Bill Text: CA AB1734 | 2023-2024 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Local Government: Surplus Land Act: exemptions.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2023-10-11 - Chaptered by Secretary of State - Chapter 769, Statutes of 2023. [AB1734 Detail]
Download: California-2023-AB1734-Amended.html
subdivision (b), subdivisions (b) to (d), inclusive, this article shall not apply to land disposed of by a local agency for use for any of the following purposes:
Bill Title: Local Government: Surplus Land Act: exemptions.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2023-10-11 - Chaptered by Secretary of State - Chapter 769, Statutes of 2023. [AB1734 Detail]
Download: California-2023-AB1734-Amended.html
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CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 1734
| Introduced by Assembly Member Jones-Sawyer |
February 17, 2023 |
An act to add Section 54222.3.1 to the Government Code, relating to local government.
LEGISLATIVE COUNSEL'S DIGEST
AB 1734, as amended, Jones-Sawyer.
Local Government: Surplus Land Act: exemptions.
Existing law requires land to be declared surplus land or exempt surplus land, as supported by written findings, before a local agency takes any action to dispose of it consistent with the agency’s policies or procedures. Existing law sets forth procedures for the disposal of surplus land, including, but not limited to, specified notice requirements, and provides that these procedures do not apply to exempt surplus land.
This bill would specify that land disposed of by a local agency for certain purposes, including emergency shelters, supportive housing, transitional housing, or affordable housing, as described, is not subject to the above-described requirements, if the local agency meets certain prescribed requirements, including, among others, having received designation as prohousing. The bill would require a local agency that disposes of
land pursuant to these provisions to submit a specified annual report to the Department of Housing and Community Development. The bill would make a local agency that disposes of land in violation of these provisions liable for a civil penalty, as specified.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 54222.3.1 is added to the Government Code, to read:54222.3.1.
(a) Subject to(1) Emergency shelters that meet the definition of Low Barrier Navigation Center, as defined in Section 65660, or meet the requirements of Section 65662.
(2) Supportive housing, as defined in Section 50675.14 of the Health and Safety Code.
(3) Transitional housing, as defined in subdivision (j) of Section 65582.
(4) Affordable housing. For purposes of this paragraph, “affordable housing” means a housing development with 100 percent of all units in the development, but exclusive of a manager’s unit or units, sold or rented to lower income households, as defined by Section 50079.5 of the Health and Safety Code, except that up to 20 percent of the units in the development may be for moderate-income households, as defined in Section 50053 of the Health and Safety Code.
(b) Before land described in subdivision (a) is disposed of the local agency shall meet the following requirements:
(1) The
local agency shall have a housing element that is compliant with law, including, but not limited to, Chapter 3 (commencing with Section 65100) of Division 1 of Title 7, as determined by the Department of Housing and Community Development.
(2) The local agency shall be designated prohousing pursuant to subdivision (c) of Section 65589.9.
(3) The local agency shall declare a local emergency related to homelessness pursuant to the procedures in Article 14 (commencing with Section 8630) of Chapter 7 of Division 1 of Title 2.
(c) (1) A local agency that disposes land pursuant to subdivision (a)
shall submit an annual report to the Department of Housing and Community Development that includes the number of emergency shelter beds, supportive housing units, transitional housing units or beds, affordable housing units, and total number of projects permitted and produced utilizing this authority. all of the following for each disposition:
(A) The location of the disposed land.
(B) The number of emergency shelter beds and housing units approved on the
land.
(C) The number of emergency shelter beds and housing units produced on the land.
(2) The Department of Housing and Community Development may request additional information from the agency regarding land disposed of pursuant to subdivision (a).
(3) This subdivision does not authorize the Department of Housing and Community Development to require the submission of data related to land disposed of pursuant to subdivision (a), or its review thereof, as a precondition of disposition.
(d) (1) If the agency disposes of land in violation of this section, the agency shall be liable for a civil penalty calculated as follows:
(A) For a first violation, 30 percent of the greater of the final sale price or the fair market value of the land at the time of disposition.
(B) For a second or subsequent violation, 50 percent of the greater of the final sale price or the fair market value of the land at the time of disposition.
(2) For purposes of paragraph (1), fair market value shall be determined by an independent appraisal of the land.
(3) An action to
enforce paragraph (1) may be brought by any of the following:
(A) An entity identified in subdivisions (a) to (e), inclusive, of Section 54222.
(B) A person who would have been eligible to apply for residency in affordable housing had the agency not violated this section.
(C) A housing organization, as that term is defined in Section 65589.5.
(D) A beneficially interested person or entity.
(E) The Department of Housing and Community Development.
(4) A penalty assessed pursuant to this subdivision shall, except as
otherwise provided, be deposited into a local housing trust fund. The local agency may elect to instead deposit the penalty moneys into the Building Homes and Jobs Trust Fund or the Housing Rehabilitation Loan Fund. Penalties shall not be paid out of funds already dedicated to affordable housing, including, but not limited to, Low and Moderate Income Housing Asset Funds, funds dedicated to housing for very low, low-, and moderate-income households, and federal HOME Investment Partnerships Program and Community Development Block Grant Program funds. The local agency shall commit and expend the penalty moneys deposited into the local housing trust fund within five years of deposit for the sole purpose of financing newly constructed housing units that are affordable to extremely low, very low, or low-income households.
(5) Five years after
deposit of the penalty moneys into the local housing trust fund, if the funds have not been expended, the funds shall revert to the state and be deposited in the Building Homes and Jobs Trust Fund or the Housing Rehabilitation Loan Fund for the sole purpose of financing newly constructed housing units located in the same jurisdiction as the surplus land and that are affordable to extremely low, very low, or low-income households. Expenditure of any penalty moneys deposited into the Building Homes and Jobs Trust Fund or the Housing Rehabilitation Loan Fund pursuant to this subdivision shall be subject to appropriation by the Legislature.
