AB 576: State highways: excess property.
- Session Year: 2015-2016
- House: Assembly
- Latest Version Date: 2016-06-21
Existing law provides that the Department of Transportation has full possession and control of state highways and associated property. Existing law governs the disposal of excess property not needed for highway purposes upon terms, standards, and conditions established by the California Transportation Commission.
This bill, notwithstanding any other provision of law, for purposes of adding certain rental housing units to a proposed residential development project adjacent to a maintenance facility of the department, if a portion of the departments property is immediately contiguous to the development project and is not independently developable, would encourage the department to find that portion of the property to be excess and to sell that portion of the property at fair market value to the owner of the contiguous property, at the owners request, under certain conditions. The bill would require the determination of fair market value to be determined by an appraiser jointly agreed upon by the department and the contiguous property owner, based on the propertys highest and best use. The bill would specify the obligations of the purchaser of the property with respect to the type and amount of residential rental units to be constructed on the acquired property and consistency of the construction with the general plan of the jurisdiction in which the property is located. The bill would require the purchaser of the property to agree to pay for the reconstruction of any existing buildings located on the property being acquired from the department, with the cost of construction to be deducted from the fair market value of the property being acquired. The bill would require the commission to certify compliance with all of the conditions imposed by the bill before the sale of property is finalized. The bill would require the department and the commission to complete any transaction authorized by the bill by January 1, 2020.
The California Building Standards Law establishes the California Building Standards Commission and requires the commission to appoint an executive director. The law authorizes the commission to appoint advisory panels from the design professions, the building and construction industry, the affected general public, and interested governmental agencies to advise the commission and its staff.
This bill would authorize the commission to also appoint individuals from the energy and resource efficiency professions to an advisory panel. This bill would state the intent of the Legislature to enact legislation that would promote the creation of energy and resource efficient homes in California.
The California Building Standards Law establishes the California Building Standards Commission and requires the commission to appoint an executive director. The law authorizes the commission to appoint advisory panels from the design professions, the building and construction industry, the affected general public, and interested governmental agencies to advise the commission and its staff.
This bill would authorize the commission to also appoint individuals from the energy and resource efficiency professions to an advisory panel. This bill would state the intent of the Legislature to enact legislation that would promote the creation of energy and resource efficient homes in California.
(a)Notwithstanding any other provision of law, or any guidelines or regulations of the Department of Transportation, for purposes of adding both market-rate and very low income, low-income, or moderate-income rental units to a proposed residential development project adjacent to a maintenance facility of the department, if a portion of the departments property is immediately contiguous to the project and is not independently developable, the department is hereby encouraged to find that portion of the departments property to be excess and to sell that portion of the property at fair market value to the owner of the contiguous property, at the owners request, if all of the following conditions are met:
(1)A fair market value appraisal shall be prepared for the portion of property to be sold. The determination of the fair market value shall be based on the value of the property at its highest and best use. The department and the contiguous property owner shall jointly agree upon a professional, qualified appraiser to determine a fair market value for the property.
(2)The purchaser of the property shall ensure, that of the incremental residential units constructed as a result of the acquisition of the property, 25 percent of the units, or whatever percentage the inclusionary zoning ordinance of the city in which the project is located requires, shall be very low income, low-income, or moderate-income rental units, and that constructing housing units on the acquired property is consistent with the general plan of the jurisdiction in which the property is located.
(3)The purchaser of the property shall agree to pay for the reconstruction of any existing buildings located entirely or in part on the property being acquired, at a suitable location, as determined by the department, on the remaining property owned by the department. The reconstruction shall be of like kind in material and functionality. The cost of the construction shall be deducted from the fair market value of the property being acquired as determined pursuant to paragraph (1).
(b)Any sale of property pursuant to subdivision (a) shall not be finalized until the California Transportation Commission certifies that the conditions of subdivision (a) have been met.
(c)The department and the commission shall complete any transaction authorized by subdivision (a) on or before January 1, 2020.
SECTION 1.It is the intent of the Legislature to enact legislation to promote the creation of energy and resource efficient homes in California.
SEC. 2.Section 18927 of the Health and Safety Code is amended to read:18927.The commission may appoint from the design professions, the energy and resource efficiency professions, the building and construction industry, the affected general public, and interested governmental agencies, appropriate advisory panels to advise the commission and its staff with respect to building standards. The persons appointed to the panels shall be specifically knowledgeable and qualified in the type of work embraced by the building standards in question. These persons shall serve without compensation, but may receive actual necessary travel expenses.
It is the intent of the Legislature to enact legislation to promote the creation of energy and resource efficient homes in California.
