Brian Augusta & Associates - Santa Monica · 2015-03-10 · Brian Augusta & Associates 1553 36th...
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1 Brian Augusta & Associates 1553 36th Street Sacramento, California 95818 [email protected] To: Commissioners, Santa Monica Rent Control Board Tracy Condon, Administrator Stephen Lewis, General Counsel From: Brian Augusta and Michael Moynagh Date: 3/10/2105 Re: State Legislative Report _______________________________________________________________________________ The new biennial session has brought forth a host of new bills and even some new ideas in state landlord‐tenant and housing law. The deadline for introducing bills was 2/27. For those bills introduced as “intent” or “spot” bills – bills with placeholder language that will be replaced later with substantive language – that language needs to go in before the bills may be heard in committee. Bills with a fiscal effect must be passed by the policy committee(s) hearing it by 5/1; otherwise that deadline is 5/15. The Housing & Community Development Committee in the Assembly and the Judiciary Committee in the Senate typically hear rent control bills, while both the Assembly and Senate Judiciary committees generally hear landlord‐tenant bills. The Judiciary committees have new chairs this year: Hannah‐Beth Jackson (D‐Santa Barbara) in the Senate Judiciary and Mark Stone (D‐Monterey Bay) in the Assembly. Ed Chau (D‐Monterey Park) remains as chair of Assembly Housing. In this report, we highlight the newly‐introduced rent control, landlord‐tenant, and other housing bills. See the accompanying chart for brief synopses of all the 150+ housing bills that were introduced. Rent Control Senator Leno has re‐introduced his San Francisco‐only Ellis Act anti‐speculation bill, this time as SB 364. The bill would prohibit a residential property from being withdrawn from the rental market (which includes evicting all the current tenants) under the Ellis Act, unless the owner had owned the property for at least 5 years. Last year’s version, SB 1439, failed 3‐4 in Assembly Housing Committee. As with last year’s bill, the author is positioning this legislation as a “district bill”; i.e., a bill that only applies in his home district of San Francisco. Members are often given more leeway with district bills. Consequently, the chance of it being amended to apply statewide is quite small.
Transcript of Brian Augusta & Associates - Santa Monica · 2015-03-10 · Brian Augusta & Associates 1553 36th...
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Brian Augusta & Associates
1553 36th Street Sacramento, California 95818
To: Commissioners, Santa Monica Rent Control Board Tracy Condon, Administrator Stephen Lewis, General Counsel From: Brian Augusta and Michael Moynagh Date: 3/10/2105 Re: State Legislative Report _______________________________________________________________________________ The new biennial session has brought forth a host of new bills and even some new ideas in state landlord‐tenant and housing law. The deadline for introducing bills was 2/27. For those bills introduced as “intent” or “spot” bills – bills with placeholder language that will be replaced later with substantive language – that language needs to go in before the bills may be heard in committee. Bills with a fiscal effect must be passed by the policy committee(s) hearing it by 5/1; otherwise that deadline is 5/15. The Housing & Community Development Committee in the Assembly and the Judiciary Committee in the Senate typically hear rent control bills, while both the Assembly and Senate Judiciary committees generally hear landlord‐tenant bills. The Judiciary committees have new chairs this year: Hannah‐Beth Jackson (D‐Santa Barbara) in the Senate Judiciary and Mark Stone (D‐Monterey Bay) in the Assembly. Ed Chau (D‐Monterey Park) remains as chair of Assembly Housing. In this report, we highlight the newly‐introduced rent control, landlord‐tenant, and other housing bills. See the accompanying chart for brief synopses of all the 150+ housing bills that were introduced.
Rent Control Senator Leno has re‐introduced his San Francisco‐only Ellis Act anti‐speculation bill, this time as SB 364. The bill would prohibit a residential property from being withdrawn from the rental market (which includes evicting all the current tenants) under the Ellis Act, unless the owner had owned the property for at least 5 years. Last year’s version, SB 1439, failed 3‐4 in Assembly Housing Committee. As with last year’s bill, the author is positioning this legislation as a “district bill”; i.e., a bill that only applies in his home district of San Francisco. Members are often given more leeway with district bills. Consequently, the chance of it being amended to apply statewide is quite small.
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SB 775 (Allen) is a spot bill that will clarify under which circumstances a tenant’s delivery of a rent payment is deemed accepted by the landlord. The bill is intended to address situations where the landlord, for various reasons, does not want to accept the rent tendered by the tenant (e.g., to put the tenant in default of payment in order to evict).
Landlord‐Tenant AB 551 (Nazarian) would take the first steps toward providing adequate and reasonable notice and treatment requirements for bedbug infestations in residential rental properties. The bill is modeled on some of the current regulations in San Francisco. Landlords would generally have to contract with a licensed pest control operator to eradicate the bedbugs, while tenants would be required to participate in the steps required by the operator (e.g., unit preparation, washing of clothing and bedding). The bill also establishes timelines for treatment, and generally requires the process to conform to the best practices of the National Pest Management Association. Senator Wolk is again authoring legislation to regulate the operation and billing practices for landlord‐operated water sub‐meters. SB 7 would also mandate installation of individual meters in all new multifamily residential construction, as is already required in Santa Monica. AB 401 would direct the state Community Services Department to develop a program for assistance to low‐income households with their water bills. AB 447 (Maienschein) would require insurers to insure rental properties with assisted units, or where the landlord has rented to a federal Section 8 voucher holder, and prohibit an insurer from charging a higher premium on such properties. These practices are already arguably illegal and at least one California case is pending on the subject. SB 761 (Hall) is a spot bill regarding short‐term rentals sponsored by the California Apartment Association. It will likely require better disclosure for those companies that list properties available on the internet. Another bill, AB 1220 (Harper), would prohibit cities and counties from imposing transit occupancy (hotel) taxes on short term rentals. Existing statutory law contains a listing of conditions that, to the extent the condition endangers health, safety, or welfare, the building shall be declared substandard. SB 655 (Mitchell) would add to the list “Any visible or otherwise demonstrable mold growth, excluding the presence of mold that is caused by inappropriate housekeeping practices or improper use of natural or mechanical ventilation.” AB 418 (Chiu) would make permanent the ability for survivors of domestic abuse, elder abuse, human trafficking, and others in similar situations to use alternate documentation to terminate a lease. It would also limit the responsibility to pay rent to no more than 14 days after leaving, and require the return of the security deposit in 14 days. Return of the deposit within 14 days was the rule for all tenants until the state law was changed in 1993. SB 328 (Hueso) would provide current tenants with a notice of the use of pesticides at the dwelling unit, if the landlord or his or her authorized agents apply any pesticide without a licensed pest control operator. Part of SB 160 (Leno) would add electronic cigarettes to the state law section governing smoking in residential rental units. It would not alter the existing provisions in state law that allow cities to enact their own standards and that keep local laws concerning changes in the terms of a tenancy and just
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cause eviction intact. Last year a Realtor‐sponsored bill was signed by the Governor and went into effect on 1/1/2015 that set up a pilot program in 3 cities to allow a streamlined process to remove alleged squatters from one‐to‐four unit properties. Opponents argued that the program compromises many protections, and that some landlords will call law enforcement and claim that legitimate tenants are trespassers. A new bill, AB 205, would extend that 2‐month old program to several more cities and counties in the north part of the state. AB 1056 is part of Speaker Toni Atkins’ affordable housing package (see more below). The bill would authorize a public housing authority to create a housing support program, which would provide rental assistance to persons who were formerly incarcerated, together with rapid rehousing and other services.
Fair Housing AB 396 (Jones‐Sawyer) would add prior criminal records to the types of discrimination prohibited by the California Fair Employment & Housing Act. As such, it would prohibit landlords, real estate agents, and lenders from discriminating based upon a person having a criminal record. There is an exception when denial is based upon federal law (e.g., certain types of convictions bar a person from public housing). SB 600 (Pan) is a spot bill intended to address discrimination on the basis of immigration status, citizenship, or language.
Codes, Building Standards Assembly Member Nazarian has re‐introduced his bill to allow a 30% state income tax credit for seismic retrofitting of buildings. AB 428 is essentially the same as last year’s AB 1510, which the Administration opposed on financial grounds. The bill is not limited to multifamily or even residential properties, though “soft story buildings, nonductile concrete residential buildings, and pre‐1994 concrete residential buildings” are specifically mentioned. In opposing last year’s bill, the state Department of Finance noted without comment the author’s statements that the bill would save substantial amounts of public and private money for disaster relief. Instead, the Department stated:
The Department of Finance is opposed to this bill because it could result in annual General Fund revenue losses of millions of dollars beginning in 2014‐15, which are not included in the Governor's revised budget. Further, this bill may subsidize activity that would have occurred anyway, as property owners may choose to seismic retrofit their property simply to protect their investment.
SB 602 (Monning) would allow the California Earthquake Authority (CEA) to create a new voluntary financing tool for “dwelling owners” to mitigate and retrofit their homes. The Property Secured Mitigation Program would allow the CEA to provide 100% financing loans for residential mitigation projects that meet approved engineering guidelines. The loan would become a lien on the property and allow owners to pay for the costs in installments in the form of debt service payments collected through existing property tax collection mechanisms. The lien would stay with the property upon sale. It is unclear if the bill would be limited to owner‐occupied properties. A third bill, AB 1429 (Chiu), is a spot bill apparently intended to provide some sort of financial assistance to homeowners for seismic retrofits.
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AB 514 (Williams) would eliminate fine amounts specified in state statute for violations of local building and safety code ordinances determined to be an infraction. Instead local governments would establish the amounts subject to state standards (e.g., the amount of the fine could be based upon the severity of the threat to public health and safety).
Speaker’s Housing Package Speaker Toni Atkins unveiled her plan to address the state’s affordable housing crisis at an LA press conference a couple of weeks ago. Front and center is this year’s effort to secure a permanent source for affordable housing, AB 1335. As with prior bills, the central mechanism of the proposal will be a $75 surcharge on some property transfer documents, estimated to create between $300 to $500 million dollars in funding. To help gain passage this year, a cap on the total amount for a particular transaction is being explored. Other portions of the package are AB 35 (Chiu), which would increase the state’s current low income housing tax credit limit from $75 million to $375 million; AB 90 (Atkins), establishing how dollars from the National Housing Trust Fund would be allocated, and AB 1056 (Atkins), rental assistance for recently incarcerated persons (see above).
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Existing law authorizes the legislative body of a city, county, or city and county to collect any fee, cost, or charge incurred in specified activities, including the abatement of public nuisances, enforcement of specified zoning ordinances, inspections and abatement of violations of the State Housing Law, inspections and abatement of violations of the California Building Standards Code, and inspections and abatement of violations related to local ordinances that implement these laws. Existing law limits the amount of this fee, cost, or charge to the actual cost incurred performing the inspections and enforcement activity, including permit fees, fines, late charges, and interest.Existing law authorizes the legislative body of a local agency to make, by ordinance, any violation of an ordinance subject to an administrative fine or penalty and limits the maximum fine or penalty amounts for infractions, as specified. For violations of city or county building and safety codes determined to be an infraction, existing law limits the amount of the fine to $100 for a first violation, $500 for a second violation of the same ordinance within one year, and $1,000 for each additional violation of the same ordinance within one year of the first violation.
This bill would eliminate these fine amounts for violations of local building and safety code ordinances determined to be an infraction and instead require a maximum fine or penalty amount for a violation of those local building and safety ordinances to be established by ordinance that is subject to specified requirements. By requiring cities and counties to establish these fine or penalty amounts by ordinance, the bill would impose a state mandated local program.The California Building Standards Law establishes the California Building Standards Commission and requires the commission to appoint an executive director. The law authorizes the commission to appoint advisory panels from the design professions, the building and construction industry, the affected general public, and interested governmental agencies to advise the commission and its staff.This bill would authorize the commission to also appoint individuals from the energy and resource efficiency professions to an advisory panel. This bill would state the intent of the Legislature to enact legislation that would promote the creation of energy and resource efficient homes in California.Existing law requires the replacement of plumbing fixtures that are not water conserving, as defined as noncompliant plumbing fixtures, in residential and commercial real property built and available for use on or before January 1, 1994, as specified.This bill would make technical, nonsubstantive changes to these provisions.
Prior law, until January 1, 2014, required manufacturers selling water closets or urinals in this state to offer high-efficiency models for sale in a specified percentage of all models offered, including 50% by January 1, 2010, 67% by January 1, 2011, 75% by January 1, 2012, 85% by January 1, 2013, and 100% by January 1, 2014. It required these manufacturers, by January 30 of 2010, 2011, 2012, and 2013, to inform, in writing, the California Energy Commission of the percentage of high-efficiency models it is offering for sale that year. A violation of these requirements is a misdemeanor.This bill would, beginning January 1, 2017, instead prohibit manufacturers selling water closets, urinals, bathroom faucets, and shower heads from installing or selling any of the aforementioned plumbing fixtures that do not meet WaterSense standards set by the federal Environmental Protection Agency, as specified.
AB 723
Ren
don
D Plumbing fixtures: WaterSense standards.
AB 576
Ting
D California Building Standards Commission: advisory panels.
