Bill Text: CA AB2560 | 2021-2022 | Regular Session | Amended


Bill Title: Housing: blighted and other property: lists and social equity investor plan.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2022-08-11 - In committee: Held under submission. [AB2560 Detail]

Download: California-2021-AB2560-Amended.html

Amended  IN  Senate  August 01, 2022
Amended  IN  Senate  June 21, 2022
Amended  IN  Assembly  May 02, 2022
Amended  IN  Assembly  April 04, 2022
Amended  IN  Assembly  March 24, 2022

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 2560


Introduced by Assembly Member Mia Bonta

February 17, 2022


An act to add and repeal Chapter 13.3 (commencing with Section 66320) of Division 1 of Title 7 of the Government Code, relating to housing.


LEGISLATIVE COUNSEL'S DIGEST


AB 2560, as amended, Mia Bonta. Housing: blighted and tax defaulted property. other property: lists and social equity investor plan.
(1) Existing law, the Planning and Zoning Law, sets forth various requirements relating to the development of property in local jurisdictions.
This bill would, until January 1, 2028, would require a qualified jurisdiction, as defined, to develop develop, by January 1, 2024, and execute a plan to, among other things, identify blighted properties, as defined, through code enforcement, nuisance abatement, and tax delinquency. to collaborate with social equity investors, as described. The bill would also require a qualified jurisdiction to compile, by January 1, 2024, a list of properties meeting certain conditions in the prior 3 years and a list of properties that the qualified jurisdiction considers blighted properties, as defined.
(2) This bill would make legislative findings and declarations as to the necessity of a special statute for the qualified jurisdictions.
(3) By imposing additional duties on local officials, 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.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 Chapter 13.3 (commencing with Section 66320) is added to Division 1 of Title 7 of the Government Code, to read:
CHAPTER  13.3. Blighted Property

66320.
 (a) A Each qualified jurisdiction shall develop and execute a plan to do all both of the following:
(1) Collaborate Develop, by January 1, 2024, and execute a plan to collaborate with social equity investors, including, but not limited to, banks and regional charitable foundations, foundations and infill community developers to create increased developers that includes all of the following:
(A) An identification of current and potential financing opportunities to develop affordable homes that are located on blighted property, property identified by the qualified jurisdiction pursuant to paragraph (2), that are made available to families whose incomes do not exceed 120 percent of the area median income, and that are set aside for affordable homeownership for first-time homebuyers.

(2)Determine policy

(B) A recommendation for any policy and administrative changes required to achieve the plan described in paragraph (1) and the qualified jurisdiction can implement to increase social equity investment in the development of affordable homes for homeownership that are located on blighted property and identified by the qualified jurisdiction pursuant to paragraph (2) that are made available to families whose incomes do not exceed 120 percent of the area median income.
(C) A description of specific measures the qualified jurisdiction will implement to encourage social equity investment on property identified by the qualified jurisdiction under paragraph (2), which may include:
(i) Assigning a point person from the city or county to act as a liaison with social equity investors.
(ii) Creating a memorandum of understanding and enacting an ordinance to encourage social equity investment.
(iii) Serving as the conduit issuer of social impact bonds or other types of social equity investments.
(iv) Any other measures determined by the qualified jurisdiction.

(3)Identify blighted properties through code enforcement, nuisance abatement, and tax delinquency.

(2) (A) Each qualified jurisdiction shall compile, by January 1, 2024, a list of properties, that includes the property’s address, where any of the following have occurred in the prior three years:
(i) The qualified jurisdiction determined that the building was in violation of the State Housing Law (Chapter 1 (commencing with Section 17910) of Part 1.5 of Division 13 of the Health and Safety Code).
(ii) The qualified jurisdiction recorded a nuisance abatement lien on the property.
(iii) The property is the subject of a notice of power and intent to sell under Section 3361 of the Revenue and Taxation Code.
(B) In addition to the list in subparagraph (A), each qualified jurisdiction shall also compile, by January 1, 2024, a list of properties it considers blighted properties.
(b) For purposes of this section:
(1) “Blighted property” means a blighted property in a blighted area, as described in Section 33030 of the Health and Safety Code. any of the following:
(A) A building or structure that is not occupied, inhabited, used, or secured. A building or structure is not secured when it is unlocked or the public can gain entry without the consent of the owner.
(B) Any partially constructed, reconstructed, or demolished building or structure for which work is abandoned. Work is deemed abandoned when there is no valid and current building or demolition permit or when there has not been any substantial work on the project for six months.
(C) Property that is in an unsecured state. Property is in an unsecured state if it potentially constitutes an attraction to children or a harbor for vagrants, criminals, or other unauthorized persons, or potentially enables persons to use the property for purposes of committing a nuisance or unlawful act.
(D) Any building or other structure that has become dilapidated or deteriorated as a result of rot, weakened joints, walls, floors, underpinning, roof, or ceilings, insecure foundation, or other cause.
(E) Any building or other structure with exterior walls or roof coverings that have become so deteriorated that it does not provide adequate weather protection and is likely to, or has resulted in, termite infestation or dry rot.
(F) Any building or other structure with broken or missing windows or doors that constitute a hazardous condition or potential attraction to trespassers. For purposes of this subparagraph, “window” includes any glazed opening, including glazed doors, where a yard, court, or vent shaft opens unobstructed to the sky.
(G) Any building or other structure that has walls, windows, fences, signs, retaining walls, driveways, walkways, or other exterior components that are obsolete, broken, deteriorated, or substantially defaced to the extent that the disrepair visually impacts neighboring property or presents a risk to public safety. For purposes of this subparagraph, “defaced” includes, but is not limited to, writings, inscriptions, figures, scratches, or other markings commonly referred to as graffiti, and peeling, flaking, blistering, or otherwise deteriorated paint.
(2) “Qualified jurisdiction” means any of the following cities and unincorporated communities:
(A) The County of Alameda, for the unincorporated communities of Ashland and Cherryland in the County of Alameda. Cherryland.
(B) The County of Contra Costa, for the unincorporated communities of Bay Point, Crockett, Montalvin Manor, North Richmond, and Rodeo in the County of Contra Costa. Rodeo.
(C) The City of Alameda.
(D) The City of Emeryville.
(E) The City of Fremont.
(F) The City of Hayward.
(G) The City of Newark.
(H) The City of Oakland.
(I) The City of San Leandro.
(J) The City of Union City.
(K) The City of Antioch.
(L) The City of Oakley.
(M) The City of Pittsburg.
(N) The City of Richmond.
(O) The City of Vallejo.

66321.
 This chapter shall remain in effect only until January 1, 2028, and as of that date is repealed.

SEC. 2.

 The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances in the qualified jurisdictions, as defined in Section 66320 of the Government Code.

SEC. 3.

 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.
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