Current Status:

Passed

(2023-10-11: Chaptered by Secretary of State. Chapter 786, Statutes of 2023.)

Introduced

In Committee

First Chamber

In Committee

Second Chamber

Enacted

Version:

Existing law prescribes requirements for the disposal of surplus land by a local agency. Existing law defines terms for these purposes. Existing law defines surplus land to generally mean land owned in fee simple by a local agency for which the local agencys governing body takes formal action in a public meeting declaring that the land is surplus and not necessary for the agencys use. Existing law defines agencys use to include land that is being used, is planned to be used pursuant to a written plan adopted by the local agencys governing board, or is disposed of to support agency work or operations. Existing law excludes from agencys use commercial or industrial uses or activities, or property disposed of for the sole purpose of investment or generation of revenue, unless the local agency is a district, except as specified, and the agencys governing body takes specified actions in a public meeting. Existing law excludes from these requirements the disposal of exempt surplus land by an agency of the state or any local government. Existing law requires a local agency to declare land as either surplus land or exempt surplus land, as supported by written findings, before a local agency may take any action to dispose of it. Under existing law, exempt surplus land includes, among other types of land, property that is used by a district for an agencys use as expressly authorized, land for specified developments, including a mixed-use development, if put out to open, competitive bid by a local agency, as specified, and surplus land that is subject to specified valid legal restrictions.

This bill would revise and recast certain provisions related to exempt surplus land, including exempting surplus land that is less than one-half acre and not contiguous to land owned by a state or local agency that is used for open-space or low- and moderate- income housing purposes, and provisions related to mixed-use developments, among others. The bill would add various new categories of exempt surplus land, including (1) specified land that is owned by a California public-use airport on which residential uses are prohibited, (2) surplus land owned by a local agency whose primary mission or purpose is to supply the public with a transportation system that is developed for commercial, or industrial uses or activities, for the sole purpose of investment if certain conditions are met, and (3) land transferred to a community land trust, as specified. The bill would also specify that certain legal restrictions are valid legal restrictions and would require that for surplus land that is subject to valid legal restrictions to be considered exempt surplus land, a declaration of exemption must be supported by documentary evidence, as provided.

This bill would specify that the law governing surplus land does not require a local agency to dispose of land that is determined to be surplus.

Existing law requires a local agency disposing of surplus land to send a written notice of availability of the property to specified local agencies and housing sponsors before disposing of the property or participating in negotiations.

This bill would specify additional actions that are not considered participating in negotiations for purposes of the above-described notice of availability requirement, including issuing a request for proposals or negotiating a lease for purposes of complying with specified provisions of law.

Existing law requires the Department of Housing and Community Development to maintain on its internet website a list of all notices of availability throughout the state.

This bill would require the department to also maintain on its internet website a list of all entities, including housing sponsors, that have notified the department of their interest in surplus land for the purpose of developing low- and moderate-income housing.

Existing law requires an entity proposing to use surplus land for developing low- and moderate-income housing shall agree to make available not less than 25 percent of the total number of units developed on the parcels at affordable housing cost for a period of at least 55 years.

This bill would instead require the entity to agree to make available not less than 25 percent of the total number of units developed on the parcels at affordable housing cost for a minimum of 55 years for rental housing, 45 years for ownership housing, and 50 years for rental or ownership housing located on tribal trust lands.

Under existing law, a local agency that disposes of surplus land after receiving a notification from the Department of Housing and Community Development that the agency is in violation of the law governing surplus land is liable for 30% of the final sale price of the land. Existing law authorizes certain entities and interested persons to bring an action to enforce these provisions.

This bill would instead make a local agency that is in violation of these provisions liable for 30% of the applicable disposition value, which the bill would define. This bill would prohibit the penalties for violating these provisions from applying to nonsubstantive violations that do not impact the availability or construction of housing affordable to lower income households or the ultimate disposition of the land, as specified.

Existing law further requires the department to review, adopt, amend, or repeal guidelines to establish uniform standards to implement certain provisions and exempts those guidelines from the Administrative Procedure Act.

This bill would remove that exemption from the Administrative Procedure Act.

By imposing new duties on local agencies, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

This bill would incorporate additional changes to Section 54221 of the Government Code proposed by Assembly Bill 480 to be operative only if this bill and Assembly Bill 480 are enacted and this bill is enacted last.

This bill would make its operation contingent on the enactment of Assembly Bill 480 of the 2023-24 Regular Session.

This bill would specify that the law governing surplus land does not require a local agency to dispose of land that is determined to be surplus.

Existing law requires the Department of Housing and Community Development to maintain on its internet website a list of all notices of availability throughout the state.

This bill would remove that exemption from the Administrative Procedure Act.

By imposing new duties on local agencies, the bill would impose a state-mandated local program.

This bill would make its operation contingent on the enactment of Assembly Bill 480 of the 2023-24 Regular Session.

This bill would revise and recast certain of the provisions related to exempt surplus land, including exempting surplus land that is less than one-half acre and not contiguous to land owned by a state or local agency that is used for open space open-space or low- and moderate- income housing purposes and meets specified conditions, purposes, and provisions related to mixed-use developments, among others. The bill would add various new categories of exempt surplus land, including specified land that is owned by a California public-use airport on which residential uses are prohibited and surplus land owned by a local agency whose primary mission or purpose is to supply the public with a transportation system that is developed for commercial, or industrial uses or activities, for the sole purpose of investment if certain conditions are met, and land transferred to a community land trust, as specified. The bill would remove from the definition of exempt surplus land, land that is surplus land that is put out to open, competitive bid by a local agency, as provided. The bill would also specify that certain legal restrictions are valid legal restrictions and would require that for surplus land that is subject to valid legal restrictions to be considered exempt surplus land, the valid restrictions must be included as part of the local agencys above-described written findings. The bill would also include as exempt surplus land, land transferred to a community land trust, as specified. a declaration of exemption must be supported by documentary evidence, as provided.

This bill would provide that a local agency is not required to make a declaration at a public meeting that land is exempt surplus land and if the local agency prepares a notice that is published and available for public comment and if the land meet certain criteria, as specified. The bill would require a local agency to, 30 days before disposing of land declared exempt surplus land, provide the Department of Housing and Community Development a written notification of its declaration and findings, as specified. The bill would specify that the law governing surplus land does not require a local agency to dispose of land that is determined to be surplus.

This bill would specify that certain actions are not considered participating in negotiations for purposes of the above-described notice of availability requirement, including issuing a request for proposals or negotiating a lease for purposes of complying with specified provisions of law.

Existing law requires the Department of Housing and Community Development to maintain on its internet website a list of all notices of availability throughout the state.

Existing law requires an entity proposing to use the surplus land for developing low- and moderate-income housing shall agree to make available not less than 25 percent of the total number of units developed on the parcels at affordable housing cost for a period of at least 55 years.

This bill would instead require the entity to require requirement to agree to make available not less than 25 percent of the total number of units developed on the parcels at affordable housing cost for a minimum of 55 years for rental housing, 45 years for ownership housing, and 50 years for rental or ownership housing located on tribal trust lands.

Under existing law, a local agency that disposes of surplus land after receiving a notification from the Department of Housing and Community Development that the agency is in violation of the law is liable for 30% of the final sale price of the land. Existing law authorizes certain entities and interested persons to bring an action to enforce these provisions. Existing law grants a local agency 60 days to cure or correct an alleged violation before an action may be brought to enforce this provision, except as specified.

This bill would require a local agency, upon receiving a notice of a violation from the department, to consider the matter at a public meeting within 30 days if the local agency proceeds with the disposal. The bill would specify that following the public hearing, the local agency has 60 days to cure or correct an alleged violation before an action may be brought to enforce this provision.

This bill would remove that exemption from the Administrative Procedure Act.

