AB 512: State highways: relinquishment: infrastructural barriers.
- Session Year: 2021-2022
- House: Assembly
- Latest Version Date: 2022-09-30
Existing law vests the Department of Transportation with full possession and control of all state highways. Existing law describes the authorized routes in the state highway system and establishes a process for adoption of a highway on an authorized route by the California Transportation Commission. Existing law also provides for the commission to relinquish to local agencies state highway segments that have been deleted from the state highway system by legislative enactment or have been superseded by relocation, and in certain other cases.
This bill would authorize the commission to relinquish a portion of a state highway that constitutes an infrastructural barrier, as defined, to a county or city, if the department and the applicable county or city have entered into an agreement providing for the relinquishment of the portion of the state highway. The bill would prohibit a relinquishment under this provision unless certain conditions are met, including, among others, that the commission determines the relinquishment is in the best interest of the state, the purposes of the relinquishment are restorative economic and social justice, the infrastructural barrier is removed or retrofit in a manner that enhances community connectivity, and the city or county determines that the construction of the infrastructural barrier had a significant impact on a disadvantaged community, as specified.
Existing law vests the Department of Transportation with full possession and control of all state highways. Existing law describes the authorized routes in the state highway system and establishes a process for adoption of a highway on an authorized route by the California Transportation Commission. Existing law also provides for the commission to relinquish to local agencies state highway segments that have been deleted from the state highway system by legislative enactment or have been superseded by relocation, and in certain other cases.
This bill would authorize the commission to relinquish a portion of a state highway that constitutes an infrastructural barrier, as defined, to a county or city, if the department and the applicable county or city have entered into an agreement providing for the relinquishment of the portion of the state highway. The bill would prohibit a relinquishment under this provision unless certain conditions are met, including, among others, that the commission determines the relinquishment is in the best interest of the state, the purposes of the relinquishment are restorative economic and social justice, the infrastructural barrier is removed or retrofit in a manner that enhances community connectivity, and the city or county determines that the construction of the infrastructural barrier had a significant impact on a disadvantaged community, as specified.
Existing law vests the Department of Transportation with full possession and control of all state highways. Existing law describes the authorized routes in the state highway system and establishes a process for adoption of a highway on an authorized route by the California Transportation Commission. Existing law also provides for the commission to relinquish to local agencies state highway segments that have been deleted from the state highway system by legislative enactment or have been superseded by relocation, and in certain other cases.
This bill would authorize the commission to relinquish a portion of a state highway that contains constitutes an infrastructural barrier, as defined, to a county or city, if the department and the applicable county or city have entered into an agreement providing for the relinquishment of the portion of the state highway. The bill would prohibit a relinquishment under this provision unless certain conditions are met, including, among others, that the commission determines the relinquishment is in the best interest of the state, the purposes of the relinquishment are restorative economic and social justice, the infrastructural barrier is removed or retrofit in a manner that enhances community connectivity, and the city or county determines that the construction of the infrastructural barrier had a significant impact on a disadvantaged community, as specified.
Existing law vests the Department of Transportation with full possession and control of all state highways. Existing law describes the authorized routes in the state highway system and establishes a process for adoption of a highway on an authorized route by the California Transportation Commission. Existing law also provides for the commission to relinquish to local agencies state highway segments that have been deleted from the state highway system by legislative enactment or have been superseded by relocation, and in certain other cases.
This bill would authorize the commission to relinquish a portion of a state highway that contains an infrastructural barrier, as defined, to a county or city, if the department and the applicable county or city have entered into an agreement providing for the relinquishment of the portion of the state highway. The bill would prohibit a relinquishment under this provision unless certain conditions are met, including, among others, that the commission determines the relinquishment is in the best interest of the state, the purposes of the relinquishment are restorative economic and social justice, the infrastructural barrier is removed or retrofit in a manner that enhances community connectivity, and the city or county determines that the construction of the infrastructural barrier had a significant impact on a disadvantaged community, as specified.
Existing law establishes priorities and procedures that any state agency disposing of surplus residential property is required to follow. This bill would, with certain exceptions, require the Department of Transportation, prior to selling specified unimproved properties in the City of Los Angeles, City of Pasadena, and City of South Pasadena, to offer to sell those properties at the original acquisition price paid by the department to a housing-related entity for affordable housing purposes, as provided. The bill would specify that it is the intent of the Legislature to promote the use of skilled and trained labor for these types of potential affordable housing projects.Existing law describes the authorized routes in the state highway system and establishes a process for adoption of a highway on an authorized route by the California Transportation Commission. Existing law authorizes the commission to relinquish to the City of Pasadena the specified portions of Route 710 within its city limits, upon terms and conditions the commission finds to be in the best interests of the state, if the department and the city enter into an agreement providing for that relinquishment.This bill would revise the portion of Route 710 that the commission may relinquish to the City of Pasadena under that provision and would authorize that portion of Route 710 to be relinquished for nontransportation purposes if certain conditions are met. This bill would make legislative findings and declarations as to the necessity of a special statute for the sale of surplus unimproved property located in the City of Los Angeles, the City of Pasadena, and the City of South Pasadena.Existing law establishes priorities and procedures that any state agency disposing of surplus residential property is required to follow.