AB 697
Chu
D Water-conserving plumbing fixtures.
Brian Augusta & Associates1553 36th Street
Sacramento, California 95818
New 2015 California Housing Bills
Codes/Building Standards
AB 514
Willi
ams
D Ordinances: violations: fines.
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(1) Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including electrical corporations and gas corporations, as defined. Existing law requires the commission to require an electrical or gas corporation to perform home weatherization services for low-income customers, if the commission determines that a significant need for those services exists in the corporation's service territory. For these purposes, existing law authorizes weatherization, where feasible, to include certain measures for a dwelling unit. Existing law also authorizes weatherization, for these purposes, to include other measures determined by the commission to be feasible, taking into consideration the cost-effectiveness of the measures as a whole and the policy of reducing energy-related hardships facing low-income households.This bill would require weatherization, for the above-specified purposes, to include home energy management technology, as defined, determined by the commission to be feasible, taking into consideration the above-described factors.(2) Existing law requires the commission, by July 1, 2010, and in consultation with the State Energy Resources Conservation and Development Commission, the Independent System Operator, and other key stakeholders, to determine the requirements for a smart grid deployment plan consistent with specified policies and federal law. Existing law requires each electrical corporation, by July 1, 2011, to develop and submit a smart grid deployment plan to the commission for approval.This bill would require the commission to require each electrical corporation to develop and implement a plan to educate its residential and small business customers whose homes or places of business are equipped with an advanced meter about how they can use data from the advanced meter to better understand and control their use of electricity. The bill would require the commission to require each electrical corporation to develop a rebate program to reimburse a residential or small business customer, as prescribed, who purchases energy management technology for use in the customer's home or place of business.Existing law requires the State Energy Resources Conservation and Development Commission, by March 1, 2010, to establish a regulatory proceeding to develop and implement a comprehensive program to achieve greater energy savings in California's existing residential and nonresidential building stock, and permits the program to include, but not be limited to, a broad range of energy assessments, building benchmarking, energy rating, cost-effective energy efficiency improvements, public and private sector energy efficiency financing options, public outreach and education efforts, and green workforce training.This bill would delete the requirement that the commission develop and implement the program through a regulatory proceeding.
Existing law requires the replacement of plumbing fixtures that are not water conserving, as defined as noncompliant plumbing fixtures, in residential and commercial real property built and available for use on or before January 1, 1994, as specified. Existing law provides findings and declarations regarding these requirements, including that there is a pressing need to address water supply reliability issues caused by growing urban areas.
This bill would make technical, nonsubstantive changes to these findings and declarations.
Existing law, the Sex Offender Registration Act, requires persons convicted of specified sex offenses to register with local authorities for life while residing, located, attending school, or working in California. Existing law, as adopted by the voters by the passage of Proposition 83 at the November 7, 2006, statewide general election, prohibits a person who is required to register as a sex offender from living in specified places, including within 2,000 feet of a school or park where children regularly gather. Existing law authorizes municipal jurisdictions to enact local ordinances that further restrict the residency of the registered sex offender. Existing law makes it a misdemeanor for a person who is on parole for specified sex offenses to enter any park where children regularly gather without express permission from the person's parole agent.This bill would state that a local agency is not preempted by state law from enacting and enforcing an ordinance that restricts a registered sex offender from residing or being present at certain locations within the local agency's jurisdiction. The bill would authorize a local agency to adopt ordinances, rules, or regulations that are more restrictive than state law relating to a registered sex offender's ability to reside or be present at certain locations within the local agency's jurisdiction.Existing law, the Sex Offender Registration Act, as last amended by Proposition 35, as approved by the voters at the November 6, 2012, statewide general election, requires a person convicted of certain crimes, as specified, to register with law enforcement as a sex offender for the rest of his or her life while residing in California or while attending school or working in California, as specified. A willful failure to register, as requiredby the act, is a misdemeanor, or felony, depending on the underlying offense.This bill would make technical, nonsubstantive changes to those provisions.
AB 262
Lack
ey R Sex offenders.
Fair Housing
AB 201
Brou
gh R Registered sex
offenders: local ordinances.
AB 802
Willi
ams
D Residential and nonresidential buildings: energy savings program.
SB 768
Wie
ckow
ski D Water-
conserving plumbing fixtures.
AB 793
Qui
rk D Energy
efficiency.
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Under the California Fair Employment and Housing Act, it is unlawful to engage in specified discriminatory practices in employment or housing accommodations on the basis of certain specified characteristics, including race, creed, or national origin. Existing law defines these characteristics and other terms for purposes of the act.
This bill would make a nonsubstantive change to these definitions.
Existing law generally prohibits housing discrimination with respect to the personal characteristics of race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, or genetic information. Existing law includes within this prohibition, in addition to the sale or rental of housing accommodation, related activities such as housing finance and real estate transaction services.This bill would include a criminal record as a basis upon which housing discrimination is prohibited. The bill would specify that the prohibition is qualified by a requirement to the contrary in federal law. The bill would provide that criminal record includes a record regarding arrests and detentions that did not result in a conviction, as specified. The bill make technical, correctional changes.Existing law, the California Community Care Facilities Act, provides for the licensing and regulation of community care facilities, as defined, by the State Department of Social Services. A violation of the act is a misdemeanor. Existing law exempts recovery houses providing group living arrangements for persons recovering from alcoholism or drug addiction from the act.This bill would require a recovery house that is owned or operated, as defined, by a community care facility licensed pursuant to the act and that functions as an integral component of that community care facility to be deemed a facility that provides treatment or services under the license of the community care facility. The bill would subject a facility under that license to the inspection and enforcement provisions of the act.Existing law relating to property transfers specifies certain documents as allowable forms of identification for a credible witness, who, by oath or affirmation, attests to the identity of an individual executing a written instrument in the presence of, and acknowledged by, a notary public. Existing law specifies that an inmate identification card that is current or has been issued within 5 years by the Department of Corrections and Rehabilitation if the inmate is in custody in prison is an allowable form of identification, for purposes of these provisions.This bill would also make an inmate identification card that is current or has been issued within 5 years by a sheriff's department, if the inmate is in custody in a local detention facility, an allowable form of identification for a credible witness to prove the identity of an individual who executes a written instrument.Existing law, as adopted by the voters by the passage of Proposition 83 at the November 7, 2006, statewide general election, prohibits a person who is required to register as a sex offender from living in specified places, including within 2,000 feet of a school or park where children regularly gather. Existing law authorizes municipal jurisdictions to enact local ordinances that further restrict the residency of the registered sex offender. Existing law makes it a misdemeanor for a person who is on parole for specified sex offenses to enter any park where children regularly gather without express permission from the person's parole agent.This bill would state that a local agency is not preempted by state law from enacting and enforcing an ordinance that restricts a registered sex offender from residing or being present at certain locations within the local agency's jurisdiction. The bill would authorize a local agency to adopt ordinances, rules, or regulations that are more restrictive than state law relating to a registered sex offender's ability to reside or be present at certain locations within the local agency's jurisdiction.Existing law establishes various programs under the Department of Housing and Community Development, including the California Housing Rehabilitation Program for the development of low-income and multifamily rental housing in the state. Existing law creates the Multifamily Housing Program under the department to provide a standardized set of program rules and features applicable to all housing types based on the existing California Housing Rehabilitation Program. Among other things, the program provides financial assistance to fund projects for the development and construction of new, and rehabilitation or acquisition and rehabilitation of, existing, transitional, or rental housing developments. Existing law also requires the department to establish a program for the purpose of housing assistance for the physically or developmentally disabled, or mentally disordered.
The bill would require the owners and managers of multifamily housing projects that have received a department grant or loan, and that have accessible units, to adopt suitable means to ensure that information regarding the availability of accessible residential dwelling units reaches eligible individuals with disabilities, and would require the owners and managers to give priority for those units to persons with disabilities, as specified.
SB 377
Beal
l D Accessible housing.
AB 1036
Qui
rk D Notaries public:
acceptance of identification.
SB 267
Leyv
a D Registered sex
offenders: local ordinances.
AB 396
Jone
s-Sa
wye
r D Housing discrimination: criminal record.
AB 838
Brou
gh R Recovery
houses.
AB 272
Lack
ey R California Fair
Employment and Housing Act.
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Existing law finds and declares that all protections, rights, and remedies available under state law, except any reinstatement remedy prohibited by federal law, are available to all individuals regardless of immigration status who have applied for employment, or who are or who have been employed, in this state. Existing law, the Unruh Civil Rights Act, provides that all persons within the jurisdiction of this state are entitled to full and equal accommodations in all business establishments regardless of their sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, or sexual orientation.This bill would declare the intent of the Legislature to enact legislation to protect California's immigrants from discrimination on the basis of their immigration status, citizenship, and language.
Existing law requires the Department of Housing and Community Development to submit an annual report to the Governor and both houses of the Legislature on the operations and accomplishments during the previous fiscal year of the housing programs administered by the department. Existing law requires the report to include, among other things, an evaluation, in collaboration with the Department of Veterans Affairs, of any program established by the department pursuant to the Veterans Housing and Homeless Prevention Act of 2014.This bill would additionally require the evaluation to include information relating to the effectiveness in helping homeless veterans of any organization that was issued funds pursuant to that act.
Existing federal law provides for the allocation of federal funds through the federal Temporary Assistance for Needy Families (TANF) block grant program to eligible states. Existing law provides for the California Work Opportunity and Responsibility to Kids (CalWORKs) program under which, through a combination of state and county funds and federal funds received through the TANF program, each county provides cash assistance and other benefits to qualified low-income families. Existing law, with certain exceptions, provides eligible families with homeless assistance, including temporary shelter assistance for one period of up to 16 consecutive calendar days.
This bill would eliminate the requirement that the temporary assistance be provided during one period of consecutive days, and instead would limit the temporary assistance to a maximum of 16 calendar days. This bill would require the State Department of Social Services to issue an all-county letter or similar instructions by April 1, 2016, and to adopt regulations to implement the provisions of the bill by July 1, 2017. The bill also would make conforming and technical, nonsubstantive changes. Because this bill would create new administrative duties for counties, it would impose a state-mandated local program.Existing federal law, the American Recovery and Reinvestment Act of 2009, allocated, until September 30, 2011, $1.5 billion to the federal Department of Housing and Urban Development for the Homelessness Prevention Fund, to be used for homelessness prevention and rapid rehousing. Existing law, the California Work Opportunity and Responsibility to Kids Act, provides housing supports to individuals if the administering county determines that the individual or his or her family is experiencing homelessness or housing instability that would be a barrier to self-sufficiency or child well-being and declares that it is the intent of the Legislature that housing supports utilize evidence-based models, including those established in the federal Department of Housing and Urban Development's Homeless Prevention and Rapid Re-Housing Program.This bill would state the intent of the Legislature to enact legislation that would utilize the principles of rapid rehousing in order to better care for California's homeless population.
AB 870
Coo
ley
D Homelessness: rapid rehousing.
Homelessness
AB 388
Cha
ng R Housing:
homeless veterans: reports.
AB 702
Mai
ensc
hein
R CalWORKs: temporary shelter assistance.
SB 600
Pan
D Discrimination: immigration status.
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Existing law provides for the diversion of specified criminal offenders in alternate sentencing and treatment programs. Existing law authorizes the court, with the consent of the defendant and a waiver of the defendant's speedy trial right, to postpone prosecution, either temporarily or permanently, of a misdemeanor and place the defendant in a pretrial diversion program, if the defendant was, or currently is, a member of the United States military and if he or she may be suffering from sexual trauma, traumatic brain injury, post-traumatic stress disorder, substance abuse, or mental health problems as a result of his or her military service.
This bill would require superior courts to develop and implement veterans courts for eligible veterans of the United States military with the objective of, among other things, creation of a dedicated calendar or a locally developed collaborative court-supervised veterans mental health program or system that leads to the placement of as many mentally ill offenders who are veterans of the United States military, including those with post-traumatic stress disorder, traumatic brain injury, military sexual trauma, substance abuse, or any mental health problem stemming from military service, in community treatment as is feasible and consistent with public safety. The bill would make a related statement of legislative intent.This bill would require a county and court stakeholders to utilize a collaborative process to develop a plan for a veterans court that satisfies the bill's requirements. The bill would require a veterans court to be administered by a veterans court team led by a judicial officer to preside over the court, and would require that other members of the veterans court team, to the extent feasible, include, but not be limited to, a prosecutor, a public defender, a county mental health liaison, a substance abuse liaison, a county veterans' service officer, a probation officer, and a Veterans Administration social worker to assist the court with screening veterans court candidates for eligibility and suitability in Veterans Administration funded programs. The bill would require the veterans court team to determine the frequency of ongoing reviews of the progress of the offender in community treatment in order to ensure the offender adheres to the treatment plan as recommended, remains in treatment, and completes treatment. By increasing the duties of local officials, the bill would impose a state-mandated local program.
Existing law makes transitional housing available to any foster child who is at least 16 years of age and not more than 18 years of age who is eligible for AFDC-FC benefits, any nonminor dependent who is eligible for AFDC-FC benefits, and any former foster youth who is at least 18 years of age and not more than 24 years of age who has exited from the foster care system and has elected to participate in the Transitional Housing Program-Plus, as defined, if he or she has not received services pursuant to these provisions for more than a total of 24 months.
