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SB-791 California Surplus Land Unit.(2021-2022)



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SB791:v91#DOCUMENT

Senate Bill No. 791
CHAPTER 366

An act to add Part 17 (commencing with Section 54900) to Division 31 of the Health and Safety Code, relating to land use.

[ Approved by Governor  September 28, 2021. Filed with Secretary of State  September 28, 2021. ]

LEGISLATIVE COUNSEL'S DIGEST


SB 791, Cortese. California Surplus Land Unit.
Existing law establishes the California Housing Finance Agency within the Department of Housing and Community Development, with the primary purpose of meeting the housing needs of persons and families of low or moderate income.
Existing law prescribes requirements for the disposal of surplus land by a local agency. Existing law defines “surplus land” for these purposes to mean land owned in fee simple by any local agency for which the local agency’s governing body takes formal action in a regular public meeting declaring that the land is surplus and is not necessary for the agency’s use.
Existing law authorizes the governing board of any school district to sell or lease, for a term not exceeding 99 years, any real property belonging to the school district which is not or will not be needed by the district for school classroom buildings at the time of delivery of title or possession.
This bill would, upon appropriation by the Legislature, establish the California Surplus Land Unit within the Department of Housing and Community Development with the primary purpose of facilitating the development and construction of residential housing on local surplus land, as defined. In this regard, the bill would authorize the unit to, among other things, facilitate agreements between housing developers and local agencies that seek to dispose of surplus land; provide advice, technical assistance, and consultative and technical service to local agencies with surplus land and developers that seek to develop housing on the surplus land; and collaborate with specified state agencies to assist housing developers and local agencies with obtaining grants, loans, tax credits, credit enhancements, and other types of financing that facilitate the construction of housing on surplus land.
The bill would require the unit to, by December 31 of each year, submit an annual report of its activities under these provisions for the preceding year to the Governor, the Secretary of Business, Consumer Services, and Housing, the Director of Housing and Community Development, the Treasurer, the Joint Legislative Budget Committee, the Legislative Analyst, and the Legislature, as specified.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Part 17 (commencing with Section 54900) is added to Division 31 of the Health and Safety Code, to read:

PART 17. California Surplus Land Unit

CHAPTER  1. General Provisions

54900.
 For purposes of this part:
(a) “Local agency” means a city, whether organized under general law or by charter, county, city and county, district, including school, sewer, water, utility, and local and regional park districts of any kind or class, joint powers authority, successor agency to a former redevelopment agency, housing authority, or other political subdivision of this state and any instrumentality thereof that is empowered to acquire and hold real property.
(b) “Surplus land” shall mean both of the following:
(1) Land declared surplus by a local agency pursuant to Article 8 (commencing with Section 54220) of Chapter 5 of Part 1 of Division 2 of Title 5 of the Government Code.
(2) Land declared surplus by a school district pursuant to Article 4 (commencing with Section 17455) of Chapter 4 of Part 10.5 of Division 1 of Title 1 of the Education Code.
(c) “Unit” means the California Surplus Land Unit established pursuant to Section 54901.

54901.
 The California Surplus Land Unit is hereby created within the Department of Housing and Community Development.

54902.
 Implementation of this part shall be subject to an appropriation of funds by the Legislature for purposes of establishing and funding the activities of the unit.

CHAPTER  2. Unit Duties and Powers

54910.
 The primary purpose of the unit is to facilitate the development and construction of residential housing on local surplus land. In furtherance of this purpose, the unit may do any of the following:
(a) Facilitate agreements between housing developers and local agencies that seek to dispose of surplus land.
(b) Provide advice, technical assistance, and consultative and technical service to local agencies with surplus land and developers that seek to develop housing on the surplus land.
(c) Collaborate with the California Housing Finance Agency, the California Tax Credit Allocation Committee, the California Debt Limit Allocation Committee, and any other relevant state agency to assist housing developers and local agencies with obtaining grants, loans, tax credits, credit enhancements, and other types of financing that facilitate the construction of housing on surplus land.
(d) Provide technical assistance to developers and local agencies regarding available funding and financing instruments.
(e) Collect and compile data on housing production on local surplus land.

54911.
 This part shall not relieve a local agency or a housing developer from complying with any disposal requirements
or conditions applicable to disposal of government owned property, including any of the following:
(a) Article 8 (commencing with Section 54220) of Chapter 5 of Part 1 of Division 2 of Title 5 of the Government Code.
(b) Sections 11011 to 11011.29, inclusive, of the Government Code.
(c) Article 4 (commencing with Section 17455) of Chapter 4 of Part 10.5 of Division 1 of Title 1 of the Education Code.

54912.
 The unit may adopt, and from time to time amend and repeal, rules or regulations, not inconsistent with this part, to carry into effect the powers and purposes of the unit and the conduct of its business. If the unit acts by rule or regulation, the rule or regulation shall be adopted, amended, repealed, and published in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.

54913.
 (a) (1) The unit shall, by December 31 of each year, submit an annual report, in accordance with Section 9795 of the Government Code, of its activities under this part for the preceding year to the Governor, the Secretary of Business, Consumer Services, and Housing, the Director of Housing and Community Development, the Treasurer, the Joint Legislative Budget Committee, the Legislative Analyst, and the Legislature. The report shall set forth a complete operating and financial statement of the unit during the concluded fiscal year.
(2) The report shall specify all of the following information:
(A) The number of housing units assisted.
(B) The distribution of assisted housing units among the metropolitan, nonmetropolitan, and rural areas of the state.
(C) The affordability levels of assisted rental and for-sale units, both in aggregate and at the individual project level.
(D) Demographic information for the households occupying assisted housing units, both in aggregate and at the individual project level.
(E) A breakdown of state, local, and other funding sources for each assisted housing development.
(b) The report shall also include an evaluation of the extent to which the programs administered by the unit have attained its statutory objectives and recommendations for additional resources or authority, or both, that the Legislature could provide to enhance the efforts of the unit.