By imposing new duties on local agencies, the bill would impose a state-mandated local program.

This bill would make its operation contingent on the enactment of Assembly Bill 480 of the 2023-24 Regular Session.

(1)Existing law authorizes a city, county, or city and county, with the approval of its legislative body by resolution after a public hearing, to acquire, sell, or lease property in furtherance of the creation of an economic opportunity, as defined. Existing law specifies the Legislatures intent regarding those provisions.This bill would authorize a city, county, or city and county, in addition to a sale or lease, to otherwise transfer property to create an economic opportunity. The bill would make related, conforming changes. The bill would additionally state the Legislatures intent is to ensure that residents of the state have access to jobs that allow them to afford housing without the need for public subsidies. Existing law subjects the creation of an economic opportunity to certain notice and disclosure provisions. These provisions require each local agency, before approving an economic development subsidy within its jurisdiction, to provide specified information in written form to the public and through its internet website, if available, about the business entities that are the beneficiary of the economic development subsidy, the start and end dates and schedule of the subsidy, other related information, and to hold public hearings and report on those subsidies at specified intervals.This bill would subject the creation of an economic opportunity to only the above-described requirements regarding providing information to the public on that economic opportunity. The bill would specify that these provisions are an alternative to any other authority or procedures for cities and counties to acquire, sell, lease, or otherwise transfer real property owned by a city or county.(2)Existing

This bill would define the term dispose for these purposes to mean the sale of the surplus property or a lease of any surplus property entered into on or after January 1, 2024, for a term longer than 15 years, including renewal options, as specified. The bill would also redefine the term agencys use to include use for transit or transit-oriented development, transit, property owned by a port that is used to support logistics uses, airports, state tidelands, sites for broadband equipment or wireless facilities, and waste disposal sites. The bill would define a district relative to an agencys use to include infrastructure financing districts, enhanced infrastructure financing districts, community revitalization and investment authorities, transit village development districts, and climate resilience districts if the land is located within a city, county, or city and county that has been found to have a substantially compliant housing element and has been designated prohousing by the Department of Housing and Community Development, as specified. The bill would specify that for a local agency that is a district, agencys use includes commercial or industrial uses or activities, or property disposed of for the sole purpose of investment or generation of revenue, without exception.

This bill would revise and recast certain of the provisions related to exempt surplus land, including surplus land that is not contiguous to land owned by a state or local agency, agency that is used for open space or low- and moderate- income housing purposes and meets specified conditions, surplus land that is a former parking lot less than ¹/₂ acre in size that is conveyed to an owner of an adjacent property, and provisions related to mixed-use developments, among others. The bill would remove from the definition of exempt surplus land, land that is surplus land that is put out to open, competitive bid by a local agency, as provided. The bill would also specify that certain legal restrictions are valid legal restrictions and would require that for surplus land that is subject to valid legal restrictions to be considered exempt surplus land, the valid restrictions must be included as part of the local agencys above-described written findings. The bill would also include as exempt surplus land, land that is jointly developed or used for a joint development, land that was purchased using federal funds, land transferred to a community land trust, as specified, and additional categories of land determined by the department, including sites that are not suitable for housing. specified.

This bill would provide that a local agency is not required to make a declaration at a public meeting that land is exempt surplus land, if specified conditions are met, including if the land is located within a city, county, or city and county that has been found to have a substantially compliant housing element and has been designated prohousing by the Department of Housing and Community Development, as specified, and if the exemption is identified in a notice that is published and available for public comment at least 30 days before the exemption took effect. land and if the local agency prepares a notice that is published and available for public comment and if the land meet certain criteria, as specified. The bill would require a local agency to, 30 days before disposing of land declared exempt surplus land, provide the Department of Housing and Community Development a written notification of its declaration and findings, as specified. The bill would specify that the law governing surplus land does not require a local agency to dispose of land that is determined to be surplus. The bill would specify that the requirements for the disposal of surplus land by a local agency do not apply to properties that a local agency proposes to sell, lease, or otherwise transfer under the above-described economic opportunity provisions.

Existing law generally requires a local agency disposing of surplus land to send a written notice of availability of the property to specified entities prior to disposing of that property or participating in negotiations to dispose of that property with a prospective transferee.This bill would create an exception from that notice requirement if the prospective transferee is an affordable housing developer proposing to develop an affordable housing project on the site that will meet or exceed a 25% affordability threshold, as described.

Under existing law, a local agency that disposes of surplus land after receiving a notification from the Department of Housing and Community Development that the agency is in violation of the law is liable for 30% of the final sale price of the land. Existing law authorizes certain entities and interested persons to bring an action to enforce these provisions. Existing law grants a local agency 60 days to cure or correct an alleged violation before an action may be brought to enforce this provision, except as specified.

This bill would remove those exemptions. The bill would additionally require the department to provide the local agency an appeals process to overturn an adverse action by the department affecting the local agency overseen by an independent trier of fact. that exemption from the Administrative Procedure Act.

By imposing new duties on local agencies, the bill would impose a state-mandated local program.

This bill would authorize a city, county, or city and county, in addition to a sale or lease, to otherwise transfer property to create an economic opportunity. The bill would make related, conforming changes. The bill would additionally state the Legislatures intent is to ensure that residents of the state have access to jobs that allow them to afford housing without the need for public subsidies.

Existing law subjects the creation of an economic opportunity to certain notice and disclosure provisions. These provisions require each local agency, before approving an economic development subsidy within its jurisdiction, to provide specified information in written form to the public and through its internet website, if available, about the business entities that are the beneficiary of the economic development subsidy, the start and end dates and schedule of the subsidy, other related information, and to hold public hearings and report on those subsidies at specified intervals.

This bill would subject the creation of an economic opportunity to only the above-described requirements regarding providing information to the public on that economic opportunity. The bill would specify that these provisions are an alternative to any other authority or procedures for cities and counties to acquire, sell, lease, or otherwise transfer real property owned by a city or county.

(2)Existing law prescribes requirements for the disposal of surplus land by a local agency. Existing law defines terms for these purposes. Existing law defines surplus land to generally mean land owned in fee simple by a local agency for which the local agencys governing body takes formal action in a public meeting declaring that the land is surplus and not necessary for the agencys use. Existing law defines agencys use to include land that is being used, is planned to be used pursuant to a written plan adopted by the local agencys governing board, or is disposed of to support agency work or operations. Existing law excludes from agencys use commercial or industrial uses or activities, or property disposed of for the sole purpose of investment or generation of revenue, unless the local agency is a district, except as specified, and the agencys governing body takes specified actions in a public meeting. Existing law excludes from these requirements the disposal of exempt surplus land by an agency of the state or any local government. Existing law requires a local agency to declare land as either surplus land or exempt surplus land, as supported by written findings, before a local agency may take any action to dispose of it. Under existing law, exempt surplus land includes, among other types of land, property that is used by a district for an agencys use as expressly authorized, land for specified developments, including a mixed-use development, if put out to open, competitive bid by a local agency, as specified, and surplus land that is subject to specified valid legal restrictions.

This bill would define the term dispose for these purposes to mean the sale of the surplus property or a lease of any surplus property entered into on or after January 1, 2024, for a term longer than 15 years, including renewal options, as specified. The bill would also redefine the term agencys use to include use for transit or transit-oriented development, property owned by a port that is used to support logistics uses, airports, state tidelands, sites for broadband equipment or wireless facilities, and waste disposal sites. The bill would define a district relative to an agencys use to include infrastructure financing districts, enhanced infrastructure financing districts, community revitalization and investment authorities, affordable housing authorities, transit village development districts, and climate resilience districts if the land is located within a city, county, or city and county that has been found to have a substantially compliant housing element and has been designated prohousing by the Department of Housing and Community Development, as specified.

