SECTIONS 7097-7099 - California Statutes

GOVERNMENT CODE

SECTION 7097-7099

7097. (a) The Department of Housing and Community Development shall
rank applicant communities and shall designate the first ranking
community whose governing body is applying as a community to be
designated as a targeted tax area which meets at least four of the
five following criteria:
(1) The average unemployment rate in the applicant community
exceeded 7.5 percent in 1995.
(2) The average unemployment rate in the applicant community
exceeded 7.5 percent in 1996.
(3) The median family income in the applicant community does not
exceed thirty-two thousand seven hundred dollars ($32,700).
(4) The percentage of persons in the applicant community below the
poverty level is at least 17.5 percent.
(5) The applicant community ranks in the top quartile, among
California counties, in the percentage of population receiving Aid
for Families with Dependent Children benefits, based on the Cash
Grant Caseload Movement and Expenditures Report, July 1995 to June
1996.
(b) For purposes of applying any provision of the Revenue and
Taxation Code, any targeted tax area designated pursuant to this
section shall not be considered an enterprise zone designated
pursuant to Chapter 12.8 (commencing with Section 7070).
(c) Except as provided in subdivision (e), the designation as a
targeted tax area pursuant to this section shall be binding for a
period of 15 years, commencing January 1, 1998.
(d) Only one targeted tax area shall be designated by the
department, and a renewed or replacement designation shall not be
made after the initial designation expires or is revoked.
(e) An audit of the program's operation shall be made by the
department pursuant to Section 7076.1, on a periodic basis with the
cooperation of the local governing board. If the department
determines that the local jurisdiction is not complying with the
terms of the memorandum of understanding, the department shall
provide written notice of the program deficiencies and the governing
body shall be given six months to correct the deficiencies. If the
deficiencies are not corrected, the designation shall be revoked.
(f) A county and any cities within the county may apply jointly as
a community if the combination of the jurisdictions meets the
criteria.

7097.1. (a) The department shall assess each targeted tax area a
fee of fifteen dollars ($15) for each application for issuance of a
certificate pursuant to subdivision (d) of Section 17053.34 of the
Revenue and Taxation Code and subdivision (d) of Section 23634 of the
Revenue and Taxation Code. The department shall collect the fee for
deposit into the Enterprise Zone Fund, pursuant to Section 7072.3,
for the costs of administering this chapter. The targeted tax area
administrator shall collect this fee at the time an application is
submitted for issuance of a certificate.
(b) The department shall adopt regulations governing the issuance
of certificates pursuant to subdivision (d) of Section 17053.34 and
subdivision (d) of Section 23634 of the Revenue and Taxation Code.
The adoption of the regulations shall be deemed to be an emergency
and necessary for the immediate preservation of the public peace,
health and safety, or general welfare. Notwithstanding subdivision
(c) of Section 11346.1, the regulations shall remain in effect for
not more than 360 days unless the department complies with all the
provisions of Chapter 3.5 (commencing with Section 11340) of Part 1
of Division 3 of Title 2 as required by subdivision (e) of Section
11346.1.

7099. (a) The Department of Housing and Community Development may
approve a proposed expansion of a targeted tax area subject to the
following conditions:
(1) The governing body of each city and county in which the
targeted tax area is located approves an ordinance or resolution
approving the proposed expansion of the area.
(2) The department determines that the proposed additional
territory meets the criteria specified in subdivision (a) of Section
7097 to the same extent as the existing territory of the targeted tax
area.
(3) The proposed expansion, in combination with any previous
expansions of the targeted tax area, does not exceed 15 percent of
the size of the area on the date of its original designation.
(4) The expansion area is contiguous to the targeted tax area,
except that it may be noncontiguous to the extent that it meets the
criteria established in subdivision (e) of Section 7074.
(5) The expansion meets the criteria established in paragraphs
(1), (2), and (3) of subdivision (b) of Section 7074.
(b) The department shall respond in writing to any application for
a proposed expansion of the targeted tax area within 90 days of the
date on which the application is deemed complete.