This bill would additionally make transitional housing available to any former nonminor dependent with special needs and any homeless youth. By expanding the duties of counties relating to the provision of transitional housing, this bill would impose a state-mandated local program.
AB 1228
Gip
son Homeless
students: dorms.
Would require that the University of California and California State University give prioritized access for on-campus housing to students experiencing homelessness. The bill would further require that on-campus housing remain available to these students over breaks and that the students not be charged any additional costs or fees related to remaining on campus during scheduled academic breaks.Existing law requires the State Department of Social Services to license and regulate transitional housing placement providers. Existing law requires transitional housing providers to provide supervised transitional housing services to foster children who are at least 16 years of age and not more than 18 years of age, nonminor dependents, or both. Existing law provides that transitional housing includes, among others, programs in which a participant lives independently in certain types of housing owned or leased by the provider either with an adult employee of the provider or in a building in which one or more adult employees of the provider reside and provide supervision. Transitional housing may, if the State Department of Social Services provides approval, include programs in which a participant lives independently in certain types of housing owned or leased by provider under the supervision of the provider.This bill would delete the requirement that the housing be owned or leased by the provider and would instead require that a provider be responsible for the payment of any contracted rental fees and any penalties for late payment to the property owner. The bill would also, with regards to the latter program described above, delete the requirement that the department provide approval for the program and delete the requirement that participants live under the supervision of the provider.
AB 1225
Web
er D Housing:
former nonminor dependents: homeless youth.
AB 1327
Dah
le R Foster care:
transitional housing.
AB 983
Mat
his
R Veterans courts.
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The Corporation Tax Law allows various credits against the tax imposed by that law. Under existing law, the Office of Emergency Services is responsible for administering the Comprehensive Statewide Domestic Violence Program, which distributes grant awards to domestic violence shelter service providers and provides financial and technical assistance to local domestic violence centers in implementing specified services and requires priority for this assistance to be given to, among others, emergency shelters.This bill would, for taxable years beginning on or after January 1, 2016, and before January 1, 2021, allow a credit against the tax imposed under that law for 50% of monetary contributions to a domestic violence shelter service provider or emergency shelter, as defined, eligible to receive a grant award or financial and technical assistance pursuant to that program. The bill would provide that the credit would not exceed $200,000 per taxpayer, that the credit would be awarded on a first-come-first-serve basis, and that the credit would have an aggregate cap of $50,000,000 for each calender year. The bill would require the Franchise Tax Board and the Office of Emergency Services to administer the credit, as specified.The Joint Exercise of Powers Act authorizes 2 of more public agencies to enter into an agreement to jointly exercise any power common to the contracting parties.This bill would provide that, notwithstanding any other provision of the act, a private, nonprofit corporation that provides services to homeless persons or for the prevention of homelessness may enter into a joint powers agreement with a public agency for the sole purpose of providing frequent user coordinated care housing services, defined by to mean housing combined with other supportive services, as defined, for homeless persons identified by a city or county as the most costly, frequent users of publicly funded emergency services.The Planning and Zoning Law requires a city or county to adopt a general plan for land use development that includes, among other things, a housing element. A housing element is required to include an analysis of any special housing needs.This bill would provide that the analysis of special housing needs by a city or county may include an analysis of the need for frequent user coordinated care housing services.
SB 252
Leno Homeless
students: GED fees.
Would waive the cost of General Education Development (GED) exam fees for youth experiencing homelessness (as verified by a homeless-service provider).
Existing law provides various programs and bond issuances to provide housing for veterans, as defined, including the Veterans Housing and Homeless Prevention Act of 2014, which provides for the acquisition, construction, rehabilitation, and preservation of affordable multifamily supportive housing, affordable transitional housing, affordable rental housing, or related facilities for veterans and their families.This bill would require, for all multifamily housing units acquired, constructed, rehabilitated, or preserved on or after January 1, 2016, for the purpose of housing veterans, that a percentage of the units be reserved for female veterans with children, the percentage to be determined by the Department of Veterans Affairs based on the population of veterans in the area and the need of female veterans with children in that area for housing.
Existing law, the Unruh Civil Rights Act, provides that all persons within the state are free and equal, regardless of their sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, or sexual orientation, and are entitled to the full and equal accommodations, advantages, facilities, privileges, or services in all business establishments of every kind whatsoever.This bill would enact the Right to Rest Act, which would afford persons experiencing homelessness the right to use public space without discrimination based on their housing status. Because the bill would require local agencies to perform additional duties, it would impose a state-mandated local program. The bill would describe basic human and civil rights that may be exercised without being subject to criminal or civil sanctions or harassment, including the right to use and to move freely in public spaces, the right to rest in public spaces and to protect oneself from the elements, the right to eat in any public space in which having food is not prohibited, the right to perform religions observances in public spaces, and the right to occupy a motor vehicle or a recreational vehicle legally parked or parked with the permission of the property owner, as specified.The bill would authorize a person whose rights have been violated pursuant to these provisions to enforce those rights in a civil action in which the court may award the prevailing party injunctive and declaratory relief, restitution, damages, statutory damages of $1,000 per violation, and fees and costs.Existing law provides that any person who lodges in any building, structure, vehicle, or place without the permission of the owner or person entitled to the possession or in control of it, is guilty of disorderly conduct.
The bill would also exempt conduct that is protected by the bill from this definition of the crime of disorderly conduct.
SB 608
Liu
D Homelessness.
SB 384
Leyv
a D Veteran
housing: multifamily units: female veterans.
AB 1399
Bake
r R Corporation tax law: credits: domestic violence shelters.
AB 1403
Mai
ensc
hein
R Housing: joint powers agreement.
7
Existing law establishes various public social services programs to provide protection, care, and assistance to the people of the state in need of those services, by providing appropriate aid and services to the needy and distressed. Existing law establishes homeless youth emergency service pilot projects in the Counties of Los Angeles, San Diego, Santa Clara, and San Francisco.This bill would create the Homeless Youth Basic Material Needs Assistance Program. This bill would require that moneys appropriated by the Legislature for the purposes of the program be allocated proportionally by the State Department of Social Services to each county program based on the number of homeless youth in the county. The bill would authorize a county to establish the program or request the department to administer the program, in which case the department would be required to retain the county's proportional share of funds and directly administer a program in that county. The bill would authorize a county to join with one or more other counties for the purpose of pooling their respective allocations and establishing a program for those counties. The bill would require each program to solicit proposals from, and contract with, nonprofit organizations for the purpose of providing basic material needs assistance to homeless youth in the county or counties as directed by the entity administering the program. The bill would require contracted nonprofit organizations to, among other things, provide a minimum of 25% matching funds, as specified.Existing law establishes duties as State Registrar relating to the uniform administration of provisions relating to vital records and health statistics. Existing law requires the State Registrar, local registrar, or county recorder to, upon request and payment of the required fee, supply to an applicant a certified copy of the record of a birth, fetal death, death, marriage, or marriage dissolution registered with the official. Existing law authorizes the issuance of certain records without payment of the fee.
Existing law, on and after July 1, 2015, requires each local registrar or county recorder to issue, without a fee, a certified record of live birth to any person who can verify his or her status as a homeless person or a homeless child or youth, as defined.
This bill would make technical, nonsubstantive changes to those provisions.
Existing law requires the California Housing Finance Agency, the Department of Housing and Community Development, and the Department of Veterans Affairs to establish and implement housing programs that focus on veterans at risk for homelessness or experiencing temporary or chronic homelessness. Existing law requires the departments, to the extent feasible, to prioritize projects that combine housing and supportive services, including, but not limited to, job training, mental health and drug treatment, case management, care coordination, or physical rehabilitation.This bill would instruct the departments to also prioritize projects that keep a mental health professional on staff or contract for the services of a mental health professional. This bill would include psychologists, professional clinical counselors, social workers, marriage and family therapists, and psychiatrists as mental health professionals for its purposes.
The Personal Income Tax Law provides for modified conformity to specified provisions of federal income tax law relating to the exclusion of the discharge of qualified principal residence indebtedness, as defined, from an individual's income if that debt is discharged after January 1, 2007, and before January 1, 2014, as provided. The federal Tax Increase Prevention Act of 2014 extended the operation of those provisions to debt that is discharged before January 1, 2015.This bill would extend the operation of those provisions to qualified principal residence indebtedness that is discharged before January 1, 2015, thereby no longer conforming to federal income tax law. The bill would also discharge indebtedness for related penalties and interest and would make legislative findings and declarations regarding the public purpose served by the bill.This bill would conform to the federal extension, discharge indebtedness for related penalties and interest, and make legislative findings and declarations regarding the public purpose served by the bill.
Homeownership
AB 99
Pere
a D Personal
income taxes: income exclusion: mortgage debt forgiveness.
SB 672
Her
nand
ez D Certified
records of live birth: homeless persons: fees.
SB 689
Huf
f R Veterans: housing.
SB 636
Liu
D Homeless youth: basic material needs assistance.
8
(1) Existing law provides that a person may pass real property to a beneficiary at death by various methods including by will, intestate succession, trust, and titling the property in joint tenancy, among others.
This bill would, until January 1, 2021, create the revocable transfer on death deed (revocable TOD deed), as defined, which would transfer real property on the death of its owner without a probate proceeding. The bill would require that a person have testamentary capacity to make or revoke the deed and would require that the deed be in a statutory form provided for this purpose. The revocable TOD deed must be signed, dated, acknowledged, and recorded, as specified, to be effective. The bill would provide, among other things, that the deed, during the owner's life, does not affect his or her ownership rights and, specifically, is part of the owner's estate for the purpose of Medi-Cal eligibility and reimbursement. The bill would void a revocable TOD deed if, at the time of the owner's death, the property is titled in joint tenancy or as community property with right of survivorship. The bill would establish priorities for creditor claims against the owner and the beneficiary of the deed in connection with the property transferred and limits on the liability of the beneficiary. The bill would establish a process for contesting the transfer of real property by a revocable TOD deed.Existing law imposes various requirements to be satisfied prior to exercising a power of sale under a mortgage or deed of trust. Existing law defines a mortgage servicer as a person or entity who directly services a loan, or is responsible for interacting with the borrower, and managing the loan account on a daily basis, as specified. Existing law defines a borrower, for purposes of specified provisions relating to mortgages and deeds of trust, as a natural person who is a mortgagor or trustor who is potentially eligible for any federal, state, or proprietary foreclosure prevention alternative program offered by, or through, his or her mortgage servicer.This bill would include a successor in interest in the definition of a borrower for purposes of the eligibility provisions described above. The bill would define a successor in interest for these purposes as a natural person who provides the mortgage servicer with notification of the death of the mortgagor or trustor and reasonable documentation, as specified, showing that the person falls into one of four categories of successors, including a personal representative of the mortgagor's or trustor's estate or a surviving spouse, as specified.Under existing law, the California FAIR (fair access to insurance requirements) Plan Association is a joint reinsurance association of state insurers that is established to, among other things, assist persons in securing basic property insurance for qualified property for which insurance cannot be obtained through the normal insurance market. Existing law requires the association to establish and maintain a toll-free telephone number through which persons may receive assistance in applying for insurance.This bill would make technical, nonsubstantive changes to those provisions.
Existing law governing common interest developments, the Davis-Stirling Common Interest Development Act, requires the association of a common interest development to prepare and distribute to all of its members certain documents, including an annual budget report that includes, among other items of information, a pro forma operating budget. The act requires a notice to be provided if an insurance policy described in the annual budget report lapses, is canceled, or is not immediately renewed, restored, or replaced, or if there is a significant change as to the policy.This bill would require the annual budget report to also include a statement describing the status of the common interest development as a Federal Housing Administration (FHA)-approved condominium project.This bill would also require the association of a common interest development to provide a notice to its members if there is any change in the status of the common interest development as an FHA-approved condominium project pursuant to FHA guidelines.
Existing law requires the recorder of each county, upon payment of proper fees and taxes, to accept for recordation any instrument, paper, or notice that is authorized or required by law to be recorded. Existing law requires those documents to comply with specified standards respecting margins, quality of paper, print size and color, and other related matters.This bill would make nonsubstantive changes to the provision requiring the documents to comply with specified standards.Existing law defines mortgage foreclosure consultants and regulates their activities. Existing law states the intent of the Legislature to protect homeowners who are in the process of foreclosure from abuses and fraudulent practices by foreclosure consultants.This bill would make technical, nonsubstantive changes to these provisions.
SB 153
Huf
f R Mortgage foreclosure consultants.
AB 596
Dal
y D Common
interest developments: annual budget report.
AB 679
Alle
n, T
ravi
s R Documents:
recordation.
AB 244
Eggm
an D Mortgages and
deeds of trust: successors in interest.
AB 269
Wal
dron
R Basic property insurance: California FAIR Plan.
AB 139
Gat
to D Nonprobate
transfers: revocable transfer upon death deeds.
9
Existing 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 state the intent of the Legislature to enact legislation that would require a county assessor to consider a recorded contract with a nonprofit corporation that restricts the use of the land for at least 30 years for affordable housing or affordable rent when valuing real property for property taxation purposes.
