Bill Text: CA AB1791 | 2021-2022 | Regular Session | Amended

California Assembly Bill 1791 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Rent control: local ordinances: residential units.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-04-18 - Re-referred to Com. on H. & C.D. pursuant to Assembly Rule 96. [AB1791 Detail]

Download: California-2021-AB1791-Amended.html

Amended IN Assembly March 24, 2022

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill

No. 1791

Introduced by Assembly Member Nazarian

February 03, 2022

~~An act to amend Section 65959.2 of the Government Code, relating to land use.~~ An act to add Part 16 (commencing with Section 35004) to Division 2 of the Revenue and Taxation Code, relating to taxation, to take effect immediately, tax levy.

LEGISLATIVE COUNSEL'S DIGEST

AB 1791, as amended, Nazarian. ~~Environmental permits.~~ Excise tax: residential units.

Under existing law, the Franchise Tax Board collects and administers various taxes.
This bill would require the Franchise Tax Board to collect and administer a fee of $500 per residential unit owned by a business, as defined. The bill would state the intent of the Legislature that the moneys collected from this fee will be used for the development of affordable housing. The bill would also require the Franchise Tax Board to report annually to the Legislature the number of businesses that have paid the fee.
Existing law provides for the valuation of real property for property tax purposes.
This bill would require a county assessor to report annually to the Legislature the number of residential units owned by a business and the total number of residential units in that county. By imposing a duty on county assessors, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
This bill would include a change in state statute that would result in a taxpayer paying a higher tax within the meaning of Section 3 of Article XIII A of the California Constitution, and thus would require for passage the approval of ²/₃ of the membership of each house of the Legislature.
This bill would take effect immediately as a tax levy.
Existing law, the Permit Streamlining Act, establishes requirements for the review and approval of development projects. The act authorizes the Secretary for Environmental Protection, at the request of an applicant for more than one environmental permit, to convene a permitting team, as specified, to identify all statutory and regulatory requirements for the issuance of environmental permits and provide the information to the applicant to facilitate the uniform, consistent, and expeditious processing of environmental permit applications.
~~This bill would make a nonsubstantive change to those provisions.~~

Vote: ~~MAJORITY~~2/3 Appropriation: NO Fiscal Committee: NOYES Local Program: NOYES

The people of the State of California do enact as follows:

SECTION 1.

Part 16 (commencing with Section 35004) is added to Division 2 of the Revenue and Taxation Code, to read:

PART 16. Residential Units
35004.
(a) A business that owns residential property shall pay an annual fee of five hundred dollars ($500) per residential unit.
(b) The Franchise Tax Board shall administer and collect the fee imposed by this section.
(c) It is the intent of the Legislature that moneys collected pursuant to this section will be used for the development of affordable housing.
(d) Both of the following entities shall submit the following information in an annual report to Legislature, pursuant to Section 9795 of the Government Code:
(1) The Franchise Tax Board shall report the number of businesses who have paid the fee required by subdivision (a).
(2) A county assessor shall report the number of residential units owned by a business and the total number of residential units owned in that county.
(e) For purposes of this section, “business” means a sole proprietorship, partnership, limited liability company, corporation, trust, or other association.

SEC. 2.
If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.

SEC. 3.
This act provides for a tax levy within the meaning of Article IV of the California Constitution and shall go into immediate effect.

SECTION 1.Section 65959.2 of the Government Code is amended to read:
65959.2.
(a)At the request of an applicant for more than one environmental permit, the Secretary for Environmental Protection may, using existing staff and budgetary resources, convene a permitting team for the project that is composed of permit writers and other appropriate personnel from the board or department responsible for review of the project and the issuance of an environmental permit. The permitting team shall identify all statutory and regulatory requirements for the issuance of the environmental permits and provide that information to the applicant in order to facilitate, to the maximum extent feasible, the uniform, consistent, and expeditious processing of environmental permit applications.
(b)At the request of the applicant, the Secretary for Environmental Protection may solicit the participation of relevant federal, state, and local agencies on the permitting team to facilitate cooperation, reduce duplication, and assist in conflict resolution.