BILL NUMBER: SB 416 CHAPTERED
BILL TEXT
CHAPTER 468
FILED WITH SECRETARY OF STATE OCTOBER 1, 2013
APPROVED BY GOVERNOR OCTOBER 1, 2013
PASSED THE SENATE SEPTEMBER 10, 2013
PASSED THE ASSEMBLY SEPTEMBER 6, 2013
AMENDED IN ASSEMBLY SEPTEMBER 3, 2013
AMENDED IN ASSEMBLY AUGUST 19, 2013
AMENDED IN ASSEMBLY AUGUST 7, 2013
AMENDED IN ASSEMBLY JUNE 24, 2013
AMENDED IN SENATE MAY 28, 2013
AMENDED IN SENATE MAY 1, 2013
AMENDED IN SENATE APRIL 17, 2013
INTRODUCED BY Senator Liu
(Coauthors: Assembly Members : Gatto and Holden)
FEBRUARY 20, 2013
An act to amend Sections 54236 and 54237 of, and to add Sections
54237.3, 54237.7, and 54237.8 to, the Government Code, relating to
surplus residential property, and making an appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
SB 416, Liu. Surplus residential property.
Existing law declares the intent of the Legislature to preserve,
upgrade, and expand the supply of housing to persons and families of
low or moderate income, through the sale of specified surplus
residential property owned by public agencies. Existing law
establishes priorities and procedures that any state agency disposing
of that surplus residential property is required to follow, and
defines relevant terms for these purposes, including "fair market
value."
This bill would revise the definition of "fair market value" for
purposes of the sale of this surplus residential property, to reflect
the existing "as is" condition of the property, taking into account
any needed repairs.
Existing law requires specified single-family residences to be
first offered to their present occupants, at an affordable price, as
defined. Under existing law, the selling agency has the option of
making repairs to the property required by lenders or government
assistance programs, or providing the occupants with a replacement
dwelling, pursuant to a specified provision of law.
This bill would revise the procedures applicable to the sale of
these surplus residential properties not otherwise sold pursuant to
existing procedures, to be offered to current and former tenants in
good standing, respectively, and to purchasers who will be owner
occupants. The bill additionally would require the selling agency to
offer tenants in good standing of nonresidential properties to be
given priority to purchase the property they occupy. The bill would
authorize the Department of Transportation to offer a residence or
property in an "as is" condition, at the request of a person with
priority to purchase the residence or property in accordance with
existing law.
This bill would require proceeds from sales of surplus residential
property to be placed in the SR-710 Rehabilitation Account, created
by the bill, and would continuously appropriate these funds for the
purpose of providing specified repairs to the properties until the
last of the properties is repaired, at which time the funds, less any
reimbursements due to the federal government, would be transferred
to the State Highway Account, for allocation by the California
Transportation Commission, as specified.
This bill would provide that the preliminary project alternative
referred to as Alternative F-6 in the December 2012 Alternative
Analysis Report of the Los Angeles Metropolitan Transportation
Authority shall no longer be deemed a feasible alternative for
consideration in any state environmental review process for the
Interstate 710 North Gap Closure project, as specified.
Appropriation: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 54236 of the Government Code is amended to
read:
54236. (a) As used in this article, the term "offer" means to
solicit proposals prior to sale in a manner calculated to achieve a
sale under the conditions specified, and to hold the offer open for a
reasonable period of time, which shall be no more than one year,
unless the time is extended by the selling agency at its discretion,
for a period to be specified by the selling agency.
(b) As used in this article, the term "affordable price" means, in
the case of a purchaser, other than a lower income household, the
price for residential property for which the purchaser's monthly
payments will not exceed that portion of the purchasing household's
adjusted income as determined in accordance with the regulations of
the United States Department of Housing and Urban Development, issued
pursuant to Section 235 of the National Housing Act; and, in the
case of a purchaser that is a lower income household, the price for
residential property for which the purchaser's monthly payments will
not exceed that portion of the purchasing household's adjusted income
as determined in accordance with the regulations of the United
States Department of Housing and Urban Development issued pursuant to
Section 8 of the United States Housing Act of 1937.
(c) As used in this article, the term "single-family residence"
means a real property improvement used, or intended to be used, as a
dwelling unit for one family.
(d) As used in this article, the term "surplus residential
property" means land and structures owned by any agency of the state
that is determined to be no longer necessary for the agency's use,
and that is developed as single-family or multifamily housing, except
property being held by the agency for the purpose of exchange.
Surplus residential properties shall only include land and
structures that, at the time of purchase by the state, the state had
intended to remove the residences thereon and to use the land for
state purposes.