Existing law, the Planning and Zoning Law, limits the amount of fees, charges, dedications, or other requirements levied or imposed by state and local agencies on the planning, use, or development of real property for the construction or reconstruction of school facilities based upon assessable space, as defined. In the case of residential construction, existing law defines assessable space to mean all of the square footage within the perimeter of a residential structure, not including any carport, walkway, garage, overhang, patio, enclosed patio, detached accessory structure, or similar area.This bill would revise the definition of assessable space to specify that a covered walkway, uncovered walkway, and enclosed walkway are excluded and that similarly excluded areas include, but are not limited to, a bike storage locker or detached personal property storage space that is not a part of the existing livable residential structure.
Existing property tax law establishes a partial welfare exemption for property used exclusively for rental housing and related facilities, as defined, that are owned and operated by either of any certain types of nonprofit entities or veterans' organizations that meet specified exemption requirements, if either of certain qualifying criteria are met. Existing law requires the partial exemption to be equal to that percentage of the value of the property that is equal to the percentage that the number of units serving lower income households represents of the total number of residential units in any year. For purposes of the exemption, existing law defines "related facilities" to, among other things, exclude any portions of the overall development that are nonexempt commercial space.
This bill would specify that "related facilities" does not include any portions of the overall development that are occupied commercial space.Existing law generally prohibits a city from leasing property that it owns or controls for a period exceeding 55 years, but permits a city to lease property that it owns or controls for a period not to exceed 99 years if specified conditions are met.This bill would make technical, nonsubstantive changes to these provisions.
AB 35
Chi
u D Tax credit. Would increase the aggregate amount of state tax credits available for low income housing to $375 million, up from
$75 million.
Existing law establishes the multifamily housing program under the administration of the Department of Housing and Community Development to provide a standardized set of program rules and features applicable to all housing types based on the department's California Housing Rehabilitation Program. Existing law also establishes the CalHome Program under the administration of the department to provide grants and loans to enable low- and very low income households to become or remain homeowners.Existing federal law requires the Secretary of the Department of Housing and Urban Development to establish a Housing Trust Fund to provide grants to states to increase the supply of rental housing for extremely low- and very low income families, including homeless families, and homeownership for extremely low- and very low income families.This bill would designate the Department of Housing and Community Development as the state agency responsible for administering the federal Housing Trust Fund. The bill would require the department to administer the federal funds pursuant to the multifamily housing program, except that up to 10% of the funds may be appropriated by the Legislature to the CalHome Program. The bill would require the department to submit notifications with specified information relating to the distribution, awarding, and expenditure of the federal funds, as prescribed.
AB 90
Atki
ns D Federal
Housing Trust Fund.
SB 117
Vida
k R City property:
leases.
Housing Finance & Programs: State
AB 715
Dal
y D Residential
development: school facilities fees.
AB 1229
Cam
pos
D Property taxation: welfare exemption: rental housing and related facilities.
Housing Finance & Programs: Local
AB 668
Gom
ez D Property
taxation: assessment: affordable housing.
10
Existing law requires all moneys, except for fines and penalties, collected by the state board from the auction or sale of allowances as part of a market-based compliance mechanism to be deposited in the Greenhouse Gas Reduction Fund and to be available upon appropriation. Existing law requires the California Environmental Protection Agency to identify disadvantaged communities and requires the Department of Finance, in consultation with the state board and any other relevant state agency, to develop, as specified, a 3-year investment plan for the moneys deposited in the Greenhouse Gas Reduction Fund.This bill would require the department to include in the 3-year investment plan an allocation to provide technical assistance to disadvantaged communities to assist them in proposing specified projects for inclusion in the 3-year investment plan.The Personal Income Tax Law and the Corporation Tax Law allow various credits against the taxes imposed by those laws.This bill would allow to a taxpayer that receives a tax credit reservation a credit against those taxes for each taxable year beginning on or after January 1, 2016, and before January 1, 2024, in an amount, determined in modified conformity with a specified section of the Internal Revenue Code, for rehabilitation of certified historic structures and, under the Personal Income Tax Law, for a qualified residence. This bill would provide for a 20% credit, or 25% credit, of qualified rehabilitation expenditures if the structure meets specified criteria, for rehabilitation of a certified historic structure or a qualified residence, as provided, within the state to be reserved and allocated by the California Tax Credit Allocation Committee, which shall consult with the Office of Historic Preservation, as provided and which may adopt a reasonable fee to cover specified expenses. The aggregate amount of credit would be $50,000,000 per calendar year, plus unused allocation tax credit for the preceding year, $10,000,000 of which would be set aside for rehabilitation projects with qualified rehabilitation expenditures of less than $1,000,000, as specified. This bill would require the Legislative Analyst to, on an annual basis, collaborate with the California Tax Credit Allocation Committee to review the tax credit, as provided.
This bill would take effect immediately as a tax levy.
Existing law establishes a low-income housing tax credit program pursuant to which the California Tax Credit Allocation Committee provides procedures and requirements for the allocation of state insurance, income, and corporation tax credits among low-income housing projects based on federal law.
This bill would make a nonsubstantive change to those provisions.
The Zenovich-Moscone-Chacon Housing and Home Financing Act declares that housing is of vital statewide importance to the health, safety, and welfare of the residents of the state and that it is the policy of the state to provide a decent home and suitable living environment for every California family. That act provides that its provisions shall be liberally construed and shall prevail over other conflicting laws.This bill would make a nonsubstantive change to these provisions.
Existing law defines a transfer fee as a fee payment requirement imposed in any covenant, restriction, or condition contained in any deed, contract, security instrument, or other document affecting the transfer or sale of real property that requires a fee be paid upon transfer of the real property, with specified exceptions. Existing law, with regard to a transfer fee imposed upon real property on or after January 1, 2008, requires the person or entity imposing the transfer fee, as a condition of payment of the fee, to record a specified document describing the transfer fee concurrently with the instrument creating the transfer fee requirement. Existing law requires these recorded documents to include information on the amount of the fee and actual dollar examples of the fee for a residential property, among other things. Existing law requires a transferor of residential real property subject to transfer fees to make a specified disclosure regarding those fees.This bill would specify that the required information on the recorded document include the method for calculating the amount of the transfer fee, if not a flat amount or a percentage of the sales price and include the actual dollar examples of the fee for a residential property if the amount of the fee is based on the price of the real property. The bill would also require the transferor of residential real property subject to transfer fees to make the specified disclosure regarding those fees if the recorded document describing the transfer fees has not already been provided. The bill would also clarify the definition of a transfer fee.This bill would also make a legislative finding that this bill is clarifying and declaratory of existing law.
Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including electrical corporations, as defined. Decisions of the commission adopted the California Solar Initiative. Existing law requires the commission to undertake certain steps in implementing the California Solar Initiative.This bill would make a nonsubstantive change to the law requiring the commission to undertake certain steps in implementing the California Solar Initiative.
AB 807
Ston
e, M
ark
D Real estate transfer fees: recorded documents.
AB 942
Cal
dero
n D California Solar
Initiative: low-income residential housing.
AB 781
Wilk
R Low-income housing tax credits.
AB 790
Ting
D Housing and home financing.
AB 771
Atki
ns D Personal
income and corporation taxes: credits: rehabilitation.
AB 156
Pere
a D California
Global Warming Solutions Act of 2006: investment plan.
11
Existing law authorizes the Department of General Services to enter into a sale or long-term lease of certain property owned by the state.This bill would state the intent of the Legislature to enact legislation to authorize the sale of state property to a city or county.The California Global Warming Solutions Act of 2006 establishes the State Air Resources Board as the state agency responsible for monitoring and regulating sources emitting greenhouse gases. The act authorizes the state board to include the use of market-based compliance mechanisms. Existing law requires all moneys, except for fines and penalties, collected by the state board from the auction or sale of allowances as part of a market-based compliance mechanism to be deposited in the Greenhouse Gas Reduction Fund and to be available upon appropriation by the Legislature. Existing law requires the Department of Finance, in consultation with the state board and any other relevant state agency, to develop, as specified, a 3-year investment plan for the moneys deposited in the Greenhouse Gas Reduction Fund.This bill would require a state agency that allocates moneys from the fund to prioritize projects that include project labor agreements with targeted hire goals, community workforce agreements that connect local residents to jobs or training opportunities, or partnerships with training entities that have a proven track record of placing disadvantaged workers in career-track jobs.(1) Existing federal law, the American Recovery and Reinvestment Act of 2009, allocated, until September 30, 2011, $1.5 billion to the federal Department of Housing and Urban Development for the Homelessness Prevention Fund, to be used for homelessness prevention and rapid rehousing. Existing law, the California Work Opportunity and Responsibility to Kids Act, provides housing supports to individuals if the administering county determines that the individual or his or her family is experiencing homelessness or housing instability that would be a barrier to self-sufficiency or child well-being, and declares that it is the intent of the Legislature that housing supports utilize evidence-based models, including those established in the federal Department of Housing and Urban Development's Homeless Prevention and Rapid Re-Housing Program.This bill would authorize a housing authority, defined to include an entity created pursuant to the Housing Authorities Law or a housing-related entity created by a county, to develop a housing supports program, as defined. The bill would require a housing supports program to provide rental assistance for a specified period to persons who are formerly incarcerated, provide rapid rehousing services, and conduct an individual needs assessment for each prospective tenant to determine the level of services provided and length of assistance. The bill would authorize the housing authority to finance the program through grants provided by the Board of State and Community Corrections or the California Housing Finance agency, existing funding sources except as specified, establishment of a regional center under specified provisions, and a grant repayment component of the housing supports program.The bill would require the Board of State and Community Corrections to develop a request for proposal process for awarding grants to housing authorities that establish a housing supports program. The bill would require the California Housing Finance Agency to develop a similar request for proposal process for awarding grants to housing authorities located in small or rural counties, as defined. The bill would require the request for proposal process for both agencies to give preference to housing authorities that demonstrate the ability to attract matching funds or leverage existing funds and to give consideration to the geographic diversity of applicant housing authorities.(2) The Safe Neighborhoods and Schools Act requires that 65% of the moneys in the Safe Neighborhoods and Schools Fund be allocated the Board of State and Community Corrections to administer a grant program to public agencies aimed at supporting specified types of programs, including diversion programs, for people in the criminal justice system with an emphasis on programs that reduce recidivism, as specified.This bill would create the Second Chance Fund in the State Treasury. The bill would require the Board of State and Community Corrections to deposit an amount equal to 33% of the above-described moneys it receives from the Safe Neighborhoods and Schools Fund. The bill would also authorize the Second Chance Fund to receive moneys from any other federal, state, or local grant, or from any private donation. The bill would require that 90% of the moneys in the Second Chance Fund be allocated to the board and 10% to the California Housing Finance Agency to administer grants for housing supports programs, as specified.The bill would require the board to administer these provisions, and moneys in the fund would be continuously appropriated to the board for expenditure for these purposes. By creating a continuously appropriated fund, this bill would make an appropriation.
AB 1056
Atki
ns D Housing
assistance: formerly incarcerated tenants.
AB 1011
O'D
onne
ll D State property:
sale.
AB 1030R
idle
y-Th
omas
D California Global Warming Solutions Act of 2006: Greenhouse Gas Reduction Fund.
12
Existing law, requires the Department of Housing and Community Development to prepare a guidebook for use by certain public and private entities in the planning and development of a housing supply to meet the need created by employment growth, and requires the Assembly Office of Research to complete a study on the effectiveness of the guidebook.This bill would delete those provisions.
The California Global Warming Solutions Act of 2006 designates the State Air Resources Board as the state agency charged with monitoring and regulating sources of emissions of greenhouse gases. The act authorizes the state board to include the use of market-based compliance mechanisms. Existing law requires all moneys, except for fines and penalties, collected by the state board from the auction or sale of allowances as part of a market-based compliance mechanism to be deposited in the Greenhouse Gas Reduction Fund and to be available upon appropriation. Existing law requires the California Environmental Protection Agency to identify disadvantaged communities and requires the Department of Finance, in consultation with the state board and any other relevant state agency, to develop, as specified, a 3-year investment plan for the moneys deposited in the Greenhouse Gas Reduction Fund.Existing law requires the 3-year investment plan to allocate a minimum of 25% of the available moneys in the fund to projects that benefit disadvantaged communities and to allocate a minimum of 10% of the available moneys in the fund to projects located in disadvantaged communities.This bill would require the state board to prepare, and post on its Internet Web site, a specified report on the projects funded to benefit disadvantaged communities.Under existing law, there are programs providing assistance for, among other things, emergency housing, multifamily housing, farmworker housing, home ownership for very low and low-income households, and downpayment assistance for first-time homebuyers. Existing law also authorizes the issuance of bonds in specified amounts pursuant to the State General Obligation Bond Law. Existing law requires that proceeds from the sale of these bonds be used to finance various existing housing programs, capital outlay related to infill development, brownfield cleanup that promotes infill development, and housing-related parks.This bill would enact the Building Homes and Jobs Act. The bill would make legislative findings and declarations relating to the need for establishing permanent, ongoing sources of funding dedicated to affordable housing development. The bill would impose a fee, except as provided, of $75 to be paid at the time of the recording of every real estate instrument, paper, or notice required or permitted by law to be recorded. By imposing new duties on counties with respect to the imposition of the recording fee, the bill would create a state-mandated local program. The bill would require that revenues from this fee, after deduction of any actual and necessary administrative costs incurred by the county recorder, be sent quarterly to the Department of Housing and Community Development for deposit in the Building Homes and Jobs Fund, which the bill would create within the State Treasury. The bill would provide that moneys in the fund may be expended for supporting affordable housing, home ownership opportunities, and other housing-related program, as specified. The bill would impose certain auditing and reporting requirements.The California Global Warming Solutions Act of 2006 designates the State Air Resources Board as the state agency charged with monitoring and regulating sources of emissions of greenhouse gases. The state board is required to adopt a statewide greenhouse gas emissions limit equivalent to the statewide greenhouse gas emissions level in 1990 to be achieved by 2020. The act requires the state board to adopt methodologies for the quantification of voluntary greenhouse gas emission reductions.This bill would make a technical, nonsubstantive change to that provision.