SEC. 2.Section 18927 of the Health and Safety Code is amended to read:18927.The commission may appoint from the design professions, the energy and resource efficiency professions, the building and construction industry, the affected general public, and interested governmental agencies, appropriate advisory panels to advise the commission and its staff with respect to building standards. The persons appointed to the panels shall be specifically knowledgeable and qualified in the type of work embraced by the building standards in question. These persons shall serve without compensation, but may receive actual necessary travel expenses.
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Date
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Status
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| Feb 24, 2015 | Read first time. To print. |
| Feb 25, 2015 | From printer. May be heard in committee March 27. |
| Mar 9, 2015 | Referred to Com. on B. & P. |
| Apr 7, 2015 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 14. Noes 0.) (April 7). Re-referred to Com. on APPR. |
| Apr 22, 2015 | From committee: Do pass. To Consent Calendar. (Ayes 17. Noes 0.) (April 22). |
| Apr 23, 2015 | Read second time. Ordered to Consent Calendar. |
| Apr 30, 2015 | In Senate. Read first time. To Com. on RLS. for assignment. |
| Apr 30, 2015 | Read third time. Passed. Ordered to the Senate. |
| Apr 30, 2015 | Read third time. Passed. Ordered to the Senate. (Ayes 77. Noes 0. Page 1223.) |
| May 14, 2015 | Referred to Com. on T. & H. |
| May 21, 2015 | In committee: Set, first hearing. Hearing canceled at the request of author. |
| Jun 21, 2016 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on T. & H. |
| Jun 27, 2016 | In committee: Set, second hearing. Hearing canceled at the request of author. |
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Date
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Description
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Location
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Votes
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| Apr 30, 2015 | AB 576 TING Consent Calendar Second Day Regular Session | Assembly Floor |
Passed |
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| Apr 22, 2015 | Do pass. To Consent Calendar. | Assembly Standing Committee on Appropriations |
Passed |
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| Apr 7, 2015 | Do pass and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Business and Professions |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
SENATE COMMITTEE ON TRANSPORTATION AND HOUSING
Senator Jim Beall, Chair
2015 - 2016 Regular
Bill No: Hearing Date: 6/28/2016
Author: | Ting | ||
Version: | 6/21/2016 | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | Alison Dinmore | ||
SUBJECT:
DIGEST: This bill encourages Caltrans to find property with a maintenance facility to be excess and to sell that excess property at fair market value to a housing developer for the purposes of adding both market rate and very low-, low-, and moderate-income rental units if a portion of the Caltrans property is immediately contiguous to the housing project and is not independently developable, and if specified conditions are met.
ANALYSIS:
Existing law states that, whenever Caltrans determines that property acquired by the state for highway purposes is no longer necessary for those purposes, Caltrans may sell the property, subject to terms, standards, and conditions established by the California Transportation Commission (CTC).
This bill:
1) Encourages Caltrans to find property with a maintenance facility to be excess and to sell that excess property at fair market value to a housing developer for the purposes of adding both market rate and very low-, low-, and moderate-income rental units if a portion of the Caltrans property is immediately contiguous to the housing project and is not independently developable, at the owner’s request, provided the following conditions are met:
a) A fair market value appraisal is prepared for the portion of the property to be sold. The determination of the fair market value shall be based on the value of the property at its highest and best use. Caltrans and the contiguous property owner shall jointly agree upon a professional, qualified appraiser to determine a fair market value for the property.
b) The purchaser of the property shall ensure that, of the incremental residential units constructed as a result of the acquisition of the property, 25% of the units, or whatever percentage of the inclusionary zoning ordinance of the city in which the project is located requires, shall be very low-income, low-income, or moderate-income rental units, and that constructing housing units on the acquired property is consistent with the general plan of the jurisdiction in which the property is located.
c) The purchaser of the property shall agree to pay for the reconstruction of any existing buildings located entirely or in part on the property being acquired, at a suitable location as determined by Caltrans on the remaining property owned by Caltrans. The reconstruction shall be of like kind in material and functionality and the cost of the replacement shall be deducted from the fair market value of the land.
d) This sale shall not be finalized until the (CTC) has certified that the terms and conditions listed above have been met.
2) This bill also requires Caltrans and the CTC to complete any transaction on or before January 1, 2020.
COMMENTS:
- Purpose. According to the author, California is in the midst of an unprecedented housing affordability crisis caused by a severe lack of new housing construction, both market rate and affordable. In the Bay Area, there is not enough housing to keep pace with the growing economy. Facilitating more private housing development is needed to make housing more affordable for working families. Increasing the supply can help alleviate competition for the severe shortage of housing and reduce housing costs. This bill encourages Caltrans to sell a portion of a maintenance facility for the purposes of adding market rate and affordable housing to a proposed housing project if the property is next to the project, the property is not independently developable, and the sale is at market rate.
