BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  SB 416
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          Date of Hearing:   August 12, 2013

                        ASSEMBLY COMMITTEE ON TRANSPORTATION
                               Bonnie Lowenthal, Chair
                      SB 416 (Liu) - As Amended:  August 7, 2013

           SENATE VOTE  :  39-0
           
          SUBJECT  :  Surplus residential property

           SUMMARY  :  Makes a number of changes to provisions governing the  
          sale of surplus properties in the State Route (SR) 710 corridor.  
           Specifically,  this bill  :  

          1)Requires the fair market value price that the Department of  
            Transportation (Caltrans) offers to certain buyers to reflect  
            the "as-is" condition of the property, taking into account any  
            repairs required to make the property safe and habitable.  

          2)With respect to market-rate residential sales:

             a)   Gives first priority only to tenants in good standing  
               with all rent current and paid in full (rather than any  
               tenant);

             b)   Gives second priority to former occupants who were in  
               good standing at the time they left the home, with priority  
               given to the most recent tenants first; and,

             c)   Finally, gives third priority to purchasers who intend  
               to be owner-occupants.  

            A sale to someone other than those given priority to purchase  
            under these provisions may be made only after the selling  
            agency has posted relevant information on its website and  
            after the selling agency has made a good faith effort to  
            provide written notice to former tenants.  

          3)With respect to non-residential properties, gives tenants in  
            good standing priority to purchase the property at fair market  
            value.  

          4)Allows Caltrans, at the request of an income-qualified person,  
            to offer a residence or property for sale in an "as-is"  
            condition.  








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          5)Creates the SR 710 Rehabilitation Account and requires  
            Caltrans to deposit proceeds from sales of SR 710 properties  
            into the account.

          6)Continuously appropriates funds in the SR 710 Rehabilitation  
            Account for the purpose of making required repairs to homes  
            being purchased by income-qualified residents.  

          7)Limits the total funds that can be maintained in the account  
            to $500,000, and specifies that funds exceeding that amount  
            (less any reimbursements due to the federal government) shall  
            be transferred to the State Highway Account (SHA) to be used  
            for allocation by the California Transportation Commission  
            (CTC), in consultation with the Los Angeles County  
            Metropolitan Transportation Authority (METRO), exclusively to  
            fund eligible projects located in Pasadena, South Pasadena,  
            Alhambra, La Canada Flintridge, and the 90032 zip code area.  

          8)Defines projects that are eligible for funding to include:  
            sound walls; transit; rail capital improvements; bikeways;  
            pedestrian improvements; streetscapes; signal synchronization;  
            left-turn signals; and major street resurfacing,  
            rehabilitation, and reconstruction.  

          9)Prohibits funds from the sale of surplus properties in the SR  
            10 corridor from being used to advance or construct the  
            proposed State Route 710 tunnel.  

          10)        Requires that any funds remaining in the SR 710  
            Rehabilitation Account after the last property is repaired be  
            transferred to the State Highway Account for use only on  
            eligible projects, as specified.  

           EXISTING LAW:    

          1)Allows the California Department of Transportation (Caltrans)  
            to acquire any real property that it considers necessary for  
            state highway purposes.  

          2)Allows Caltrans, whenever it determines that any real property  
            acquired by the state for highway purposes is no longer  
            necessary for those purposes, to sell or exchange it in the  
            manner and upon terms, standards, and conditions established  
            by the CTC.  








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          3)Requires Caltrans, to the greatest extent possible, to offer  
            to sell or exchange excess real property within one year from  
            the date that it determines the property is excess.  

          4)Generally requires state and local agencies, prior to  
            disposing of excess lands, first to offer property for sale or  
            lease to local public agencies, housing authorities, or  
            redevelopment agencies within whose jurisdiction the property  
            is located.  Requires Caltrans to give priority first to  
            entities agreeing to use the land for low- or moderate-income  
            housing then to entities for open-space purposes, school  
            facilities construction, enterprise zone purposes, and infill  
            opportunities, in that order.  

          5)Provides an exception from these provisions for the disposal  
            of excess residential properties in the unconstructed portion  
            of the SR 710 corridor, i.e., the portion of SR 710 addressed  
            in this bill.  According to this exception, provided for in  
            the Roberti Act, excess residential properties in this  
            corridor are to be sold as follows:  

             a)   First, homes presently occupied by their former owners  
               must be offered for sale to the occupant at fair market  
               value.  (Caltrans reports that there are no longer any  
               properties in the SR 710 corridor occupied by previous  
               owners);

             b)   Second, homes are to be offered to present occupants  
               that have lived in the property for at least two years and  
               who are persons and families of low or moderate income;

             c)   Third, homes must be offered for sale to present  
               occupants that have lived in the home for more than five  
               years and whose household income does not exceed 150% of  
               the area median income;
             d)   Homes offered to income-qualified buyers are to be  
               offered at an affordable price, but not less than the  
               acquisition price or more than fair market value.  Homes  
               sold at less than fair market value must have deed  
               restrictions to assure that the house remains available to  
               families and households of low or moderate income; also,  
               prior to selling properties to income-qualified buyers,  
               Caltrans must provide any repairs required by lenders or  
               provide replacement dwellings;








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             e)   Homes not sold under these terms must then be offered to  
               housing-related private and public entities for a price  
               which is best suited economically to using the property for  
               low- or moderate-income housing; and,

             f)   Any excess homes not sold pursuant to these provisions  
               are then to be sold at fair market value with first  
               priority given to purchasers who are present occupants and  
               then to purchasers who will be owner occupants.  