Existing law authorizes the Department of Veterans Affairs to establish a pilot project for the purpose of establishing a cooperative housing project for veterans and their families.This bill would make technical, nonsubstantive changes to those provisions.
Existing law authorizes the Director of General Services to acquire and dispose of state real property under specified conditions.This bill would state the intent of the Legislature to enact legislation that would authorize the director to dispose of parcels of surplus state real property.
SB 46
Rot
h D Veterans
housing.
SB 273
Hue
so D State real
property: surplus.
AB 1336
Sala
s D California
Global Warming Solutions Act of 2006: methodologies.
AB 1179
Ren
don
D California Global Warming Solutions Act of 2006: disadvantaged communities: report.
AB 1335
Atki
ns D Building Homes
and Jobs Act.
AB 1084
Boni
lla D Jobs and
housing.
13
The California Global Warming Solutions Act of 2006 designates the State Air Resources Board as the state agency charged with monitoring and regulating sources of emissions of greenhouse gases. The state board is required to adopt a statewide greenhouse gas emissions limit equivalent to the statewide greenhouse gas emissions level in 1990 to be achieved by 2020. The act authorizes the state board to include the use of market-based compliance mechanisms. Existing law requires all moneys, except for fines and penalties, collected by the state board from the auction or sale of allowances as part of a market-based compliance mechanism to be deposited in the Greenhouse Gas Reduction Fund and to be available upon appropriation. Existing law makes a specified continuous appropriation to the High-Speed Rail Authority from the fund.This bill would make a technical, nonsubstantive change to these provisions.
The California Global Warming Solutions Act of 2006 designates the State Air Resources Board as the state agency charged with monitoring and regulating sources of emissions of greenhouse gases. The state board is required to adopt a statewide greenhouse gas emissions limit equivalent to the statewide greenhouse gas emissions level in 1990 to be achieved by 2020. The act requires the state board to prepare and approve a scoping plan for achieving the maximum technologically feasible and cost-effective reductions in greenhouse gas emissions.This bill would make technical, nonsubstantive changes to these provisions.
Existing law declares the intent of the Legislature to preserve, upgrade, and expand the supply of housing to persons and families of low or moderate income, through the sale of specified surplus residential property owned by public agencies. Existing law establishes priorities and procedures that any state agency disposing of that surplus residential property is required to follow. Under existing law, specified single-family residences must first be offered to their former owners or present occupants, as specified. If the property is not sold to a former owner or present occupant, existing law requires that the property be offered to a housing-related private or public entity at a reasonable price for either limited equity cooperative housing or low and moderate income rental or owner-occupied housing, as specified.This bill would authorize a local housing authority to purchase, rehabilitate, and resell surplus residential property within its jurisdiction. The local housing authority would be required to dedicate any profits realized from the sale to the construction of affordable housing. The bill would also require that, prior to offering the property to a housing-related private or public entity as specified above, that property that is a historic home, as defined, be first offered to a housing-related public entity or a nonprofit private entity dedicated to rehabilitating and maintaining the historic home for public and community access and use.Existing law establishes the Building Equity and Growth in Neighborhoods (BEGIN) Program under the administration of the Department of Housing and Community Development for the purpose of making grants to cities and counties that provide incentives for, or reduce or remove regulatory barriers to, affordable housing. Existing law requires the department to assign points in the approval process to grant applications that meet certain criteria, and authorizes the department to assign additional points to applications meeting specified objectives, including, among others, the location of the project in specified job centers.This bill would expand those job centers to include the Riverside and San Bernardino metropolitan statistical area.
The California Global Warming Solutions Act of 2006 designates the State Air Resources Board as the state agency charged with monitoring and regulating sources of emissions of greenhouse gases. The act authorizes the state board to include the use of market-based compliance mechanisms. Existing law requires all moneys, except for fines and penalties, collected by the state board from the auction or sale of allowances as part of a market-based compliance mechanism to be deposited in the Greenhouse Gas Reduction Fund and to be available upon appropriation by the Legislature.Existing law establishes the Strategic Growth Council consisting of specified members and requires the council to, among other things, develop and administer the Affordable Housing and Sustainable Communities Program to reduce greenhouse gas emissions through projects that implement land use, housing, transportation, and agricultural land preservation practices to support infill and compact development and that support other related and coordinated public policy objectives.This bill would require the council to develop and implement the Disadvantaged Community Enhancement Program to award grants to disadvantaged communities, as defined, to facilitate projects for community enhancement improvements that reduce greenhouse gas emissions in furtherance of the goals of the California Global Warming Solutions Act of 2006 and that provide to disadvantaged communities multiple environmental benefits. The bill would authorize the council, upon appropriation by the Legislature, to expend moneys in the fund to implement the program.
SB 760
Men
doza
D Disadvantaged Community Enhancement Act of 2015.
SB 580
Liu
D Surplus residential property: affordable housing: historic buildings.
SB 712
Leyv
a D Building Equity
and Growth in Neighborhoods Program: applications.
SB 400
Lara
D California Global Warming Solutions Act of 2006: Greenhouse Gas Reduction Fund.
SB 544
Lara
D California Global Warming Solutions Act of 2006: scoping plan.
14
The Subdivision Map Act prohibits a final or parcel map that creates a subdivision from being filed with the relevant local agency without the written consent of all parties having any record title interest in the real property proposed to be subdivided.This bill would make nonsubstantive changes to this provision.
The Planning and Zoning Law, among other things, requires the legislative body of each county and city to adopt a comprehensive, long-term general plan for the physical development of the county or city and of any land outside its boundaries that relates to its planning, and provides for the adoption and administration of zoning laws, ordinances, rules, and regulations by counties and cities.This bill would make a nonsubstantive change to these provisions.
The Planning and Zoning Law requires, when a developer of housing proposes a housing development within the jurisdiction of the local government, that the city, county, or city and county provide the developer with a density bonus and other incentives or concessions for the production of lower income housing units or the donation of land within the development if the developer, among other things, agrees to construct a specified percentage of units for very low, low-, or moderate-income households or qualifying residents. Existing law requires continued affordability for 55 years or longer, as specified, of all very low and low-income units that qualified an applicant for a density bonus.This bill would make technical, nonsubstantive changes to these provisions.
The Quimby Act, within the Subdivision Map Act, authorizes the legislative body of a city or county to require the dedication of land or to impose fees for park or recreational purposes as a condition of the approval of a tentative or parcel subdivision map, if specified requirements are met.This bill would define the term "fee," as used in the Quimby Act with regard to the expenditure of fees, to include any interest income generated from a fee charged and collected pursuant to that act.The Planning and Zoning Law authorizes the legislative body of a city, including a charter city, a county, or a city and county under specified conditions to adopt for a period of 45 days as an urgency measure an interim ordinance prohibiting any uses that may be in conflict with a contemplated general plan, specific plan, or zoning proposal that the legislative body, the planning commission, or the planning department is considering or studying or intends to study within a reasonable time. The law also authorizes prescribed extensions of the interim ordinance, subject to specified conditions. The law further requires the legislative body to issue a written report describing the measures taken to alleviate the condition which led to the adoption of the interim ordinance at least 10 days prior to the expiration of the interim ordinance or any extension.This bill would instead require the written report to be issued 15 days prior to the expiration of the interim ordinance or any extension.The Planning and Zoning Law requires a city or county to adopt a comprehensive, long-term general plan for the physical development of the city or county and of any land outside its boundaries that bears relation to its planning. That law also requires the general plan to contain specified mandatory elements, including a housing element for the preservation, improvement, and development of housing. Existing law prescribes requirements for the preparation of the housing element.This bill would make nonsubstantive changes to the provisions regarding the preparation of the housing element.
Existing law, the Planning and Zoning Law, requires every city, county, and city and county to revise the housing element of its general plan as frequently as is appropriate, but not less than every 5 years, to reflect the results of the periodic review of the housing element. Existing law requires the department, based upon data provided by the Department of Finance and in consultation with each council of government (COG), to determine the regional share of the statewide housing need for the subsequent revisions to the housing element.
This bill would authorize a person discharged from service in the United States military to file his or her Department of Defense Certificate of Release or Discharge From Active Duty (DD 214) with the county recorder of his or her place of residence, and would require that the city or county in which the person resides be credited with the production of a new housing unit for the 2014-22 regional housing needs assessment cycle. By imposing additional duties upon local agencies, this bill would impose a state-mandated local program.
AB 1368
Bake
r R Housing element: discharged military personnel.
AB 1230
Gom
ez D Zoning
regulations: interim ordinances.
AB 1316
Lope
z D Housing
elements.
AB 1191
Naz
aria
n D Quimby Act:
fees.
AB 504
Gon
zale
z D General plans.
AB 744
Cha
u D Planning and
zoning: density bonuses.
Land Use
AB 169
Mai
ensc
hein
R Land use: subdivisions.
15
The Planning and Zoning Law requires a city or county to adopt a comprehensive, long-term general plan for the physical development of the city or county and of any land outside its boundaries that bears relation to its planning. That law also requires the general plan to contain specified mandatory elements, including a housing element for the preservation, improvement, and development of housing. Existing law requires the housing element to include specified information.This bill would make nonsubstantive changes to the provision regarding the information required to be included in the housing element.The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report (EIR) on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. CEQA exempts specified projects from its requirements.This bill would exempt from the requirements of CEQA homeless complex projects, as defined. Because a lead agency would be required to determine the applicability of this exemption, this bill would impose a state-mandated local program.Existing law requires each local agency to comply with all applicable building and zoning ordinances of the county or city in which the territory of the local agency is situated. Existing law provides that each local agency and each school district whose school buildings are subject to inspection by a county or city are subject to the payment of any applicable fees, but that those fees may not exceed the amount charged to nongovernmental agencies for the same services or permits.This bill would make technical, nonsubstantive changes to these provisions.
Existing law authorizes the Department of Housing and Community Development to make investigations of housing and community development in the state.Existing law requires fees charged by a local agency for specified purposes, including zoning variances, zoning changes, use permits, building inspections, building permits, the processing of maps under the provisions of the Subdivision Map Act, and planning services, to not exceed the estimated reasonable cost of providing the service for which the fee is charged, unless a question regarding the amount of the fee charged in excess of this cost is submitted to, and approved by, 2/3 of the electors.This bill would require, by January 1, 2017, and every 5 years thereafter, the department to conduct a statewide survey of cities and counties to determine the total amount of fees and charges imposed on new home construction by local jurisdictions and submit the survey to specified committees of the Legislature.The Planning and Zoning Law requires the legislative body of a city or county to adopt a comprehensive, long-term general plan that includes various elements, including, among others, a safety element for the protection of the community from unreasonable risks associated with the effects of various geologic hazards, flooding, and wildland and urban fires.This bill would, upon the next revision of the housing element on or after January 1, 2017, require the safety element to be reviewed and updated as necessary to address climate adaptation and resiliency strategies applicable to that city or county. The bill would require the update to include a set of goals, policies, and objectives based on the most current information available regarding climate change adaptation and resiliency. By imposing new duties on cities and counties, the bill would impose a state-mandated local program.The Planning and Zoning Law requires each city, county, or city and county to prepare and adopt a general plan for its jurisdiction that contains certain mandatory elements, including a housing element. That law requires the housing element to identify, among other things, the existing and projected housing needs of all economic segments of the community.This bill would make nonsubstantive changes to that law.
The Planning and Zoning Law requires each city, county, and city and county to prepare and adopt a general plan that contains certain mandatory elements, including a housing element. The law requires the housing element to contain specified information.This bill would revise references to redevelopment agencies within those housing element provisions to instead refer to successor housing agencies and would make other nonsubstantive changes to the housing element requirement.
SB 511
Ngu
yen
R Housing element.
SB 581
Can
nella
R Land use: housing element.
SB 341
Ngu
yen
R Housing: local fees: study.
SB 379
Jack
son
D Land use: general plan: safety element.
AB 1500
Mai
ensc
hein
R California Environmental Quality Act: homeless complex projects: exemption.