(e) As used in this article, the term "displacement" includes, but
is not limited to, persons who will have to move from surplus
residential property that they occupy when it is sold by a state
agency because they are unable to afford to pay the price that the
state agency is asking for the residential property.
(f) As used in this article, the term "fair market value" shall
mean fair market value as of the date the offer of sale is made by
the selling agency pursuant to the provisions of this article and
shall reflect the existing "as is" condition of the property, taking
into account any repairs required to make the property safe and
habitable. This definition shall not apply to terms of sale that are
described as mitigation measures in an environmental study prepared
pursuant to the Public Resources Code if the study was initiated
before this measure was enacted.
(g) As used in this article, the term "affordable rent" means, in
the case of an occupant person or family, other than a person or
family of low or moderate income, rent for residential property that
is not more than 25 percent of the occupant household's gross monthly
income, and in the case of an occupant person or family of low or
moderate income, rent for residential property that is not more than
the percentage of the adjusted income of the occupant person or
family as permitted under regulations of the United States Department
of Housing and Urban Development issued pursuant to Section 8 of the
United States Housing Act of 1937, but not in excess of the market
rental value for comparable property.
(h) As used in this article, the term "area median income" means
median household income, adjusted for family size as determined in
accordance with the regulations of the United States Department of
Housing and Urban Development issued pursuant to Section 235 of the
National Housing Act, as amended (Public Law 90-448), for the
standard metropolitan statistical area (SMSA), in which surplus
residential property to be disposed of pursuant to this article is
located, or the county in which the property is located, if it is
outside an SMSA.
(i) As used in this article, the term "persons and families of low
or moderate income" means persons and families who meet both of the
following conditions:
(1) Meet the definition of persons and families of low or moderate
income set forth in Section 50093 of the Health and Safety Code.
(2) Have not had an ownership interest in real property in the
last three years.
(j) As used in this article, the term "lower income households"
means lower income households as defined in Section 50079.5 of the
Health and Safety Code.
SEC. 2. Section 54237 of the Government Code is amended to read:
54237. (a) Notwithstanding Section 11011.1, any agency of the
state disposing of surplus residential property shall do so in
accordance with the following priorities and procedures:
(1) First, all single-family residences presently occupied by
their former owners shall be offered to those former owners at the
appraised fair market value.
(2) Second, all single-family residences shall be offered,
pursuant to this article, to their present occupants who have
occupied the property two years or more and who are persons and
families of low or moderate income.
(3) Third, all single-family residences shall be offered, pursuant
to this article, to their present occupants who have occupied the
property five years or more and whose household income does not
exceed 150 percent of the area median income.
(4) Fourth, a single-family residence shall not be offered,
pursuant to this article, to present occupants who are not the former
owners of the property if the present occupants have had an
ownership interest in real property in the last three years.
(b) Single-family residences offered to their present occupants
pursuant to paragraphs (2) and (3) of subdivision (a) shall be
offered to those present occupants at an affordable price, which
price shall not be less than the price paid by the agency for
original acquisition, unless the acquisition price was greater than
the current fair market value, and shall not be greater than fair
market value. When single-family residences are offered to present
occupants at a price that is less than fair market value, the selling
agency shall impose terms, conditions, and restrictions to ensure
that the housing will remain available to persons and families of low
or moderate income and households with incomes no greater than the
incomes of the present occupants in proportion to the area median
income. The Department of Housing and Community Development shall
provide to the selling agency recommendations of standards and
criteria for these prices, terms, conditions, and restrictions. The
selling agency shall provide repairs required by lenders and
government housing assistance programs, or, at the option of the
agency, provide the present occupants with a replacement dwelling
pursuant to Section 54237.5.
(c) If single-family residences are offered to their present
occupants pursuant to paragraphs (2) and (3) of subdivision (a), the
occupants shall certify their income and assets to the selling
agency. When single-family residences are offered to present
occupants at a price that is less than fair market value, the selling
agency may verify the certifications, in accordance with procedures
utilized for verification of incomes of purchasers and occupants of
housing financed by the California Housing Finance Agency and with
regulations adopted for the verification of assets by the United
States Department of Housing and Urban Development. The income and
asset limitations and term of residency requirements of paragraphs
(2) and (3) of subdivision (a) shall not apply to sales that are
described as mitigation measures in an environmental study prepared
pursuant to the Public Resources Code, if the study was initiated
before this measure was enacted.