          6)Directs the proceeds from the sale of excess property to be  
            deposited first to the SHA and then transferred to the  
            Transportation Debt Service Fund.  

          7)Directs 50% of the revenue collected by Caltrans from rental  
            of historic property that is located in a freeway right-of-way  
            corridor to be deposited in the Historic Property Maintenance  
            Fund to pay for costs associated with maintenance and  
            operation of the historic properties.  

           FISCAL EFFECT  :  Unknown, but, absent this bill, revenues derived  
          from the sale of surplus properties are directed to the  
          Transportation Debt Service Fund.  This bill will direct at  
          least some of those proceeds to cover the cost of repairs to  
          homes being purchased by income-qualified purchasers; the  
          remainder of the proceeds will be directed to the SHA to fund  
          eligible projects in the SR 710 corridor, resulting in fewer  
          dollars being directed to the Transportation Debt Service Fund.   


           COMMENTS  :  For decades, Caltrans has proposed the SR 710  
          extension project to close a roughly 4.5-mile unconstructed gap  
          in the freeway from just north of SR 10 in Los Angeles to SR 210  
          in Pasadena.  This gap affects the cities of Alhambra, Pasadena,  
          South Pasadena, and a portion of Los Angeles.  The project has  
          been in the planning stage since 1953 but has not progressed  
          past the environmental review stage, due largely to community  
          opposition.  METRO, on behalf of Caltrans, is currently  
          preparing a draft environment impact report to assess  
          alternatives for ameliorating traffic congestion in the SR 710  
          corridor and address community concerns.  At this point in the  
          process, the originally proposed surface route has essentially  
          been eliminated from further consideration.  Alternatives  
          remaining under consideration include a tunnel, light rail, bus  








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          rapid transit, and transportation demand and traffic flow  
          management.  

          Caltrans currently owns 460 properties within the originally  
          proposed right-of-way, including 358 single-family homes and 42  
          multifamily housing units. According to the author, the Bureau  
          of State Audits has cited Caltrans a number of times over the  
          years for poor performance as a real estate manager and  
          landlord.  The author believes this is a role outside of  
          Caltrans' primary mission and one that Caltrans is not anxious  
          to continue.  Given that a surface route is no longer under  
          consideration, the author believes that the most expeditious  
          means of taking Caltrans out of the real estate management  
          business is to sell the properties and, as a result, restore  
          community integrity and return the properties to private  
          ownership and to the local tax rolls.  SB 416 is intended to  
          facilitate the expeditious sale of those properties.  

          Regarding provisions directing revenue from the sale of surplus  
          properties to local transportation improvements, SB 416 is not  
          without precedent.  Similar provisions were enacted directing  
          the proceeds from the sale of excess homes in the SR 84 and the  
          SR 238 corridors to local alternative transportation improvement  
          programs. Similar to the freeway gap closure project planned for  
          the north SR 710, Caltrans began acquiring properties in these  
          corridors decades ago and, like the SR 710 project, projects in  
          these corridors faced community opposition and subsequently  
          stalled for years.  

          SB 416 does have one notable difference from those earlier  
          provisions, however.  Revenue received from the sale of surplus  
          properties in the SR 84 and SR 238 corridors was used to fund  
          local alternative transportation improvement programs in lieu of  
          the originally planned state highway project.  SB 416 differs in  
          this regard in that not only is there still a state highway  
          project under consideration in the SR 710 corridor, the bill  
          would prohibit revenues received from surplus properties from  
          being used on that project if the preferred alternative  
          ultimately chosen is a tunnel option.  

           Double-referral  :  This bill was also referred to the Assembly  
          Housing Committee and passed out of that committee on a 7-0  
          vote.  

           Previous legislation:   SB 791 (Corbett) Chapter 705, Statutes of  








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          2008), among other provisions,
          authorized proceeds from the sale of surplus property to be used  
          to develop the local alternative transportation improvements in  
          the SR 84 and SR 238 corridors.  

           REGISTERED SUPPORT / OPPOSITION  :

           Support 
           
          None on file
           
            Opposition 
           
          None on file

           Analysis Prepared by  :    Janet Dawson / TRANS. / (916) 319-2093