SB 313
Gal
gian
i D Local government: zoning ordinances: compliance.
AB 1431
Gom
ez D Housing
element.
16
The Planning and Zoning Law requires each city, county, and city and county to prepare and adopt a general plan that contains certain mandatory elements, including, but not limited to, a housing element that analyzes existing and projected housing needs. Existing law includes various legislative findings and declarations related to the statewide importance of housing availability and the responsibility of local government to address regional housing needs.This bill would make nonsubstantive changes to that provision.
Until January 1, 2018, existing law permits an owner of specified residential property in the Cities of Palmdale and Lancaster in the County of Los Angeles or the City of Ukiah in the County of Mendocino to register vacant real property with the local law enforcement agency and to execute a Declaration of Ownership of Residential Real Property that may be filed with the local law enforcement agency of the jurisdiction in which the property is located. Existing law requires the local law enforcement agency with which the property is registered to respond as soon as practicable after being notified that an unauthorized person has been found on the property and take specified action, including requiring a person who is found on the property to produce written authorization to be on the property or other evidence demonstrating the person's right to possession, and notifying any person who does not produce that authorization or other evidence that the owner or owner's agency may seek to obtain a court order and that the person will be subject to arrest for trespass if he or she is subsequently found on the property in violation of that order.This bill would extend the residential property subject to these provisions to include the City of Eureka in the County of Humboldt, the City of Fairfield in the City of Solano, and the Counties of Humboldt and Lake. By expanding the scope of the crime of perjury and by imposing new duties on local law enforcement agencies, this bill would create a state-mandated local program.Existing law establishes a small claims division, known as a small claims court, in each superior court. Existing law provides that the small claims court has jurisdiction over actions seeking certain forms of relief, including money damages in specified amounts. Existing law prohibits a city, county, city and county, school district, county office of education, community college district, local district, or any other local public entity from filing a claim in the small claims division if the amount of the demand exceeds $5,000. Existing law also provides that a small claims action filed by a city, county, city and county, school district, county office of education, community college district, local district, or any other local public entity must be transferred out of the small claims division if the opposing party is represented by legal counsel and properly informs the entity of this fact.This bill would give the small claims court jurisdiction over an action filed by a city, county, city and county, school district, county office of education, community college district, local district, or any other local public entity if the amount of the demand does not exceed $10,000. This bill would also eliminate the provision relating to the transfer of small claims actions where the opposing party is represented by counsel.Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including water corporations, as defined. Existing law authorizes the commission to fix the rates and charges for every public utility, and requires that those rates and charges be just and reasonable. Existing law requires the Public Utilities Commission to consider, and authorizes the commission to implement, programs to provide rate relief for low-income ratepayers of a water corporation.Existing law establishes the Department of Community Services and Development in state government and vests with the department various powers and authority regarding the implementation and administration of programs to assist low-income individuals in the state.This bill would require the department, no later than January 1, 2017, in collaboration with the State Board of Equalization and relevant stakeholders, to develop a plan for the funding and implementation of the Low-Income Water Rate Assistance Program, which would include specified elements. The bill would require the department, no later than January 1, 2017, to report to the Legislature on its findings regarding the feasibility and desired structure of the program, including any recommendations for legislative action that may need to be taken.
AB 401
Dod
d D Low-Income
Water Rate Assistance Program.
AB 280
Brow
n D Small claims
court: jurisdiction.
SB 764
Mor
rell
R Land use: housing.
Landlord-Tenant
AB 205
Woo
d D Residential
property: possession by declaration.
17
(1) Existing law, until January 1, 2016, authorizes a tenant to notify the landlord in writing that he or she or a household member, as defined, was a victim of an act of domestic violence or sexual assault and that the tenant intends to terminate the tenancy. Existing law requires that the tenant attach to the notice to terminate a copy of a temporary restraining order or protective order that protects the tenant or household member from further domestic violence or sexual assault or to attach a report by a peace officer stating that the tenant or household member has filed a report alleging he or she or the household member is a victim of domestic violence or sexual assault.This bill would reduce the time limit for a tenant to give a notice of intent to vacate to the landlord under these provisions from 30 days to 14 days. The bill would reduce the time that the landlord has to return the tenant's security deposit from 21 days to 14 days and would eliminate certain requirements regarding inspectionswhen the tenant vacates the premises under these provisions. This bill would extend these provisions indefinitely.(2) Existing law specifies the conditions required for a landlord to retain some or all of a tenant's security deposit, based on specified criteria and authorizes the tenant to request an inspection of the premises by the landlord and to be present during the inspection used to assess whether some or all of the security deposit will be retained.
This bill would make these inspection provisions inapplicable when the tenancy is terminated by a victim of crime under the above provisions and would make nonsubstantive, organizational changes to these security deposit provisions.The Personal Income Tax Law and the Corporation Tax Law allow various credits against the taxes imposed by those laws.This bill would allow, for taxable years 2016 through 2021, a tax credit under both laws in an amount equal to 30% of the qualified costs paid or incurred by a qualified taxpayer for any seismic retrofit construction on a qualified building, as defined. This bill would require a taxpayer to obtain a certification from the appropriate jurisdiction with authority for building code enforcement of the area in which the building is located that the building is an at-risk property, as defined, and to provide that certification to the Franchise Tax Board upon the request of the Franchise Tax Board.Existing law prohibits an admitted insurer licensed to issue policies of residential property insurance from failing or refusing to accept an application for, or issuing a policy to an applicant for, that insurance, except as specified, or from canceling the insurance, under conditions less favorable to the insured than in other comparable cases, except for reasons applicable alike to persons of every sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, or sexual orientation. Existing law provides that sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, or sexual orientation shall not, of itself, constitute a condition or risk for which a higher rate, premium, or charge may be required of the insured.Existing law also prohibits an application for one of these policies, or an insurance investigation report, from carrying any identification, or any requirement therefor, of the applicant's sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, or sexual orientation.This bill would add certain other classifications and facts relating to the insured or the insured property to the categories that may not be used by an insurer for the purposes described above.This bill would also prohibit insurers issuing policies of commercial insurance for multifamily housing developments intended for low and moderate income families or agricultural employees and their families, as specified, from using a prohibited underwriting classification, as defined, to fail or refuse an application or issue a policy to an applicant, to cancel or fail to renew a policy, to charge a higher rate, premium, or charge, or to impose different requirements, as specified.Existing law imposes various obligations on landlords who rent out residential dwelling units, including the general requirement that the building be in a fit condition for human occupation. Among other responsibilities, existing law requires a landlord of a residential dwelling unit to provide each new tenant who occupies the unit with a copy of the notice provided by a registered structural pest control company, as specified, if a contract for periodic pest control service has been executed.This bill would express the intent of the Legislature to enact legislation that would adopt statewide standards to govern the responsibility of landlords and tenants for the inspection and control of bedbugs in residential rental properties.Existing law establishes procedures for conducting expedited jury trials in civil cases where the parties sign a consent order to stipulate that those procedures apply. Pursuant to these procedures, all parties agree to waive all rights to appeal and to move for a directed verdict or to make any posttrial motions, except as provided. Existing law repeals these provisions on January 1, 2016.This bill would delete that repeal date, thereby extending the operation of these provisions indefinitely.
AB 555
Alej
o D Civil actions.
AB 551
Naz
aria
n D Rental
property: bedbugs.
AB 428
Naz
aria
n D Income taxes
credit: seismic retrofits.
AB 447
Mai
ensc
hein
R Property insurance: discrimination.
AB 418
Chi
u D Tenancy:
termination: victims of violent crime.
18
Existing law establishes the general presumption that a contractual provision liquidating the damages for the breach of a contract is valid unless the party seeking to invalidate the provision establishes that the provision was unreasonable under the circumstances existing at the time the contract was made. Existing law excepts from the presumption certain contracts, including those for damages that are to be recovered from a party to a lease of a dwelling.This bill would provide that if parties to a pending action stipulate for settlement of an action, as specified, a provision of the stipulation liquidating damages for breach of the stipulation is valid unless the party seeking to invalidate the liquidated damages provision establishes that the amount of liquidated damages exceeds the damages, interest, recoverable costs, and reasonable attorney's fees sought in the action.
The California Coastal Act of 1976 requires the California Coastal Commission to implement and administer various coastal protection programs in the state, and requires any person undertaking development in the coastal zone to obtain a coastal development permit issued by the commission in accordance with prescribed procedures. Existing law requires a person receiving a coastal development permit or certificate of exemption for development on a vacant lot within an area designated pursuant to certain provisions to pay an "in-lieu" public access fee, for deposit into the Coastal Access Account. Existing law authorizes money in the account to be available, upon appropriation, to the State Coastal Conservancy for grants to public and nonprofit entities for development, maintenance, and operation of new or existing facilities that provide public access to the shoreline of the sea.
This bill would authorize "in-lieu" public access fees in the account to be made available, upon appropriation, to the commission for purposes of retaining and developing low-cost accommodations, as defined, along the coast by providing low-interest loans and entering into cost-sharing agreements for the renovation of those facilities.The bill would also declare the intent of the Legislature to enact legislation to authorize the California Coastal Commission to accept conservation easements for purposes of low-cost accommodations in the coastal zone that would provide tax advantages to the property owner in return for the loss of development rights.Under existing law, when a verbatim record of a superior court proceeding is not made at public expense, the cost of making that record is required to be paid by the parties in equal proportion, except that either party may, at his or her option, pay the whole.This bill would make technical, nonsubstantive changes to these provisions.
Existing law requires the charge of an official court reporter fee, in addition to any other fee required in civil actions or cases. For each proceeding lasting more than one hour, existing law imposes a fee equal to the actual cost of providing that service per 1/2 day of services to the parties, on a pro rata basis. For each proceeding anticipated to last one hour or less, existing law imposes a fee of $30 for the reasonable cost of court reporting services provided at the expense of the court by an official court reporter.This bill would make a technical, nonsubstantive change to these provisions.
Existing law enumerates costs that a prevailing party in a civil action may recover. Existing law allows a prevailing party to recover court interpreter fees if the court authorized the use of a qualified court interpreter for an indigent person represented by a qualified legal services project.
This bill would allow a prevailing party to recover court interpreter fees without this condition.
AB 1002
Wilk
R Civil actions: interpreter costs.
AB 804
Her
nánd
ez, R
oger
D Courts: superior court fees: official court reporters.
AB 694
Ren
don
D California Coastal Commission: fees: low-cost accommodation.
AB 749
Bloo
m D Superior
courts: reporters.
AB 687
Wilk
R Contracts: liquidated damages.
19
(1) Existing law authorizes a party, pursuant to a specified procedure, to move for summary judgment in any action or proceeding if it is contended that the action has no merit or that there is no defense to it and to move for summary adjudication as to certain issues in the action or proceeding. Existing law provides that a motion for summary adjudication shall be granted only if it completely disposes of a cause of action, affirmative defense, claim for damages, or issue of duty.This bill would allow a motion for summary adjudication that does not completely dispose of a cause of action, affirmative defense or issue of duty if the parties whose claims or defenses are put at issue by the motion jointly stipulate as to the issue or issues to be adjudicated and declare that a ruling on the motion would further the interest of judicial economy, and if the court grants the motion, having considered any timely objections made by nonstipulating parties. This bill would also prescribe the contents of, and signatories to, the notice of motion, among other provisions.(2) Existing law, operative until January 1, 2016, establishes procedures for conducting expedited jury trials in civil cases where the parties sign a consent order to stipulate that those procedures apply, including provisions for a jury of 8 or fewer members, with no alternates, a limit of 3 peremptory challenges for each side, and a limit of 3 hours for each side to present its case. Existing law provides that all parties waive all rights to appeal and to move for a directed verdict or to make any posttrial motions, except as provided.This bill would delete that repeal date, thereby extending the operation of these provisions indefinitely.
(3) Existing law permits a party to serve an offer in writing upon any other party to an action prior to commencement of trial or arbitration to allow judgment to be taken or an award to be entered in accordance with agreed upon terms and conditions. Existing law provides that if an offer made by a plaintiff is not accepted and the defendant fails to obtain a more favorable judgment or award, the court or arbitrator may require the defendant to pay a reasonable sum to cover postoffer costs of the services of expert witnesses, as specified.This bill would instead require the defendant to pay a reasonable sum to cover expert witness costs whether or not the costs arose postoffer.Existing law authorizes the legislative body of a city or county to levy a tax on the privilege of occupying a room or other living space in a hotel, inn, tourist home or house, motel, or other lodging unless the occupancy is for a period of more than 30 days, as provided. The California Constitution also provides that a charter city may levy local taxes to raise revenues for local purposes, subject to restrictions imposed by that city's charter or preemption in matters of statewide concern.This bill would prohibit a legislative body of a local agency, defined to mean any city, county, city and county, including any chartered city, county, or city and county, from levying a tax on the privilege of occupying a residential short-term rental unit, as defined.This bill would make legislative findings and declarations regarding the statewide concern of excluding the occupancy of a residential short-term rental unit from local transient occupancy taxes to ensure statewide uniformity and fairness in how those taxes are applied.Existing law establishes a program within all cities and all counties and portions thereof located within seismic zone 4, as described, to identify all potentially hazardous buildings, as defined, establish a mitigation program for these buildings, and file a report on the programs with the Seismic Safety Commission. Among other tax incentives, the Personal Income Tax Law and the Corporation Tax Law allow various credits against the taxes imposed by those laws.This bill would declare the intent of the Legislature to enact legislation that would create and fund a program to assist California homeowners with earthquake mitigation repairs to their homes.
