BILL NUMBER: AB 1275 AMENDED
AMENDED IN SENATE FEBRUARY 9, 2012
AMENDED IN SENATE SEPTEMBER 1, 2011
AMENDED IN ASSEMBLY APRIL 25, 2011
AMENDED IN ASSEMBLY APRIL 14, 2011
AMENDED IN ASSEMBLY MARCH 31, 2011
INTRODUCED BY Assembly Member Torres
FEBRUARY 18, 2011
An act to
amend Sections 33121.5 and 33125 of, and to add Section 33137
to, the Health and Safety Code, relating to redevelopment
LEGISLATIVE COUNSEL'S DIGEST
AB 1275, as amended, Torres.
The Community Redevelopment Law authorizes the establishment of
redevelopment agencies in communities in order to address the effects of
blight, as defined, in those communities and requires those agencies to
prepare, or cause to be prepared, and approve a redevelopment plan for each
project area. Existing law authorizes each agency to make and execute contracts
and other instruments necessary or convenient to the exercise of its
This bill would provide that a contract entered into by an agency that is
subject to validating proceedings, or a particular severable provision of the
contract, may be declared by a court to be null and void if the court
determines that the contract or severable portion of the contract violates the
law or public policy. The bill would make other technical changes.
Vote: majority. Appropriation: no. Fiscal committee:
. State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 33121.5 of the Health and Safety Code is amended to
33121.5. When a decision, determination, or other action by the agency or
legislative body is required by this part, neither the agency nor the
legislative body shall delegate the obligation to decide, determine, or act to
another person or entity unless a provision of this part specifically provides
for that delegation. This section shall not be deemed to prevent the delegation
of ministerial or administrative decisions to administrative officers or
employees if that delegation is subject to standards sufficient to ensure
consistency with the decision of the agency or legislative body.
SEC. 2. Section 33125 of the Health and Safety Code is amended to read:
33125. An agency may do all of the following:
(a) Sue and be sued.
(b) Have a seal.
(c) Make, execute, and amend contracts and other instruments, subject to
the limitations and obligations imposed on an agency by this part, as may be
necessary or convenient to the exercise of its powers.
(d) Make, amend, and repeal bylaws and regulations not inconsistent with,
and to carry into effect, the powers and purposes of this part.
SEC. 3. Section 33137 is added to the Health and Safety Code, to read:
33137. Notwithstanding Chapter 9 (commencing with Section 860) of Title 10
of Part 2 of the Code of Civil Procedure, a contract entered into by an agency
that is subject to validating proceedings pursuant to Section 53511 of the
Government Code, or a particular severable provision of that contract, may be
declared by a court to be null and void if the court determines that the
contract or severable provision of the contract violates the law or public