Bill Text: CA AB2697 | 2015-2016 | Regular Session | Amended

California Assembly Bill 2697 (Prior Session Legislation)

Bill Title: Redevelopment dissolution: successor agencies: disposal of assets and properties.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Failed) 2016-11-30 - From committee without further action. [AB2697 Detail]

Download: California-2015-AB2697-Amended.html

BILL NUMBER: AB 2697	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 14, 2016

INTRODUCED BY   Assembly Member Bonilla

                        FEBRUARY 19, 2016

   An act to amend Section 34181 of the Health and Safety Code,
relating to redevelopment.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2697, as amended, Bonilla. Redevelopment dissolution: successor
agencies: disposal of assets and properties.
   Existing law dissolved redevelopment agencies and community
development agencies as of February 1, 2012, and provides for the
designation of successor agencies to wind down the affairs of the
dissolved redevelopment agencies and to, among other things, dispose
of all assets and properties of the former redevelopment agency in an
expeditious manner aimed at maximizing value.
   This bill would require a successor agency, prior to the disposal
of land of the former redevelopment agency, to send a written offer
to sell for the purposes of developing low- and moderate-income
housing to any local public entity within whose jurisdiction the land
is located, as specified. The bill would additionally require the
sale of land of the former redevelopment agency to be subject to
certain requirements relating to affordable housing. By imposing new
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 these
statutory provisions.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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

  SECTION 1.  Section 34181 of the Health and Safety Code is amended
to read:
   34181.  The oversight board shall direct the successor agency to
do all of the following:
   (a) (1) (A) Dispose of all assets and properties of the former
redevelopment agency; provided, however, that the oversight board may
instead direct the successor agency to transfer ownership of those
assets that were constructed and used for a governmental purpose,
such as roads, school buildings, parks, police and fire stations,
libraries, parking facilities and lots dedicated solely to public
parking, and local agency administrative buildings, to the
appropriate public jurisdiction pursuant to any existing agreements
relating to the construction or use of such an asset. Any
compensation to be provided to the successor agency for the transfer
of the asset shall be governed by the agreements relating to the
construction or use of that asset. Except as provided in subparagraph
(B), disposal shall be done expeditiously and in a manner aimed at
maximizing value. Asset disposition may be accomplished by a
distribution of income to taxing entities proportionate to their
property tax share from one or more properties that may be
transferred to a public or private agency for management pursuant to
the direction of the oversight board.
   (B) (i) Prior to the disposal of land of the former redevelopment
agency, the successor agency shall send a written offer to sell for
the purpose of developing low- and moderate-income housing to any
local public entity, as defined in Section 50079, within whose
jurisdiction the land is located. Housing sponsors, as defined by
Section 50074, shall be sent, upon written request, a written offer
to sell land for the purpose of developing low- and moderate-income
housing. All notices shall be sent by first-class mail and shall
include the location and a description of the property. With respect
to any offer to purchase pursuant to this subparagraph, priority
shall be given to development of the land to provide housing
affordable for lower income households.
   (ii) The sale of any land of the former redevelopment agency shall
be subject to Sections 54222.5,  54226,  54227, and 54233
of the Government Code.
   (2) "Parking facilities and lots dedicated solely to public
parking" do not include properties that generate revenues in excess
of reasonable maintenance costs of the properties.
   (b) Cease performance in connection with and terminate all
existing agreements that do not qualify as enforceable obligations.
   (c) Transfer housing assets pursuant to Section 34176.
   (d) Terminate any agreement, between the dissolved redevelopment
agency and any public entity located in the same county, obligating
the redevelopment agency to provide funding for any debt service
obligations of the public entity or for the construction, or
operation of facilities owned or operated by such public entity, in
any instance where the oversight board has found that early
termination would be in the best interests of the taxing entities.
   (e) Determine whether any contracts, agreements, or other
arrangements between the dissolved redevelopment agency and any
private parties should be terminated or renegotiated to reduce
liabilities and increase net revenues to the taxing entities, and
present proposed termination or amendment agreements to the oversight
board for its approval. The board may approve any amendments to or
early termination of those agreements if it finds that amendments or
early termination would be in the best interests of the taxing
entities.
   (f) All actions taken pursuant to subdivisions (a) and (c) shall
be approved by resolution of the oversight board at a public meeting
after at least 10 days' notice to the public of the specific proposed
actions. The actions shall be subject to review by the department
pursuant to Section 34179 except that the department may extend its
review period by up to 60 days. If the department does not object to
an action subject to this section, and if no action challenging an
action is commenced within 60 days of the approval of the action by
the oversight board, the action of the oversight board shall be
considered final and can be relied upon as conclusive by any person.
If an action is brought to challenge an action involving title to or
an interest in real property, a notice of pendency of action shall be
recorded by the claimant as provided in Title 4.5 (commencing with
Section 405) of Part 2 of the Code of Civil Procedure within a 60-day
period.
  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.