AB 1220
Har
per R Transient
occupancy taxes: short-term rentals units.
AB 1429
Chi
u D Earthquake
mitigation retrofit program: homes.
AB 1141
Cha
u D Civil actions.
20
(1) Existing law generally regulates the hiring of dwelling units and, among other things, imposes certain requirements on landlords and tenants. Among these requirements, existing law requires landlords to provide tenants with certain notices or disclosures pertaining to, among other things, pest control and gas meters.This bill would express the intent of the Legislature to encourage the conservation of water in multifamily residential rental buildings through means either within the landlord’s or the tenant’s control, and to ensure that the practices involving the submetering of dwelling units for water service are just and reasonable, and include appropriate safeguards for both tenants and landlords.(2) The California Building Standards Law provides for the adoption of building standards by state agencies by requiring all state agencies that adopt or propose adoption of any building standard to submit the building standard to the California Building Standards Commission for approval and adoption. Existing law creates the Building Standards Administration Special Revolving Fund and requires that funds deposited into the fund be expended, upon appropriation by the Legislature, to carry out specified provisions of law that relate to building standards, with emphasis placed on certain activities relating to green building standards.This bill would authorize the Department of Housing and Community Development to develop and propose for adoption by the commission building standards that require the installation of water submeters in multiunit residential buildings, as specified. This bill would provide that moneys in the fund are available to the department, upon appropriation, for administrative costs associated with the development of building standards that require the installation of water submeters in multiunit residential buildings.Existing law, the Stop Tobacco Access to Kids Enforcement (STAKE) Act, prohibits a person from selling or otherwise furnishing tobacco products to minors. Existing law permits enforcing agencies to assess various civil penalties for violations of the STAKE Act. Existing law makes it a crime to furnish tobacco products to minors. Existing law also prohibits a person from selling or otherwise furnishing an electronic cigarette to minors, and makes a violation punishable as an infraction.This bill would change the STAKE Act's definition of tobacco products to include electronic devices, such as electronic cigarettes, that deliver nicotine and make furnishing such a tobacco product to a minor a misdemeanor.
Existing law authorizes specified members of the United States Military Reserve or the National Guard who are called to active duty to defer payments on certain obligations while serving on active duty.This bill would make technical, nonsubstantive changes to those provisions.
Existing law regulates the hiring of dwelling units, as defined. Existing law requires a landlord of a residential dwelling unit to provide a new tenant with certain disclosures, including, but not limited to, specified notice from a registered structural pest control company regarding the use of pesticides at the dwelling unit if a contract for periodic pest control service has been executed.This bill would require the landlord or the landlord's authorized agent, as defined, to provide a current tenant with specified notice of the use of pesticides at the dwelling unit if the landlord or authorized agent applies any pesticide without a licensed pest control operator.Existing law, commonly known as the Ellis Act, generally prohibits public entities from adopting any statute, ordinance, or regulation, or taking any administrative action, to compel the owner of residential real property to offer or to continue to offer accommodations, as defined, in the property for rent or lease.This bill would authorize the City and County of San Francisco to prohibit an owner of accommodations from filing a notice of an intent to withdraw accommodations or prosecuting an action to recover possession of accommodations, or threatening these actions, unless all the owners of the accommodations have been owners of record for 5 continuous years or more, except as specified, or with respect to property that the owner acquired within 10 years after providing notice of an intent to withdraw accommodations at a different property. The bill would also permit the city and county to require an owner of accommodations notifying the city and county of an intention to withdraw accommodations from rent or lease to identify each person or entity with an ownership interest in the accommodations and to identify all persons or entities with an ownership interest in an entity. This information would be available for public inspection. The bill would provide specified, nonexclusive remedies that the city and county would be authorized to impose for a violation of these provisions.This bill would make legislative findings and declarations as to the necessity of a special statute for the City and County of San Francisco.
SB 364
Leno
D Withdrawal of rental units.
SB 160
Nie
lsen
R Military and veterans.
SB 328
Hue
so D Landlords:
notice of pesticide use.
SB 7
Wol
k D Housing: water
meters: multiunit structures.
SB 140
Leno
D Electronic cigarettes.
21
Under existing law, a party in a civil action may object to a complaint, cross-complaint, or answer by demurrer if the ground for the objection appears on the face of the pleading or is from a matter of which the court must or may take judicial notice. If the ground for the objection does not appear on the face of the pleading, existing law permits the objection to be taken by answer. Existing law permits a party objecting to a complaint or cross-complaint to demur and answer at the same time.This bill would make a technical, nonsubstantive change to these provisions.
Existing law authorizes a party, pursuant to a specified procedure, to move for summary judgment in any action or proceeding if it is contended that the action has no merit or that there is no defense to it and to move for summary adjudication as to certain issues in the action or proceeding. Existing law requires the court to grant a motion for summary judgment if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to a judgment as a matter of law. In determining whether the papers show that there is no triable issue as to any material fact, existing law requires the court to consider all of the evidence set forth in the papers, except evidence to which objections have been made and sustained by the court.This bill would authorize a court, in its discretion, to rule only on objections made to evidence that is material to the disposition of the motion for summary judgment. The bill would provide that any objection not ruled on for purposes of the motion for summary judgment would be preserved on appeal.
Existing law establishes the California Earthquake Authority, which is authorized to transact insurance in the state as necessary to sell policies of basic residential earthquake insurance, as provided. Existing law provides that a public purpose will be served by a voluntary contractual assessment program that provides the legislative body of a public agency with the authority to finance the installation of seismic strengthening improvements that are permanently fixed to residential, commercial, industrial, agricultural, or other real property. For purposes of financing the installation of seismic strengthening improvements, "public agency" means a city, county, or city and county.This bill would include the California Earthquake Authority as part of the definition of "public agency" for this purpose.
The Improvement Bond Act of 1915, provides authority for the legislative body of any city to determine that bonds may be issued to pay for specified works of improvement. The Municipal Improvement Act of 1913 authorizes the legislative body of a municipality to pay or make funds available to enable the owners of lots or parcels of real property to pay for work deemed necessary to bring real property or buildings into compliance with seismic safety standards or regulations, as provided.This bill would include the California Earthquake Authority as part of the definition of "city" or "municipality" for purposes of these acts.
Existing law authorizes the Earthquake Loss Mitigation Fund, a continuously appropriated fund, to be applied to supply grants and loans or loan guarantees to dwelling owners who wish to retrofit their homes to protect against earthquake damage.
This bill would also authorize the money in the fund to be used to fund seismic strengthening improvements permanently fixed to residential, commercial, industrial, agricultural, or other real property, and to acquire debt obligations issued to fund these improvements, thereby making an appropriation.(1) The State Housing Law, which is administered by the Department of Housing and Community Development, prescribes standards for buildings used for human habitation and establishes definitions for this purpose. The law provides that a building, or a portion of it, in which certain conditions are found to exist, such as a lack of sanitation, as specified, is substandard. The law provides that a violation of these provisions is a misdemeanor.
This bill would specify that visible or otherwise demonstrable mold growth, excepting mold caused by inappropriate housekeeping practices or improper use of ventilation, is a type of inadequate sanitation and therefore a substandard condition. The bill would define mold as living or dead fungi or its related products or parts, including spores and hyphae. By expanding the definition of a crime, this bill would impose a state-mandated local program.
SB 761
Hal
l
Short-term rentals.
Intent bill to regulate disclosures about short-term rentals to tenants.
Existing law regulates the terms and conditions of residential tenancies. Existing law requires a landlord or his or her agent to allow a tenant to pay rent or a security deposit by at least one form of payment that is neither cash nor electronic funds transfer, except as specified.This bill would state the intent of the Legislature to enact legislation that would clarify when a landlord or his or her agent agrees that a tenant's payment for rent or deposit for security is accepted or rejected.
SB 655
Mitc
hell
D Housing standards: mold.
SB 775
Alle
n D Tenancy:
deposits.
SB 470
Jack
son
D Civil actions: summary judgment.
SB 602
Mon
ning
D Seismic safety: California Earthquake Authority.
SB 383
Wie
ckow
ski D Civil actions:
objections to pleadings.
22
The California Constitution and existing property tax law authorize persons over the age of 55 and persons who are severely and permanently disabled, as specified, to transfer the base year value, as defined, of property to replacement property, if certain conditions are met.
This bill would additionally authorize the transfer of the base year value of property to replacement property for persons who have a severely and permanently disabled child. This bill would apply this property tax relief to replacement dwellings that are purchased or newly constructed on or after January 1, 2016.Existing law authorizes the county board of equalization or the assessment appeals board to order the penalty abated for failure to file a specified property statement or change in ownership statement, if the assessee establishes to the satisfaction of the county board of equalization or the assessment appeals board that the failure to file the property statement or change in ownership statement within the specified time required was due to reasonable cause and not due to willful neglect and the assessee has filed a written application for abatement of the penalty, as provided.This bill would instead authorize the penalty to be abated if the assessee establishes that the failure to file the property statement or change in ownership statement within the specified time period was due to reasonable cause and circumstances beyond the assessee's control, and occurred notwithstanding the exercise of ordinary care in the absence of willful neglect.The Mobilehome Residency Law governs the terms and conditions of residency in mobilehome parks and prescribes the content of a rental agreement for a tenancy. The law requires that a copy of the Mobilehome Residency Law be provided as an exhibit and incorporated into the rental agreement by reference.
This bill would make technical, nonsubstantive changes in these provisions.
Existing law authorizes the transfer of the ownership and operational responsibility for the provision of electric or gas service from an owner of a master-metered mobilehome park or manufactured housing community that provides electric or gas service to residents to the electric or gas corporation providing service in the area in which the mobilehome park or manufactured housing community is located. Existing law requires the Public Utilities Commission to adopt a standard form of agreement for transfer of gas and electric distribution facilities in these parks and communities that is required to be the basis for expedited approval of the transfers.This bill would declare the intent of the Legislature to enact legislation to address implementation issues regarding commission decision 14-03-021 and the voluntary conversion of electric and natural gas master-metered service at mobilehome parks to direct service by corporations providing electric or natural gas or both.The Mobilehome Residency Law governs tenancies in mobilehome parks, including, among other things, imposing various duties on the owners or managers of mobilehome parks.
This will would authorize the management of a mobilehome park to dispose of a mobilehome, as provided, left upon the premises by a tenant or lienholder under specified circumstances. This bill would require the landlord, prior to disposing of the mobilehome, to provide written notice to the tenant and owner, and would require the notice to contain specified information. This bill would also require the landlord to provide a copy of the notice to specified persons, including, among others, a lienholder. This bill would require the tenant or lienholder to respond to the notice in writing by a date specified, or to remove the mobilehome within 30 days after the mailing of the notice. This bill would require the landlord, after notifying the tenant, to store the abandoned mobilehome and to exercise reasonable care for the mobilehome. This bill would authorize the landlord, if the tenant or lienholder responds to the notice on or before the date specified in the notice, to require payment of storage charges and costs incidental to storage prior to allowing the tenant or lienholder onto the premises to remove the mobilehome. This bill would conclusively presume, if the tenant or lienholder does not respond to the notice on or before the date specified in the notice, that the mobilehome is immediately subject to salvage, demolition, removal, or other abatement, and would provide that the tenant and any lienholder shall have no further right, title, or interest to the mobilehome. This bill would also require the Department of Housing and Community Development to immediately issue a salvage permit at 1/2 of the amount that would otherwise be due. This bill would also provide that the landlord is not responsible for any loss to the tenant or lienholder resulting from storage, demolition, salvage, or removal of the mobilehome in compliance with these provisions, and compliance in good faith with these provisions constitutes a complete defense in any action brought by a tenant or lienholder against a landlord for loss or damage to a mobilehome that has been disposed of.
AB 999
Dal
y D Mobilehomes:
disposal.
AB 682
Willi
ams
D Electric and gas service: master-meter customers.
Mobilehomes
AB 571
Brow
n D Property
taxation.
AB 587
Cha
u D Mobilehome
park rental agreements.
23
The Mobilehome Residency Law authorizes the management of a mobilehome park to, until January 1, 2016, file a petition for an order to enjoin a continuing or recurring violation of a reasonable rule or regulation of the mobilehome park within the limited jurisdiction of the superior court of the county in which the mobilehome community is located. Existing law, until January 1, 2016, treats these actions for injunctive relief as a limited civil case.This bill would extend the operation of these provisions indefinitely.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The Mobilehome Parks Act requires the Department of Housing and Community Development to establish regulations for manufactured home, mobilehome, and commercial modular foundation systems. Existing law requires the installation of a manufactured home, mobilehome, or commercial modular as a fixture or improvement to real property to comply with specified provisions, including obtaining a building permit and submission of plans as required by the department's regulations.The Vehicle License Fee Law exempts from imposition of the vehicle license fee mobilehomes sold and installed on a foundation system pursuant to the above-described provisions and provides that a mobilehome exempted by this provision is subject to local property taxation. Existing law also requires the Department of Housing and Community Development to transfer a manufactured home or mobilehome which is subject to the vehicle license fee to local property taxation upon a request executed by the owner, legal owner, and each junior lienholder.
