Bill Text: CA AB2208 | 2015-2016 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Local planning: housing element: inventory of land for residential development.

Spectrum: Bipartisan Bill

Status: (Passed) 2016-09-22 - Chaptered by Secretary of State - Chapter 460, Statutes of 2016. [AB2208 Detail]

Download: California-2015-AB2208-Introduced.html

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BILL NUMBER: AB 2208	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Santiago

                        FEBRUARY 18, 2016

   An act to add Sections 15810 and 25351.7 to the Government Code,
relating to public buildings, and making an appropriation therefore.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2208, as introduced, Santiago. Public building construction and
seismic retrofit: additional affordable housing structures or
levels.
   Existing law establishes the powers of the State Public Works
Board, for the purposes of the State Building Construction Act of
1955, including the authority to construct public buildings, as
defined. Existing law requires all moneys received by the board from
whatever source derived, to be deposited in the State Treasury to the
credit of the Public Buildings Construction Fund, which is
continuously appropriated to the board for specific purposes.
   This bill would require, before constructing, including seismic
retrofitting, a public building with state funds, the board to sell
the air rights above the public building to a private or nonprofit
developer to construct affordable housing above the public building.
The bill would also require the public works contract to construct
the public building to include provisions that require the building
to be constructed or retrofitted to accommodate additional structures
or levels that may be added by a private or nonprofit developer to
provide affordable housing. By increasing the amount of funds
deposited into a continuously appropriated fund, this bill would make
an appropriation.
   Existing law authorizes the board of supervisors of a county to
construct, expand, lease, build, rebuild, furnish, refurnish, or
repair various public buildings, including a hospital, courthouse,
jail, historical museum, aquarium, library, art gallery, art
institute, exposition building for exhibiting and advertising
farming, mining, manufacturing, livestock raising, and other
resources of the county, stadium, coliseum, sports arena, or sports
pavilion or other building for holding sports events, exhibitions,
and other public meetings. Existing law authorizes a county or city
and county to enter into leases and agreements relating to real
property and buildings to be used jointly by the county or city and
county and any private person, firm, or corporation.
   This bill would require, before constructing, including seismic
retrofitting, a public building with state funds, the board of
supervisors to sell the air rights above the public building to a
private or nonprofit developer to construct affordable housing above
the public building. The bill would also require the public works
contract to construct the public building to include provisions that
require the building to be constructed or retrofitted to accommodate
additional structures or levels that may be added by a private or
nonprofit developer to provide affordable housing.
   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 these
statutory provisions.
   Vote: majority. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 15810 is added to the Government Code, to read:

   15810.  (a) Notwithstanding any law before constructing, which
includes seismic retrofitting, a public building with state funds,
the board shall sell the air rights above the public building to a
private or nonprofit developer to construct affordable housing above
the public building.
   (b) Notwithstanding any law, when state funds are used to
construct, including seismically retrofit, a public building, the
public works contract shall include provisions that require the
building to be constructed or retrofitted to accommodate additional
structures or levels that may be added by a private or nonprofit
developer to provide affordable housing.
  SEC. 2.  Section 25351.7 is added to the Government Code, to read:
   25351.7.  (a) Notwithstanding any law before constructing, which
includes seismic retrofitting, a public building with state funds,
the board of supervisors shall sell the air rights above the public
building to a private or nonprofit developer to construct affordable
housing above the public building.
   (b) Notwithstanding any law, when state funds are used to
construct, including seismically retrofit, a public building, the
public works contract shall include provisions that require the
building to be constructed or retrofitted to accommodate additional
structures or levels that may be added by a private or nonprofit
developer to provide affordable housing.
  SEC. 3.  If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.