This bill would revise and recast certain of the provisions related to exempt surplus land, including surplus land that is not contiguous to land owned by a state or local agency, that is used for open space or low- and moderate- income housing purposes and meets specified conditions, surplus land that is a former parking lot less than ¹/₂ acre in size that is conveyed to an owner of an adjacent property, and provisions related to mixed-use developments, among others. The bill would also specify that certain legal restrictions are valid legal restrictions and would require that for surplus land that is subject to valid legal restrictions to be considered exempt surplus land, the valid restrictions must be included as part of the local agencys above-described written findings. The bill would also include as exempt surplus land, land that is jointly developed or used for a joint development, land that was purchased using federal funds, land transferred to a community land trust, as specified, and additional categories of land determined by the department, including sites that are not suitable for housing.

This bill would authorize a local agency to administratively declare provide that a local agency is not required to make a declaration at a public meeting that land is exempt surplus land, if specified conditions are met, including if the land is located within a city, county, or city and county that has been found to have a substantially compliant housing element and has been designated prohousing by the Department of Housing and Community Development, as specified, and if the local agency posted the declaration and findings on the local agencys internet website, and gave notice to specified entities exemption is identified in a notice that is published and available for public comment at least 30 days before the declarations exemption took effect. The bill would require a local agency to, 30 days before disposing of land declared exempt surplus land, provide the Department of Housing and Community Development a written notification of its declaration and findings, as specified. The bill would specify that the law governing surplus land does not require a local agency to dispose of land that is determined to be surplus. The bill would specify that the requirements for the disposal of surplus land by a local agency do not apply to properties that a local agency proposes to sell, lease, or otherwise transfer under the above-described economic opportunity provisions.

This bill would create an exception from that notice requirement if the prospective transferee is an affordable housing developer proposing to develop an affordable housing project on the site that will meet or exceed a 25% affordability threshold, as described.

Under existing law, a local agency that disposes of surplus land after receiving a notification from the Department of Housing and Community Development that the agency is in violation of the law is liable for 30% of the final sale price of the land. Existing law authorizes certain entities and interested persons to bring an action to enforce these provisions. Existing law grants a local agency 60 days to cure or correct an alleged violation before an action may be brought to enforce this provision, except as specified.

Existing law further requires the department to review, adopt, amend, or repeal guidelines to establish uniform standards to implement this provision certain provisions and specifies that exempts those guidelines are not subject to from the Administrative Procedure Act.

This bill would additionally require the department to solicit public comments for 30 days and consider and respond in writing to the public comments prior to adopting, amending, or repealing the guidelines. The bill would remove those exemptions. The bill would additionally require the department to provide the local agency an appeals process to overturn an adverse action by the department affecting the local agency overseen by an independent trier of fact.

Existing law provides that certain dispositions of real property by local agencies are subject to surplus land disposal procedures as they existed on December 31, 2019, if those dispositions are pursuant to specified legal agreements and the disposition is completed by December 31, 2022, or by December 31, 2024, if the property is located in a charter city with a population of over 2,000,000 persons and a local agency has an option agreement duly authorized by the governing body to purchase the property from a former redevelopment agency.This bill would expand the applicability of those disposition procedures to December 31, 2025, as to property located in a city or county that entered into a legally binding agreement to dispose of the property prior to September 30, 2019, and the transferee has exercised one or more unilateral extension options which were a component of the original agreement.With respect to land held in the Community Redevelopment Property Trust Fund or designated in a long-range property management plan either for sale or retained for future development, existing law provides that certain dispositions of real property by local agencies are subject to surplus land disposal procedures as they existed on December 31, 2019, if those dispositions are pursuant to specified legal agreements entered into not later than December 31, 2020, and the disposition is completed by December 31, 2022, or by December 31, 2024, if the property is located in a charter city with a population of over 2,000,000 persons and a local agency has an option agreement authorized by the local agencys governing body to purchase the property from the former redevelopment agency.This bill would expand the applicability of those disposition procedures for which an agreement has been entered into by December 31, 2020, if the disposition is completed by December 31, 2025, and the property is located in a city or county that entered into a legally binding agreement to dispose of the property before September 30, 2019, and the transferee has exercised one or more unilateral extension options which were a component of the original agreement.

By imposing new duties on local agencies, the bill would impose a state-mandated local program.

Existing law provides that the subjects the creation of an economic opportunity under that law is subject to certain notice and disclosure provisions. These provisions require each local agency, before approving an economic development subsidy within its jurisdiction, to provide specified information in written form to the public and through its internet website, if available, about the business entities that are the beneficiary of the economic development subsidy, the start and end dates and schedule of the subsidy, other related information, and to hold public hearings and report on those subsidies at specified intervals.

This bill would define the term dispose for these purposes to mean the sale of the surplus property or a lease of any surplus property entered into on or after January 1, 2024, for a term longer than 15 years, including renewal options, as specified. The bill would also redefine the term agencys use to include use for transit or transit-oriented development, property owned by a port that is used to support logistics uses, airports, state tidelands, sites for broadband equipment or wireless facilities, and waste disposal sites. The bill would define a district relative to an agencys use to include infrastructure financing districts, enhanced infrastructure financing districts, community revitalization and investment authorities, affordable housing authorities, transit village development districts, and climate resilience districts. For districts to qualify commercial or industrial uses or activities, or property disposed of for the sole purpose of investment or generation of revenue as an agencys use, the bill would additionally require that the site be located within the jurisdiction of a local agency that has a legally compliant housing element and has been designated prohousing. districts if the land is located within a city, county, or city and county that has been found to have a substantially compliant housing element and has been designated prohousing by the Department of Housing and Community Development, as specified.

This bill would revise and recast certain of the provisions related to exempt surplus land, including surplus land that is not contiguous to land owned by a state or local agency, that is used for open space or low- and moderate- income housing purposes and meets specified conditions, surplus land that is a former parking lot that is conveyed to an owner of an adjacent property, and provisions related to mixed-use developments, among others. The bill would also specify that certain legal restrictions are valid legal restrictions and would require that for surplus land that is subject to valid legal restrictions to be considered exempt surplus land, the valid restrictions must be included as part of the local agencys above-described written findings. The bill would also include as exempt surplus land, land that is jointly developed or used for a joint development, land that was purchased using federal funds, land transferred to a community land trust, as specified, and additional categories of land determined by the department, including sites that are not suitable for housing.

This bill would authorize a local agency to administratively declare that land is exempt surplus land, if the local agency meets specified requirements, including, among other things, receiving a prohousing designation, posting the land is located within a city, county, or city and county that has been found to have a substantially compliant housing element and has been designated prohousing by the Department of Housing and Community Development, as specified, and if the local agency posted the declaration and findings on the local agencys internet website, and giving gave notice to specified entities at least 30 days before the declarations take took effect. The bill would specify that the law governing surplus land does not require a local agency to dispose of land that is determined to be surplus. The bill would specify that the requirements for the disposal of surplus land by a local agency do not apply to properties that a local agency proposes to sell, lease, or otherwise transfer under the above-described economic opportunity provisions.

Under existing law, a local agency that disposes of surplus land after receiving a notification from the Department of Housing and Community Development that the agency is in violation of the law is liable for 30% of the final sale price of the land. Existing law authorizes certain entities and interested persons to bring an action to enforce these provisions. Existing law grants a local agency 60 days to cure or correct an alleged violation before an action may be brought to enforce this provision, except as specified.

Existing law further requires the department to review, adopt, amend, or repeal guidelines to establish uniform standards to implement this provision and specifies that those guidelines are not subject to the Administrative Procedure Act.

This bill would additionally require the department to solicit public comments for 30 days and consider and respond in writing to the public comments prior to adopting, amending, or repealing the guidelines. The bill would additionally require the department to provide the local agency an appeals process to overturn an adverse action by the department affecting the local agency overseen by an independent trier of fact.