This bill would require the owner of a manufactured home or mobilehome to request a transfer from the vehicle license fee to local property taxation in order for the manufactured home or mobilehome to be installed as a fixture or improvement on real property.
Existing law, on and after February 20, 2009, prohibited a person from filing a claim for postponement, and prohibited the Controller from accepting applications for postponement of ad valorem tax, under the Senior Citizens and Disabled Citizens Property Tax Postponement Law. Existing law, as of July 1, 2016, makes inoperative the prohibition against a qualifying person, as specified, filing a claim for postponement and the Controller from accepting applications for postponement under the program and repeals this prohibition on January 1, 2017. Existing law does not allow owners of mobilehomes, houseboats, and floating homes to seek postponement of ad valorem taxes when the prohibition is lifted.This bill would authorize an owner of a mobilehome or floating home, who is a qualified person, to seek postponement of ad valorem taxes under provisions similar to other owners of real property.
None
Gov
erno
r Wind-down. Governor's proposal to retroactively reverse decisions lost by the Administration, prinicipally against cities, regarding the redevelopment Dissolution Act.
The Community Redevelopment Law authorizes the establishment of redevelopment agencies in communities to address the effects of blight, as defined by means of redevelopment projects financed by the issuance of bonds serviced by tax increment revenues derived from the project area. Existing law dissolved redevelopment agencies and community development agencies, as of February 1, 2012, and provides for the designation of successor agencies to wind down the affairs of the dissolved agencies and to fulfill the enforceable obligations of those agencies. Existing law also provides for various economic development programs that foster community sustainability and community and economic development initiatives throughout the state.
This bill would state the intent of the Legislature to enact legislation that would authorize certain local agencies to form a community revitalization authority within a community revitalization and investment area, as defined, to carry out provisions of the Community Redevelopment Law in that area for purposes related to, among other things, infrastructure, affordable housing, and economic revitalization, and to provide for the financing of these activities by, among other things, the issuance of bonds serviced by tax increment revenues.
Tax Increment- IFDs, Redevelopment
AB 2
Alej
o D Community
revitalization authority.
SB 477
Leyv
a D Property tax
postponement: mobilehomes and floating homes.
SB 434
Alle
n D Manufactured
housing: vehicle license fee: property taxation.
SB 244
Vida
k R Mobilehomes:
injunctions.
24
Existing law dissolved redevelopment agencies and community development agencies as of February 1, 2012, and provides for the designation of successor agencies to wind down the affairs of the dissolved redevelopment agencies, subject to review by oversight boards, and to, among other things, make payments due for enforceable obligations and to perform obligations required pursuant to any enforceable obligation. Existing law authorizes, in each county where more than one oversight board was created, only one oversight board to be appointed on and after July 1, 2016.This bill would require an oversight board within the County of Los Angeles to continue to independently operate past the July 1, 2016, consolidation date, until its successor agency adopts a resolution dissolving the board, as provided.Existing law authorizes the legislative body of a city or a county, defined to include a city and county, to establish an enhanced infrastructure financing district to finance public capital facilities or other specified projects of communitywide significance, including, but not limited to, the acquisition, construction, or rehabilitation of housing for persons of low and moderate income for rent or purchase. Existing law requires proceedings for the establishment of a district to be instituted by the adoption of a resolution of intention to establish the proposed district, and imposes specified duties on the legislative body with respect to the preparation, proposal, and adoption of an infrastructure financing plan after that resolution of intent is adopted.This bill would authorize the enhanced infrastructure financing district to finance the acquisition, construction, or rehabilitation of housing for persons of very low income for rent or purchase, as provided.
Existing law requires the infrastructure financing plan to provided for specific actions if any dwelling units are proposed to be removed or destroyed in the course of private development or public works construction within the area of the district, including, but not limited to, causing or requiring the construction or rehabilitation, for rent or sale to persons or families of low or moderate income, of an equal number of replacement dwelling units at affordable housing cost within the territory of the district and providing relocation assistance to persons displaced by any public or private development occurring within the territory of the district.This bill would revise and recast those provisions, and would require the infrastructure financing plan to contain those provisions if any dwelling units are proposed to be removed or destroyed either in the course of private development that is financed by the district or by public works construction resulting from the infrastructure financing plan.
The Community Redevelopment Law authorized the establishment of redevelopment agencies in communities to address the effects of blight, as defined. Existing law dissolved redevelopment agencies as of February 1, 2012, and provides for the designation of successor agencies, as defined. Existing law requires successor agencies to wind down the affairs of the dissolved redevelopment agencies. Existing law requires a successor agency to, among other things, prepare a Recognized Obligation Payment Schedule for payments on enforceable obligations for each 6-month fiscal period.This bill would, commencing July 1, 2016, revise the timeline for the preparation of the required Recognized Obligation Payment Schedule to provide that the successor agency prepare a schedule for a 12-month fiscal period, with the first of these periods beginning July 1, 2016, and would authorize the Recognized Obligation Payment Schedule to be amended by the oversight board during a 12-month fiscal period if the amendment is approved at least 90 days before the date of the next property tax distribution.
AB 712
Mul
lin D Redevelopment
: successor agencies: Recognized Obligation Payment Schedule.
AB 204
O'D
onne
ll D Redevelopment
: County of Los Angeles.
AB 313
Atki
ns D Enhanced
infrastructure financing districts.
25
(1) Existing law dissolved redevelopment agencies and community development agencies as of February 1, 2012, and provides for the designation of successor agencies to wind down the affairs of the dissolved redevelopment agencies, subject to review by oversight boards, and to, among other things, make payments due for enforceable obligations and to perform obligations required pursuant to any enforceable obligation. Existing law requires the Department of Finance to issue a finding of completion to a successor agency upon confirmation by the county auditor-controller that specified payments have been fully made by the successor agency. Existing law prohibits a successor agency from entering into contracts with, incurring obligations or making commitments to, any entity, as specified; or from amending or modifying existing agreements, obligations, or commitments with any entity, for any purpose. Existing law defines "enforceable obligation" for these purposes to generally exclude any agreements, contracts, or arrangements between the city, county, or city and county that created the redevelopment agency and the former redevelopment agency.This bill would authorize a successor agency, if the successor agency has received a finding of completion, to enter into, or amend existing, contracts and agreements, or otherwise administer projects in connection with enforceable obligations, if the contract, agreement, or project will not commit new property tax funds or otherwise adversely affect the flow of specified tax revenues or payments to the taxing agencies, as specified.This bill would allow each appointing authority to appoint an alternate representative to serve on the oversight board as may be necessary. This bill would provide that the alternative representative has the same participatory and voting rights as all other attending members of the oversight board, and would require the successor agency to promptly notify the Department of Finance regarding the appointment of any alternate representative.
(3) Existing law requires the disposition of assets and properties of the former redevelopment agency as directed by the oversight board, as specified, and suspends these requirements until the Department of Finance has approved a long-range property management plan, as specified. Upon approval of a long-range property management plan, the plan governs and supersedes all other provisions relating to the disposition and use of the real property assets of the former redevelopment agency. Existing law requires the property of a former redevelopment agency to be disposed of according to law if the department has not approved a long-range property management plan by January 1, 2016.This bill would authorize the department to require a compensation agreement or agreements, but would prohibit the department from requiring approval of the compensation agreement or agreements as part of the approval of a long-range property management plan. The bill would describe the criteria and standard to be applied by the department in approving a long-range property management plan. The bill would require the department to approve long-range property management plans as expeditiously as possible. This bill would also provide that actions relating to the disposition of property after approval of a long-range property management plan do not require review by the department.Existing law dissolved redevelopment agencies and community development agencies, as of February 1, 2012, and provides for the designation of successor agencies to, among other things, wind down the affairs of the dissolved redevelopment agencies and to make payments for enforceable obligations, as defined. Existing law requires a successor agency to employ a licensed accountant to conduct a due diligence review to determine the unobligated balances of the former redevelopment agency that are available for transfer to taxing entities. Existing law requires the Department of Finance to issue a finding of completion to a successor agency that completes the due diligence review and meets other requirements.This bill would provide that the requirements of a due diligence review have been satisfied if specified conditions with respect to a transfer of assets are met, and would provide in that event, that the successor agency is entitled to a finding of completion by the department.Existing law authorizes the legislative body of a city or a county, defined to include a city and county, to establish an enhanced infrastructure financing district, adopt an infrastructure financing plan, and issue bonds, for which only the district is liable, upon approval by 55% of the voters to finance public capital facilities or other specified projects of communitywide significance. Existing law requires the legislative body to establish a public financing authority, defined as the governing board of the enhanced infrastructure financing authority, comprised of members of the legislative body of the participating entities and of the public, as provided.This bill would make nonsubstantive changes to those provisions.
Existing law dissolved redevelopment agencies and community development agencies, as of February 1, 2012, and designates successor agencies, as defined. Existing law requires successor agencies to wind down the affairs of the dissolved redevelopment agencies. Existing law requires a successor agency to, among other things, continue to make payments due for enforceable obligations, remit unencumbered balances to the county auditor-controller for distribution, and dispose of assets, as directed.This bill would make technical, nonsubstantive changes to these provisions.
AB 1260
Thur
mon
d D Enhanced
infrastructure financing districts: public financing authority.
AB 1290
Dah
le R Community
redevelopment.
AB 1079
Obe
rnol
te R Successor
agencies: due diligence review: finding of completion.
AB 806
Dod
d D Redevelopment
: successor agencies to redevelopment agencies.
26
Existing law provides for various economic development programs throughout the state that foster community sustainability and community and economic development. Existing law also authorizes local agencies to finance the purchase, construction, expansion, improvement, or rehabilitation of certain types of facilities.This bill would state the intent of the Legislature to enact legislation that would authorize local governmental entities to use tax increment financing for the development of economic planning, infrastructure, and educational facilities.Under existing law, certain government entities are empowered to obtain private property for public use through the power of eminent domain proceedings. Existing law requires that eminent domain proceedings commenced by serving the summons by publication include, in addition to the summons, a description of the property sought to be taken.This bill would make a technical, nonsubstantive change to this provision.
The Community Redevelopment Law authorizes the establishment of redevelopment agencies in communities to address the effects of blight, as defined. Existing law dissolved redevelopment agencies as of February 1, 2012, and provides for the designation of successor agencies that are required to wind down the affairs of the dissolved redevelopment agencies and to, among other things, make payments due for enforceable obligations. Existing law authorized the former Redevelopment Agency of the City and County of San Francisco, subject to the approval of the board of supervisors of that city and county, to incur indebtedness exclusively for specified Low and Moderate Income Housing Fund activities until January 1, 2014, or until the agency replaced all of the housing units demolished prior to the enactment of the replacement housing obligations, and to receive tax increment revenues to repay indebtedness incurred for those activities until no later than January 1, 2044, as specified.
This bill would make a technical, nonsubstantive change to the provision authorizing the former Redevelopment Agency of the City and County of San Francisco to incur indebtedness exclusively for specified Low and Moderate Income Housing Fund activities.
Existing law, the Urban Water Management Planning Act, requires every public and private urban water supplier that directly or indirectly provides water for municipal purposes to prepare and adopt an urban water management plan and to update its plan once every 5 years on or before December 31 in years ending in 5 and zero, except as specified. The act requires an urban water supplier to submit to the Department of Water Resources a copy of its plan and requires the department to prepare and submit to the Legislature, on or before December 31, in the years ending in 6 and 1, a report summarizing the status of plans adopted pursuant to the act.
This bill, commencing January 1, 2017, would instead require an urban water supplier to update its plan at least once every 5 years on or before December 31 in years ending in 6 and one. The bill would instead require the department to submit its report to the Legislature, on or before December 31, in years ending in 7 and two.
Existing law declares the intent of the Legislature to, among other things, promote urban water conservation standards that are consistent with the California Urban Water Conservation Council's adopted best management practices and specified requirements for demand management.
This bill would make nonsubstantive changes to these findings and declarations.
Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including electrical corporations and gas corporations, as defined. Existing law authorizes the commission to fix the rates and charges for every public utility, and requires that those rates and charges be just and reasonable. Existing law requires the commission to establish a program of assistance to low-income electric and gas customers with annual household incomes that are no greater than 200% of the federal poverty guidelines, referred to as the California Alternate Rates for Energy or CARE program.This bill would provide that CARE program participants who fail to respond to an income verification request shall be permanently barred from self-certified reenrollment in the CARE program.
California Alternate Rates for Energy program: income verification.
Obe
rnol
te RAB 1331
Utilities
AB 149
Chá
vez
R Urban water management plans.
AB 1128
Jone
s-Sa
wye
r DWater conservation.
SB 116
Vida
k R Eminent
domain proceedings.
SB 441
Leno
D San Francisco redevelopment: housing.
SB 45
Men
doza
D Economic development.
