BILL NUMBER: AB 806	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 14, 2016
	AMENDED IN SENATE  JULY 13, 2015
	AMENDED IN ASSEMBLY  MAY 28, 2015
	AMENDED IN ASSEMBLY  APRIL 6, 2015

INTRODUCED BY   Assembly  Member   Dodd
  Members   Dodd   and Frazier 

                        FEBRUARY 26, 2015

   An act to  add Section 65964.5 to   amend
Sections 52200.2, 52200.6, 52201, and 52202 of, and to add Section
52204 to,  the Government Code, relating to local government.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 806, as amended, Dodd.  Planning and zoning: permits:
strand-mounted antenna.   Comm   unity
development: economic opportunity.  
   Under existing law, before certain city, county, or city and
county property is sold or leased for economic development purposes,
approval of the sale or lease by the legislative body by resolution,
after a public hearing, is required. Existing law requires that
resolution to contain a finding that the sale or lease of the
property will assist in the creation of economic opportunity, as
defined.  
   This bill would repeal the existing requirement for approval of
the sale or lease by the legislative body by resolution before
certain city, county, or city and county property is sold or leased
for economic development purposes. The bill would instead authorize a
city, county, or city and county to acquire property in furtherance
of the creation of an economic opportunity, as defined. The bill
would also authorize a city, county, or city and county to sell or
lease property to create an economic opportunity. The bill would
require the acquisition, sale, or lease to be approved by the
legislative body by resolution after a public hearing. The bill would
require the resolution to contain a finding that the acquisition,
sale, or lease of the property will assist in the creation of
economic opportunity and would require the creation of an economic
opportunity to be subject to specified public notice and hearing
provisions.  
   Existing law authorizes a city, county, or city and county to
establish a program under which it loans funds to owners or tenants
for the purpose of rehabilitating commercial buildings or structures.
 
   This bill would revise that authorization by requiring the loan to
be in the form of a written loan agreement that includes a payment
schedule, the terms for interest calculation, the rights and remedies
of the parties in case of default, and any other material terms of
the loan. The bill would require, prior to entering into that loan
agreement, the city, county, or city and county to find, after a
public hearing, that the assistance is necessary for the economic
feasibility of the development and that the assistance cannot be
obtained on economically feasible terms in the private market. 

   The Permit Streamlining Act governs the approval process that a
city, county, or city and county is required to follow when
approving, among other things, a project that is located within a
flood hazard zone, a permit for a hazardous waste facility project,
and a permit for construction or reconstruction for a development
project for a wireless telecommunications facility. 