This bill would expand the applicability of those disposition procedures to December 31, 2025, as to property located in a city or county that entered into a legally binding agreement to dispose of the property prior to September 30, 2019, and the transferee has exercised one or more unilateral extension options which were a component of the original agreement.

With respect to land held in the Community Redevelopment Property Trust Fund or designated in a long-range property management plan either for sale or retained for future development, existing law provides that certain dispositions of real property by local agencies are subject to surplus land disposal procedures as they existed on December 31, 2019, if those dispositions are pursuant to specified legal agreements entered into not later than December 31, 2020, and the disposition is completed by December 31, 2022, or by December 31, 2024, if the property is located in a charter city with a population of over 2,000,000 persons and a local agency has an option agreement authorized by the local agencys governing body to purchase the property from the former redevelopment agency.

This bill would expand the applicability of those disposition procedures for which an agreement has been entered into by December 31, 2020, if the disposition is completed by December 31, 2025, and the property is located in a city or county that entered into a legally binding agreement to dispose of the property before September 30, 2019, and the transferee has exercised one or more unilateral extension options which were a component of the original agreement.

By imposing new duties on local agencies, the bill would impose a state-mandated local program.

Existing law provides that the creation of an economic opportunity under that law is subject to certain notice and disclosure provisions. These provisions require each local agency, before approving an economic development subsidy within its jurisdiction, to provide specified information in written form to the public and through its internet website, if available, about the business entities that are the beneficiary of the economic development subsidy, the start and end dates and schedule of the subsidy, other related information, and to hold public hearings and report on those subsidies at specified intervals.

This bill would subject the creation of an economic opportunity under the above-described provisions to only the above-described requirements regarding providing information to the public on that economic opportunity. The bill would specify that these provisions are an alternative to any other authority or procedures for cities and counties to acquire, sell, lease, or otherwise transfer real property owned by a city or county.

(2)Existing law prescribes requirements for the disposal of surplus land by a local agency. Existing law defines terms for these purposes. Existing law defines surplus land for those purposes to generally mean land owned in fee simple by a local agency for which the local agencys governing body takes formal action in a public meeting declaring that the land is surplus and not necessary for the agencys use. Existing law defines agencys use to include land that is being used, is planned to be used pursuant to a written plan adopted by the local agencys governing board, or is disposed of to support agency work or operations. Existing law excludes from agencys use commercial or industrial uses or activities, or property disposed of for the sole purpose of investment or generation of revenue, unless the local agency is a district, except as specified, and the agencys governing body takes specified actions in a public meeting. Existing law provides that these requirements do not apply to excludes from these requirements the disposal of exempt surplus land by an agency of the state or any local government. Existing law requires a local agency to declare land as either surplus land or exempt surplus land, as supported by written findings, before a local agency may take any action to dispose of it. Under existing law, exempt surplus land includes, among other types of land, property that is used by a district for an agencys use as expressly authorized, land for specified developments, including a mixed-use development, if put out to open, competitive bid by a local agency, as specified, and surplus land that is subject to specified valid legal restrictions.

This bill would define the term dispose for these purposes to mean the sale of the surplus property or a lease of any surplus property entered into on or after January 1, 2024, for a term longer than 35 15 years, including renewal options, as specified. The bill would also redefine the term agencys use to include use for transit or transit-oriented development, property owned by a port that is used to support logistics uses, airports, state tidelands, sites for broadband equipment or wireless facilities, and waste disposal sites. The bill would define a district relative to an agencys use to include infrastructure financing districts, enhanced infrastructure financing districts, community revitalization and investment authorities, affordable housing authorities, transit village development districts, and climate resilience districts. For districts to qualify commercial or industrial uses or activities, or property disposed of for the sole purpose of investment or generation of revenue as an agencys use, the bill would additionally require that the site be located within the jurisdiction of a local agency that has a legally compliant housing element and has been designated prohousing.

This bill would revise and recast certain of the provisions related to exempt surplus land, including surplus land that is not contiguous to land owned by a state or local agency, that is used for open space or low- and moderate- income housing purposes and meets specified conditions, surplus land that is a former parking lot that is conveyed to an owner of an adjacent property, and provisions related to mixed-use developments, among others. The bill would also specify that certain legal restrictions are valid legal restrictions and would require that for surplus land that is subject to valid legal restrictions to be considered exempt surplus land, the valid restrictions must be included as part of the local agencys above-described written findings. The bill would also include as exempt surplus land, land that is jointly developed or used for a joint development, land that was purchased using federal funds, land transferred to a community land trust, as specified, and additional categories of land determined by the department, including sites that are not suitable for housing.

This bill would authorize a local agency to administratively declare that land is exempt surplus land, if the local agency meets specified requirements, including, among other things, receiving a prohousing designation, posting the declaration and findings are posted on the local agencys internet website, published and available for public comment, including and giving notice to specified entities, entities at least 30 days before the declarations take effect. The bill would make the local agencys declaration presumed conclusive, except as specified. The bill would specify that the law governing surplus land does not require a local agency to dispose of land that is determined to be surplus. The bill would specify that the requirements for the disposal of surplus land by a local agency do not apply to properties that a local agency proposes to sell, lease, or otherwise transfer under the above-described economic opportunity provisions.

Under existing law, a local agency that disposes of surplus land after receiving a notification from the Department of Housing and Community Development that the agency is in violation of the law is liable for 30% of the final sale price of the land. Existing law authorizes certain entities and interested persons to bring an action to enforce these provisions. Existing law grants a local agency 60 days to cure or correct an alleged violation before an action may be brought to enforce this provision, except as specified.

This bill would additionally require the department to solicit public comments for 30 days and consider and respond in writing to the public comments prior to adopting, amending, or repealing the guidelines. The bill would additionally require the department to provide the local agency an appeals process to overturn an adverse action by the department affecting the local agency overseen by an independent trier of fact.

By imposing new duties on local agencies, the bill would impose a state-mandated local program.

(2)Existing law prescribes requirements for the disposal of surplus land by a local agency. Existing law defines surplus land for those purposes to generally mean land owned in fee simple by a local agency for which the local agencys governing body takes formal action in a public meeting declaring that the land is surplus and not necessary for the agencys use. Existing law provides that these requirements do not apply to the disposal of exempt surplus land by an agency of the state or any local government. Existing law requires a local agency to declare land as either surplus land or exempt surplus land, as supported by written findings, before a local agency may take any action to dispose of it. Under existing law, exempt surplus land includes, among other types of land, property that is used by a district for an agencys use as expressly authorized, land for specified developments, including a mixed-use development, if put out to open, competitive bid by a local agency, as specified, and surplus land that is subject to specified valid legal restrictions.

This bill would revise and recast certain of the provisions related to exempt surplus land, including surplus land that is not contiguous to land owned by a state or local agency, that is used for open space or low- and moderate- income housing purposes and meets specified conditions, surplus land that is a former parking lot that is conveyed to an owner of an adjacent property, and provisions related to mixed-use developments, among others. The bill would also specify that certain legal restrictions are valid legal restrictions and would require that for surplus land that is subject to valid legal restrictions to be considered exempt surplus land, the valid restrictions must be included as part of the local agencys above-described written findings. The bill would also include as exempt surplus land, land that is jointly developed or used for a joint development, land that was purchased using federal funds, land transferred to a community land trust, as specified, and additional categories of land determined by the department, including sites that are not suitable for housing.

