Bill Text: CA AB2682 | 2023-2024 | Regular Session | Enrolled
Bill Title: Santa Clara Valley Open-Space Authority.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Enrolled) 2024-08-27 - Enrolled and presented to the Governor at 12 p.m. [AB2682 Detail]
Download: California-2023-AB2682-Enrolled.html
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Enrolled
August 22, 2024 |
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Passed
IN
Senate
August 20, 2024 |
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Passed
IN
Assembly
May 13, 2024 |
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Amended
IN
Assembly
May 06, 2024 |
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Amended
IN
Assembly
April 16, 2024 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 2682
| Introduced by Assembly Member Kalra |
February 14, 2024 |
An act to amend Sections 35152 and 35159 of, to add Section 35175 to, and to repeal and add Section 35172 of, the Public Resources Code, relating to the Santa Clara Valley Open-Space Authority.
LEGISLATIVE COUNSEL'S DIGEST
AB 2682, Kalra.
Santa Clara Valley Open-Space Authority.
(1) Existing law creates the Santa Clara Valley Open-Space Authority, and prescribes the jurisdiction and functions and duties of the authority. Existing law authorizes the authority, among other things, to acquire, hold, use, enjoy, and lease or dispose of real and personal property, within or without the authority’s jurisdiction, necessary to the full exercise of its powers. Existing law requires the authority to acquire remote ranchlands east of the westernmost ridgeline of the Diablo Range as permanent open space only through conservation easement purchases or the granting of lands or conservation easements by owners to the authority.
This bill would instead require the authority to acquire remote ranchlands east of the westernmost ridgeline of the Diablo Range as permanent open space only from willing sellers through
conservation easement or fee title purchases or the granting of lands or conservation easements by owners to the authority.
(2) Existing law authorizes the governing board of the authority to contract with any person or public agency for any services, supplies, equipment, or materials, or for the construction or completion of any building, structure, or improvement. Existing law requires a contract for any supplies, equipment, or materials that exceeds $25,000 to be contracted for and let to the lowest responsible bidder. Existing law requires a contract of $75,000 or less to be let by informal bidding procedures, but requires a contract of more than $75,000 to be let by formal bidding procedures.
This bill, among other things, would
authorize the governing board to also contract for the maintenance or repair of any building, structure, or improvement. The bill
would increase the amount by which a contract for any supplies, equipment, or materials may be contracted for and let to the lowest responsible bidder to $50,000. The bill would increase the amount by which a contract for any supplies, equipment, or materials to be let by informal bidding procedures to $100,000 or less, and would increase the amount by which a contract for any supplies, equipment, or materials to be let by formal bidding procedures to more than $100,000. The bill would require a contract for the construction, completion, maintenance, or repair of any building, structure, or improvement that exceeds $25,000 to be contracted for and let to the lowest responsible bidder. The bill would
require a contract for the construction, completion, maintenance, or repair of any building, structure, or improvement of $75,000 or less to be let by informal bidding procedures, and would require a contract for the construction, completion, maintenance, or repair of any building, structure, or improvement of more than $75,000 to be let by formal bidding procedures.
The bill would authorize the governing board to appoint a general manager to be the authority’s chief administrative officer. The bill would authorize the governing board to authorize the general manager to bind the authority, in accordance with governing board policy adopted in an open meeting and without advertising, for contracts for any services, supplies, equipment, or materials, or for the construction, completion, maintenance, or repair of any building, structure, or improvement, not exceeding $50,000. The bill would require all expenditures related to contracts
for any services, supplies, equipment, or materials, or for the construction, completion, maintenance, or repair of any building, structure, or improvement, approved by the general manager to be reported to the governing board at its next regular meeting.
(3) Existing law authorizes the authority to impose special taxes, as specified.
This bill instead would authorize the authority to impose qualified special taxes, as defined, subject to specified constitutional and statutory provisions, and to provide for an exemption for persons who are 65 years of age or older, for persons receiving Supplemental Security Income for a disability, or for persons receiving Social Security Disability Insurance benefits, as specified. The bill would authorize the authority to enter into an agreement with a county to collect any special tax on behalf of the authority. The bill would
require the authority, if it provides for an exemption from a qualified special tax described above, and contracts or enters into an agreement with the county to collect the qualified special tax within the authority’s jurisdiction, to annually provide specified information relating to that exemption to the county tax collector. The bill would require a county tax collector that contracts or enters into an agreement with the authority and receives that information to include a hyperlink, identified as “Parcel Tax Exemptions,” on the tax collector’s internet website home page to another location on the tax collector’s internet website that contains the information submitted by the authority to the tax collector relating to that exemption, except as specified.
(4) Existing law authorizes the authority, for its purposes, to levy assessments, as provided, and incur indebtedness to finance capital improvements, as specified.
This bill would authorize the authority to finance facilities and issue bonds for its purposes pursuant to the Mello-Roos Community Facilities Act of 1982.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 35152 of the Public Resources Code is amended to read:35152.
(a) The authority may take by grant, appropriation, purchase, gift, devise, condemnation, or lease, and may hold, use, enjoy, and lease or dispose of real and personal property of every kind, and rights in real and personal property, within or without the authority’s jurisdiction, necessary to the full exercise of its powers. The authority may accept and hold open-space easements and purchase development credits wherever the authority may acquire real property.(b) Priority for open-space acquisition should be focused on those lands closest, most accessible, and visible to the urban area. The remote ranchlands east of the westernmost ridgeline of the Diablo Range shall be acquired as
permanent open space only from willing sellers through conservation easement or fee title purchases or the granting of lands or conservation easements by owners to the authority.
(c) Lands subject to the grant of an open-space easement executed and accepted by the authority in accordance with this division are enforceably restricted within the meaning of Section 8 of Article XIII of the California Constitution. An easement or other interest in real property may be dedicated for open-space purposes by the adoption of a resolution by the governing board, and any interest so dedicated may be conveyed only as provided in this section.
(d) The authority shall not validly convey an interest in any real property actually dedicated and used for open-space purposes without
the consent of a majority of the voters of the authority voting at a special election called by the governing board and held for that purpose. Consent need not first be obtained for a lease of any real property for a period not exceeding 25 years if that real property remains in open-space or agricultural use for the entire duration of the lease.
SEC. 2.
Section 35159 of the Public Resources Code is amended to read:35159.
(a) The governing board may contract with any person or public agency for any services, supplies, equipment, or materials, or for the construction, completion, maintenance, or repair of any building, structure, or improvement. The governing board may appoint a general manager to be the chief administrative officer of the authority, and the governing board may authorize the general manager to bind the authority, in accordance with governing board policy that has been adopted in an open meeting and without advertising, for contracts for any services, supplies, equipment, or materials, or for the construction, completion, maintenance, or repair of any building, structure, or improvement, not exceeding fifty thousand dollars ($50,000). All expenditures related to contracts for any services, supplies, equipment, or materials, or for the construction, completion, maintenance, or repair of any building, structure, or improvement, approved by a general manager shall be reported to the governing board at its next regular meeting.(b) (1) Notwithstanding any other law, a contract for any services, supplies, equipment, or
materials that exceeds fifty thousand dollars ($50,000) shall be contracted for and let to the lowest responsible bidder.
A contract for any services, supplies, equipment, or materials of one hundred thousand dollars ($100,000) or less may be let by informal bidding procedures, but a contract for any services, supplies, equipment, or materials of more than one hundred thousand dollars ($100,000) shall be let by formal bidding procedures.
(2) A contract for the construction, completion, maintenance, or repair of any building, structure, or improvement that exceeds twenty-five thousand dollars ($25,000) shall be contracted for and let to the lowest responsible bidder. A contract for the construction, completion, maintenance, or repair of any building, structure, or improvement of seventy-five thousand dollars ($75,000) or less may be let by informal bidding procedures, but a contract for the construction, completion, maintenance, or repair of any building, structure, or improvement of more than seventy-five thousand dollars ($75,000) shall be let by formal bidding procedures.
(3) If two or more bids, for a contract described in paragraph (1) or (2), are the same and the lowest, the governing board may accept the one it chooses.
(4) If the governing board delegates authority in the manner specified in subdivision (a) for a contract for the construction, completion,
maintenance, or repair of any building, structure, or improvement, the decision by the chief administrative officer of the authority shall be binding on the authority, and all existing protest and grievance procedures regarding that decision remain valid.
(5) (A) Notwithstanding paragraph (1), contracts for services, including,
but not limited to, planning, consulting, legal, or appraisal services, or to contracts for services authorized to be procured pursuant to Chapter 10 (commencing with Section 4525) of Division 5 of Title 1 of the Government Code,
are not required to be contracted for or let to the lowest responsible bidder, if the governing board awards the contract to the most responsible and qualified bidder.
(B) For purposes of this subdivision, “most responsible and qualified bidder” means the bidder deemed by the governing board that best fits the needs of the service contract or meets the criteria prescribed in subparagraph (C).
(C) In determining the most responsible and qualified bidder, the governing board may use criteria, including, but not limited to, all of the following:
(i) Experience of the bidder as a firm, including past performance of the firm on contracts of similar size and scope.
(ii) Experience and qualifications of personnel employed by the bidder.
(iii) Demonstrated understanding of the scope of the service, including schedule and plan to accomplish the service.
(iv) Best overall financial return to the governing board on the contract.
(v) In addition, for purposes of this paragraph, a responsible bidder who has demonstrated the attribute of trustworthiness, as well as quality, fitness, and experience to satisfactorily perform the work or provide the goods required.
(c) The notice inviting bids shall set a date for the opening of bids. The first publication or posting of
the notice shall be at least 10 days before the date of opening the bids. For purposes of contracts requiring formal bidding, notice shall be published at least twice, at least five days apart, in a newspaper of general circulation in the authority, or if there is none, it shall be posted in at least three public places in the authority. The notice shall distinctly state the nature of the contract.
(d) The governing board may reject any bids. If the governing board rejects all bids, it may either readvertise or adopt a resolution, by four-fifths vote, declaring that the contract can be performed more economically by the employees of the authority or obtained at a lower price on the open market. Upon adoption of the resolution, the governing board may undertake the project without further complying with subdivisions (b) and (c).
(e) If bids are not received, the governing board may undertake the project without further complying with subdivisions (b) to (d), inclusive.
(f) (1) In the case of an emergency, the governing board may adopt a resolution by a two-thirds vote of all the members of the governing board declaring that the public interest and necessity demand immediate expenditure of public money to safeguard life, health, or property. The governing board may expend any sum required in the emergency without submitting the expenditure to bid.
(2) For purposes of this subdivision, “emergency” means a sudden, unexpected occurrence, involving a clear and imminent danger, demanding immediate action to prevent or
mitigate loss of, or damage to, life, health, property, or essential public services. Emergency includes a fire, a flood, an earthquake, or other soil or geologic movements, as well as a riot, an accident, or sabotage.
SEC. 3.
Section 35172 of the Public Resources Code is repealed.SEC. 4.
Section 35172 is added to the Public Resources Code, to read:35172.
(a) Subject to Section 4 of Article XIII A of the California Constitution, the authority may impose qualified special taxes within the authority’s jurisdiction pursuant to the procedures established in Article 3.5 (commencing with Section 50075) of Chapter 1 of Part 1 of Division 1 of Title 5 of the Government Code and any other applicable procedures provided by law.(b) (1) As used in this section, “qualified special taxes” means special taxes that apply uniformly to all taxpayers or all real property within the authority’s jurisdiction, except that unimproved property may be taxed at a lower rate than improved property. “Qualified
special taxes” may include taxes that provide for an exemption from those taxes for any or all of the following taxpayers:
(A) Persons who are 65 years of age or older.
(B) Persons receiving Supplemental Security Income for a disability, regardless of age.
(C) Persons receiving Social Security Disability Insurance benefits, regardless of age, whose yearly income does not exceed 250 percent of the 2012 federal poverty guidelines issued by the United States Department of Health and Human Services.
(2) “Qualified special taxes” does not include special taxes imposed on a particular class of property or taxpayers.
(c) Any exemption granted pursuant to subdivision (b) shall remain in effect until the taxpayer becomes ineligible. If the taxpayer becomes ineligible for the exemption for any reason, a new exemption may be granted in the same manner.
(d) (1) If the authority provides for an exemption for a qualified special tax pursuant to subdivision (b), and the authority contracts or enters into an agreement with the county to collect the qualified special tax within the authority’s jurisdiction, the authority shall annually provide to the tax collector of that county all of the following information:
(A) A hyperlink to the location on the internet website of the authority that contains exemption information, if available.
(B) A hyperlink to the location on the internet website of the authority that contains the application for the exemption, if available.
(C) A telephone number to provide persons with exemption information or direct persons requesting exemption information.
(2) If a county contracts or enters into an agreement with the authority to collect a qualified special tax for the authority and for which the authority provides for an exemption pursuant to subdivision (b), the tax collector of that county shall include a hyperlink, which shall be identified as “Parcel Tax Exemptions,” on the tax collector’s internet website home page to another location on the tax collector’s internet website that posts the hyperlinks and information provided by the authority in paragraph (1).
(3) Paragraph (2) shall only apply when the authority provides the information to the tax collector required by paragraph (1). The tax collector shall not post any hyperlink to a location on the authority’s internet website that is invalid.
