Amended in Assembly March 28, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 2135

Introduced by Assembly Member Ting

February 20, 2014

An act to amend begin delete Section 65913 end delete begin insert Sections 54221, 54223, 54225, 54226, and 54227 end insert of the Government Code, relating to begin delete housing. end delete begin insert surplus property. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 2135, as amended, Ting. begin delete Affordable end delete begin insert Local agencies: surplus land: affordable end insert housing.

begin insert

(1) Existing law prescribes requirements for the disposal of surplus land by local agencies. Existing law defines surplus land for these purposes and excepts from that definition land within 1,000 yards of property that has been listed on, or determined to be eligible for, the National Register of Historic Places. Existing law requires an agency disposing of surplus land to negotiate in good faith with an entity providing notice that it desires to purchase or lease the land and, if price or terms cannot be agreed upon within a period of not less than 60 days, the agency may dispose of the land without fulfilling further requirements, as specified. Existing law authorizes a local agency selling surplus property for specified purposes, including for low-and moderate-income housing, to provide for a payment period of up to 20 years in a sales contract or trust deed. Existing law requires a local agency disposing of surplus land to give first priority in a purchase or lease to an entity agreeing to use the site for housing for persons of low or moderate income, except as specified. Existing law specifies that these and other related provisions are not to be interpreted to empower a local agency to sell or lease surplus land at less than fair market value.

end insert begin insert

This bill would bring land within 1,000 yards of property that is listed on, or eligible, for the National Register of Historic Places within the definition of surplus land by deleting the exception described above. The bill would increase the minimum time that an agency disposing of surplus land is required to conduct negotiations from 60 to 90 days. The bill would require, if the disposed land is to be used for residential development, that the sales contract or lease agreement provide that not less than 25% of the units in the development have rents or sale prices that are affordable for persons and families of low or moderate income. The bill would permit the payment period for surplus land sold for low-and moderate-income housing purposes to exceed 20 years, subject to limits related to land use requirements for low-or moderate-income housing. The bill would revise the priority given to an entity proposing to use the site for low- and moderate-income housing to require that the entity agree that 100% of the site be used for low-and moderate-income housing. The bill would delete the statement that these provisions are not to be interpreted to empower a local agency to sell or lease surplus land at less than fair market value. By increasing the duties of local officials in connection with sales and leases of surplus land, this bill would impose a state-mandated local program.

end insert begin insert

(2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

end insert begin insert

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

end insert begin delete

Existing law requires the legislative body of each county and city to adopt a comprehensive, long-term general plan for the physical development of the county or city and requires that the plan include a land use element that addresses housing. Existing law states legislative findings and declarations regarding the need for affordable housing in connection with local authority to approve housing developments.

end delete begin delete

This bill would make nonsubstantive changes in the legislative findings and declarations regarding affordable housing, as described above.

end delete

Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program:  begin delete no end delete begin insert yes end insert .

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 54221 of the end insert begin insert Government Code end insert begin insert is
amended to read: end insert

54221.  

(a) As used in this article, the term “local agency”
means every city, whether organized under general law or by
charter, county, city and county, and district, including
begin insert transportation districts and end insert school districts of any kind or class,
empowered to acquire and hold real property.

(b) As used in this article, the term “surplus land” means land
owned by any local agency, that is determined to be no longer
necessary for the agency’s use, except property being held by the
agency for the purpose of exchange.

(c) As used in this article, the term “open-space purposes” means
the use of land for public recreation, enjoyment of scenic beauty,
or conservation or use of natural resources.

(d) As used in this article, the term “persons and families of low
or moderate income” means the same as provided under Section
50093 of the Health and Safety Code.

(e) As used in this article, the term “exempt surplus land” means
either of the following:

(1) Surplus land that is transferred pursuant to Section 25539.4.

(2) Surplus land that is (A) less than 5,000 square feet in area,
(B) less than the minimum legal residential building lot size for
the jurisdiction in which the parcel is located, or 5,000 square feet
in area, whichever is less, or (C) has no record access and is less
than 10,000 square feet in area; and is not contiguous to land owned
by a state or local agency that is used for park, recreational,
open-space, or low- and moderate-income housing purposes and
is located neither within an enterprise zone pursuant to Section
7073 nor a designated program area as defined in Section 7082.
If the surplus land is not sold to an owner of contiguous land, it is
not considered exempt surplus land and is subject to this article.

(f) Notwithstanding subdivision (e), the following properties
are not considered exempt surplus land and are subject to this
article:

(1) Lands within the coastal zone.