This bill would authorize a local agency to administratively declare that land is exempt surplus land, if the declaration and findings are posted on the local agencys internet website, published and available for public comment, including giving notice to specified entities, at least 30 days before the declarations take effect. The bill would make the local agencys declaration presumed conclusive, except as specified. The bill would specify that the law governing surplus land does not require a local agency to dispose of land that is determined to be surplus. The bill would specify that the requirements for the disposal of surplus land by a local agency do not apply to properties that a local agency proposes to sell, lease, or otherwise transfer under the above-described economic opportunity provisions.

This bill would create an exception from that notice requirement if the prospective transferee is an affordable housing developer proposing to develop an affordable housing project on the site which that will meet or exceed a 25% affordability threshold, as described.

Under existing law, a local agency that disposes of surplus land after receiving a notification from the Department of Housing and Community Development that the agency is in violation of the law is liable for 30% of the final sale price of the land. Existing law authorizes certain entities and interested persons to bring an action to enforce these provisions. Existing law grants a local agency 60 days to cure or correct an alleged violation before an action may be brought to enforce this provision, except as specified.

This bill would additionally require the department to solicit public comments for 30 days and consider and respond in writing to the public comments prior to adopting, amending, or repealing the guidelines. The bill would additionally require the department to provide the local agency an appeals process to overturn an adverse action by the department affecting the local agency overseen by an independent trier of fact.

By imposing new duties on local agencies, the bill would impose a state-mandated local program.

This bill would define the term dispose for these purposes to mean the sale of the surplus property or a lease of any surplus property for a term longer than 35 years, including renewal options, as specified. The bill would also redefine the term agencys use to include use for transit or transit-oriented development, property owned by a port that is used to support logistics uses, airports, state tidelands, sites for broadband equipment or wireless facilities, and waste disposal sites. The bill would define a district relative to an agencys use to include infrastructure financing districts, enhanced infrastructure financing districts, community revitalization and investment authorities, affordable housing authorities, transit village development districts, and climate resilience districts.

This bill would revise and recast certain of the provisions related to exempt surplus land, including surplus land that is not contiguous to land owned by a state or local agency, that is used for open space or low- and moderate- income housing purposes and meets specified conditions, surplus land that is a former parking lot that is conveyed to an owner of an adjacent property, and provisions related to mixed-use developments, among others. The bill would also specify that certain legal restrictions are valid legal restrictions and would require that for surplus land that is subject to valid legal restrictions to be considered exempt surplus land, the valid restrictions must be included as part of the local agencys above-described written findings. The bill would also include as exempt surplus land, land that is jointly developed or used for a joint development, land that was purchased using federal funds, land transferred to a community land trust, as specified, and additional categories of land determined by the department, including sites that are not suitable for housing.

This bill would authorize a local agency to administratively declare that land is exempt surplus land, if the declaration and findings are published and available for public comment, including giving notice to specified entities, at least 30 days before the declarations take effect. The bill would make the local agencys declaration presumed conclusive, except as specified. The bill would specify that the law governing surplus land does not require a local agency to dispose of land that is determined to be surplus. The bill would specify that the requirements for the disposal of surplus land by a local agency do not apply to properties that a local agency proposes to sell, lease, or otherwise transfer under the above-described economic opportunity provisions.

This bill would create an exception from that notice requirement if the prospective transferee is an affordable housing developer proposing to develop an affordable housing project on the site which will meet or exceed a 25% affordability threshold, as described.

Under existing law, a local agency that disposes of surplus land after receiving a notification from the Department of Housing and Community Development that the agency is in violation of the law is liable for 30% of the final sale price of the land. Existing law authorizes certain entities and interested persons to bring an action to enforce these provisions. Existing law grants a local agency 60 days to cure or correct an alleged violation before an action may be brought to enforce this provision, except as specified.

This bill would additionally require the department to solicit public comments for 30 days and consider and respond in writing to the public comments prior to adopting, amending, or repealing the guidelines. The bill would additionally require the department to provide the local agency an appeals process to overturn an adverse action by the department affecting the local agency overseen by an independent trier of fact.

By imposing new duties on local agencies, the bill would impose a state-mandated local program.

Existing law, commonly referred to as the Surplus Land Act, imposes specified requirements on a local agency before it disposes of its surplus land, and imposes specified enforcement and reporting duties on the Department of Housing and Community Development. Among those requirements on a local agency, existing law requires a written notice of availability for developing low- and moderate-income housing to be sent to certain local public entities and to housing sponsors that have notified the department of their interest in surplus land.Existing law exempts the disposal of certain surplus land from the requirements of the Surplus Land Act, and defines exempt surplus land, for purposes of the act. Existing law authorizes a local agency, on an annual basis, to declare multiple parcels as surplus land or exempt surplus land, for purposes of the act, as supported by written findings. Existing administrative law requires a local agency making a determination that property is exempt surplus land to provide a copy of the written determination, as specified, to the department at least 30 days before disposition.This bill would authorize a local agency to declare administratively that land is exempt surplus land if the declaration and findings are published and available for public comment, and the local public entities and housing sponsors described above are notified at least 30 days before the declaration takes effect.

Version:

The people of the State of California do enact as follows:SECTION 1.Section 54221 of the Government Code, as amended by Section 3 of Chapter 40 of the Statutes of 2023, is amended to read:54221.

As used in this article, the following definitions shall apply:

(a)(1)Local agency means every 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.

(2)The Legislature finds and declares that the term district as used in this article includes all districts within the state, including, but not limited to, all special districts, sewer, water, utility, and local and regional park districts, and any other political subdivision of this state that is a district, and therefore the changes in paragraph (1) made by the act adding this paragraph that specify that the provisions of this article apply to all districts, including school, sewer, water, utility, and local and regional park districts of any kind or class, are declaratory of, and not a change in, existing law.

(2)Surplus land includes land held in the Community Redevelopment Property Trust Fund pursuant to Section 34191.4 of the Health and Safety Code and land that has been designated in the long-range property management plan approved by the Department of Finance pursuant to Section 34191.5 of the Health and Safety Code, either for sale or for future development, but does not include any specific disposal of land to an identified entity described in the plan.

(c)(1)Except as provided in paragraph (2), agencys use shall include, but not be limited to, land that is being used, or is planned to be used pursuant to a written plan adopted by the local agencys governing board, for agency work or operations, including, but not limited to, utility sites, property owned by a port that is used to support logistics uses, watershed property, land being used for conservation purposes, land for demonstration, exhibition, or educational purposes related to greenhouse gas emissions, sites for broadband equipment or wireless facilities, and buffer sites near sensitive governmental uses, including, but not limited to, waste disposal sites, and wastewater treatment plants. Agencys use by a local agency that is a district shall also include land disposed for uses described in subparagraph (B) of paragraph (2).

(2)(A)Agencys use shall not include commercial or industrial uses or activities, including nongovernmental retail, entertainment, or office development. Property disposed of for the sole purpose of investment or generation of revenue shall not be considered necessary for the agencys use.

(B)In the case of a local agency that is a district, excepting those whose primary mission or purpose is to supply the public with a transportation system, agencys use may include commercial or industrial uses or activities, including nongovernmental retail, entertainment, or office development or be for the sole purpose of investment or generation of revenue if the agencys governing body takes action in a public meeting declaring that the use of the site will do one of the following:

(i)Directly further the express purpose of agency work or operations.

(ii)Be expressly authorized by a statute governing the local agency, provided the district complies with Section 54233.5 if applicable.

(d)(1)Dispose means either of the following:

(A)The sale of the surplus land.

(B)The entering of a lease for surplus land, which is for a term longer than 15 years, inclusive of any extension or renewal options included in the terms of the initial lease, entered into on or after January 1, 2024.

(2)Dispose shall not mean either of the following:

(A)The entering of a lease for surplus land, which is for a term of 15 years or less, inclusive of any extension or renewal options included in the terms of the initial lease.

(B)The entering of a lease for surplus land on which no development or demolition will occur, regardless of the term of the lease.

