2023 California Code
Health and Safety Code - HSC
PART 12.5 - Infill Infrastructure Grant Program of 2019
Section 53559.1.

53559.1. For the purposes of this part, the following definitions apply:

(a) “Adaptive reuse” means the repurposing of building structures for residential purposes, such as former office use, commercial use, or business parks. When referring to building structures, adaptive reuse means retrofitting and repurposing of existing buildings that create new residential rental units, and expressly excludes a project that involves rehabilitation of any construction affecting existing residential units that are, or have been, recently occupied.

(b) “Capital improvement project” means the construction, rehabilitation, demolition, relocation, preservation, acquisition, or other physical improvement of a capital asset, as defined in subdivision (a) of Section 16727 of the Government Code, that is an integral part of, or necessary to facilitate the development of, a qualifying infill project or qualifying infill area. Capital improvement projects that may be funded under the grant program established by this part include, but are not limited to, those related to the following:

(1) The creation, development, or rehabilitation of parks or open space.

(2) Water, sewer, or other utility service improvements.

(3) Streets, roads, or transit linkages or facilities, including, but not limited to, related access plazas or pathways, bus or transit shelters, or facilities that support pedestrian or bicycle transit.

(4) Facilities that support pedestrian or bicycle transit.

(5) Traffic mitigation.

(6) Sidewalk or streetscape improvements, including, but not limited to, the reconstruction or resurfacing of sidewalks and streets or the installation of lighting, signage, or other related amenities.

(7) Adaptive reuse.

(8) Site preparation or demolition related to the capital improvement project or planned housing development used in calculating the eligible grant amount.

(c) “Catalytic qualifying infill area” means a contiguous area or multiple noncontiguous parcels located within an urbanized area that meet all of the following requirements:

(1) The contiguous area or noncontiguous parcels have been previously developed, or at least 75 percent of the perimeter of each parcel or area adjoins parcels that are developed or have been previously developed with urban uses, provided that, for small jurisdiction applicants, the perimeter requirements in clause (i) of subparagraph (A) of paragraph (4) of subdivision (e) of Section 53559 shall apply. For purposes of this paragraph, perimeters bordering navigable bodies of water and improved parks shall not be included.

(2) No parcel within or adjoining the area is classified as agricultural or natural and working lands.

(3) The area or areas constitute a large catalytic investment in land that will accommodate a mix of uses, including affordable or mixed-income housing.

(d) (1) “Disadvantaged communities” means any of the following:

(A) Concentrated areas of poverty.

(B) Areas of high segregation and poverty and areas of low to moderate access to opportunity, as identified in opportunity area maps developed by the department and the California Tax Credit Allocation Committee.

(C) Communities of concern, disadvantaged communities identified pursuant to Section 39711, and low-income communities as defined in subdivision (d) of Section 39713.

(D) Areas of high housing cost burdens.

(E) Areas with high vulnerability of displacement; areas related to tribal entities.

(F) Any other areas experiencing disproportionate impacts of California’s housing and climate crisis.

(2) Applicants may propose alternative definitions to disadvantaged communities in consultation with the department.

(e) “Eligible applicant” means any of the following:

(1) A nonprofit or for-profit developer of a qualifying infill project.

(2) A city, county, city and county, or public housing authority that has jurisdiction over a qualifying infill area or catalytic qualifying infill area. A metropolitan planning organization may participate as a coapplicant.

(3)  The duly constituted governing body of an Indian reservation or rancheria that has jurisdiction over a qualifying infill area or a tribally designated housing entity as defined in Section 4103 of Title 25 of the United States Code and Section 50104.6.5 that is the developer of a qualifying infill project.

(A) A tribal entity may apply as a small jurisdiction or large jurisdiction, but may only apply as one or the other for any single qualifying infill project or qualifying infill area.

(B) The department may modify or waive requirements of this division consistent with the intent of paragraphs (1) and (2) of subdivision (p) of Section 50406 to allow tribal entities to access funding.

(f) “Locality” means a city, county, or city and county where a county means the unincorporated areas of that county.

(g) “Small jurisdiction” means a county with a population of less than 250,000 as of January 1, 2019, or any city within that county.

(h) “Large jurisdiction” means a county that is not a small jurisdiction, or any city within that county.

(i) “Urbanized area” means an incorporated city. For sites in unincorporated areas, the site must be within a designated urban service area that is designated in the local general plan for urban development and is served by the public sewer and water.

(j) “Urban uses” means any residential, commercial, industrial, public institutional, transit or transportation passenger facility, or retail use, or any combination of those uses.

(Amended by Stats. 2022, Ch. 570, Sec. 13. (AB 157) Effective September 27, 2022.)

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