(2) Lands within 1,000 yards of a historical unit of the State
Parks System.

begin delete

(3) Lands within 1,000 yards of any property that has been listed
on, or determined by the State Office of Historic Preservation to
be eligible for, the National Register of Historic Places.

end delete begin delete

(4)

end delete

begin insert (3) end insert  Lands within the Lake Tahoe region as defined in Section
66905.5.

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 54223 of the end insert begin insert Government Code end insert begin insert is amended to
read: end insert

54223.  

After the disposing agency has received notice from
the entity desiring to purchase or lease the land, the disposing
agency and the entity shall enter into good faith negotiations to
determine a mutually satisfactory sales price or lease terms. If the
price or terms cannot be agreed upon after a good faith negotiation
period of not less than begin delete 60 end delete begin insert 90 end insert days, the land may be disposed of
without further regard to this article. begin insert If the disposed land is to be
used for residential development, the sales contract or lease
agreement shall provide that not less than 25 percent of the total
number of units in the development have rents or sale prices that
are affordable for persons and families of low or moderate income. end insert

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 54225 of the end insert begin insert Government Code end insert begin insert is amended to
read: end insert

54225.  

Any public agency selling surplus land to an entity
described in Section 54222 for park or recreation purposes, for
open-space purposes, for school purposes, or for low- and
moderate- income housing purposes may provide for a payment
period of up to 20 years in any contract of sale or sale by trust deed
begin delete of such end delete begin insert for the end insert land. begin insert The payment period for surplus land sold for
housing for person and families of low and moderate income may
exceed 20 years, but the payment period shall not exceed the term
that the land is required to be used for low end insert begin insert -or moderate end insert begin insert -income
housing. end insert

begin insert

begin insert SEC. 4. end insert   

end insert

begin insert Section 54226 of the end insert begin insert Government Code end insert begin insert is amended to
read: end insert

54226.  

Nothing in this article shall be interpreted to limit the
power of any local agency to sell or lease surplus land at fair market
value or at less than fair market value begin delete , and nothing in this article
shall be interpreted to empower any local agency to sell or lease
surplus land at less than fair market value end delete . No provision of this
article shall be applied when it conflicts with any other provision
of statutory law.

begin insert

begin insert SEC. 5. end insert   

end insert

begin insert Section 54227 of the end insert begin insert Government Code end insert begin insert is amended to
read: end insert

54227.  

In the event that any local agency disposing of surplus
land receives offers for the purchase or lease of that land from
more than one of the entities to which notice and an opportunity
to purchase or lease shall be given pursuant to this article, the local
agency shall give first priority to the entity that agrees to use the
site for housing begin insert for which 100 percent of the units are to have rents
or sale prices that are affordable end insert for persons and families of low
or moderate income, except that first priority shall be given to an
entity that agrees to use the site for park or recreational purposes
if the land being offered is already being used and will continue
to be used for park or recreational purposes, or if the land is
designated for park and recreational use in the local general plan
and will be developed for that purpose.

begin insert

begin insert SEC. 6. end insert   

end insert begin insert

If the Commission on State Mandates determines that
this act contains costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division
4 of Title 2 of the Government Code.

end insert

begin delete

SECTION 1.  

Section 65913 of the Government Code is
amended to read:

65913.  

(a) The Legislature finds and declares that a severe
shortage of affordable housing exists, especially for persons and
families of low and moderate income, and that an immediate need
exists to encourage the development of new housing, not only
through the provision of financial assistance, but also through
changes in law designed to do all of the following:

(1) Expedite the local and state residential development process.

(2) Assure that local governments zone sufficient land at
densities high enough for production of affordable housing.

(3) Assure that local governments make a diligent effort through
the administration of land use and development controls and the
provision of regulatory concessions and incentives to significantly
reduce housing development costs and thereby facilitate the
development of affordable housing, including housing for elderly
persons and families, as defined by Section 50067 of the Health
and Safety Code.

These changes in the law are consistent with the responsibility
of local government to adopt the program required by subdivision
(c) of Section 65583.

(b) The Legislature further finds and declares that the costs of
new housing developments have been increased, in part, by the
existing permit process and by existing land use regulations and
that vitally needed housing developments have been halted or
rendered infeasible despite the benefits to the public health, safety,
and welfare of those developments and despite the absence of
adverse environmental impacts. It is, therefore, necessary to enact
this chapter and to amend existing statutes which govern housing
development so as to provide greater encouragement for local and
state governments to approve needed and sound housing
developments.

end delete

begin delete

  

 

end delete