2) Excess property. Under existing law, Caltrans may determine that its property is no longer needed for state purposes and may sell the excess property, subject to terms set by the CTC. Excess land is sold at auction, either by an oral public auction or a sealed bid auction. Under certain circumstances, excess property may be offered for sale directly to adjoining property owners. It may also be offered for direct sale to public agencies if the property is to be used for a public purpose.
3) Words of encouragement. Existing law already permits Caltrans to sell its excess property. This bill encourages Caltrans to find property in excess for the purposes of selling it to a housing developer if the housing project is immediately contiguous to the project and is not independently developable. Given that Caltrans already has discretion to sell its excess property, the committee may wish to consider why a bill merely providing further “encouragement” is necessary.
4) San Francisco housing development. While this bill applies statewide, it should be noted that there is a housing developer in San Francisco that is eager to purchase land adjoining its property that is currently owned and utilized by Caltrans. The Caltrans property is not excess; in fact, there is a maintenance facility operating on it. The committee was not able to obtain further information given that the bill was gut-and-amended a week before this hearing, but understands that the housing developer has been in contact with Caltrans about this property. The committee may wish to consider the need for a statewide bill when the apparent need is for a single project.
5) Gutted and amended. This bill was gut-and-amended from a bill dealing with the Building Standards Commission on June 21, 2016.
Assembly Votes:
Floor: 77-0
Appr: 17-0
B&P: 14-0
Prior votes not relevant.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No
POSITIONS: (Communicated to the committee before noon on Wednesday,
June 22, 2016.)
SUPPORT:
None received
OPPOSITION:
None received
-- END --
AB 576
Page 2
Date of Hearing: April 22, 2015
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Jimmy Gomez, Chair
AB 576
(Ting) – As Introduced February 24, 2015
Policy Committee: |
Business and Professions |
Vote: |
14 - 0 |
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Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY:
Authorizes the California Building Standards Commission (CBSC) to appoint individuals from the energy and resource professions to join its building standards advisory panels.
FISCAL EFFECT:
Negligible fiscal impact. Advisory panel members are eligible for travel expense reimbursement.
COMMENTS:
Purpose. According to the author, this bill would codify existing practices to promote the use of energy and resource efficiency professionals on the CBSC's advisory panels to "reinforce the state's commitment to sustainable building standards…[a]s the building code evolves to account for more energy and resource efficiency measures, it is important to ensure that the CBSC is able to draw upon the knowledge and qualifications of experts in the field.”
Background. The CBSC administers California's building codes. The commission is comprised of 11 members who represent the public, building design professions, the building and construction industry, local government building officials, fire and safety officials, and labor, and must include at least one member who is experienced and knowledgeable in building energy efficiency standards and one member who is experienced and knowledgeable in sustainable building, design, construction, and operation. Six code advisory committees advise the CBSC on proposed building standards. Advisory committee members are appointed by the CBSC from the design professions, the building and construction industry, the affected general public, and interested governmental agencies.
In 2010, CBSC approved the California Green Building Standards Code (CALGREEN) with which all new buildings in California must comply. CALGREEN is the nation's first mandatory statewide green building code adopted and requires all residential and commercial developers to implement building standards such as a 20% reduction in indoor water use, compliance with energy efficiency and use of low-pollutant emitting construction and finishing materials. CALGREEN is revisited and updated every three years by the CBSC.
Prior Legislation. In 2014, an identical bill (AB 2270, Ting) was vetoed by the Governor, who argued that the commission was already required to appoint energy and resource efficiency professionals.
Analysis Prepared by: Chuck Nicol / APPR. / (916) 319-2081
AB 576
Page 3
Date of Hearing: April 7, 2015
ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS
Susan Bonilla, Chair
AB 576
(Ting) – As Introduced February 24, 2015
SUBJECT: California Building Standards Commission: advisory panels.
SUMMARY: Authorizes the California Building Standards Commission (CBSC) to appoint individuals from the energy and resource professions to join its building standards advisory panels.
