Bill Text


PDF |Add To My Favorites |Track Bill | print page

AB-1732 Redevelopment: successor agencies: asset disposal: City of Manteca.(2019-2020)

SHARE THIS:share this bill in Facebookshare this bill in Twitter
Date Published: 09/12/2019 09:00 PM
AB1732:v94#DOCUMENT

Enrolled  September 12, 2019
Passed  IN  Senate  September 05, 2019
Passed  IN  Assembly  September 09, 2019
Amended  IN  Senate  May 29, 2019
Amended  IN  Assembly  April 23, 2019
Amended  IN  Assembly  April 11, 2019
Amended  IN  Assembly  March 25, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 1732


Introduced by Assembly Member Flora

February 22, 2019


An act to add Section 34177.9 to the Health and Safety Code, relating to redevelopment.


LEGISLATIVE COUNSEL'S DIGEST


AB 1732, Flora. Redevelopment: successor agencies: asset disposal: City of Manteca.
Existing law dissolved redevelopment agencies and community development agencies as of February 1, 2012, and provides for the designation of successor agencies to wind down the affairs of the dissolved redevelopment agencies and to, among other things, dispose of assets and properties of the former redevelopment agency as directed by the oversight board of the successor agency. Existing law requires a successor agency to dispose of specified assets and properties of the former redevelopment expeditiously and in a manner aimed at maximizing value.
This bill would authorize the successor agency to the Redevelopment Agency of the City of Manteca to dispose of assets previously used as Qualex Incorporated, as defined, to a nonprofit organization that provides resources to homeless and low-income individuals, provided that the agency requires that the property be used for those purposes. If that property ceases to be used for these purposes, the bill would require that the property revert to the successor agency or, if the successor agency has ceased to exist, the City of Manteca. The bill would then require the successor agency or the City of Manteca, as applicable, sell the property at its fair market value and distribute the proceeds from the sale to each affected taxing entity on a pro rata basis. The bill would make legislative findings and declarations regarding the public purpose served by the bill.
This bill would make legislative findings and declarations as to the necessity of a special statute for the successor agency to the Redevelopment Agency of the City of Manteca.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 Section 34177.9 is added to the Health and Safety Code, to read:

34177.9.
 (a) Notwithstanding subdivision (e) of Section 34177, subdivision (f) of Section 34180, and subdivision (a) of Section 34181, the successor agency to the Redevelopment Agency of the City of Manteca may dispose of assets previously used as Qualex Incorporated for an amount less than fair market value provided that the agency requires that the property be used to provide resources to homeless and low-income individuals.
(b) (1) If the property described in subdivision (a) that is sold at less than fair market value pursuant to this section ceases to be used for the purposes specified in subdivision (a), then the property shall revert to the successor agency or, if the successor agency has been dissolved pursuant to Section 34187 or has otherwise ceased to exist, the City of Manteca.
(2) Notwithstanding any other law, if the property described in subdivision (a) reverts to the successor agency or the City of Manteca pursuant to paragraph (1), the successor agency or the City of Manteca, as applicable, shall sell that property at its fair market value and distribute the proceeds of the sale to each affected taxing entity on a pro rata basis.
(c) For purposes of this section:
(1) “Assets previously used as Qualex Incorporated” means the property located at 555 Industrial Park Drive in the City of Manteca.
(2) “Dispose of” means to transfer or sell the property described in paragraph (1) to a nonprofit organization that provides resources to homeless and low-income individuals.

SEC. 2.

 The Legislature finds and declares that the addition of Section 34177.9 to the Health and Safety Code by this act serves the public purpose of encouraging the provision of resources for homeless and low-income individuals, and does not constitute a gift of public funds within the meaning of Section 6 of Article XVI of the California Constitution.

SEC. 3.

 The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique need of the Successor Agency to the Redevelopment Agency of the City of Manteca to ensure that the assets of the former redevelopment agency are disposed of in a way that provides the maximum benefit to the community.