(e)Open-space purposes means the use of land for public recreation, enjoyment of scenic beauty, or conservation or use of natural resources.

(f)(1)Except as provided in paragraph (2), exempt surplus land means any of the following:

(A)Surplus land that is transferred pursuant to Section 25539.4 or 37364.

(B)Surplus land that is less than one-half acre in area and is not contiguous to land owned by a state or local agency that is used for open-space or low- and moderate-income housing purposes.

(C)Surplus land that a local agency is exchanging for another property necessary for the agencys use.

(D)Surplus land that a local agency is transferring to another local, state, or federal agency, or to a third-party intermediary for future dedication for the receiving agencys use, or to a federally recognized California Indian tribe. If the surplus land is transferred to a third-party intermediary, the receiving agencys use must be contained in a legally binding agreement at the time of transfer to the third-party intermediary.

(E)Surplus land that is a former street, right-of-way, or easement, and is conveyed to an owner of an adjacent property.

(F)A housing development, which may have ancillary commercial ground floor uses, that restricts 100 percent of the residential units to persons and families of low or moderate income, with at least 75 percent of the residential units restricted to lower income households, as defined in Section 50079.5 of the Health and Safety Code, with an affordable sales price or an affordable rent, as defined in Section 50052.5 or 50053 of the Health and Safety Code, for a minimum of 55 years for rental housing and 45 years for ownership housing, and in no event shall the maximum affordable sales price or rent level be higher than 20 percent below the median market rents or sales prices for the neighborhood in which the site is located.

(G)A mixed-use development that is more than one acre in area, that includes not less than 300 residential units, and that restricts at least 25 percent of the residential units to lower income households, as defined in Section 50079.5 of the Health and Safety Code, with an affordable sales price or an affordable rent, as defined in Sections 50052.5 and 50053 of the Health and Safety Code, for a minimum of 55 years for rental housing and 45 years for ownership housing.

(H)Surplus land that is subject to a valid legal restriction that is not imposed by the local agency and that makes housing prohibited, unless there is a feasible method to satisfactorily mitigate or avoid the prohibition on the site. A declaration of exemption pursuant to this subparagraph shall be supported by documentary evidence establishing the valid legal restriction. For the purposes of this section, documentary evidence includes, but is not limited to, a contract, agreement, deed restriction, statute, regulation or other writing that documents the valid legal restriction.

(i)Valid legal restrictions include, but are not limited to, all of the following:

(I)Existing constraints under ownership rights or contractual rights or obligations that prevent the use of the property for housing, if the rights or obligations were agreed to prior to September 30, 2019.

(II)Conservation or other easements or encumbrances that prevent housing development.

(III)Existing leases, or other contractual obligations or restrictions, if the terms were agreed to prior to September 30, 2019.

(IV)Restrictions imposed by the source of funding that a local agency used to purchase a property, provided that both of the following requirements are met:

(ia)The restrictions limit the use of those funds to purposes other than housing.

(ib)The proposed disposal of surplus land meets a use consistent with that purpose.

(ii)Valid legal restrictions that would make housing prohibited do not include either of the following:

(I)An existing nonresidential land use designation on the surplus land.

(II)Covenants, restrictions, or other conditions on the property rendered void and unenforceable by any other law, including, but not limited to, Section 714.6 of the Civil Code.

(iii)Feasible methods to mitigate or avoid a valid legal restriction on the site do not include a requirement that the local agency acquire additional property rights or property interests belonging to third parties.

(I)Surplus land that was granted by the state in trust to a local agency or that was acquired by the local agency for trust purposes by purchase or exchange, and for which disposal of the land is authorized or required subject to conditions established by statute.

(J)Land that is subject to either of the following, unless compliance with this article is expressly required:

(i)Section 17388, 17515, 17536, 81192, 81397, 81399, 81420, or 81422 of the Education Code.

(ii)Part 14 (commencing with Section 53570) of Division 31 of the Health and Safety Code.

(K)Surplus land that is a former military base that was conveyed by the federal government to a local agency, and is subject to Article 8 (commencing with Section 33492.125) of Chapter 4.5 of Part 1 of Division 24 of the Health and Safety Code, provided that all of the following conditions are met:

(i) The former military base has an aggregate area greater than five acres, is expected to include a mix of residential and nonresidential uses, and is expected to include no fewer than 1,400 residential units upon completion of development or redevelopment of the former military base.

(ii)The affordability requirements for residential units shall be governed by a settlement agreement entered into prior to September 1, 2020. Furthermore, at least 25 percent of the initial 1,400 residential units developed shall be restricted to lower income households, as defined in Section 50079.5 of the Health and Safety Code, with an affordable sales price or an affordable rent, as defined in Sections 50052.5 and 50053 of the Health and Safety Code, for a minimum of 55 years for rental housing, 45 years for ownership housing, and 50 years for rental or ownership housing located on tribal trust lands.

(iii)Before disposition of the surplus land, the agency adopts written findings that the land is exempt surplus land pursuant to this subparagraph.

(iv)Before disposition of the surplus land, the recipient has negotiated a project labor agreement consistent with the local agencys project stabilization agreement resolution, as adopted on February 2, 2021, and any succeeding ordinance, resolution, or policy, regardless of the length of the agreement between the local agency and the recipient.

(v)The agency includes in the annual report required by paragraph (2) of subdivision (a) of Section 65400 the status of development of residential units on the former military base, including the total number of residential units that have been permitted and what percentage of those residential units are restricted for persons and families of low or moderate income, or lower income households, as defined in Section 50079.5 of the Health and Safety Code.

A violation of this subparagraph is subject to the penalties described in Section 54230.5. Those penalties are in addition to any remedy a court may order for violation of this subparagraph or the settlement agreement.

(L)Real property that is used by a district for an agencys use expressly authorized in subdivision (c).

(M)Land that has been transferred before June 30, 2019, by the state to a local agency pursuant to Section 32667 of the Streets and Highways Code and has a minimum planned residential density of at least 100 dwelling units per acre, and includes 100 or more residential units that are restricted to persons and families of low or moderate income, with an affordable sales price or an affordable rent, as defined in Sections 50052.5 and 50053 of the Health and Safety Code, for a minimum of 55 years for rental housing, 45 years for ownership housing, and 50 years for rental or ownership housing located on tribal trust lands. For purposes of this subparagraph, not more than 20 percent of the affordable units may be restricted to persons and families of moderate income and at least 80 percent of the affordable units must be restricted to lower income households as defined in Section 50079.5 of the Health and Safety Code.

(N)(i)Land that meets the following conditions:

(I)Land that is subject to a sectional planning area document that meets both of the following:

(ia)The sectional planning area was adopted prior to January 1, 2019.

(ib)The sectional planning area document is consistent with county and city general plans applicable to the land.

(II)The land identified in the adopted sectional planning area document was dedicated prior to January 1, 2019

(III)On January 1, 2019, the parcels on the land met at least one of the following conditions:

(ia)The land was subject to an irrevocable offer of dedication of fee interest requiring the land to be used for a specified purpose.

(ib)The land was acquired through a land exchange subject to a land offer agreement that grants the lands original owner the right to repurchase the land acquired by the local agency pursuant to the agreement if the land will not be developed in a manner consistent with the agreement.

(ic)The land was subject to a grant deed specifying that the property shall be used for educational uses and limiting other types of uses allowed on the property.

(IV)At least 25 percent of the units are dedicated to lower income households, as defined in Section 50079.5 of the Health and Safety Code, at an affordable rent, as defined by Section 50053 of the Health and Safety Code, or an affordable housing cost, as defined by Section 50052.5 of the Health and Safety Code, and subject to a recorded deed restriction for a period of 55 years for rental units and 45 years for owner-occupied units.

