BILL ANALYSIS Ó AB 2697 Page 1 Date of Hearing: May 11, 2016 ASSEMBLY COMMITTEE ON APPROPRIATIONS Lorena Gonzalez, Chair AB 2697 (Bonilla) - As Amended April 14, 2016 ----------------------------------------------------------------- |Policy |Housing and Community |Vote:|6 - 1 | |Committee: |Development | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | |Local Government | |6 - 3 | | | | | | | | | | | ----------------------------------------------------------------- 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 AB 2697 Page 2 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. AB 2697 Page 3 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." AB 2697 Page 4 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. AB 2697 Page 5 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 AB 2697 Page 6