(d) All other surplus residential properties and all properties
described in paragraphs (1), (2), and (3) of subdivision (a) that are
not purchased by the former owners or the present occupants shall be
then offered to housing-related private and public entities at a
reasonable price, which is best suited to economically feasible use
of the property as decent, safe, and sanitary housing at affordable
rents and affordable prices for persons and families of low or
moderate income, on the condition that the purchasing entity shall
cause the property to be rehabilitated and developed as limited
equity cooperative housing with first right of occupancy to present
occupants, except that where the development of cooperative or
cooperatives is not feasible, the purchasing agency shall cause the
property to be used for low and moderate income rental or
owner-occupied housing, with first right of occupancy to the present
tenants. The price of the property in no case shall be less than the
price paid by the agency for original acquisition unless the
acquisition price was greater than current fair market value and
shall not be greater than fair market value. Subject to the
foregoing, it shall be set at the level necessary to provide housing
at affordable rents and affordable prices for present tenants and
persons and families of low or moderate income. When residential
property is offered at a price that is less than fair market value,
the selling agency shall impose terms, conditions, and restrictions
as will ensure that the housing will remain available to persons and
families of low or moderate income. The Department of Housing and
Community Development shall provide to the selling agency
recommendations of standards and criteria for prices, terms,
conditions, and restrictions.
(e) Any surplus residential properties not sold pursuant to
subdivisions (a) to (d), inclusive, shall then be sold at fair market
value, with priority given first to purchasers who are present
tenants in good standing with all rent obligations current and paid
in full, second to former tenants who were in good standing at the
time they vacated the premises, with priority given to the most
recent tenants first, and then to purchasers who will be owner
occupants. The selling agency may commence the sales of properties
that former tenants may possess a right to purchase as provided by
this subdivision 30 days after the selling agency has done both of
the following:
(1) Posted information regarding the sales under this subdivision
on the selling agency's Internet Web site.
(2) Made a good faith effort to provide written notice, by
first-class mail, to the last known address of each former tenant.
(f) Tenants in good standing of nonresidential properties shall be
given priority to purchase, at fair market value, the property they
rent, lease, or otherwise legally occupy.
SEC. 3. Section 54237.3 is added to the Government Code, to read:
54237.3. Notwithstanding the requirement to provide repairs in
subdivision (b) of Section 54237, the Department of Transportation
may offer a residence or property in an "as is" condition at the
request of a person given priority to purchase pursuant to paragraphs
(2) and (3) of subdivision (a) of Section 54237.
SEC. 4. Section 54237.7 is added to the Government Code, to read:
54237.7. Notwithstanding Section 183.1 of the Streets and
Highways Code, the Department of Transportation shall deposit
proceeds from sales pursuant to this article into the SR-710
Rehabilitation Account, which is hereby created. Notwithstanding
Section 13340, funds in the account are hereby continuously
appropriated to the department without regard to fiscal years for the
purpose of providing repairs required pursuant to subdivision (b) of
Section 54237. The total funds maintained in the account shall not
exceed five hundred thousand dollars ($500,000). Funds exceeding that
amount, less any reimbursements due to the federal government, shall
be transferred to the State Highway Account in the State
Transportation Fund to be used for allocation by the California
Transportation Commission (commission) exclusively to fund projects
located in Pasadena, South Pasadena, Alhambra, La Caņada Flintridge,
and the 90032 postal ZIP Code. Projects shall be selected and
prioritized by the affected communities in consultation with the Los
Angeles County Metropolitan Transportation Authority, pursuant to
guidelines developed by the commission. The Los Angeles Metropolitan
Transportation Authority shall submit a proposed program of projects
and the commission shall have final authority to approve the
projects. Eligible projects may include, but are not limited to:
sound walls; transit and rail capital improvements; bikeways;
pedestrian improvements; signal synchronization; left turn signals;
and major street resurfacing, rehabilitation, and reconstruction. The
funds shall not be used to advance or construct any proposed North
State Route 710 tunnel. Any funds remaining in the SR-710
Rehabilitation Account on the date that final payment due for the
last of the properties repaired has been made, less any
reimbursements due to the federal government, shall be transferred to
the State Highway Account in the State Transportation Fund, to be
used exclusively for the purposes described in this section.
SEC. 5. Section 54237.8 is added to the Government Code, to read:
54237.8. Notwithstanding any other law, for purposes of the
California Environmental Quality Act (Division 13 (commencing with
Section 21000) of the Public Resources Code), the preliminary project
alternative referred to as Alternative F-6 in the December 2012
Alternative Analysis Report of the Los Angeles Metropolitan
Transportation Authority shall no longer be deemed a feasible
alternative for consideration in any state environmental review
process for the Interstate 710 North Gap Closure project, State
Clearinghouse number 1982092310.