Bill Text: CA AB2135 | 2013-2014 | Regular Session | Amended

California Assembly Bill 2135 (Prior Session Legislation)

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

Bill Title: Surplus land: affordable housing.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2014-09-27 - Chaptered by Secretary of State - Chapter 677, Statutes of 2014. [AB2135 Detail]

Download: California-2013-AB2135-Amended.html

BILL NUMBER: AB 2135	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 28, 2014

INTRODUCED BY   Assembly Member Ting

                        FEBRUARY 20, 2014

   An act to amend  Section 65913   Sections
54221, 54223, 54225, 54226, and 54227  of the Government Code,
relating to  housing.   surplus property. 



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2135, as amended, Ting.  Affordable  
Local agencies: surplus land: affordable  housing. 
   (1) Existing law prescribes requirements for the disposal of
surplus land by local agencies. Existing law defines surplus land for
these purposes and excepts from that definition land within 1,000
yards of property that has been listed on, or determined to be
eligible for, the National Register of Historic Places. Existing law
requires an agency disposing of surplus land to negotiate in good
faith with an entity providing notice that it desires to purchase or
lease the land and, if price or terms cannot be agreed upon within a
period of not less than 60 days, the agency may dispose of the land
without fulfilling further requirements, as specified. Existing law
authorizes a local agency selling surplus property for specified
purposes, including for low-and moderate-income housing, to provide
for a payment period of up to 20 years in a sales contract or trust
deed. Existing law requires a local agency disposing of surplus land
to give first priority in a purchase or lease to an entity agreeing
to use the site for housing for persons of low or moderate income,
except as specified. Existing law specifies that these and other
related provisions are not to be interpreted to empower a local
agency to sell or lease surplus land at less than fair market value.
 
   This bill would bring land within 1,000 yards of property that is
listed on, or eligible, for the National Register of Historic Places
within the definition of surplus land by deleting the exception
described above. The bill would increase the minimum time that an
agency disposing of surplus land is required to conduct negotiations
from 60 to 90 days. The bill would require, if the disposed land is
to be used for residential development, that the sales contract or
lease agreement provide that not less than 25% of the units in the
development have rents or sale prices that are affordable for persons
and families of low or moderate income. The bill would permit the
payment period for surplus land sold for low-and moderate-income
housing purposes to exceed 20 years, subject to limits related to
land use requirements for low-or moderate-income housing. The bill
would revise the priority given to an entity proposing to use the
site for low- and moderate-income housing to require that the entity
agree that 100% of the site be used for low-and moderate-income
housing. The bill would delete the statement that these provisions
are not to be interpreted to empower a local agency to sell or lease
surplus land at less than fair market value. By increasing the duties
of local officials in connection with sales and leases of surplus
land, this bill would impose a state-mandated local program. 

   (2) 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 these
statutory provisions.  
   Existing law requires the legislative body of each county and city
to adopt a comprehensive, long-term general plan for the physical
development of the county or city and requires that the plan include
a land use element that addresses housing. Existing law states
legislative findings and declarations regarding the need for
affordable housing in connection with local authority to approve
housing developments.  
   This bill would make nonsubstantive changes in the legislative
findings and declarations regarding affordable housing, as described
above. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program:  no
  yes  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 54221 of the  
Government Code   is amended to read: 
   54221.  (a) As used in this article, the term "local agency" means
every city, whether organized under general law or by charter,
county, city and county, and district, including  transportation
districts and  school districts of any kind or class, empowered
to acquire and hold real property.
   (b) As used in this article, the term "surplus land" means land
owned by any local agency, that is determined to be no longer
necessary for the agency's use, except property being held by the
agency for the purpose of exchange.
   (c) As used in this article, the term "open-space purposes" means
the use of land for public recreation, enjoyment of scenic beauty, or
conservation or use of natural resources.
   (d) As used in this article, the term "persons and families of low
or moderate income" means the same as provided under Section 50093
of the Health and Safety Code.
   (e) As used in this article, the term "exempt surplus land" means
either of the following:
   (1) Surplus land that is transferred pursuant to Section 25539.4.
   (2) Surplus land that is (A) less than 5,000 square feet in area,
(B) less than the minimum legal residential building lot size for the
jurisdiction in which the parcel is located, or 5,000 square feet in
area, whichever is less, or (C) has no record access and is less
than 10,000 square feet in area; and is not contiguous to land owned
by a state or local agency that is used for park, recreational,
open-space, or low- and moderate-income housing purposes and is
located neither within an enterprise zone pursuant to Section 7073
nor a designated program area as defined in Section 7082. If the
surplus land is not sold to an owner of contiguous land, it is not
considered exempt surplus land and is subject to this article.
   (f) Notwithstanding subdivision (e), the following properties are
not considered exempt surplus land and are subject to this article:
   (1) Lands within the coastal zone.
   (2) Lands within 1,000 yards of a historical unit of the State
Parks System. 
   (3) Lands within 1,000 yards of any property that has been listed
on, or determined by the State Office of Historic Preservation to be
eligible for, the National Register of Historic Places. 