This bill would, with certain exceptions, require the Department of Transportation, prior to selling specified unimproved properties in the City of Los Angeles, City of Pasadena, and City of South Pasadena, to offer to sell those properties at the original acquisition price paid by the department to a housing-related entity for affordable housing purposes, as provided. The bill would specify that it is the intent of the Legislature to promote the use of skilled and trained labor for these types of potential affordable housing projects.
Existing law describes the authorized routes in the state highway system and establishes a process for adoption of a highway on an authorized route by the California Transportation Commission. Existing law authorizes the commission to relinquish to the City of Pasadena the specified portions of Route 710 within its city limits, upon terms and conditions the commission finds to be in the best interests of the state, if the department and the city enter into an agreement providing for that relinquishment.
This bill would revise the portion of Route 710 that the commission may relinquish to the City of Pasadena under that provision and would authorize that portion of Route 710 to be relinquished for nontransportation purposes if certain conditions are met.
This bill would make legislative findings and declarations as to the necessity of a special statute for the sale of surplus unimproved property located in the City of Los Angeles, the City of Pasadena, and the City of South Pasadena.
Existing law establishes priorities and procedures that any state agency disposing of surplus residential property is required to follow.
This bill would, with certain exceptions, require the Department of Transportation, prior to selling specified unimproved properties in the City of Los Angeles, City of Pasadena, and City of South Pasadena, to offer to sell those properties at the original acquisition price paid by the department to a housing-related entity for affordable housing purposes, as provided. The bill would specify that it is the intent of the Legislature to apply a promote the use of skilled and trained workforce requirement on labor for these types of potential affordable housing projects.
This bill would make legislative findings and declarations as to the necessity of a special statute for the sale of surplus unimproved property located in the City of Los Angeles, the City of Pasadena, and the City of South Pasadena.
Existing law establishes priorities and procedures that any state agency disposing of surplus residential property is required to follow.
This bill would, with certain exceptions, require the Department of Transportation, prior to selling specified unimproved properties in the City of Los Angeles, City of Pasadena, and City of South Pasadena, to offer to sell those properties at the original acquisition price paid by the department to a housing-related entity for affordable housing purposes, as provided. The bill would specify that it is the intent of the Legislature to apply a skilled and trained workforce requirement on potential affordable housing projects.
This bill would make legislative findings and declarations as to the necessity of a special statute for the sale of surplus unimproved property located in the City of Los Angeles, the City of Pasadena, and the City of South Pasadena.
Existing law establishes priorities and procedures that any state agency disposing of surplus residential property is required to follow.
This bill would would, with certain exceptions, require the Department of Transportation to offer to sell Transportation, prior to selling specified unimproved properties in the City of Los Angeles, City of Pasadena, and City of South Pasadena Pasadena, to offer to sell those properties at the original acquisition price paid by the department to a housing-related entity for affordable housing purposes, as provided.
This bill would make legislative findings and declarations as to the necessity of a special statute for the sale of surplus unimproved property located in the City of Los Angeles, the City of Pasadena, and the City of South Pasadena.
Existing law establishes priorities and procedures that any state agency disposing of surplus residential property is required to follow.
This bill would require the Department of Transportation to offer to sell specified unimproved properties in the City of Los Angeles, City of Pasadena, and City of South Pasadena at the original acquisition price paid by the department to a housing-related entity for affordable housing purposes, as provided.
This bill would make legislative findings and declarations as to the necessity of a special statute for the sale of surplus unimproved property located in the City of Los Angeles, the City of Pasadena, and the City of South Pasadena.
The Legislature finds and declares all of the following:
(a)Section 54235 of the Government Code affirms that highway and other state activities have contributed to the severe shortage of [low- and moderate-income] housing and states that the Legislature intends to preserve, upgrade and expand housing for low- and moderate-income people in the state.
(b)Housing options should be made available to low- and moderate- income households.
(c)Due to the unjust, racist, and destructive nature of the some of the actions taken by the state to construct many portions of the state highway system, the state should provide a unique relinquishment solution to repair communities damaged from the construction of freeways and other facilities on the state highway system.
SEC. 2.Section 73.4 is added to the Streets and Highways Code, to read:73.4.(a)For purposes of this section, infrastructural barrier means a state highway for which high speeds, grade separation, or other design factors displaced residences or create an obstacle to connectivity, including any of the following:
(1)Obstacles to walking, biking, or mobility.
(2)Diminished access to destinations across the infrastructural barrier.
(3)Barriers to the economic development of the surrounding neighborhood.
(b)In addition to relinquishments pursuant to Section 73, the commission may also, for relinquishments initiated under this section on or after January 1, 2023, relinquish a portion of a state highway that constitutes an infrastructural barrier to a county or city if the department and the applicable county or city have entered into an agreement providing for the relinquishment of the portion of the state highway.
(c)A relinquishment pursuant to subdivision (b) may only occur if all of the following conditions are met:
(1)The portion of the state highway is located within the territorial limits of the city or county entering into the agreement.
(2)The commission determines the relinquishment is in the best interest of the state.
(3)The commission holds a public hearing on the proposed relinquishment to solicit input from the public.
(4)The purposes of the relinquishment are for restorative economic and social justice, including, but not limited to, transit-oriented development, affordable housing for low- and moderate- income people, green space, or active transportation infrastructure.
