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Legal Resources | Health and Safety Code |  HS  33492.15  

Apportionments to school districts   

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Notwithstanding any other provision of law, all of the following shall occur:

(a) Any redevelopment agency administering a redevelopment project area adopted pursuant to this chapter shall make the following apportionments to school districts and community college districts with territory located within that project area unless an alternative formula for determining the allocation to the school district or community college district is approved pursuant to other provisions of this chapter:

(1) In the fifth fiscal year beginning after the date the county auditor certifies to the Director of Finance pursuant to Section 33492.9, 10 percent of that portion of taxes in excess of the amount identified in subdivision (a) of Section 33670 in the year of adoption of the redevelopment plan which are attributable to each school district and each community college district with territory in the project area shall be allocated to, and when collected shall be paid into, the fund of the school district or community college district.

(2) Beginning in the sixth fiscal year after the date the county auditor certifies to the Director of Finance pursuant to Section 33492.9, the amount of taxes required to be allocated to each school district and to each community college district shall be increased by increments of 10 percent of the taxes in excess of the amount identified in subdivision (a) of Section 33670 in the year of adoption of the redevelopment plan which are attributable to each school district and each community college district with territory within the project area each successive year, 90 that in the 15th year following certification pursuant to Section 33492.9, 100 percent of the taxes in excess of the amount identified in subdivision (a) of Section 33670 in the year of adoption of the redevelopment plan which are attributable to each school district and each community college district with territory located within the project area shall be allocated to, and when collected shall be paid into, the fund of that school district or community college district.

(3) "Taxes attributable to each school district" means the sum of the following to amounts:

(A) The amount of property taxes which, based on the assesed value within the project area, would have been allocated to each school district if they were not allocated to the redevelopment agency.

(B) An amount equal to the product of the amount determined pursuant to subparagraph (A) and the quotient of the amount in the county or counties in which the project area lies which is deposited in the Educational Revenue Augmentation Fund from cities, counties, and special districts, divided by the total property tax which is allocated directly to all schools or to the county office of education in the county or counties in which the project area lies.

(4) The allocation of funds pursuant to this subdivision shall be made before there is a determination made regarding the amount to be allocated to schools in the affected counties from the Educational Revenue Augmentation Fund.

(b) Once a mutually agreed-upon on alternative agreement is reached, and affected school districts and community college districts have been provided for pursuant to this chapter, these affected school districts and affected community college districts shall not be considered "affected taxing entities" for purposes of Sections 33492.17, 33492.19, 33492.23, 22492.27, and 33492.29.

(c) Prior to incurring any bonded indebtedness, any redevelopment agency administering a project area pursuant to this chapter may subordinate to the bonded debt the amount required to be paid to an affected school district or community college district pursuant to this section upon a finding, based upon substantial evidence, that the agency will have suffcient funds available to pay both the bonded debt payments and the payments required by this section.

(d) It is the intent of the Legislature that, if there is an identified impact relative tn the redevelopment plan and an alternative formula is proposed pursuant to this section, then appropriate legislation shall be considered and enacted.

(e) In the event the redevelopment agency receives tuo million dollars ($2,000,000) or more of tax increment funds in any one fiscal year during the period from the date certified to the Director of Finance pursuant to Section 33492.9 until the end of the ftfth full fiscal year thereafter, in the following fiscal year the redevelopment agency shall commence making payments of tax increment funds to school districts and community college districts in accordance with the schedule set forth in subdivision (a).

(Added by Stats 1993, Ch. 944 Sec. 4.)