EXISTING LAW
Establishes the CBSC within the Department of General Services. (Health and Safety Code (HSC) §18901)
Requires state agencies to submit adopted or proposed building standards to the CBSC for approval prior to codification. (HSC §18930)
Requires that building standards be approved by the CBSC before they are filed with the Secretary of State and codified and prohibits the standards from being published in any other title of the California Code of Regulations. (HSC §18938, §18940)
Requires that the Governor appoint the CBSC members from the public, design professions, the building and construction industry, local government building officials, fire and safety officials, and labor, including at least one member who is experienced and knowledgeable in building energy efficiency standards and one member who is experienced and knowledgeable in sustainable building, design, construction, and operation. (HSC §18921)
Authorizes the CBSC to appoint individuals from the design professions, the building and construction industry, the affected general public, and interested governmental agencies, to code advisory panels to advise the CBSC and its staff on building standards. (HSC §18927)
Requires the CBSC to solicit nominations for the plumbing, electrical mechanical and energy (PEME) and green building code advisory committees from specified energy and efficiency professions, including: environmental/energy organizations; local government water efficiency officials; environmental organization representatives; and energy/building performance specialists. (Title 24, California Code of Regulations (CCR) § 1-209)
Requires the CBSC to adopt and update green building standards. (24 CCR § 1-203)
Requires the CBSC to submit code changes to one or more code advisory committees specifically knowledgeable in the proposed building standard. (24 CCR § 1-409)
THIS BILL
Amends the California Building Standards Law to expressly include energy and resource efficiency professions as one of the professions CBSC may choose from when appointing people to its advisory panels.
States that it is the intent of the Legislature to enact legislation to promote the creation of energy and resource efficient homes in California.
FISCAL EFFECT: Unknown. This bill is keyed fiscal by the Legislative Counsel.
COMMENTS
Purpose. This bill is sponsored by the author. According to the author, this bill “authorizes the CBSC to appoint energy and resource efficiency professionals to the advisory panels or committees, which would codify existing practices to promote the use of energy and resource efficiency professionals on these panels or committees and reinforce the state's commitment to sustainable building standards.”
Further, “[a]s the building code evolves to account for more energy and resource efficiency measures, it is important to ensure that the CBSC is able to draw upon the knowledge and qualifications of experts in the field.”
Background. The California Building Standards Law establishes CBSC and the process for adopting state building standards (HSC §18901-18949.31). First, state agencies propose building standards for building types under their jurisdiction. Second, CBSC adopts, modifies, or rejects the standards. Third, CBSC publishes the updated standards in the California Building Standards Code every three years. CBSC publishes supplements in intervening years (e.g. the California Green Building Standards Code, or CALGreen).
The CBSC is made up of 11 members who represent the public, building design professions, the building and construction industry, local government building officials, fire and safety officials, and labor, and must include at least one member who is experienced and knowledgeable in building energy efficiency standards and one member who is experienced and knowledgeable in sustainable building, design, construction, and operation.
Advisory Panels. The statute authorizes CBSC to appoint an advisory panel to advise CBSC and its staff on building standards. It permits CBSC to appoint people from the design professions, the building and construction industry, the affected general public, and interested governmental agencies. Panel appointees must be knowledgeable and qualified in the type of work relevant to the building standards in question.
While the statute does not discuss the composition of the advisory panels, its regulations do. The State Building Standards Code requires CBSC to establish six types of standing code advisory committees: (1) accessibility; (2) PEME; (3) building, fire, and other regulations; (4) structural design/lateral forces; (5) health facilities; and (6) green building (24 CCR § 1-209). For PEME and green building, CBSC must solicit nominations for voting members from energy and resource efficiency professions, such as environmental organizations.
Differences between current law and this bill. While the current building standards statute (HSC § 18927) does not specifically include energy and resource efficiency professions as one of the professions CBSC may choose from for its advisory panels, the current building standards regulations (24 CCR § 1-209) require CBSC to choose from at least three professions specific to energy and resource efficiency.
This bill would amend the HSC to include the energy and resource efficiency professions in general as a group CBSC may choose from.
Prior legislation. AB 2270 (Ting) of 2014 would have authorized the CBSC to appoint individuals from the energy and resource efficiency professions to appropriate advisory panels that advise the CBSC and its staff with respect to building standards. (STATUS: vetoed by Governor Brown because the CBSC already appoints energy and resource professionals to the panels)
AB 930 (Gordon), Chapter 399, Statutes of 2011, required that at least one member of CBSC be a person who is experienced and knowledgeable in sustainable building, design, construction, and operation.
AB 1058 (Laird) of 2007 would have required the Department of Housing and Community Development and ultimately the CBSC to adopt best practices and building standards related to green building, and would have required the advisory panels to also advise the CBSC with respect to green building standards. (STATUS: This bill was vetoed by Governor Schwarzenegger because the bill conflicted with the safety standards of the time and he believed the standards should be left to the regulatory process)
REGISTERED SUPPORT / OPPOSITION:
Support
None on file.
Opposition
None on file.
Analysis Prepared by: Vincent Chee / B. & P. / (916) 319-3301
Bill Author
Bill Co-Author(s):