Bill Text: CA SB697 | 2013-2014 | Regular Session | Introduced

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Bill Title: Department of Transportation: sale of excess state highway property.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-02-03 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB697 Detail]

Download: California-2013-SB697-Introduced.html

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BILL NUMBER: SB 697	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Evans

                        FEBRUARY 22, 2013

   An act to amend Section 118 of the Streets and Highways Code,
relating to transportation.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 697, as introduced, Evans. Department of Transportation: sale
of excess state highway property.
   Existing law provides that the Department of Transportation shall
have full possession and control of the state highway system and
associated real property. Existing law, if the department determines
that real property, or an interest in the property, acquired for
highway purposes is no longer necessary for those purposes,
authorizes the department to sell or exchange the property or
property interest in the manner and upon terms, standards, and
conditions established by the California Transportation Commission,
as specified.
   This bill would make a nonsubstantive change to these provisions.

   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  Section 118 of the Streets and Highways Code is amended
to read:
   118.  (a) If the department determines that real property or an
interest therein, previously or hereafter acquired by the state for
highway purposes, is no longer necessary for those purposes, the
department may sell, contract to sell, sell by trust deed, or
exchange the real property or interest therein in the manner and upon
terms, standards, and conditions established by the commission. The
payment period in a contract of sale or sale by trust deed shall not
extend longer than 10 years from the time the contract of sale or
trust deed is executed, and a transaction involving a contract of
sale or sale by trust deed to private parties shall require a
downpayment of at least 30 percent of the purchase price, except as
follows:
   (1) For improved and unimproved real property sold or exchanged
for the purpose of housing for persons and families of low or
moderate income, as defined in Section 50093 of the Health and Safety
Code, the payment period shall not exceed 40 years and the
downpayment shall be at least 5 percent of the purchase price. All
contracts of sale or sales by trust deed, for the purpose of housing
for persons and families of low or moderate income shall bear
interest. The rate of interest for the contract or sale shall be
computed annually, and shall be the same as the average rate returned
by the Pooled Money Investment Board for the past five fiscal years
immediately preceding the year in which the payment is made. The
contract of sale and sales by trust deeds shall not be 
utilized   used  if the proposed development or
sale qualifies for financing from other sources and if the financing
makes feasible the provision of low- and moderate-income housing.
   (2) Improved residential property sold to a local public agency
pursuant to paragraph (1), if subsequently sold or transferred to a
nonprofit housing organization, shall have the endorsement of the
city in which the parcels are located, or the county if the parcels
are located in an unincorporated area, that the housing shall remain
at affordable housing costs to persons and families of low or
moderate income and very low income households for the longest
feasible time, but for not less than 15 years, as determined by the
city or county, as applicable. By endorsing the sale, the city or
county accepts the responsibility of ensuring the housing remains
affordable. The local public agency shall record in the office of the
county recorder covenants or restrictions implementing this
subdivision. Notwithstanding any other provision of law, the
covenants or restrictions shall run with the land and shall be
enforceable against the original purchaser from the department and
successors in interest.
   (b) A conveyance under this section shall be approved by the
commission and shall be executed on behalf of the state by the
director and the purchase price shall be paid into the State Treasury
to the credit of any fund, available to the department for highway
purposes, which the commission designates.
   (c) Any such real property or interest therein may in like manner
be exchanged, either as whole or part consideration, for any other
real property or interest therein needed for state highway purposes.