(5)The infrastructural barrier shall be removed or retrofit in a manner that enhances community connectivity and that is sensitive to the context of the surrounding community. The retrofit of the infrastructural barrier may include, but is not limited to, placing a freeway cap on the infrastructural barrier or replacing the infrastructural barrier with an at-grade arterial roadway.
(6)Any land made available by the removal or retrofit of the infrastructural barrier shall be redeveloped for the purposes specified in paragraph (4) with a focus on implementing improvements that will benefit the populations impacted by or previously displaced by the infrastructural barrier.
(7)A part of the relinquished portion of the state highway shall be used for transportation purposes to ensure the continuity of traffic flow.
(8)The relinquishment is consistent with federal law and regulations and does not require reimbursement to the federal government of any federal funding.
(9)The relinquishment is consistent with Article XIX of the California Constitution.
(10)The city or county determines that the construction of the infrastructural barrier had a significant impact on a disadvantaged community. An impact is significant if all of the following criteria are met:
(A)There was a disproportionate impact on the disadvantaged community, including, but not limited to, creating obstacles to mobility or economic development or exposing the disadvantaged community to high levels of particulate matter, noise pollution, or other public health and safety risks.
(B)A causal connection exists between the construction of the infrastructural barrier and the disproportionate impact.
(C)The construction lacks a substantial legitimate justification for the disproportionate impact and a reasonable nondiscriminatory alternative could not be identified.
(d)A relinquishment under this section shall become effective on the date following the county recorders recordation of the relinquishment resolution containing the commissions approval of the terms and conditions of the relinquishment.
(e)On and after the effective date of the relinquishment pursuant to this section, all of the following shall occur:
(1)The relinquished portion of state highway shall cease to be a state highway.
(2)The relinquished portion of state highway shall be ineligible for future adoption under Section 81.
(f)This section does not determine project elements, housing density, or setback limits, or place land use restrictions on portions of land not being relinquished pursuant to this section.
The Legislature finds and declares all of the following:
(a)Section 54235 of the Government Code affirms that highway and other state activities have contributed to the severe shortage of [low- and moderate-income] housing and states that the Legislature intends to preserve, upgrade and expand housing for low- and moderate-income people in the state.
(b)Housing options should be made available to low- and moderate- income households.
(c)Due to the unjust, racist, and destructive nature of the some of the actions taken by the state to construct many portions of the state highway system, the state should provide a unique relinquishment solution to repair communities damaged from the construction of freeways and other facilities on the state highway system.
SEC. 2.Section 73.4 is added to the Streets and Highways Code, to read:73.4.(a)For purposes of this section, infrastructural barrier means a state highway for which high speeds, grade separation, or other design factors displaced residences or create an obstacle to connectivity, including any of the following:
(1)Obstacles to walking, biking, or mobility.
(2)Diminished access to destinations across the infrastructural barrier.
(3)Barriers to the economic development of the surrounding neighborhood.
(b)In addition to relinquishments pursuant to Section 73, the commission may also, for relinquishments initiated under this section on or after January 1, 2023, relinquish a portion of a state highway that constitutes an infrastructural barrier to a county or city if the department and the applicable county or city have entered into an agreement providing for the relinquishment of the portion of the state highway.
(c)A relinquishment pursuant to subdivision (b) may only occur if all of the following conditions are met:
(1)The portion of the state highway is located within the territorial limits of the city or county entering into the agreement.
(2)The commission determines the relinquishment is in the best interest of the state.
(3)The commission holds a public hearing on the proposed relinquishment to solicit input from the public.
(4)The purposes of the relinquishment are for restorative economic and social justice, including, but not limited to, transit-oriented development, affordable housing for low- and moderate- income people, green space, or active transportation infrastructure.
(5)The infrastructural barrier shall be removed or retrofit in a manner that enhances community connectivity and that is sensitive to the context of the surrounding community. The retrofit of the infrastructural barrier may include, but is not limited to, placing a freeway cap on the infrastructural barrier or replacing the infrastructural barrier with an at-grade arterial roadway.
(6)Any land made available by the removal or retrofit of the infrastructural barrier shall be redeveloped for the purposes specified in paragraph (4) with a focus on implementing improvements that will benefit the populations impacted by or previously displaced by the infrastructural barrier.
(7)A part of the relinquished portion of the state highway shall be used for transportation purposes to ensure the continuity of traffic flow.
(8)The relinquishment is consistent with federal law and regulations and does not require reimbursement to the federal government of any federal funding.
(9)The relinquishment is consistent with Article XIX of the California Constitution.
(10)The city or county determines that the construction of the infrastructural barrier had a significant impact on a disadvantaged community. An impact is significant if all of the following criteria are met:
(A)There was a disproportionate impact on the disadvantaged community, including, but not limited to, creating obstacles to mobility or economic development or exposing the disadvantaged community to high levels of particulate matter, noise pollution, or other public health and safety risks.
(B)A causal connection exists between the construction of the infrastructural barrier and the disproportionate impact.
(C)The construction lacks a substantial legitimate justification for the disproportionate impact and a reasonable nondiscriminatory alternative could not be identified.
(d)A relinquishment under this section shall become effective on the date following the county recorders recordation of the relinquishment resolution containing the commissions approval of the terms and conditions of the relinquishment.
(e)On and after the effective date of the relinquishment pursuant to this section, all of the following shall occur:
(1)The relinquished portion of state highway shall cease to be a state highway.
(2)The relinquished portion of state highway shall be ineligible for future adoption under Section 81.
(f)This section does not determine project elements, housing density, or setback limits, or place land use restrictions on portions of land not being relinquished pursuant to this section.
The Legislature finds and declares all of the following:
(a)Section 54235 of the Government Code affirms that highway and other state activities have contributed to the severe shortage of [low- and moderate-income] housing and states that the Legislature intends to preserve, upgrade and expand housing for low- and moderate-income people in the state.
(b)Housing options should be made available to low- and moderate- income households.
(c)Due to the unjust, racist, and destructive nature of the some of the actions taken by the state to construct many portions of the state highway system, the state should provide a unique relinquishment solution to repair communities damaged from the construction of freeways and other facilities on the state highway system.
SEC. 2.Section 73.4 is added to the Streets and Highways Code, to read:73.4.(a)For purposes of this section, infrastructural barrier means a facility on a state highway for which high speeds, grade separation, or other design factors displaced residences or create an obstacle to connectivity, including any of the following:
(1)Obstacles to walking, biking, or mobility.
(2)Diminished access to destinations across the infrastructural barrier.
(3)Barriers to the economic development of the surrounding neighborhood.
(b)The In addition to relinquishments pursuant to Section 73, the commission may also, for relinquishments initiated under this section on or after January 1, 2023, relinquish a portion of a state highway that contains constitutes an infrastructural barrier to a county or city if the department and the applicable county or city have entered into an agreement providing for the relinquishment of the portion of the state highway.
(c)A relinquishment pursuant to subdivision (b) shall not may only occur unless if all of the following conditions are met:
(1)The portion of the state highway is located within the territorial limits of the city or county entering into the agreement.
(2)The commission determines the relinquishment is in the best interest of the state.
(3)The commission holds a public hearing on the proposed relinquishment to solicit input from the public.
(4)The purposes of the relinquishment are for restorative economic and social justice, including, but not limited to, transit-oriented development, affordable housing for low- and moderate- income people, green space, or active transportation infrastructure.
(5)The infrastructural barrier shall be removed or retrofit in a manner that enhances community connectivity and that is sensitive to the context of the surrounding community. The retrofit of the infrastructural barrier may include, but is not limited to, placing a freeway cap on the infrastructural barrier or replacing the infrastructural barrier with an at-grade arterial roadway.
(6)Any land made available by the removal or retrofit of the infrastructural barrier shall be redeveloped for the purposes specified in paragraph (4) with a focus on implementing improvements that will benefit the populations impacted by or previously displaced by the infrastructural barrier.
(7)A part of the relinquished portion of the state highway shall be used for transportation purposes to ensure the continuity of traffic flow.
(8)The relinquishment is consistent with federal law and regulations. regulations and does not require reimbursement to the federal government of any federal funding.
(9)The relinquishment is consistent with Article XIX of the California Constitution.
(9)(10)The city or county determines that the construction of the infrastructural barrier had a significant impact on a disadvantaged community. An impact is significant if all of the following criteria are met:
(A)There was a disproportionate impact on the disadvantaged community, including, but not limited to, creating obstacles to mobility or economic development or exposing the disadvantaged community to high levels of particulate matter, noise pollution, or other public health and safety risks.
(B)A causal connection exists between the construction of the infrastructural barrier and the disproportionate impact.
(C)The construction lacks a substantial legitimate justification for the disproportionate impact and a reasonable nondiscriminatory alternative could not be identified.
(d)A relinquishment under this section shall become effective on the date following the county recorders recordation of the relinquishment resolution containing the commissions approval of the terms and conditions of the relinquishment.
(e)On and after the effective date of the relinquishment pursuant to this section, all of the following shall occur:
(1)The relinquished portion of state highway shall cease to be a state highway.
(2)The relinquished portion of state highway shall be ineligible for future adoption under Section 81.
(f)This section does not determine project elements, housing density, or setback limits, or place land use restrictions on portions of land not being relinquished pursuant to this section.
The Legislature finds and declares all of the following:
(a)Section 54235 of the Government Code affirms that highway and other state activities have contributed to the severe shortage of [low- and moderate-income] housing and states that the Legislature intends to preserve, upgrade and expand housing for low- and moderate-income people in the state.
(b)Housing options should be made available to low- and moderate- income households.
(c)Due to the unjust, racist, and destructive nature of the some of the actions taken by the state to construct many portions of the state highway system, the state should provide a unique relinquishment solution to repair communities damaged from the construction of freeways and other facilities on the state highway system.
SEC. 2.Section 73.4 is added to the Streets and Highways Code, to read:73.4.(a)For purposes of this section, infrastructural barrier means a facility on a state highway for which high speeds, grade separation, or other design factors displaced residences or create an obstacle to connectivity, including any of the following:
(1)Obstacles to walking, biking, or mobility.
(2)Diminished access to destinations across the infrastructural barrier.
(3)Barriers to the economic development of the surrounding neighborhood.
(b)The commission may relinquish a portion of a state highway that contains an infrastructural barrier to a county or city if the department and the applicable county or city have entered into an agreement providing for the relinquishment of the portion of the state highway.
(c)A relinquishment pursuant to subdivision (b) shall not occur unless all of the following conditions are met:
(1)The portion of the state highway is located within the territorial limits of the city or county entering into the agreement.
(2)The commission determines the relinquishment is in the best interest of the state.
(3)The commission holds a public hearing on the proposed relinquishment to solicit input from the public.
(4)The purposes of the relinquishment are for restorative economic and social justice, including, but not limited to, transit-oriented development, affordable housing for low- and moderate- income people, green space, or active transportation infrastructure.
(5)The infrastructural barrier shall be removed or retrofit in a manner that enhances community connectivity and that is sensitive to the context of the surrounding community. The retrofit of the infrastructural barrier may include, but is not limited to, placing a freeway cap on the infrastructural barrier or replacing the infrastructural barrier with an at-grade arterial roadway.
(6)Any land made available by the removal or retrofit of the infrastructural barrier shall be redeveloped for the purposes specified in paragraph (4) with a focus on implementing improvements that will benefit the populations impacted by or previously displaced by the infrastructural barrier.
(7)A part of the relinquished portion of the state highway shall be used for transportation purposes to ensure the continuity of traffic flow.
(8)The relinquishment is consistent with federal law and regulations.
(9)The city or county determines that the construction of the infrastructural barrier had a significant impact on a disadvantaged community. An impact is significant if all of the following criteria are met:
(A)There was a disproportionate impact on the disadvantaged community, including, but not limited to, creating obstacles to mobility or economic development or exposing the disadvantaged community to high levels of particulate matter, noise pollution, or other public health and safety risks.
(B)A causal connection exists between the construction of the infrastructural barrier and the disproportionate impact.
(C)The construction lacks a substantial legitimate justification for the disproportionate impact and a reasonable nondiscriminatory alternative could not be identified.
(d)A relinquishment under this section shall become effective on the date following the county recorders recordation of the relinquishment resolution containing the commissions approval of the terms and conditions of the relinquishment.
(e)On and after the effective date of the relinquishment pursuant to this section, all of the following shall occur:
(1)The relinquished portion of state highway shall cease to be a state highway.
(2)The relinquished portion of state highway shall be ineligible for future adoption under Section 81.
(f)This section does not determine project elements, housing density, or setback limits, or place land use restrictions on portions of land not being relinquished pursuant to this section.
All matter omitted in this version of the bill appears in the bill as amended in the Senate, June 15, 2021. (JR11)The Legislature finds and declares all of the following:
(a)The earliest iterations of Route 710, former State Highway Routes 7 and 167, were designed in 1933 to improve north-south mobility in the County of Los Angeles extending from the harbors of the Cities of San Pedro and Long Beach to the San Gabriel Valley.
(b)Construction of the Route 710 freeway was terminated at the Route 10 freeway, stopping short of its intended connections and terminations creating a 6.2-mile gap between Routes 10 and 210, crossing through the Cities of Los Angeles, Alhambra, South Pasadena, and Pasadena.
(c)In the 1960s, the State of California purchased 143 homes in the City of Pasadena, and over 300 homes in other cities, in order to demolish them and continue building the Route 710 freeway.
(d)These communities were predominantly made up of people of color because the houses were affordable and did not have race-based covenants.
(e)Some of those homes were demolished immediately, many of them belonging to African Americans.
(f)This historically African American neighborhood was first known as the South Vernon Avenue Corridor and was initially where wealthy White property owners housed their servants.
(g)Historically, African Americans in Pasadena were limited to two areas, the South Vernon Avenue Corridor in southwest Pasadena west of Fair Oaks Avenue between Green Street and California Boulevard, and in northwest Pasadena.
(h)The South Vernon Avenue Corridor became a vibrant, predominantly African American neighborhood that was demolished in the 1960s along with at least two churches to make way for the Route 710 freeway.
(i)Japanese Americans and Chinese Americans also had thriving communities in this area including churches and small businesses.
(j)The homes that were not demolished were rented back to residents; however, today none of the original residents live in the homes.
(k)Years of lawsuits and pressure from residents of the cities delayed the freeway construction.
(l)In 1998, the Federal Highway Administration published a record of decision approving a surface freeway to close the 6.2-mile gap, but later rescinded it due to litigation and community concerns.
(m)In 2019, the Legislature passed Assembly Bill 29 and Senate Bill 7 (Chapters 791 and 835 of the Statutes of 2019) which, beginning on January 1, 2024, will remove the portion of the Route 710 between Cities of Alhambra and Pasadena from the California freeway and expressway system, effectively preventing the future construction of a freeway.
(n)Section 54235 of the Government Code affirms that the highway and other state activities have contributed to the severe shortage of such housing and states that the Legislature intends to preserve, upgrade and expand housing for low- and moderate-income people in this region.
(o)Housing options should be made available to low- and moderate- income households.
(p)Due to the unjust, racist, and permanently destructive nature of the action by the state to construct a freeway, the amount of time since that initial injustice, and the precedent set by the state law commonly referred to as the Roberti Act (Article 8.5 (commencing with Section 54235) of Chapter 5 of Part 1 of Division 2 of Title 5 of the Government Code), the state should provide a unique relinquishment solution to repair the community.
(q)Nothing in this act determines project elements, housing density, setback limits, or places restrictions on use of land on portions of land not being relinquished.
SEC. 2.Section 54235 of the Government Code is amended to read:54235.(a)The Legislature reaffirms its finding that the disposition of surplus property owned by public agencies should be utilized to further state policies.
