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SB-922 Surplus state property: affordable student housing.(2017-2018)

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Date Published: 04/03/2018 04:00 AM
SB922:v97#DOCUMENT

Amended  IN  Senate  April 02, 2018
Amended  IN  Senate  March 01, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill
No. 922

Introduced by Senator Nguyen

January 23, 2018

An act to add and repeal Section 11011.30 to of the Government Code, and to add Section 21080.40 to and repeal Sections 21080.40 and 21168.16 of the Public Resources Code, relating to state property.


LEGISLATIVE COUNSEL'S DIGEST


SB 922, as amended, Nguyen. Surplus state property: affordable student housing.
Existing law requires the Department of General Services to dispose of surplus state real property in a specified manner. Existing law requires the department to offer surplus state real property to a local agency and then to nonprofit affordable housing sponsors, prior to offering the property for sale to private entities or individuals, for use for open space, public parks, affordable housing projects, or development of local government-owned facilities.
The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment, or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. CEQA establishes a procedure by which a person may seek judicial review of the decision of the lead agency made pursuant to CEQA.
This bill would would, until January 1, 2029, authorize the Department of General Services to dispose of surplus state real property located within 2 miles of a campus of the University of California, California State University, or California Community Colleges by first offering the property to a local agency or nonprofit organization for the development of affordable student housing. housing, as defined. The bill would provide that ownership of the property transferred reverts back to the state if the transferee fails to commence the development of affordable student housing on the property within 2 years of the transfer. The bill would would, until January 1, 2029, exempt from the requirements of CEQA the transfer of the property and the development of affordable student housing on the property. Because a lead agency would be required to determine the applicability of this exemption, this bill would impose a state-mandated local program. The bill would require the Judicial Council, by July 1, 2019, to adopt a rule of court establishing procedures applicable to actions or proceedings seeking judicial review pursuant to CEQA of a lead agency’s action, as specified, for those affordable student housing projects. The bill would, until January 1, 2029, prohibit the court, in an action or proceeding brought alleging a violation of CEQA, from staying or enjoining the siting, construction, or operation of those affordable student housing projects, except as provided.
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.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 (a) The Legislature finds and declares all of the following:
(1) According to the California State University, one in five students attending the California State University experience chronic hunger, and one in 10 students experience homelessness or housing insecurity.
(2) Housing insecurity and hunger affect a student’s health and academic performance, and can cause a student to withdraw from class, risking his or her graduation potential.
(3) The first priority for the disposal of state surplus surplus state real property is the development of affordable student housing in California.
(b) It is the intent of the Legislature to decrease the incidence of hunger and homelessness for college students in California.

SEC. 2.

 Section 11011.30 is added to the Government Code, to read:

11011.30.
 (a) (1) Notwithstanding paragraph (2) of subdivision (b) of Section 11011.1, the Department of General Services may dispose of surplus state real property located within two miles of a campus of the University of California, California State University, or California Community Colleges by first offering the property to a local agency, as defined in Section 54221, or a nonprofit organization, for the development of affordable student housing. The Department of General Services shall dispose of surplus state real property pursuant to an offer made pursuant to this paragraph at below the fair market value of the surplus state real property.
(2) If no local agency or nonprofit organization is interested in developing the property for affordable student housing, the Department of General Services shall dispose of the property in compliance with paragraph (2) of subdivision (b) of Section 11011.1.
(b) Ownership of surplus state real property transferred pursuant to an offer made under this section shall revert back to the state if the transferee fails to commence the development of affordable student housing on the property within two years of the date of the transfer.
(c) For purposes of this section, the following definitions apply:
(1) “Affordable student housing” means student housing with rents that are below the fair market value.
(2) “Commence the development of affordable student housing” means any action undertaken by a lead agency intended to lead to a determination of whether or not the development of affordable student housing qualifies as a project for purposes of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).
(d) This section shall remain in effect only until January 1, 2029, and as of that date is repealed.

SEC. 3.

 Section 21080.40 is added to the Public Resources Code, to read:

21080.40.
 (a) This division does not apply to the transfer of property pursuant to an offer made under Section 11011.30 of the Government Code or the development of affordable student housing on the property transferred. Code.
(b) This section shall remain in effect only until January 1, 2029, and as of that date is repealed.

SEC. 4.

 Section 21168.16 is added to the Public Resources Code, to read:

21168.16.
 (a) On or before July 1, 2019, the Judicial Council shall adopt a rule of court to establish procedures applicable to actions or proceedings brought to attack, review, set aside, void, or annul the certification of the environmental impact report for an affordable student housing project built upon former surplus state real property disposed of pursuant to Section 11011.30 of the Government Code or the granting of any approvals for an affordable housing project to be built upon former surplus state real property disposed of pursuant to Section 11011.30 of the Government Code that require the actions or proceedings, including any potential appeals therefrom, be resolved, to the extent feasible, within 365 days of the lodging with the court of the certified record of proceedings.
(b) (1) Notwithstanding any other law, in granting relief in an action or proceeding brought pursuant to this division challenging an affordable student housing project built upon former surplus state real property disposed of pursuant to Section 11011.30 of the Government Code, the court shall not stay or enjoin the siting, construction, or operation of the affordable student housing project unless the court finds either of the following:
(A) The continued construction or operation of the project presents an imminent threat to public health and safety.
(B) The project site contains unforeseen important Native American artifacts or unforeseen important historical, archaeological, or ecological values that would be materially, permanently, and adversely affected by the continued construction or operation of the project unless the courts stays or enjoins the construction or operation of the project.
(2) If the court finds that subparagraph (A) or (B) of paragraph (1) is satisfied, the court shall only enjoin those specific activities associated with the project that present an imminent threat to public health and safety or that materially, permanently, and adversely affect unforeseen important Native American artifacts or unforeseen important historical, archaeological, or ecological values.
(c) This section shall remain in effect only until January 1, 2029, and as of that date is repealed.

SEC. 4.SEC. 5.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.