Bill Text: CA SB747 | 2023-2024 | Regular Session | Amended
Bill Title: Land use: surplus land.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Passed) 2023-10-11 - Chaptered by Secretary of State. Chapter 786, Statutes of 2023. [SB747 Detail]
Download: California-2023-SB747-Amended.html
Amended
IN
Assembly
June 30, 2023 |
Amended
IN
Senate
May 18, 2023 |
Amended
IN
Senate
May 01, 2023 |
Amended
IN
Senate
April 13, 2023 |
Amended
IN
Senate
March 22, 2023 |
Introduced by Senator Caballero (Principal coauthor: Senator Seyarto) |
February 17, 2023 |
LEGISLATIVE COUNSEL'S DIGEST
Existing law provides that certain dispositions of real property by local agencies are subject to surplus land disposal procedures as they existed on December 31, 2019, if those dispositions are pursuant to specified legal agreements and the disposition is completed by December 31, 2022, or by December 31, 2024, if the property is located in a charter city with a population of over 2,000,000 persons and a local agency has an option agreement duly authorized by the governing body to purchase the property from a former redevelopment agency.
This bill would expand the applicability of those disposition procedures to December 31, 2025, as to property located in a city or county that entered into a legally binding agreement to dispose of the property prior to September 30, 2019, and the transferee has exercised one or more unilateral extension options which were a component of the original agreement.
With respect to land held in the Community Redevelopment Property Trust Fund or designated in a long-range property management plan either for sale or retained for future development, existing law provides that certain dispositions of real property by local agencies are subject to surplus land disposal procedures as they existed on December 31, 2019, if those dispositions are pursuant to specified legal agreements entered into not later than December 31, 2020, and the disposition is completed by December 31, 2022, or by December 31, 2024, if the property is located in a
charter city with a population of over 2,000,000 persons and a local agency has an option agreement authorized by the local agency’s governing body to purchase the property from the former redevelopment agency.
This bill would expand the applicability of those disposition procedures for which an agreement has been entered into by December 31, 2020, if the disposition is completed by December 31, 2025, and the property is located in a city or county that entered into a legally binding agreement to dispose of the property before September 30, 2019, and the transferee has exercised one or more unilateral extension options which were a component of the original agreement.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 52200 of the Government Code is amended to read:52200.
It is the intent of the Legislature to do all of the following:SEC. 2.
Section 52200.6 of the Government Code is amended to read:52200.6.
(a) (1) This part shall not be interpreted to authorize the use of eminent domain for economic development purposes.SEC. 3.
Section 52201 of the Government Code is amended to read:52201.
(a) (1) A city, county, or city and county may acquire property in furtherance of the creation of an economic opportunity. A city, county, or city and county may sell, lease, or otherwise transfer property to create an economic opportunity. The acquisition, sale, lease, or transfer shall first be approved by the legislative body by resolution after a public hearing. Notice of the time and place of the hearing shall be published in a newspaper of general circulation in the community at least once per week for at least two successive weeks, as specified in Section 6066, prior to the hearing.SEC. 4.
Section 54221 of the Government Code is amended to read:54221.
As used in this article, the following definitions shall apply:(B)
(ii)The local agency has posted, on its internet website, or published the declaration and written findings, described in subparagraph (A), and made the declaration and findings available for public comment, and provided notice to the entities identified in subdivision (a) of Section 54222 at least 30 days before the declaration takes effect.
(IV)An affordable housing authority established pursuant to Division 5 (commencing with Section 62250) of Title 6.
(V)
(VI)
(IV)A requirement for voter approval to transfer the property.
SEC. 5.
Section 54222 of the Government Code is amended to read:54222.
Except as provided in Division 23 (commencing with Section 33000) of the Public Resources Code, any local agency disposing of surplus land shall send, prior to disposing of that property or participating in negotiations to dispose of that property with a prospective transferee other than an affordable housing developer proposing to develop an affordable housing project on the site that meets or exceeds the 25-percent affordability threshold described in Section 54222.5, a written notice of availability of the property to all of the following:SEC. 6.
Section 54226 of the Government Code is amended to read:54226.
(a) This article shall not be interpreted to limit the power of any local agency to sell or lease surplus land at fair market value or at less than fair market value, and any sale or lease at or less than fair market value consistent with this article shall not be construed as inconsistent with an agency’s purpose.SEC. 7.
Section 54230 of the Government Code is amended to read:54230.
(a) (1) On or before December 31 of each year, each county and each city shall make a central inventory of all surplus land, as defined in subdivision (b) of Section 54221, and all lands in excess of its foreseeable needs, if any, identified pursuant to Section 50569, located in all urbanized areas and urban clusters, as designated by the United States Census Bureau, within the jurisdiction of the county or city that the county or city or any of its departments, agencies, or authorities owns or controls.(c)The Department of Housing and Community Development may review, adopt, amend, and repeal standards, forms, and definitions in order to implement this section. Any standards, forms, or definitions adopted, amended, or repealed pursuant to this subdivision are hereby exempt from the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2).
SEC. 8.
Section 54230.5 of the Government Code is amended to read:54230.5.
