Bill Text: CA SB1134 | 2023-2024 | Regular Session | Introduced

California Senate Bill 1134 (Prior Session Legislation)

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

Bill Title: Surplus land.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2024-08-20 - Ordered to inactive file on request of Assembly Member Aguiar-Curry. [SB1134 Detail]

Download: California-2023-SB1134-Introduced.html

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill

No. 1134

Introduced by Senator Caballero

February 13, 2024

An act to amend Section 54222 of the Government Code, relating to surplus land.

LEGISLATIVE COUNSEL'S DIGEST

SB 1134, as introduced, Caballero. Surplus land.

Existing law prescribes requirements for the disposal of surplus land by a local agency. Existing law requires a local agency to take formal action in a regular public meeting to declare that land is surplus and is not necessary for the agency’s use and 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 consistent with an agency’s policies or procedures. Different requirements apply to disposal, depending on the declaration as “surplus land” or “exempt surplus land” as existing law defines those terms. Existing law, except as specified, requires any local agency disposing of surplus land to send, before disposing of that property or participating in negotiations to dispose of that property with a prospective transferee, a written notice of availability of the property to entities specific to the purpose of the availability.

This bill would correct a cross-reference in that notice provision and make other nonsubstantive changes.

Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO

The people of the State of California do enact as follows:

SECTION 1.

Section 54222 of the Government Code is amended to read:

54222.

Except as provided in Division 23 (commencing with Section 33000) of the Public Resources Code, any local agency disposing of surplus land, declared pursuant to subdivision (b) of Section ~~54221.5,~~ 54221, shall send, before disposing of that property or participating in negotiations to dispose of that property with a prospective transferee, a written notice of availability of the property to all of the following:

(a) (1) A written notice of availability for developing low- and moderate-income housing shall be sent to any local public entity, as defined in Section 50079 of the Health and Safety Code, that has jurisdiction where the surplus land is located. Housing sponsors, as defined by Section 50074 of the Health and Safety Code, that have notified the Department of Housing and Community Development of their interest in surplus land shall be sent a notice of availability for the purpose of developing low- and moderate-income housing. All notices shall be sent by electronic mail, or by certified mail, and shall include the location and a description of the property.

(2) The Department of Housing and Community Development shall maintain on its internet website an up-to-date listing of, and a link to, all notices of availability throughout the state and a listing 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.

(b) A written notice of availability for open-space purposes shall be ~~sent:~~ sent as follows:

(1) To any park or recreation department of any city within which the surplus land is located.

(2) To any park or recreation department of the county within which the surplus land is located.

(3) To any regional park authority having jurisdiction within the area in which the surplus land is located.

(4) To the ~~State~~ Natural Resources Agency or any agency that may succeed to its powers.

(c) A written notice of availability of land suitable for school facilities construction or use by a school district for open-space purposes shall be sent to any school district that has jurisdiction where the surplus land is located.

(d) A written notice of availability for developing property located within an infill opportunity zone designated pursuant to Section 65088.4 or within an area covered by a transit village plan adopted pursuant to the Transit Village Development Planning Act of 1994 (Article 8.5 (commencing with Section 65460) of Chapter 3 of Division 1 of Title 7) shall be sent to any county, city, city and county, successor agency to a former redevelopment agency, public transportation agency, or housing authority within whose jurisdiction the surplus land is located.

(e) The entity desiring to purchase or lease the surplus land for any of the purposes authorized by this section shall notify in writing the disposing agency of its interest in purchasing or leasing the land within 60 days after the agency’s notice of availability is sent via certified mail or provided via electronic mail.

(f) For the purposes of this section, “participating in negotiations” does not include the any of the following:

(1) The commissioning of appraisals, due diligence prior to disposition, discussions with brokers or real estate agents not representing a potential buyer, or other studies to determine value or best use of land, issuance of a request for qualifications, development of marketing materials, or discussions conducted exclusively among local agency employees and elected officials.

(2) Issuing a request for proposals or request for qualifications to the entities in subdivision (a) of ~~Section 54222~~ this section for the purposes of complying with subparagraphs (A), (F), (G), (H), or (I) of paragraph (1) of subdivision (f) of Section 54221.

(3) Negotiating a lease, exclusive negotiating agreement, or option agreement for the purposes of complying with subparagraphs (A), (F), (G), (H), or (I) of paragraph (1) of subdivision (f) of Section 54221.

(4) Negotiating with a developer to determine if the local agency can satisfy the disposal exemption requirements described in paragraph (2) of subdivision (d) of Section 54221.