Laserfiche WebLink
_4A -i4- <br />POST- DISASTER DEVELOPMENT EXEMPTIONS <br />What can homeowners, tenants, business <br />owners, and local officials expect after disasters? <br />The Ca'ifomia Senate Local Government Commit- <br />tee prepared the following list of state laws relating <br />to exceptiuns from the standard requirements for <br />land use and taxation decisions that apply after <br />disasters. <br />Natural disaster communitv assistance: The <br />State Department of Housing and Community <br />Development (HCD) can provide financial assis- <br />tance to the victims of declared disasters. Priority <br />goes to low- and moderate - income housing and <br />farmworker housing (Health & Safety Code <br />§34050, et seq.) <br />Coastal development: Coastal development <br />permits are not required to replace private struc- <br />tures destroyed by disasters (Public Resources <br />Code §30610 [g]). <br />Corporation tax losses: With legislative <br />approval after presidential or gubernatorial de- <br />clared disasters, corporate taxpayers can carry- <br />back and carry- forward their disaster losses; <br />requires legislative action (Revenue & Taxation <br />Code §24347.4). <br />Developer fees: Local agencies can't charge <br />impact fees for the reconstruction of property <br />destroyed by a natural disaster but they can <br />charge processing fees (Government Code <br />§66011). <br />Disaster Housinq Repair Fund: The State <br />Department of Housing and Community Develop- <br />ment (HCD) can loan money from the Disaster <br />Housing Repair Fund (Health & Safety Code <br />§50660.5). <br />Environmental review: The California Environ- <br />mental Quality Act (CEQA) statutorily exempts <br />from environmental review: <br />• Emergency repairs to public works. (Public <br />Resources Code §21080 [a][2]) <br />• Repairs and replacement work after a <br />declared disaster. (Public Resources Code <br />§21080 [a][3]) <br />• Actions to mitigate or prevent an emergency. <br />(Public Resources Code §21080 [a][4]) <br />Natural disaster emergencv shelter orooram: <br />The State Department of Housing and Community <br />Development (HCD) can provide grants to pay for <br />rent vouchers and emergency shelters (Health & <br />Safety Code §34070, et seq.) <br />Personal income tax losses: With legislative <br />approval after presidential or gubernatorial de- <br />clared disasters, personal income taxpayers can <br />carry-back and carry- forward their disaster <br />losses; requires legislative action (Revenue & <br />Taxation Code §17207). <br />PrOperty value assessment: Reconstructing <br />property that was destroyed by a declared disas- <br />ter is not "newly constructed" property that triggers <br />a new assessment of property value (California <br />Constitution Article XIIIA, §2 [b]). <br />Redevelopment after disasters: The Commu- <br />nity Redevelopment Disaster Project Law expe- <br />dites the creation of redevelopment agencies and <br />project areas after declared disasters (Health & <br />Safety Code §34000, et seq.) <br />Many legislative staffers contributed research <br />to this memo: William Weber, Assembly Republi- <br />can Caucus staff; Gayle Miller, Senate Revenue <br />and Taxation Committee; Peter Detwiler, Senate <br />Local Government Committee; Jeff Arthur, Assem- <br />bly Natural Resources Committee. <br />Fire safe standards: Owners of property in <br />"state responsibility area lands" must follow the <br />State Board of Forestry's fire safe regulations for For more information on this and other <br />fuel breaks, roads, signs, and water supplies League issues, Visit www.cacities.org <br />(Public Resources Code §4290, et seq.). <br />PAGE 2 /PRIORITY FOCUS Visit the League's Official Web Site- •www.cacities.org <br />