   This bill would require state and local agencies to encourage the
installation of broadband by eliminating barriers that restrict
broadband deployment. The bill would also require that strand-mounted
antennas, as defined, that were previously in accordance with state
or local government permitting requirements be exempt from additional
permit requirements. The bill would make findings and declarations
in this regard including that this constitutes a matter of statewide
concern. 
   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 52200.2 of the  
Government Code   is amended to read: 
   52200.2.  As used in this part "economic opportunity" means any of
the following:
   (a) Development  agreements   agreements,
loan agreements, sale agreements, lease agreements,  or other
agreements that create, retain, or expand new jobs, in which the
legislative body finds that the agreement will create or retain at
least one full-time equivalent, permanent job for every thirty-five
thousand dollars ($35,000) of city, county, or city and county
investment in the project after full capacity and implementation.
   (b) Development  agreements   agreements,
loan agreements, sale agreements, lease agreements, or other
agreements  that increase property tax revenues to all property
tax collecting entities, in which the legislative body finds that the
agreement will result in an increase of at least 15 percent of total
property tax resulting from the project at full implementation when
compared to the year prior to the property being acquired by the
government entity.
   (c) Creation of affordable housing, if a demonstrated affordable
housing need exists in the community, as defined in the approved
housing element or regional housing needs assessment.
   (d) Projects that meet the goals set forth in Chapter 728 of the
Statutes of 2008 and have been included in an adopted sustainable
communities strategy or alternative planning strategy or a project
that specifically implements the goals of those adopted plans.
   (e) Transit priority projects, as defined in Section 21155 of the
Public Resources Code. 
   (f) The acquisition of property in furtherance of the creation of
an economic opportunity, as described in subdivisions (a) to (e),
inclusive. 
   SEC. 2.    Section 52200.6 of the  
Government Code   is amended to read: 
   52200.6.   (a)    This  chapter
  part  shall not be interpreted to authorize the
use of eminent domain for economic development purposes. 
   (b) The creation of an economic opportunity pursuant to this part
shall be subject to the provisions of Section 53083.  
   (c) The provisions of this part shall be an alternative to any
authority of a city, county, or city and county to create an economic
opportunity or to acquire, sell, or lease property for economic
development, found in the Constitution, state law, local ordinance,
or charter. This part does not limit, or in any way affect, the
application of any other such laws. 
   SEC. 3.    Section 52201 of the   Government
Code   is amended to read: 
   52201.  (a) (1)  Before any city, county, or city and
county property that is returned to the city, county, or city and
county per the long-range property management plan, pursuant to
Section 34191.5 of the Health and Safety Code, is sold or leased for
economic development purposes, the sale   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 or lease property to create an economic opportunity.
The acquisition, sale,  or lease 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.
   (2) The city, county, or city and county shall make available, for
public inspection and copying at a cost not to exceed the cost of
duplication, a report no later than the time of publication of the
first notice of the hearing mandated by this section. This report
shall contain both of the following:
   (A) A copy of the proposed  sale  
acquisition, sale,  or lease.
   (B) A summary that describes and specifies all of the following:
   (i) The cost of the agreement to the city, county, or city and
county, including land acquisition costs, clearance costs, relocation
costs, the costs of any improvements to be provided by the city,
county, or city and county, plus the expected interest on any loans
or bonds to finance the agreements.
   (ii)  The   For the sale or lease of
property, the  estimated value of the interest to be conveyed or
leased, determined at the highest and best uses permitted under the
general plan or zoning.
   (iii)  The   For   the sale or lease
of property, the  estimated value of the interest to be
conveyed or leased, determined at the use and with the conditions,
covenants, and development costs required by the sale or lease. The
purchase price or present value of the lease payments which the
lessor will be required to make during the term of the lease. If the
sale price or total rental amount is less than the fair market value
of the interest to be conveyed or leased, determined at the highest
and best use, then the city, county, or city and county shall provide
as part of the summary an explanation of the reasons for the
difference.
   (iv) An explanation of why the  sale  
acquisition, sale,  or lease of the property will assist in the
creation of economic opportunity, with reference to all supporting
facts and materials relied upon in making this explanation.
   (b) The resolution approving the  lease or sale 
 acquisition, sale, or lease  shall be adopted by a majority
vote unless the legislative body has provided by ordinance for a
two-thirds vote for that purpose and shall contain a finding that the
 sale   acquisition, sale,  or lease of
the property will assist in the creation of economic opportunity.
 The   For the sale or lease of property, the
 resolution shall also contain one of the following findings:
   (1) The consideration is not less than the fair market value at
its highest and best use.
   (2) The consideration is not less than the fair reuse value at the
use and with the covenants and conditions and development costs
authorized by the sale or lease.
   (c) The provisions of this section are an alternative to any other
authority granted by law to cities to dispose of city-owned
property.
   SEC. 4.    Section 52202 of the   Government
Code   is amended to read:
   52202.   (a)    A city, county, or city and
county may  establish a program under which it loans
  loan  funds to owners or tenants for the purpose
of rehabilitating commercial buildings or structures.  The loan
shall be in the form of a written   loan agreement that
includes a payment schedule, the terms for interest calculation, the
rights and remedies of the   parties in case of default, and
any other material terms of the loan.  
   (b) Prior to entering into a loan agreement pursuant to this
section, the city, county, or city and county shall find, after a
public hearing, that the assistance is necessary for the economic
feasibility of the development and that the assistance cannot be
obtained on economically feasible terms in the private market. 
   SEC. 5.    Section 52204 is added to the  
Government Code   , to read:  
   52204.  The determinations made by a legislative body pursuant to
this part shall be final and conclusive.  
  SECTION 1.    Section 65964.5 is added to the
Government Code, to read:
   65964.5.  (a) (1) The Legislature hereby finds and declares that
communications technology and services, particularly broadband, are
criticial the the economic success of this state in the 21st century.
Broadband can drive local and state economic growth, as well as
improve education, business services, public safety, health care, and
energy efficiency.
   (2) The Legislature finds and declares that the implementation of
consistent statewide policies to achieve timely and cost-effective
deployment of broadband is a matter of statewide concern and that
this section shall apply to charter cities and charter counties. The
provisions of this section shall supersede any inconsistent
provisions in the charter of any city, county, or city and county.
   (b) It is the intent of the Legislature that state and local
agencies not adopt ordinances, resolutions, or regulations that
create unreasonable barriers to the installation of broadband. State
and local agencies shall encourage the installation of broadband by
eliminating barriers that restrict broadband deployment.
   (c) (1) A strand-mounted antenna used for the provision of video,
voice, or data service that is attached to communications
infrastructure that were previously constructed in accordance with
state or local permitting requirements shall be exempt from
additional permitting requirements.
   (2) For the purposes of this section, "strand-mounted antenna"
means a low-powered antenna embedded in or attached to communications
cables that are part of a pole-supported overhead communications
infrascture. "Strand-mounted antenna" shall not include a commercial
mobile radio services (CMRS) antenna.