(V)The land is developed at an average density of at least 10 units per acre, calculated with respect to the entire sectional planning area.

(VI)No more than 25 percent of the nonresidential square footage identified in the sectional planning area document receives its first certificate of occupancy before at least 25 percent of the residential square footage identified in the sectional planning area document has received its first certificate of occupancy.

(VII)No more than 50 percent of the nonresidential square footage identified in the sectional planning area document receives its first certificate of occupancy before at least 50 percent of the residential square footage identified in the sectional planning area document has received its first certificate of occupancy.

(VIII)No more than 75 percent of the nonresidential square footage identified in the sectional planning area document shall receive its first certificate of occupancy before at least 75 percent of the residential square footage identified in the sectional planning area document has received its first certificate of occupancy.

(ii)The local agency includes in the annual report required by paragraph (2) of subdivision (a) of Section 65400 the status of development, including the total square footage of the residential and nonresidential development, the number of residential units that have been permitted, and what percentage of those residential units are restricted for persons and families of low or moderate income, or lower income households, as defined in Section 50079.5 of the Health and Safety Code.

(iii)The Department of Housing and Community Development may request additional information from the agency regarding land disposed of pursuant to this subparagraph.

(iv)At least 30 days prior to disposing of land declared exempt surplus land, a local agency shall provide the Department of Housing and Community Development a written notification of its declaration and findings in a form prescribed by the Department of Housing and Community Development. Within 30 days of receipt of the written notification and findings, the department shall notify the local agency if the department has determined that the local agency is in violation of this article. A local agency that fails to submit the written notification and findings shall be liable for a civil penalty pursuant to this subparagraph. A local agency shall not be liable for the civil penalty if the Department of Housing and Community Development does not notify the agency that the agency is in violation of this article within 30 days of receiving the written notification and findings. Once the department determines that the declarations and findings comply with subclauses (I) to (IV), inclusive, of clause (i), the local agency may proceed with disposal of land pursuant to this subparagraph. This clause is declaratory of, and not a change in, existing law.

(v)If the local agency disposes of land in violation of this subparagraph, the local agency shall be liable for a civil penalty calculated as follows:

(I)For a first violation, 30 percent of the greater of the final sale price or the fair market value of the land at the time of disposition.

(II)For a second or subsequent violation, 50 percent of the greater of the final sale price or the fair market value of the land at the time of disposition.

(III)For purposes of this subparagraph, fair market value shall be determined by an independent appraisal of the land.

(IV)An action to enforce this subparagraph may be brought by any of the following:

(ia)An entity identified in subdivisions (a) to (e), inclusive, of Section 54222.

(ib)A person who would have been eligible to apply for residency in affordable housing had the agency not violated this section.

(ic)A housing organization, as that term is defined in Section 65589.5.

(id)A beneficially interested person or entity.

(ie)The Department of Housing and Community Development.

(V)A penalty assessed pursuant to this subparagraph shall, except as otherwise provided, be deposited into a local housing trust fund. The local agency may elect to instead deposit the penalty moneys into the Building Homes and Jobs Trust Fund or the Housing Rehabilitation Loan Fund. Penalties shall not be paid out of funds already dedicated to affordable housing, including, but not limited to, Low and Moderate Income Housing Asset Funds, funds dedicated to housing for very low, low-, and moderate-income households, and federal HOME Investment Partnerships Program and Community Development Block Grant Program funds. The local agency shall commit and expend the penalty moneys deposited into the local housing trust fund within five years of deposit for the sole purpose of financing newly constructed housing units that are affordable to extremely low, very low, or low-income households.

(VI)Five years after deposit of the penalty moneys into the local housing trust fund, if the funds have not been expended, the funds shall revert to the state and be deposited in the Building Homes and Jobs Trust Fund or the Housing Rehabilitation Loan Fund for the sole purpose of financing newly constructed housing units located in the same jurisdiction as the surplus land and that are affordable to extremely low, very low, or low-income households. Expenditure of any penalty moneys deposited into the Building Homes and Jobs Trust Fund or the Housing Rehabilitation Loan Fund pursuant to this subdivision shall be subject to appropriation by the Legislature.

(vi)For purposes of this subparagraph, the following definitions apply:

(I)Sectional planning area means an area composed of identifiable planning units, within which common services and facilities, a strong internal unity, and an integrated pattern of land use, circulation, and townscape planning are readily achievable.

(II)Sectional planning area document means a document or plan that sets forth, at minimum, a site utilization plan of the sectional planning area and development standards for each land use area and designation.

(vii)This subparagraph shall become inoperative on January 1, 2034.

(O)Land that is owned by a California public-use airport on which residential uses are prohibited pursuant to Federal Aviation Administration Order 5190.6B, Airport Compliance Program, Chapter 20 -- Compatible Land Use and Airspace Protection.

(P)Land that is transferred to a community land trust, and all of the following conditions are met:

(i)The property is being or will be developed or rehabilitated as any of the following:

(I)An owner-occupied single-family dwelling.

(II)An owner-occupied unit in a multifamily dwelling.

(III)A member-occupied unit in a limited equity housing cooperative.

(IV)A rental housing development.

(ii)Improvements on the property are or will be available for use and ownership or for rent by qualified persons, as defined in paragraph (6) of subdivision (c) of Section 214.18 of the Revenue and Taxation Code.

(iii)(I)A deed restriction or other instrument, requiring a contract or contracts serving as an enforceable restriction on the sale or resale value of owner-occupied units or on the affordability of rental units is recorded on or before the lien date following the acquisition of the property by the community land trust.

(II)For the purpose of this clause, the following definitions apply:

(ia)A contract or contracts serving as an enforceable restriction on the sale or resale value of owner-occupied units means a contract described in paragraph (11) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code.

(ib)A contract or contracts serving as an enforceable restriction on the affordability of rental units means an enforceable and verifiable agreement with a public agency, a recorded deed restriction, or other legal document described in subparagraph (A) of paragraph (2) of subdivision (g) of Section 214 of the Revenue and Taxation Code.

(iv)A copy of the deed restriction or other instrument shall be provided to the assessor.

(Q)(i)For local agencies whose primary mission or purpose is to supply the public with a transportation system, surplus land that is developed for commercial, or industrial uses or activities, including nongovernmental retail, entertainment, or office development or for the sole purpose of investment or generation of revenue, if the agency meets all of the following conditions:

(I)The agency has an adopted land use plan or policy that designates at least 50 percent of the of the gross acreage covered by the adopted land use plan or policy for residential purposes. The adopted land use plan or policy shall also require the development of at least 300 residential units, or at least 10 residential units per gross acre, averaged across all land covered by the land use plan or policy, whichever is greater.

(II)The agency has an adopted land use plan or policy that requires at least 25 percent of all residential units to be developed on the parcels covered by the adopted land use plan or policy made available to lower income households, as defined in Section 50079 of the Health and Safety Code, at an affordable sales price or rented at an affordable rent, as defined in Sections 50052.5 and 50053 of the Health and Safety Code, for a minimum of 55 years for rental housing and 45 years for ownership housing. These terms shall be included in the land use plan or policy and dictate that they will be contained in a covenant or restriction recorded against the surplus land at the time of disposition that shall run with the land and be enforceable against any owner or lessee who violates the covenant or restriction and each successor in interest who continues the violation.

(III)Land disposed of for residential purposes shall issue a competitive request for proposals subject to the local agencys open, competitive solicitation process or put out to open, competitive bid by the local agency, provided that all entities identified in subdivision (a) of Section 54222 are invited to participate.

(IV)Prior to entering into an agreement to dispose of a parcel for non-residential development on land designated for the purposes authorized pursuant to this subparagraph in an agencys adopted land use plan or policy, the agency, since January 1, 2020, must have entered into an agreement to dispose of a minimum of 25 percent of the land designated for affordable housing pursuant to subclause (II).