The(b)The Legislature reaffirms its finding that there exists within the urban and rural areas of the state a serious shortage of decent, safe, and sanitary housing which that persons and families of low or moderate income can afford, and consequently a pressing and urgent need for the preservation and expansion of the low- and moderate-income housing supply. The Legislature further reaffirms its finding that highway and other state activities have contributed to the severe shortage of such that housing. The Legislature reaffirms that the provision of decent housing for all Californians is a state goal of the highest priority. The Legislature finds and declares that actions of state agencies including the sales of surplus residential properties which that result in the loss of decent and affordable housing for persons and families of low or moderate income is contrary to state housing, urban development, and environmental policies and is a significant environmental effect, within the meaning of Article XIX of the California Constitution, which will be mitigated by the sale of surplus residential property pursuant to the provisions of this article.
The(c)The Legislature further finds and declares that the displacement of large numbers of persons as a result of the sale of surplus residential property owned by agencies of the state is a significant environmental effect, within the meaning of Article XIX of the California Constitution which will be mitigated by sale of such those properties pursuant to the provisions of this article.
The(d)The Legislature further finds and declares that the sale of surplus residential property and surplus unimproved property pursuant to the provisions of this article will directly serve an important public purpose. Wherefore, the Legislature intends by this article to preserve, upgrade upgrade, and expand the supply of housing available to persons and families of low or moderate income. The Legislature further intends by this article to mitigate the environmental effects, within the meaning of Article XIX, XIX of the California Constitution, caused by highway activities.
SECTION 1.SEC. 3.Section 54239.2 is added to the Government Code, to read:54239.2.Before selling unimproved property within the State Route 710 corridor in the City of Los Angeles, City of Pasadena, and City of South Pasadena pursuant to Section 118 of the Streets and Highways Code, the Department of Transportation shall offer to sell the property at the price paid by the Department of Transportation for original acquisition to a housing-related entity for affordable housing purposes, in accordance with the following:
(a)The sales price shall be the price paid by the Department of Transportation for original acquisition. The original acquisition price shall not be adjusted for inflation.
(b)Property sold pursuant to this section shall be sold in the existing as is condition.
(c)For each property purchased under this section, the housing-related entity shall do all of the following:
(1)(A) Cause the property to be used for low- and moderate-income rental housing for a term of at least 55 years. The purchase and operation of the property shall be subject to a covenant recorded against the property that requires the property to remain available and affordable for rental by lower income and moderate-income households, as defined by Sections 50079.5 and 50052.5 of the Health and Safety Code, respectively, for a term no shorter than 55 years.
(B)In the event that If the property is sold prior to the expiration of the covenant, the covenant shall remain in effect until the time at which it expires. In the event If the housing-related entity is no longer able to provide the housing on the property, the housing-related entity shall transfer the title to the city in which the property is located, which shall transfer the title and operations to a successor housing-related entity that will maintain the property and the operations in compliance with the covenant. Any housing-related entity purchaser shall comply with monitoring requirements, as determined by the Department of Transportation.
(2)Cause any new units added to the property to be used only for low- or moderate-income rental housing.
(d)The Department of Transportation may designate in regulations, or delegate by agreement to, a public agency to monitor the propertys compliance with the covenant required by this section. The monitoring entity may charge the property owner a fee to recover the cost of this monitoring.
(e)This section shall does not apply to unimproved property subject to a valid lease pursuant to Section 104.7 of the Streets and Highway Code.
(f)It is the intent of the Legislature to promote the use of skilled and trained labor for these types of potential affordable housing projects.
(g)This section does not apply to the portion of Route 710 located within the jurisdictional limits of the City of Pasadena between California Boulevard and Route 210 and west of South Pasadena Avenue.
SEC. 4.Section 622.3 of the Streets and Highways Code is amended to read:622.3.(a)(1)Upon a determination by the commission that it is in the best interest of the state to do so, the commission may, upon terms and conditions approved by it, relinquish to the City of Pasadena the portion of Route 710 located within the jurisdictional limits of that city, city between California Boulevard and Route 210 and west of South Pasadena Avenue, if the department and the city enter into an agreement providing for that relinquishment.
(2)The commission may relinquish the portion of Route 710, including air rights, pursuant to paragraph (1) for nontransportation purposes if all of the following conditions are met:
(A)The purposes of the relinquishment are for restorative economic and social justice, including, but not limited to, transit-oriented development, affordable housing for low- and moderate- income people, green space, and active transportation infrastructure, and to accomplish the goals of Section 54235 of the Government Code.
(B)A part of the relinquished portion of Route 710 is used for transportation purposes to ensure the continuity of traffic flow.
(C)The relinquishment is consistent with federal law.
(b)A relinquishment under this section shall become effective on the date following the county recorders recordation of the relinquishment resolution containing the commissions approval of the terms and conditions of the relinquishment.
(c)On and after the effective date of the relinquishment, all of the following shall occur:
(1)The relinquished portion of Route 710 shall cease to be a state highway.
(2)The relinquished portion of Route 710 shall be ineligible for future adoption under Section 81.
(3)The City of Pasadena shall ensure the continuity of traffic flow on the relinquished portion of Route 710.
SEC. 2.SEC. 5.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 housing needs in the City of Los Angeles, City of Pasadena, and City of South Pasadena.
Before selling unimproved property within the State Route 710 corridor in the City of Los Angeles, City of Pasadena, and City of South Pasadena pursuant to Section 118 of the Streets and Highways Code, the Department of Transportation shall offer to sell the property at the price paid by the Department of Transportation for original acquisition to a housing-related entity for affordable housing purposes, in accordance with the following:
(a)The sales price shall be the price paid by the Department of Transportation for original acquisition. The original acquisition price shall not be adjusted for inflation.
(b)Property sold pursuant to this section shall be sold in the existing as is condition.
(c)For each property purchased under this section, the housing-related entity shall do all of the following:
(1)(A) Cause the property to be used for low- and moderate-income rental housing for a term of at least 55 years. The purchase and operation of the property shall be subject to a covenant recorded against the property that requires the property to remain available and affordable for rental by lower income and moderate-income households, as defined by Sections 50079.5 and 50052.5 of the Health and Safety Code, respectively, for a term no shorter than 55 years.
(B)In the event that the property is sold prior to the expiration of the covenant, the covenant shall remain in effect until the time at which it expires. In the event the housing-related entity is no longer able to provide the housing on the property, the housing-related entity shall transfer the title to the city in which the property is located, which shall transfer the title and operations to a successor housing-related entity that will maintain the property and the operations in compliance with the covenant. Any housing-related entity purchaser shall comply with monitoring requirements, as determined by the Department of Transportation.
(2)Cause any new units added to the property to be used only for low- or moderate-income rental housing.
(d)The Department of Transportation may designate in regulations, or delegate by agreement to, a public agency to monitor the propertys compliance with the covenant required by this section. The monitoring entity may charge the property owner a fee to recover the cost of this monitoring.
(e)This section shall not apply to unimproved property subject to a valid lease pursuant to Section 104.7 of the Streets and Highway Code.
(f)It is the intent of the Legislature to apply a promote the use of skilled and trained workforce requirement on labor for these types of potential affordable housing projects.
SEC. 2.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 housing needs in the City of Los Angeles, City of Pasadena, and City of South Pasadena.
Before selling unimproved property within the State Route 710 corridor in the City of Los Angeles, City of Pasadena, and City of South Pasadena pursuant to Section 118 of the Streets and Highways Code, the Department of Transportation shall offer to sell the property at the price paid by the Department of Transportation for original acquisition to a housing-related entity for affordable housing purposes, in accordance with the following:
(a)The sales price shall be the price paid by the Department of Transportation for original acquisition. The original acquisition price shall not be adjusted for inflation.
(b)Property sold pursuant to this section shall be sold in the existing as is condition.
(c)For each property purchased under this section, the housing-related entity shall do all of the following:
(1)(A) Cause the property to be used for low- and moderate-income rental housing for a term of at least 55 years. The purchase and operation of the property shall be subject to a covenant recorded against the property that requires the property to remain available and affordable for rental by lower income and moderate-income households, as defined by Sections 50079.5 and 50052.5 of the Health and Safety Code, respectively, for a term no shorter than 55 years.
(B)In the event that the property is sold prior to the expiration of the covenant, the covenant shall remain in effect until the time at which it expires. In the event the housing-related entity is no longer able to provide the housing on the property, the housing-related entity shall transfer the title to the city in which the property is located, which shall transfer the title and operations to a successor housing-related entity that will maintain the property and the operations in compliance with the covenant. Any housing-related entity purchaser shall comply with monitoring requirements, as determined by the Department of Transportation.
(2)Cause any new units added to the property to be used only for low- or moderate-income rental housing.
(d)The Department of Transportation may designate in regulations, or delegate by agreement to, a public agency to monitor the propertys compliance with the covenant required by this section. The monitoring entity may charge the property owner a fee to recover the cost of this monitoring.
(e)This section shall not apply to unimproved property subject to a valid lease pursuant to Section 104.7 of the Streets and Highway Code.
(f)It is the intent of the Legislature to apply a skilled and trained workforce requirement on potential affordable housing projects.
SEC. 2.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 housing needs in the City of Los Angeles, City of Pasadena, and City of South Pasadena.
Before selling unimproved property within the State Route 710 corridor in the City of Los Angeles, City of Pasadena, and City of South Pasadena pursuant to Section 118 of the Streets and Highways Code, the Department of Transportation shall offer to sell the property at the price paid by the Department of Transportation for original acquisition to a housing-related entity for affordable housing purposes, in accordance with the following:
(a)The sales price shall be the price paid by the Department of Transportation for original acquisition. The original acquisition price shall not be adjusted for inflation.
(b)Property sold pursuant to this section shall be sold in the existing as is condition.
(c)For each property purchased under this subdivision, section, the housing-related entity shall do all of the following:
(1)(A) Cause the property to be used for low- and moderate-income rental housing for a term of at least 55 years. The purchase and operation of the property shall be subject to a covenant recorded against the property that requires the property to remain available and affordable for rental by lower income and moderate-income households, as defined by Sections 50079.5 and 50052.5 of the Health and Safety Code, respectively, for a term no shorter than 55 years.
(B)In the event that the property is sold prior to the expiration of the covenant, the covenant shall remain in effect until the time at which it expires. In the event the housing-related entity is no longer able to provide the housing on the property, the housing-related entity shall transfer the title to the city in which the property is located, which shall transfer the title and operations to a successor housing-related entity that will maintain the property and the operations in compliance with the covenant. Any housing-related entity purchaser shall comply with monitoring requirements, as determined by the Department of Transportation.
