BILL NUMBER: AB 239	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member DeSaulnier
   (Principal coauthor: Senator Torlakson)

                        JANUARY 31, 2007

   An act to add Section 27361.10 to the Government Code, relating to
recording fees.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 239, as introduced, DeSaulnier. Recording fees: Contra Costa
County.
   Existing law establishes the fees to be charged by the county
recorder for recording and indexing every instrument, paper, or
notice required or permitted by law to be recorded. Existing law,
including provisions of the California Constitution, subject local
governmental agencies to various requirements when imposing,
increasing, or extending general or special taxes, fees, and other
local exactions.
   This bill would authorize the Contra Costa County Board of
Supervisors to additionally charge $1 for each page after the first
page that is recorded for every real estate instrument, as defined,
paper, or notice required or permitted by law to be recorded in
Contra Costa County. The bill would require the Contra Costa County
Board of Supervisors, if it charges this fee, to establish a fund for
deposit of the moneys raised by the increase, which shall be used to
assist in the development of affordable housing for very low income
households, lower income households, and moderate-income households.
   This bill would make legislative findings and declarations as to
the necessity of a special statute.
   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 27361.10 is added to the Government Code, to
read:
   27361.10.  (a) In addition to any other recording fees specified
in this code, the Contra Costa County Board of Supervisors may
increase the fee for recording every real estate instrument, paper,
or notice required or permitted by law to be recorded in Contra Costa
County, except those expressly exempted from payment of recording
fees. The additional fee, if authorized by the Contra Costa County
Board of Supervisors, shall not exceed one dollar ($1) per page for
each page following the first page of the recorded document.
   (b) (1) All moneys raised pursuant to subdivision (a) shall be
deposited in an account established by the Contra Costa County Board
of Supervisors, if it authorizes the additional fee, to be used to
assist in the development of affordable housing for very low income
households, lower income households, and moderate-income households.
   (2) For purposes of this section, the following definitions apply:

   (A) "Very low income household" means a household whose income
does not exceed the very low income limits applicable to Contra Costa
County adjusted for household size, as published and periodically
updated by the State Department of Housing and Community Development
pursuant to Section 50105 of the Health and Safety Code.
   (B) "Lower income household" means a household whose income does
not exceed the lower income limits applicable to Contra Costa County,
adjusted for household size, as published and periodically updated
by the State Department of Housing and Community Development pursuant
to Section 50079.5 of the Health and Safety Code.
   (C) "Moderate-income household" means persons and families whose
income does not exceed the moderate income limits applicable to
Contra Costa County, adjusted for household size, as published and
periodically updated by the State Department of Housing and Community
Development pursuant to Section 50093 of the Health and Safety Code.

   (c) All moneys raised pursuant to subdivision (a), after deduction
of any actual and necessary administrative costs incurred by Contra
Costa County, shall be used only to help finance the construction,
rehabilitation, or purchase of housing for very low income
households, lower income households, and moderate-income households
and to fund any local matching contributions required pursuant to
federal law.
   (d) Housing constructed with funds made available pursuant to this
section shall meet at least one of the following requirements:
   (1) Be housing located within the urban limit line.
   (2) Be multifamily with an average density of at least 14 units
per acre.
   (3) Be designed in a manner that complements existing
neighborhoods, promotes social interaction, is pedestrian friendly,
and allows for the potential for mixed use.
  SEC. 2.  The Legislature finds and declares that there are unique
circumstances concerning the need for developing more affordable
housing for very low income households, lower income households, and
moderate-income households in Contra Costa County necessitating the
enactment of the procedures contained in this act. It is therefore
declared that a general law cannot be made applicable within the
meaning of Section 16 of Article IV of the Constitution, and that the
enactment of this act as a special law is necessary.