measure would also similarly require the approval of 55% of the voters of the city, county, city and county, or specialdistrict, as applicable, to incur bonded indebtedness, exceeding in any year the income and revenue provided in that year, thatis in the form of general obligation bonds issued to fund the construction, reconstruction, rehabilitation, or replacement of publicinfrastructure, affordable housing, or permanent supportive housing projects, if the proposition proposing that bond includesspecified accountability requirements. The measure would specify that this 55% threshold applies to any proposition for theincurrence of indebtedness by a city, county, city and county, or special district for these purposes that is submitted at the sameelection as this measure.Vote: 2/3 Appropriation: no Fiscal Committee: no Local Program: no Resolved by the Assembly, the Senate concurring, That the Legislature of the State of California at its 2023–24 Regular Sessioncommencing on the fifth day of December 2022, two-thirds of the membership of each house concurring, hereby proposes tothe people of the State of California, that the Constitution of the State be amended as follows:
First— That Section 1 of Article XIII A thereof is amended to read:
SECTION 1. (a) The maximum amount of any ad valorem tax on real property shall not exceed 1 percent of the full cash value ofthat property. The 1 percent tax shall be collected by the counties and apportioned according to law to the districts within thecounties. (b) The limitation provided for in subdivision (a) shall not apply to ad valorem taxes or special assessments to pay the interestand redemption charges on any of the following:
(1) Indebtedness approved by the voters before July 1, 1978. (2) Bonded indebtedness to fund the acquisition or improvement of real property approved on or after July 1, 1978, by two-thirds of the votes cast by the voters voting on the proposition. (3) Bonded indebtedness incurred by a school district, community college district, or county office of education for theconstruction, reconstruction, rehabilitation, or replacement of school facilities, including the furnishing and equipping of schoolfacilities, or the acquisition or lease of real property for school facilities, approved by 55 percent of the voters of the district orcounty, as appropriate, voting on the proposition on or after November 8, 2000. This paragraph shall apply only if theproposition approved by the voters and resulting in the bonded indebtedness includes all of the following accountabilityrequirements:
(A) A requirement that the proceeds from the sale of the bonds be used only for the purposes specified in this paragraph,and not for any other purpose, including teacher and administrator salaries and other school operating expenses. (B) A list of the specific school facilities projects to be funded and certification that the school district board, communitycollege board, or county office of education has evaluated safety, class size reduction, and information technology needs indeveloping that list. (C) A requirement that the school district board, community college board, or county office of education conduct an annual,independent performance audit to ensure that the funds have been expended only on the specific projects listed. (D) A requirement that the school district board, community college board, or county office of education conduct anannual, independent financial audit of the proceeds from the sale of the bonds until all of those proceeds have beenexpended for the school facilities projects. (4) (A) Bonded indebtedness incurred by a city, county, city and county, or special district for the construction, reconstruction,rehabilitation, or replacement of public infrastructure, affordable housing, or permanent supportive housing for persons at riskof chronic homelessness, including persons with mental illness, or the acquisition or lease of real property for publicinfrastructure, affordable housing, or permanent supportive housing for persons at risk of chronic homelessness, includingpersons with mental illness, approved by 55 percent of the voters of the city, county, city and county, or special district, asappropriate, voting on the proposition on or after the effective date of the measure adding this paragraph. This paragraph 7/31/23, 8:51 AM Bill Text - ACA-1 Local government financing: affordable housing and public infrastructure: voter approval. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240ACA1 3/6 shall apply only if the proposition approved by the voters and resulting in the bonded indebtedness includes all of thefollowing accountability requirements:
(i) A requirement that the proceeds from the sale of the bonds be used only for the purposes specified in thisparagraph, and not for any other purpose, including city, county, city and county, or special district employee salariesand other operating expenses. (ii) The specific local program or ordinance through which projects will be funded and a certification that the city,county, city and county, or special district has evaluated alternative funding sources. (iii) A requirement that the city, county, city and county, or special district conduct an annual, independent performanceaudit to ensure that the funds have been expended pursuant to the local program or ordinance specified in clause (ii). (iv) A requirement that the city, county, city and county, or special district conduct an annual, independent financialaudit of the proceeds from the sale of the bonds until all of those proceeds have been expended for the publicinfrastructure or affordable housing projects, as applicable. (v) A requirement that the city, county, city and county, or special district post the audits required by clauses (iii) and(iv) in a manner that is easily accessible to the public. (vi) A requirement that the city, county, city and county, or special district appoint a citizens’ oversight committee toensure that bond proceeds are expended only for the purposes described in the measure approved by the voters. (B) For purposes of this paragraph:
(i) “Affordable housing” shall include housing developments, or portions of housing developments, that provideworkforce housing affordable to households earning up to 150 percent of countywide median income, and housingdevelopments, or portions of housing developments, that provide housing affordable to lower, low-, or very low incomehouseholds, as those terms are defined in state law. (ii) “At risk of chronic homelessness” includes, but is not limited to, persons who are at high risk of long-term orintermittent homelessness, including persons with mental illness exiting institutionalized settings, including, but notlimited to, jail and mental health facilities, who were homeless prior to admission, transition age youth experiencinghomelessness or with significant barriers to housing stability, and others, as defined in program guidelines. (iii) “Permanent supportive housing” means housing with no limit on length of stay, that is occupied by the targetpopulation, and that is linked to onsite or offsite services that assist residents in retaining the housing, improving theirhealth status, and maximizing their ability to live and, when possible, work in the community. “Permanent supportivehousing” includes associated facilities, if those facilities are used to provide services to housing residents. (iv) “Public infrastructure” shall include, but is not limited to, projects that provide any of the following:
(I) Water or protect protection of water quality.
(II) Sanitary sewer.
(III) Treatment of wastewater or reduction of pollution from stormwater runoff. (IV) Protection of property from impacts of sea level rise. (V) Parks and recreation facilities.
(VI) Open space.
(VII) Improvements to transit and streets and highways. (VIII) Flood control.
(IX) Broadband internet access service expansion in underserved areas. (X) Local hospital construction.
(XI) Public safety buildings or facilities, equipment related to fire suppression, emergency response equipment, orinteroperable communications equipment for direct and exclusive use by fire, emergency response, policy, police, orsheriff personnel. (XII) Public library facilities.
(v) “Special district” has the same meaning as provided in subdivision (c) of Section 1 of Article XIII C and specifically includes atransit district, a regional transportation commission, and an association of governments, except that “special district” does notinclude a school district, redevelopment agency, or successor agency to a dissolved redevelopment agency. (C) This paragraph shall apply to any city, county, city and county, or special district measure imposing an ad valorem taxto pay the interest and redemption charges on bonded indebtedness for those purposes described in this paragraph that issubmitted at the same election as the measure adding this paragraph. 7/31/23, 8:51 AM Bill Text - ACA-1 Local government financing: affordable housing and public infrastructure: voter approval. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240ACA1 4/6 (c) (1) Notwithstanding any other provisions of law or of this Constitution, a school district, community college district, orcounty office of education may levy a 55-percent vote ad valorem tax pursuant to paragraph (3) of subdivision (b). (2) Notwithstanding any other provisions of law or this Constitution, a city, county, city and county, or special district may levya 55-percent vote ad valorem tax pursuant to paragraph (4) of subdivision (b).Second— That Section 4 of Article XIII A thereof is amended to read:
SEC. 4. Except as provided by Section 2.5 of Article XIII C, a city, county, or special district, by a two-thirds vote of its votersvoting on the proposition, may impose a special tax within that city, county, or special district, except an ad valorem tax on realproperty or a transactions tax or sales tax on the sale of real property within that city, county, or special district.