(ii)The agency may exempt at one time all parcels covered by the adopted land use plan or policy pursuant to this subparagraph.

(R)Surplus land that satisfies all of the following conditions:

(i)The parcel is identified in the local agencys circulation element or capital improvement program for future roadway development.

(ii)The parcel is no larger than two acres.

(iii)The parcel and all adjacent parcels are zoned for retail commercial use, and the use of the parcel is consistent with the underlying zoning.

(iv)The parcel abuts a state highway right-of-way.

(2)Notwithstanding paragraph (1), a written notice of the availability of surplus land for open-space purposes shall be sent to the entities described in subdivision (b) of Section 54222 before disposing of the surplus land, provided the land does not meet the criteria in subparagraph (F) of paragraph (1), if the land is any of the following:

(A)Within a coastal zone.

(B)Adjacent to a historical unit of the State Parks System.

(C)Listed on, or determined by the State Office of Historic Preservation to be eligible for, the National Register of Historic Places.

(D)Within the Lake Tahoe region as defined in Section 66905.5.

(g)Persons and families of low or moderate income has the same meaning as provided in Section 50093 of the Health and Safety Code.

SEC. 1.5.Section 54221 of the Government Code, as amended by Section 3 of Chapter 40 of the Statutes of 2023, is amended to read:54221.

As used in this article, the following definitions shall apply:

(3)Nothing in this article prevents a local agency from obtaining fair market value for the disposition of surplus land consistent with Section 54226.

(4)Notwithstanding paragraph (1), a local agency is not required to make a declaration at a public meeting for land that is exempt surplus land pursuant to subparagraph (A), (B), (E), (K), (L), or (Q) of paragraph (1) of subdivision (f) if the local agency identifies the land in a notice that is published and available for public comment, including notice to the entities identified in subdivision (a) of Section 54222, at least 30 days before the exemption takes effect.

(i)Directly further the express purpose of agency work or operations.

(ii)Be expressly authorized by a statute governing the local agency, provided the district complies with Section 54233.5 if applicable.

(d)(1) Dispose means either of the following:

(A)The sale of the surplus land.

(2)Dispose shall not mean either of the following:

(A)The entering of a lease for surplus land, which is for a term of 15 years or less, inclusive of any extension or renewal options included in the terms of the initial lease.

(B)The entering of a lease for surplus land on which no development or demolition will occur, regardless of the term of the lease.

(e)Open-space purposes means the use of land for public recreation, enjoyment of scenic beauty, or conservation or use of natural resources.

(f)(1)Except as provided in paragraph (2), exempt surplus land means any of the following:

(A)Surplus land that is transferred pursuant to Section 25539.4 or 37364.

(B)Surplus land that is less than one-half acre in area and is not contiguous to land owned by a state or local agency that is used for open-space or low- and moderate-income housing purposes.

(C)Surplus land that a local agency is exchanging for another property necessary for the agencys use. Property may include easements necessary for the agencys use.

(E)Surplus land that is a former street, right-of-way, or easement, and is conveyed to an owner of an adjacent property.

(F)(i)A housing development, which may have ancillary commercial ground floor uses, that restricts 100 percent of the residential units to persons and families of low or moderate income, with at least 75 percent of the residential units restricted to lower income households, as defined in Section 50079.5 of the Health and Safety Code, with an affordable sales price or an affordable rent, as defined in Section 50052.5 or 50053 of the Health and Safety Code, for a minimum of 55 years for rental housing, 45 years for ownership housing, and 50 years for rental or ownership housing located on tribal trust lands, and in no event shall the maximum affordable sales price or rent level be higher than 20 percent below the median market rents or sales prices for the neighborhood in which the site is located.

(ii)The requirements of clause (i) shall be contained in a covenant or restriction recorded against the surplus land at the time of sale that shall run with the land and be enforceable against any owner who violates the covenant or restriction and each successor in interest who continues the violation.

(G)(i)Surplus land that is subject to a local agencys open, competitive solicitation or that is put to open, competitive bid by a local agency, provided that all entities identified in subdivision (a) of Section 54222 will be invited to participate in the process, for a housing or a mixed-use development that is more than one acre and less than 10 acres in area, consisting of either a single parcel, or two or more adjacent or non-adjacent parcels combined, that includes not less than 300 residential units, and that restricts at least 25 percent of the residential units to lower income households, as defined in Section 50079.5 of the Health and Safety Code, with an affordable sales price or an affordable rent, as defined in Sections 50052.5 and 50053 of the Health and Safety Code, for a minimum of 55 years for rental housing, 45 years for ownership housing, and 50 years for rental or ownership housing located on tribal trust lands.

(H)(i)Surplus land totaling 10 or more acres, consisting of either a single parcel, or two or more adjacent or non-adjacent parcels combined for disposition to one or more buyers pursuant to a plan or ordinance adopted by the legislative body of the local agency, or a state statute. That surplus land shall be subject to a local agencys open, competitive solicitation process or put out to open, competitive bid by a local agency, provided that all entities identified in subdivision (a) of Section 54222 will be invited to participate in the process for a housing or mixed-use development.

(ii)The aggregate development shall include the greater of the following:

(I)Not less than three hundred residential units.

(II)A number of residential units equal to 10 times the number of acres of the surplus land or 10,000 residential units, whichever is less.

(iii)At least 25 percent of the residential units shall be restricted to lower income households, as defined in Section 50079.5 of the Health and Safety Code, with an affordable sales price or an affordable rent pursuant to Sections 50052.5 and 50053 of the Health and Safety Code, for a minimum of 55 years for rental housing, 45 years for ownership housing, and 50 years for rental or ownership housing located on tribal trust lands.

(iv)If nonresidential development is included in the development pursuant to this subparagraph, at least 25 percent of the total planned units affordable to lower income households shall be made available for lease or sale and permitted for use and occupancy before or at the same time with every 25 percent of nonresidential development made available for lease or sale and permitted for use and occupancy.

(v)A violation of this subparagraph is subject to the penalties described in Section 54230.5. Those penalties are in addition to any remedy a court may order for violation of this subparagraph. A local agency shall only dispose of land pursuant to this subparagraph through a disposition and development agreement that includes an indemnification clause that provides that if an action occurs after disposition violates this subparagraph, the person or entity that acquired the property shall be liable for the penalties.

(vi)The requirements of clauses (i) to (v), inclusive, shall be contained in a covenant or restriction recorded against the surplus land at the time of sale that shall run with the land and be enforceable against any owner who violates the covenant or restriction and each successor in interest who continues the violation.

(I)A mixed-use development, which may include more than one publicly owned parcel, that meets all of the following conditions:

(i)The development restricts at least 25 percent of the residential units to lower income households, as defined in Section 50079.5 of the Health and Safety Code, with an affordable sales price or an affordable rent, as defined in Sections 50052.5 and 50053 of the Health and Safety Code, for a minimum of 55 years for rental housing, 45 years for ownership housing, and 50 years for rental or ownership housing located on tribal trust lands.

(ii)At least 50 percent of the square footage of the new construction associated with the development is designated for residential use.

(iii)The development is not located in an urbanized area, as defined in Section 21094.5 of the Public Resources Code.

(J)Surplus land that is subject to a valid legal restriction that is not imposed by the local agency and that makes housing prohibited, unless there is a feasible method to satisfactorily mitigate or avoid the prohibition on the site. A declaration of exemption pursuant to this subparagraph shall be supported by documentary evidence establishing the valid legal restriction. For the purposes of this section, documentary evidence includes, but is not limited to, a contract, agreement, deed restriction, statute, regulation or other writing that documents the valid legal restriction.

(ii)Valid legal restrictions include, but are not limited to, all of the following: