Bill Text: CA AB2988 | 2023-2024 | Regular Session | Chaptered

California Assembly Bill 2988

Bill Title: Courts.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2024-09-29 - Chaptered by Secretary of State - Chapter 973, Statutes of 2024. [AB2988 Detail]

Download: California-2023-AB2988-Chaptered.html

Assembly Bill No. 2988

CHAPTER 973

An act to add Section 70397.2 to the Government Code, relating to court facilities.

[ Approved by Governor September 29, 2024. Filed with Secretary of State September 29, 2024. ]

LEGISLATIVE COUNSEL'S DIGEST

AB 2988, McCarty. Courts.

Existing law authorizes the Judicial Council to dispose of surplus court facilities pursuant to a specified process that requires, among other things, the Judicial Council to consult with the county where the court facility is located, offer the facility to the county at a fair market value before offering it to another state or local government agency, and deposit the funds received from a sale into the State Court Facilities Construction Fund. The California Constitution requires the proceeds from the sale of surplus state property to be deposited into the Special Fund for Economic Uncertainties, a continuously appropriated fund.

This bill would, notwithstanding any other law, specifically authorize the Judicial Council to sell the Gordon D. Schaber Sacramento County Courthouse if the sale complies with certain requirements, including, among other things, that the Judicial Council makes the availability of the property known to any local public entity that has jurisdiction for developing low- and moderate-income housing where the property is located. The bill would require any local agency, as defined, that purchases the property for use in developing low- and moderate-income housing to give priority to an entity that proposes a residential development with the greatest number of affordable housing units. The bill would require the net proceeds from the sale of the courthouse to be deposited into the State Court Facilities Construction Fund. The bill would state that the disposition of this property is not a sale or other disposition of surplus state property within the meaning of the California Constitution.

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO

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

SECTION 1.

Section 70397.2 is added to the Government Code, to read:

70397.2.

(a) Notwithstanding any other law, the Judicial Council may sell the property, in a fair market value transaction and upon the terms and conditions and subject to the reservations the Judicial Council deems in the best interests of the state, if all of the following requirements are satisfied:

(1) The sale complies with Section 70391, as applicable.

(2) The Judicial Council consults with the county in which the property is located concerning the sale of the property.

(3) The Judicial Council offers the county in which the property is located the right to purchase the property in a fair market value transaction before otherwise offering the property for sale.

(4) The Judicial Council makes the availability of the property known to the Department of Housing and Community Development for the purpose of including the property on the up-to-date listing of all notices of availability for developing low- and moderate-income housing through the state maintained by the Department of Housing and Community Development on its internet website pursuant to paragraph (2) of subdivision (a) of Section 54222.

(5) The Judicial Council makes the availability of the property known to any local public entity that has jurisdiction for developing low- and moderate-income housing where the property is located.

(6) Any local agency, as defined in paragraph (1) of subdivision (a) of Section 54221, that purchases the property from the Judicial Council in a fair market value transaction pursuant to this section to use the property for developing low- and moderate-income housing shall give priority to an entity that agrees to use the site for housing and proposes to provide the greatest number of units that meet the requirements of Section 54222.5 in accordance with Article 8 (commencing with Section 54220) of Chapter 5 of Part 1 of Division 2 of Title 5.

(b) Notwithstanding any other law, the net proceeds from the sale of the property shall be deposited into the State Court Facilities Construction Fund, established by Section 70371.

(c) For purposes of this section, “property” means the Gordon D. Schaber Sacramento County Courthouse located at 720 Ninth Street, City of Sacramento, County of Sacramento, Assessor Parcel Number 002-0145-026.

(d) The disposition of the property authorized in this section does not constitute a sale or other disposition of surplus state property within the meaning of Section 9 of Article III of the California Constitution and is not subject to subdivision (g) of Section 11011.