Third— That Section 2 of Article XIII C thereof is amended to read:
SEC. 2. Notwithstanding any other provision of this Constitution:
(a) Any tax imposed by a local government is either a general tax or a special tax. A special district or agency, including aschool district, has no authority to levy a general tax. (b) A local government may not impose, extend, or increase any general tax unless and until that tax is submitted to theelectorate and approved by a majority vote. A general tax is not deemed to have been increased if it is imposed at a rate nothigher than the maximum rate so approved. The election required by this subdivision shall be consolidated with a regularlyscheduled general election for members of the governing body of the local government, except in cases of emergency declaredby a unanimous vote of the governing body. (c) Any general tax imposed, extended, or increased, without voter approval, by any local government on or after January 1,1995, and before the effective date of this article, may continue to be imposed only if that general tax is approved by a majorityvote of the voters voting in an election on the issue of the imposition, which election shall be held no later than November 6,1996, and in compliance with subdivision (b). (d) Except as provided by Section 2.5, a local government may not impose, extend, or increase any special tax unless and untilthat tax is submitted to the electorate and approved by a two-thirds vote. A special tax is not deemed to have been increased ifit is imposed at a rate not higher than the maximum rate so approved.
Fourth— That Section 2.5 is added to Article XIII C thereof, to read:
SEC. 2.5. (a) The imposition, extension, or increase of a sales and use tax imposed in accordance with the Bradley-BurnsUniform Local Sales and Use Tax Law (Part 1.5 (commencing with Section 7200) of Division 2 of the Revenue and TaxationCode) or a successor law, a transactions and use tax imposed in accordance with the Transactions and Use Tax Law (Part 1.6(commencing with Section 7251) of Division 2 of the Revenue and Taxation Code) or a successor law, or a parcel tax imposedby a local government for the purpose of funding the construction, reconstruction, rehabilitation, or replacement of publicinfrastructure, affordable housing, or permanent supportive housing for persons at risk of chronic homelessness, includingpersons with mental illness, or the acquisition or lease of real property for public infrastructure, affordable housing, orpermanent supportive housing for persons at risk of chronic homelessness, including persons with mental illness, is subject toapproval by 55 percent of the voters in the local government voting on the proposition, if both of the following conditions aremet:
(1) The proposition is approved by a majority vote of the membership of the governing board of the local government. (2) The proposition contains all of the following accountability requirements:
(A) A requirement that the proceeds of the tax only be used for the purposes specified in the proposition, and not for anyother purpose, including general employee salaries and other operating expenses of the local government. (B) The specific local program or ordinance through which projects will be funded and a certification that the city, county,city and county, or special district has evaluated alternative funding sources. (C) A requirement that the local government conduct an annual, independent performance audit to ensure that theproceeds of the special tax have been expended pursuant to the local program or ordinance specified in subparagraph (B). (D) A requirement that the local government conduct an annual, independent financial audit of the proceeds from the taxduring the lifetime of that tax. (E) A requirement that the local government post the audits required by subparagraphs (C) and (D) in a manner that iseasily accessible to the public. (F) A requirement that the local government appoint a citizens’ oversight committee to ensure the proceeds of the specialtax are expended only for the purposes described in the measure approved by the voters. (b) For purposes of this section, the following terms have the following meanings:
7/31/23, 8:51 AM Bill Text - ACA-1 Local government financing: affordable housing and public infrastructure: voter approval. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240ACA1 5/6 (1) “Affordable housing” shall include housing developments, or portions of housing developments, that provide workforcehousing affordable to households earning up to 150 percent of countywide median income, and housing developments, orportions of housing developments, that provide housing affordable to lower, low-, or very low income households, as thoseterms are defined in state law. (2) “At risk of chronic homelessness” includes, but is not limited to, persons who are at high risk of long-term or intermittenthomelessness, including persons with mental illness exiting institutionalized settings, including, but not limited to, jail andmental health facilities, who were homeless prior to admission, transition age youth experiencing homelessness or withsignificant barriers to housing stability, and others, as defined in program guidelines. (3) “Permanent supportive housing” means housing with no limit on length of stay, that is occupied by the target population,and that is linked to onsite or offsite services that assist residents in retaining the housing, improving their health status, andmaximizing their ability to live and, when possible, work in the community. “Permanent supportive housing” includesassociated facilities, if those facilities are used to provide services to housing residents. (4) “Local government” has the same meaning as provided in subdivision (b) of Section 1 of this article and specificallyincludes a transit district, a regional transportation commission, and an association of governments. (5) “Public infrastructure” shall include, but is not limited to, the projects that provide any of the following:
(A) Water or protect protection of water quality.
(B) Sanitary sewer.
