Matosantos

Responding to a declared state fiscal emergency, in the summer of 2011 the Legislature enacted two measures intended to stabilize school funding by reducing or eliminating the diversion of property tax revenues from school districts to the state’s community redevelopment agencies. (Assem. Bill Nos. 26 & 27 (2011-2012 1st Ex. Sess.) enacted as Stats. 2011, 1st Ex. Sess. 2011-2012, chs. 5-6 (hereafter Assembly Bill IX 26 and Assembly Bill IX 27); see also Assem. Bill IX 26, § 1, subds. (d)-(i); Assem. Bill IX 27, § 1, subds. (b), (c).) Assembly Bill IX 26 bars redevelopment agencies from engaging in new business and provides for their windup and dissolution. Assembly Bill IX 27 offers an alternative: redevelopment agencies can continue to operate if the cities and counties that created them agree to make payments into funds benefiting the state’s schools and special districts.

The California Redevelopment Association, the League of California Cities, and other affected parties (collectively the Association) promptly sought extraordinary writ relief from this court, arguing that each measure was unconstitutional. They contended the measures violate, inter alia, Proposition…

I concur in parts H.A., H.B., and HE. of the majority opinion, but respectfully dissent from the remainder of the opinion concerning .the constitutionality of Assembly Bill IX 27. 1 The majority concludes that Assembly Bill IX 27 is unconstitutional because it violates article XBI, section 25.5, subdivision (a)(7)(A) of the California Constitution (added by Prop. 22, approved by voters, Gen. Elec. (Nov. 2, 2010)). I part with the majority on this point because, although it may be possible that Assembly Bill IX 27 may cause some community *277 sponsors 2 to utilize funds otherwise protected by Proposition 22, petitioners have not met their burden of supporting this contention. In fact, they provide documentation that suggests quite the opposite. Moreover, on its face, nothing in Assembly Bill IX 27 compels community sponsors to violate Proposition 22. Ultimately, the majority’s conclusion rests on an impermissibly broad reading of Proposition 22 plain language, on unsupported assumptions concerning the intent behind Proposition 22, and on speculation that constitutional problems could result from the implementation of Assembly Bill IX 27. In doing so, the majority does not apply…

Filed 12/29/

IN THE SUPREME COURT OF CALIFORNIA

CALIFORNIA REDEVELOPMENT )

ASSOCIATION et al., ) ) Petitioners, ) ) S194861 v. ) ) ANA MATOSANTOS, as Director, etc., ) et al., ) ) Respondents; ) ) COUNTY OF SANTA CLARA et al., ) ) Interveners and Respondents. ) ____________________________________)

Responding to a declared state fiscal emergency, in the summer of 2011 the Legislature enacted two measures intended to stabilize school funding by reducing or eliminating the diversion of property tax revenues from school districts to the state‘s community redevelopment agencies. (Assem. Bill Nos. 26 & 27 (2011- 2012 1st Ex. Sess.) enacted as Stats. 2011, 1st Ex. Sess. 2011-2012, chs. 5-6 (hereafter Assembly Bill 1X 26 and Assembly Bill 1X 27); see also Assem. Bill 1X 26, § 1, subds. (d)-(i); Assem. Bill 1X 27, § 1, subds. (b), (c).) Assembly Bill 1X 26 bars redevelopment agencies from engaging in new business and provides for their windup and dissolution. Assembly Bill 1X 27 offers an alternative: redevelopment…