(2)Cause any new units added to the property to be used only for low- or moderate-income rental housing.
(d)The Department of Transportation may designate in regulations, or delegate by agreement to, a public agency to monitor the propertys compliance with the covenant required by this section. The monitoring entity may charge the property owner a fee to recover the cost of this monitoring.
(e)This section shall not apply to unimproved property subject to a valid lease pursuant to Section 104.7 of the Streets and Highway Code.
SEC. 2.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 housing needs in the City of Los Angeles, City of Pasadena, and City of South Pasadena.
Before selling unimproved property within the State Route 710 corridor in the City of Los Angeles, City of Pasadena, and City of South Pasadena pursuant to Section 118 of the Streets and Highways Code, the Department of Transportation shall offer to sell the property at the price paid by the Department of Transportation for original acquisition to a housing-related entity for affordable housing purposes, in accordance with the following:
(a)The sales price shall be the price paid by the Department of Transportation for original acquisition. The original acquisition price shall not be adjusted for inflation.
(b)Property sold pursuant to this section shall be sold in the existing as is condition.
(c)For each property purchased under this subdivision, the housing-related entity shall do all of the following:
(1)(A) Cause the property to be used for low- and moderate-income rental housing for a term of at least 55 years. The purchase and operation of the property shall be subject to a covenant recorded against the property that requires the property to remain available and affordable for rental by lower income and moderate-income households, as defined by Sections 50079.5 and 50052.5 of the Health and Safety Code, respectively, for a term no shorter than 55 years.
(B)In the event that the property is sold prior to the expiration of the covenant, the covenant shall remain in effect until the time at which it expires. In the event the housing-related entity is no longer able to provide the housing on the property, the housing-related entity shall transfer the title to the city in which the property is located, which shall transfer the title and operations to a successor housing-related entity that will maintain the property and the operations in compliance with the covenant. Any housing-related entity purchaser shall comply with monitoring requirements, as determined by the Department of Transportation.
(2)Cause any new units added to the property to be used only for low- or moderate-income rental housing.
(d)The Department of Transportation may designate in regulations, or delegate by agreement to, a public agency to monitor the propertys compliance with the covenant required by this section. The monitoring entity may charge the property owner a fee to recover the cost of this monitoring.
SEC. 2.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 housing needs in the City of Los Angeles, City of Pasadena, and City of South Pasadena.
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Date
|
Status
|
|---|---|
| Sep 30, 2022 | Chaptered by Secretary of State - Chapter 940, Statutes of 2022. |
| Sep 30, 2022 | Approved by the Governor. |
| Sep 13, 2022 | Enrolled and presented to the Governor at 4 p.m. |
| Aug 31, 2022 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 61. Noes 15.). |
| Aug 30, 2022 | From committee: That the Senate amendments be concurred in. (Ayes 8. Noes 2.) (August 30). |
| Aug 29, 2022 | In Assembly. Concurrence in Senate amendments pending. |
| Aug 29, 2022 | Read third time. Passed. Ordered to the Assembly. (Ayes 27. Noes 0. Page 5174.). |
| Aug 11, 2022 | From committee: Do pass. (Ayes 5. Noes 0.) (August 11). |
| Aug 8, 2022 | In committee: Referred to suspense file. |
| Aug 1, 2022 | Read second time and amended. Re-referred to Com. on APPR. |
| Jun 30, 2022 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 13. Noes 0.) (June 28). |
| May 24, 2022 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on TRANS. |
| Jun 22, 2021 | In committee: Set, first hearing. Hearing canceled at the request of author. |
| Jun 15, 2021 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on TRANS. |
| Jun 9, 2021 | Referred to Com. on TRANS. |
| Jun 2, 2021 | In Senate. Read first time. To Com. on RLS. for assignment. |
| Jun 1, 2021 | Read third time. Passed. Ordered to the Senate. (Ayes 68. Noes 0. Page 1794.) |
| May 27, 2021 | Assembly Rule 69(b) suspended. (Ayes 58. Noes 17. Page 1581.) |
| May 25, 2021 | Read second time. Ordered to third reading. |
| May 24, 2021 | Read second time and amended. Ordered returned to second reading. |
| May 20, 2021 | From committee: Amend, and do pass as amended. (Ayes 13. Noes 0.) (May 20). |
| Apr 28, 2021 | In committee: Set, first hearing. Referred to APPR. suspense file. |
| Apr 19, 2021 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 8. Noes 0.) (April 15). Re-referred to Com. on APPR. |
| Apr 5, 2021 | Re-referred to Com. on H. & C.D. |
| Mar 30, 2021 | From committee chair, with author's amendments: Amend, and re-refer to Com. on H. & C.D. Read second time and amended. |
| Feb 18, 2021 | Referred to Com. on H. & C.D. |
| Feb 10, 2021 | From printer. May be heard in committee March 12. |
| Feb 9, 2021 | Read first time. To print. |
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Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 31, 2022 | AB 512 Holden Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| Aug 29, 2022 | Assembly 3rd Reading AB512 Holden By Portantino | Senate Floor |
Passed |
|
| Jun 1, 2021 | AB 512 Holden Assembly Third Reading | Assembly Floor |
Passed |
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Positions by individuals are not included.
Bill Author
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