(C) Treatment of wastewater or reduction of pollution from stormwater runoff. (D) Protection of property from impacts of sea level rise. (E) Parks and recreation facilities.
(F) Open space.
(G) Improvements to transit and streets and highways.
(H) Flood control.
(I) Broadband internet access service expansion in underserved areas. (J) Local hospital construction.
(K) Public safety buildings or facilities, equipment related to fire suppression, emergency response equipment, orinteroperable communications equipment for direct and exclusive use by fire, emergency response, policy, police, or sheriffpersonnel. (L) Public library facilities.
(c) This section shall apply to any local measure imposing, extending, or increasing a sales and use tax imposed pursuant to theBradley-Burns Uniform Local Sales and Use Tax Law, a transactions and use tax imposed in accordance with the Transactionsand Use Tax Law, or a parcel tax imposed by a local government for those purposes described in subdivision (a) that issubmitted at the same election as the measure adding this section.Fifth— That Section 3 of Article XIII D thereof is amended to read:
SEC. 3. (a) An agency shall not assess a tax, assessment, fee, or charge upon any parcel of property or upon any person as anincident of property ownership except:
(1) The ad valorem property tax imposed pursuant to Article XIII and Article XIII A. (2) Any special tax receiving a two-thirds vote pursuant to Section 4 of Article XIII A or receiving a 55-percent approvalpursuant to Section 2.5 of Article XIII C. (3) Assessments as provided by this article.
(4) Fees or charges for property-related services as provided by this article. (b) For purposes of this article, fees for the provision of electrical or gas service are not deemed charges or fees imposed as anincident of property ownership.
Sixth— That Section 18 of Article XVI thereof is amended to read:
SEC. 18. (a) A county, city, town, township, board of education, or school district, shall not incur any indebtedness or liability inany manner or for any purpose exceeding in any year the income and revenue provided for that year, without the assent of two-thirds of the voters of the public entity voting at an election to be held for that purpose, except that with respect to any suchpublic entity that is authorized to incur indebtedness for public school purposes, any proposition for the incurrence ofindebtedness in the form of general obligation bonds for the purpose of repairing, reconstructing, or replacing public school 7/31/23, 8:51 AM Bill Text - ACA-1 Local government financing: affordable housing and public infrastructure: voter approval. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240ACA1 6/6 buildings determined, in the manner prescribed by law, to be structurally unsafe for school use, shall be adopted upon theapproval of a majority of the voters of the public entity voting on the proposition at the election; nor unless before or at thetime of incurring such indebtedness provision shall be made for the collection of an annual tax sufficient to pay the interest onsuch indebtedness as it falls due, and to provide for a sinking fund for the payment of the principal thereof, on or beforematurity, which shall not exceed forty 40 years from the time of contracting the indebtedness. A special district, other than aboard of education or school district, shall not incur any indebtedness or liability exceeding any applicable statutory limit, asprescribed by the statutes governing the special district as they currently read or may thereafter be amended by theLegislature. (b) (1) Notwithstanding subdivision (a), any proposition for the incurrence of indebtedness in the form of general obligationbonds for the purposes described in paragraph (3) or (4) of subdivision (b) of Section 1 of Article XIII A shall be adopted uponthe approval of 55 percent of the voters of the school district, community college district, county office of education, city,county, city and county, or other special district, as appropriate, voting on the proposition at an election. This subdivision shallapply to a proposition for the incurrence of indebtedness in the form of general obligation bonds for the purposes specified inthis subdivision only if the proposition meets all of the accountability requirements of paragraph (3) or (4) of subdivision (b), asappropriate, of Section 1 of Article XIII A. (2) The amendments made to this subdivision by the measure adding this paragraph shall apply to any proposition for theincurrence of indebtedness in the form of general obligation bonds pursuant to this subdivision for the purposes described inparagraph (4) of subdivision (b) of Section 1 of Article XIII A that is submitted at the same election as the measure addingthis paragraph. (c) When two or more propositions for incurring any indebtedness or liability are submitted at the same election, the votes castfor and against each proposition shall be counted separately, and if two-thirds or a majority or 55 percent of the voters, as thecase may be, voting on any one of those propositions, vote in favor thereof, the proposition shall be deemed adopted.