Bill Text: CA AB576 | 2015-2016 | Regular Session | Amended
Bill Title: State highways: excess property.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Failed) 2016-11-30 - From Senate committee without further action. [AB576 Detail]
Download: California-2015-AB576-Amended.html
BILL NUMBER: AB 576 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 21, 2016
INTRODUCED BY Assembly Member Ting
FEBRUARY 24, 2015
An act to amend Section 18927 of the Health and Safety
Code, relating to housing. relating to highways.
LEGISLATIVE COUNSEL'S DIGEST
AB 576, as amended, Ting. California Building Standards
Commission: advisory panels. State highways: excess
property.
Existing law provides that the Department of Transportation has
full possession and control of state highways and associated
property. Existing law governs the disposal of excess property not
needed for highway purposes upon terms, standards, and conditions
established by the California Transportation Commission.
This bill, notwithstanding any other provision of law, for
purposes of adding certain rental housing units to a proposed
residential development project adjacent to a maintenance facility of
the department, if a portion of the department's property is
immediately contiguous to the development project and is not
independently developable, would encourage the department to find
that portion of the property to be excess and to sell that portion of
the property at fair market value to the owner of the contiguous
property, at the owner's request, under certain conditions. The bill
would require the determination of fair market value to be determined
by an appraiser jointly agreed upon by the department and the
contiguous property owner, based on the property's highest and best
use. The bill would specify the obligations of the purchaser of the
property with respect to the type and amount of residential rental
units to be constructed on the acquired property and consistency of
the construction with the general plan of the jurisdiction in which
the property is located. The bill would require the purchaser of the
property to agree to pay for the reconstruction of any existing
buildings located on the property being acquired from the department,
with the cost of construction to be deducted from the fair market
value of the property being acquired. The bill would require the
commission to certify compliance with all of the conditions imposed
by the bill before the sale of property is finalized. The bill would
require the department and the commission to complete any transaction
authorized by the bill by January 1, 2020.
The California Building Standards Law establishes the California
Building Standards Commission and requires the commission to appoint
an executive director. The law authorizes the commission to appoint
advisory panels from the design professions, the building and
construction industry, the affected general public, and interested
governmental agencies to advise the commission and its staff.
This bill would authorize the commission to also appoint
individuals from the energy and resource efficiency professions to an
advisory panel. This bill would state the intent of the Legislature
to enact legislation that would promote the creation of energy and
resource efficient homes in California.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. (a) Notwithstanding any other provision
of law, or any guidelines or regulations of the Department of
Transportation, for purposes of adding both market-rate and very low
income, low-income, or moderate-income rental units to a proposed
residential development project adjacent to a maintenance facility of
the department, if a portion of the department's property is
immediately contiguous to the project and is not independently
developable, the department is hereby encouraged to find that portion
of the department's property to be excess and to sell that portion
of the property at fair market value to the owner of the contiguous
property, at the owner's request, if all of the following conditions
are met:
(1) A fair market value appraisal shall be prepared for the
portion of property to be sold. The determination of the fair market
value shall be based on the value of the property at its highest and
best use. The department and the contiguous property owner shall
jointly agree upon a professional, qualified appraiser to determine a
fair market value for the property.
(2) The purchaser of the property shall ensure, that of the
incremental residential units constructed as a result of the
acquisition of the property, 25 percent of the units, or whatever
percentage the inclusionary zoning ordinance of the city in which the
project is located requires, shall be very low income, low-income,
or moderate-income rental units, and that constructing housing units
on the acquired property is consistent with the general plan of the
jurisdiction in which the property is located.
(3) The purchaser of the property shall agree to pay for the
reconstruction of any existing buildings located entirely or in part
on the property being acquired, at a suitable location, as determined
by the department, on the remaining property owned by the
department. The reconstruction shall be of like kind in material and
functionality. The cost of the construction shall be deducted from
the fair market value of the property being acquired as determined
pursuant to paragraph (1).
(b) Any sale of property pursuant to subdivision (a) shall not be
finalized until the California Transportation Commission certifies
that the conditions of subdivision (a) have been met.
(c) The department and the commission shall complete any
transaction authorized by subdivision (a) on or before January 1,
2020.
SECTION 1. It is the intent of the Legislature
to enact legislation to promote the creation of energy and resource
efficient homes in California.
SEC. 2. Section 18927 of the Health and Safety
Code is amended to read:
18927. The commission may appoint from the design professions,
the energy and resource efficiency professions, the building and
construction industry, the affected general public, and interested
governmental agencies, appropriate advisory panels to advise the
commission and its staff with respect to building standards. The
persons appointed to the panels shall be specifically knowledgeable
and qualified in the type of work embraced by the building standards
in question. These persons shall serve without compensation, but may
receive actual necessary travel expenses.
