BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 2697


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          Date of Hearing:  May 11, 2016


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                               Lorena Gonzalez, Chair


          AB  
          2697 (Bonilla) - As Amended April 14, 2016


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          |Policy       |Housing and Community          |Vote:|6 - 1        |
          |Committee:   |Development                    |     |             |
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          |             |Local Government               |     |6 - 3        |
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          Urgency:  No  State Mandated Local Program:  YesReimbursable:   
          Yes


          SUMMARY:  This bill requires successor agencies to create a  
          first right of refusal process for the disposal of land for the  
          purpose of developing low- and moderate- income housing.  
          Specifically, this bill:  


          1)Requires the successor agency to a former redevelopment agency  
            to send to any "local public entity," within whose  
            jurisdictions the land is located, a written offer to sell  
            land belonging to the former redevelopment agency for the  








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            purpose of developing the land into low- and moderate-income  
            housing.  


          2)Requires the successor agency to send "housing sponsors," upon  
            written request, a written offer to sell land for the purpose  
            of developing low- and moderate-income housing. 


          3)Requires priority to be given to offers to purchase the land  
            by entities that agree to development affordable housing for  
            lower-income households. 


          4)Requires preference to be given to an entity that proposes to  
            make at least 25% of the units affordable, by sale or rent, to  
            lower-income households and that agrees to record an  
            affordability covenant restricting the property for a period  
            of at least 55 years.


          5)Provides that if the successor agency receives more than one  
            offer for the land that priority be given to the entity that  
            proposes the greatest number of units at the highest level of  
            affordability.    


          6)Provides that if land is not sold to an entity that agrees to  
            include affordable housing on site but is sold for a  
            residential use that includes at least 10 units, then at least  
            15% of the units must be provided at an affordable housing  
            cost to low-income households.  Rental units must remain  
            affordable and occupied by eligible households for 55 years.   
            Ownership units must be subject to an equity sharing  
            agreement.  These requirements must be recorded against the  
            property and are enforceable by the local government or  
            eligible residents.  










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          FISCAL EFFECT:


          1)Significant cost pressure to increase funding for Successor  
            Agencies for increased workload associated with sending the  
            written offers to sell and evaluating offers pertaining to  
            affordability requirements. Successor Agency budgets are  
            capped at $250,000 annually and are paid for by other taxing  
            entities, including schools.


          2)Unknown, but potentially reimbursable local mandate costs to  
            the extent cities and counties would need to rezone land or  
            perform other duties regarding the deviations from approved  
            Property Management Plans this bill may cause.


          3)Unknown forgone property tax revenue as a result of rezoning  
            land approved for commercial use in an agency's Property  
            Management Plan to residential land for affordable housing.  
            The State General Fund would cover the school share.


          COMMENTS:


          1)Purpose. Affordable housing developers are at a special  
            disadvantage because they cannot compete with market  
            developers when it comes to buying land.  Land is one of the  
            most costly parts of a project, especially in California. This  
            bill will allow affordable housing developers to have first  
            right of refusal to purchase any properties currently in  
            possession of redevelopment successor agencies.  This small  
            step will give these developers a leg up in the process to  
            locate and acquire properties on which to build affordable  
            housing."











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            This would require successor agencies to adhere to some  
            provisions of the State Surplus Land Act, including offering  
            affordable housing developers the right of first refusal and  
            if the land is purchased for market rate residential  
            development, require 15% of the units to be low income. 





          2)Background. Local agencies are required to inventory the land  
            they own every year.  If land is no longer needed, a local  
            agency must follow certain procedures prior to disposal of  
            this "surplus" land.  The intent behind the disposal  
            procedures is to promote the use of surplus land towards  
            affordable housing, parks and recreation purposes, open-space  
            purposes, and transit-oriented development.  The disposal  
            procedures provide a Right of First Refusal to entities  
            agreeing to use the land for, amongst other things, affordable  
            housing.
            As part of the dissolution of redevelopment, successor  
            agencies were created to dispose of the redevelopment agencies  
            assets and wind down their affairs.  The activities of  
            successor agencies are overseen by oversight boards made up of  
            representatives of the local taxing entities and others. Part  
            of the function of the successor agencies is to transfer the  
            housing assets of a former redevelopment agency to the housing  
            successor which was either the local housing authority or the  
            city or county in which the redevelopment agency was located.   
            Housing assets transferred to the housing successor entity  
            were to be used for affordable housing activities, while  
            disallowed assets would go to the successor agency for  
            disposal or retention pursuant to an approved property  
            management plan.  













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          3)Interaction with Property Management Plans. This bill would  
            require a successor agency to notify a local agency, including  
            a housing authority, and housing developers that they are  
            selling property previously owned by the redevelopment agency.  
            The sale of the properties would be subject to the same  
            process as state surplus property.  This bill requires  
            successor agencies to offer all available parcels to  
            affordable housing interests. It is unclear what would be  
            required of local agencies if this is in conflict with the  
            approved use under an approved Property Management Plan.
          


          4)Arguments in Support.  Supporters argue that this bill will  
            allow successor agencies to utilize their remaining property  
            as was intended and help to develop a significant amount of  
            affordable homes.


          5)Arguments in Opposition.  Opponents argue that "imposing new  
            procedural and substantive requirements for the disposition of  
            former RDA properties at this time would no doubt complicate  
            and delay the wind down process.  Additionally, it would work  
            to the disadvantage of the local taxing entities which have an  
            interest in obtaining maximum value for the properties to be  
            sold and or get the benefit of increased valuations from the  
            properties that are to be used for economic development."


          


          Analysis Prepared by:Jennifer Swenson / APPR. / (916)  
          319-2081













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