Bill Text: CA AB2450 | 2015-2016 | Regular Session | Chaptered

California Assembly Bill 2450 (Prior Session Legislation)

Bill Title: Property taxation.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2016-09-12 - Chaptered by Secretary of State - Chapter 300, Statutes of 2016. [AB2450 Detail]

Download: California-2015-AB2450-Chaptered.html

BILL NUMBER: AB 2450	CHAPTERED
	BILL TEXT

	CHAPTER  300
	FILED WITH SECRETARY OF STATE  SEPTEMBER 12, 2016
	APPROVED BY GOVERNOR  SEPTEMBER 12, 2016
	PASSED THE SENATE  AUGUST 16, 2016
	PASSED THE ASSEMBLY  AUGUST 23, 2016
	AMENDED IN SENATE  AUGUST 2, 2016
	AMENDED IN SENATE  JUNE 15, 2016
	AMENDED IN ASSEMBLY  APRIL 25, 2016
	AMENDED IN ASSEMBLY  APRIL 12, 2016

INTRODUCED BY   Assembly Member Achadjian

                        FEBRUARY 19, 2016

   An act to amend Section 5091 of, and to add Section 402.2 to, the
Revenue and Taxation Code, relating to property tax.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2450, Achadjian. Property taxation.
   Existing property tax law requires the county assessor to
consider, when valuing real property for property taxation purposes,
the effect of any enforceable restrictions to which the use of the
land may be subjected. Under existing law these restrictions include,
but are not limited to, zoning, recorded contracts with governmental
agencies, and various other restrictions imposed by governments.
   This bill would require contracts with governmental agencies that
restrict the use of the property to owner-occupied housing available
at affordable housing cost to be recorded. The bill would provide
that this requirement would not prevent the assessor from considering
a contract that restricts the use of the property to owner-occupied
housing available at affordable housing cost, including under any
locally adopted inclusionary housing program, for purposes of
assessing real property, as provided.
   The California Constitution exempts from property taxation
property that is owned by the state or, with certain exceptions, by
local governments. Existing property tax law establishes a procedure
by which a public entity may cancel property taxes on property that
it acquires. Under existing law, if a public entity proposes to
acquire property for public use that will make the property exempt
from taxation, the public entity is required to give notice to the
county tax collector and to other public entities whose taxes are not
collected by the county tax collector, as provided.
   This bill would additionally require the public entity to give
notice to the county assessor.
   By adding to the duties of local government officials, this 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 these
statutory provisions.


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

  SECTION 1.  Section 402.2 is added to the Revenue and Taxation
Code, to read:
   402.2.  Contracts with government agencies restricting the use of
property for owner-occupied housing available at affordable cost
shall be recorded. Nothing in this section shall be construed to
prevent the assessor from considering a contract that restricts the
use of the property to owner-occupied housing available at affordable
housing cost, including under any locally adopted inclusionary
housing program, for purposes of applying Section 402.1 or
subdivision (a) of Section 110.
  SEC. 2.  Section 5091 of the Revenue and Taxation Code is amended
to read:
   5091.  (a) If a public entity proposes to acquire property for a
public use that will make the property exempt from taxation, the
public entity shall give notice to the county assessor, the county
tax collector, and to any public entities whose taxes are not
collected by the county tax collector but who at the time exercise
the right of assessment and taxation.
   (b) The notice shall be given within a reasonable time following
the initial budgeting of funds for the proposed acquisition, and
shall state all of the following:
   (1) The approximate extent of the proposed project.
   (2) The estimated time of completion of all acquisitions necessary
for the proposed project.
   (c) This section creates no rights or liabilities and does not
affect the validity of any property acquisitions by negotiated
purchase or eminent domain.
  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.