(a) (1) A local agency that disposes of land in violation of this article after receiving a notification from the Department of Housing and Community Development pursuant to subdivision (b) that the local agency is in violation of this article shall be liable for a penalty of 30 percent of the final sale price of the land sold in violation of this article for a first violation and 50 percent for any subsequent violation. An entity identified in Section 54222 or a person who would have been eligible to apply for residency in any affordable housing developed or a housing organization as defined in Section 65589.5, or any beneficially interested person or entity may bring an action to enforce this section. Upon receiving a notice of violation from the department, a local agency that proceeds with the disposal shall consider the matter at a public meeting within 30 days. Following the public meeting, a local agency shall have 60 days to cure or correct an alleged violation before an action may be brought to enforce this section, unless the local agency disposes of the land before curing or correcting the alleged violation, or the department deems the alleged violation not to be a violation in less than 60 days.(i)Solicit public comments on the proposed guidelines for at least 30 days.
(ii)Consider and respond to public comments in writing.
(a)(1)If a local agency, as of September 30, 2019, has entered into an exclusive negotiating agreement or legally binding agreement to dispose of property, the provisions of this article as it existed on December 31, 2019, shall apply, without regard to the changes made to this article by Chapter 664 of the Statutes of 2019, and all subsequent amendments to this article, to the disposition of the property to the party that had entered into such agreement or its successors or assigns, provided the disposition is completed by either of the following dates, as applicable:
(A)December 31, 2022, unless either of the conditions described in subparagraph (B) apply.
(B)(i)December 31, 2024, if the property is located in a charter city with a population of over 2,000,000 persons and a local agency has an option agreement duly authorized by the local agency’s governing body to purchase the property from the former redevelopment agency.
(ii)December 31, 2025, if the property is located in a city or county which entered into a legally binding agreement to dispose of the property prior to September 30, 2019, and the transferee has exercised one or more unilateral extension options which were a component of the original agreement.
(2) If a local agency, as of September 30, 2019, has entered into an exclusive negotiating agreement or legally binding agreement to dispose of property related to the Metro North Hollywood Joint Development Project, the provisions of this article as it existed on December 31, 2019, shall apply, without regard to the changes made to this article by Chapter 664 of the Statutes of 2019, and all subsequent amendments to this article, to the disposition of the property to the party that had entered into such agreement or its successors or assigns, provided the disposition is completed not later than December 31, 2024.
(3) If a local agency, as of September 30, 2019, has issued a competitive request for proposals for the development of property that includes at least 100 residential units and at least 25 percent of the total residential units are restricted to lower income households, as defined in Section 50079.5 of the Health and Safety Code, with an affordable housing cost or an affordable rent, as defined in Sections 50052.5 and 50053 of the Health and Safety Code, for a minimum of 55 years for rental housing and 45 years for ownership housing, the provisions of this article as it existed on December 31, 2019, shall apply, without regard to the changes made to this article by Chapter 664 of the Statutes of 2019, and all subsequent amendments to this article, to the disposition of the property to the party that participated in the competitive request for proposals process, or the party’s successors or assigns, provided a disposition and development agreement for the property is entered into not later than December 31, 2024. A joint development involving multiple parcels shall meet the requirements of this paragraph so long as there was a single competitive request for proposals process and the joint development otherwise meets all the requirements listed in this paragraph. A “disposition and development agreement” means an agreement between the developer and the local agency that binds the developer to construct a specific development and the local agency to dispose of the property if permits and other entitlements for the project are obtained. This paragraph shall not apply to land held in the Community Redevelopment Property Trust Fund pursuant to Section 34191.4 of the Health and Safety Code, or that has been designated in a long-range property management plan pursuant to Section 34191.5 of the Health and Safety Code. If the property is not disposed of pursuant to a qualifying disposition and development agreement before March 31, 2026, or if no disposition and development agreement is entered into before December 31, 2024, then future negotiations for and disposition of the property shall be subject to the provisions of this article.
(4) The dates specified in paragraphs (1) to (3), inclusive, by which the disposition of property must be completed shall be extended if the disposition of property, the local agency’s right or ability to dispose of the property, or a development project for which the property is proposed to be transferred, is the subject of judicial challenge, by petition for writ of mandate, complaint for declaratory relief or otherwise, to the date that is six months following the final conclusion of such litigation.
(b)(1)With respect to land held in the Community Redevelopment Property Trust Fund pursuant to Section 34191.4 of the Health and Safety Code, or that has been designated in a long-range property management plan pursuant to Section 34191.5 of the Health and Safety Code, either for sale or retained for future development, this article as it existed on December 31, 2019, without regard to the changes made to this article by Chapter 664
of the Statutes of 2019, and all subsequent amendments to this article, which take effect on January 1, 2020, shall apply to the disposition of that property if both of the following apply:
(A)An exclusive negotiating agreement or legally binding agreement for disposition is entered into not later than December 31, 2020.
(B)The disposition is completed not later than either of the following dates, as applicable:
(i)December 31, 2022, unless the conditions described in clause (ii) or (iii) apply.
(ii)December 31, 2024, if the property is located in a charter city with a population of over 2,000,000 persons and a local agency has an option agreement duly authorized by the local agency’s governing body to purchase the property from the former redevelopment agency.
(iii)December 31, 2025, if the property is located in a city or county which entered into a legally binding agreement to dispose of the property prior to September 30, 2019, and the transferee has exercised one or more unilateral extension options which were a component of the original agreement.
(2)If land described in paragraph (1) is the subject of litigation, including, but not limited to, litigation challenging the disposition of such property, the right or ability to dispose of the property, or a development project for which such property is proposed to be transferred, the dates specified in paragraph (1) shall be extended to the date that is six months following the final conclusion of such litigation.
(c)Nothing in this section shall authorize or excuse any violation of the provisions of this article as it existed on December 31, 2019, in the disposition of any property to which such provisions apply pursuant to subdivision (a) or (b).