   (4) 
    (3)  Lands within the Lake Tahoe region as defined in
Section 66905.5.
   SEC. 2.    Section 54223 of the   Government
Code   is amended to read: 
   54223.  After the disposing agency has received notice from the
entity desiring to purchase or lease the land, the disposing agency
and the entity shall enter into good faith negotiations to determine
a mutually satisfactory sales price or lease terms. If the price or
terms cannot be agreed upon after a good faith negotiation period of
not less than  60   90  days, the land may
be disposed of without further regard to this article.  If the
disposed land is to be used for residential development, the sales
contract or lease agreement shall provide   that not less
than 25 percent of the total number of un   its in the
development have rents or sale prices that are affordable for persons
and families of low or moderate income. 
   SEC. 3.    Section 54225 of the   Government
Code   is amended to read: 
   54225.  Any public agency selling surplus land to an entity
described in Section 54222 for park or recreation purposes, for
open-space purposes, for school purposes, or for low- and moderate-
income housing purposes may provide for a payment period of up to 20
years in any contract of sale or sale by trust deed  of such
  for the  land.  The payment period for
surplus land sold for housing for person and families of low and
moderate income may exceed 20 years, but the payment period shall not
exceed the term that the land is required to be used for  
low   -or moderate   -income housing. 
   SEC. 4.   Section 54226 of the   Government
Code   is amended to read: 
   54226.  Nothing in this article shall be interpreted to limit the
power of any local agency to sell or lease surplus land at fair
market value or at less than fair market value  , and nothing
in this article shall be interpreted to empower any local agency to
sell or lease surplus land at less than fair market value  .
No provision of this article shall be applied when it conflicts with
any other provision of statutory law.
   SEC. 5.    Section 54227 of the   Government
Code   is amended to read: 
   54227.  In the event that any local agency disposing of surplus
land receives offers for the purchase or lease of that land from more
than one of the entities to which notice and an opportunity to
purchase or lease shall be given pursuant to this article, the local
agency shall give first priority to the entity that agrees to use the
site for housing  for which 100 percent of the units are to have
rents or sale prices that are affordable  for persons and
families of low or moderate income, except that first priority shall
be given to an entity that agrees to use the site for park or
recreational purposes if the land being offered is already being used
and will continue to be used for park or recreational purposes, or
if the land is designated for park and recreational use in the local
general plan and will be developed for that purpose.
   SEC. 6.    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.  
  SECTION 1.    Section 65913 of the Government Code
is amended to read:
   65913.  (a) The Legislature finds and declares that a severe
shortage of affordable housing exists, especially for persons and
families of low and moderate income, and that an immediate need
exists to encourage the development of new housing, not only through
the provision of financial assistance, but also through changes in
law designed to do all of the following:
   (1) Expedite the local and state residential development process.
   (2) Assure that local governments zone sufficient land at
densities high enough for production of affordable housing.
   (3) Assure that local governments make a diligent effort through
the administration of land use and development controls and the
provision of regulatory concessions and incentives to significantly
reduce housing development costs and thereby facilitate the
development of affordable housing, including housing for elderly
persons and families, as defined by Section 50067 of the Health and
Safety Code.
   These changes in the law are consistent with the responsibility of
local government to adopt the program required by subdivision (c) of
Section 65583.
   (b) The Legislature further finds and declares that the costs of
new housing developments have been increased, in part, by the
existing permit process and by existing land use regulations and that
vitally needed housing developments have been halted or rendered
infeasible despite the benefits to the public health, safety, and
welfare of those developments and despite the absence of adverse
environmental impacts. It is, therefore, necessary to enact this
chapter and to amend existing statutes which govern housing
development so as to provide greater encouragement for local and
state governments to approve needed and sound housing developments.