CA SB 747

Title: Land use: surplus land.
Author: Philip Y. Ting

Summary
SB 747, Caballero. Land use: surplus land. Existing law prescribes requirements for the disposal of surplus land by a local agency. Existing law defines terms for these purposes. Existing law defines “surplus land” to generally mean land owned in fee simple by a local agency for which the local agency’s governing body takes formal action in a public meeting declaring that the land is surplus and not necessary for the agency’s use. Existing law defines “agency’s use” to include land that is being used, is planned to be used pursuant to a written plan adopted by the local agency’s governing board, or is disposed of to support agency work or operations. Existing law excludes from “agency’s use” commercial or industrial uses or activities, or property disposed of for the sole purpose of investment or generation of revenue, unless the local agency is a district, except as specified, and the agency’s governing body takes specified actions in a public meeting. Existing law excludes from these requirements the disposal of exempt surplus land by an agency of the state or any local government. Existing law requires a local agency to declare land as either surplus land or exempt surplus land, as supported by written findings, before a local agency may take any action to dispose of it. Under existing law, exempt surplus land includes, among other types of land, property that is used by a district for an “agency’s use” as expressly authorized, land for specified developments, including a mixed-use development, if put out to open, competitive bid by a local agency, as specified, and surplus land that is subject to specified valid legal restrictions.This bill would define the term “dispose” for these purposes to mean the sale of the surplus property or a lease of any surplus property entered into on or after January 1, 2024, for a term longer than 15 years, including renewal options, as specified. The bill would provide that “dispose” does not include entering a lease for surplus land on which no development or demolition will occur, regardless of the term of the lease. The bill would also redefine the term “agency’s use” to include property owned by a port that is used to support logistics uses, sites for broadband equipment or wireless facilities, and waste disposal sites.This bill would revise and recast certain provisions related to exempt surplus land, including exempting surplus land that is less than one-half acre and not contiguous to land owned by a state or local agency that is used for open-space or low- and moderate- income housing purposes, and provisions related to mixed-use developments, among others. The bill would add various new categories of exempt surplus land, including (1) specified land that is owned by a California public-use airport on which residential uses are prohibited, (2) surplus land owned by a local agency whose primary mission or purpose is to supply the public with a transportation system that is developed for commercial, or industrial uses or activities, for the sole purpose of investment if certain conditions are met, and (3) land transferred to a community land trust, as specified. The bill would also specify that certain legal restrictions are valid legal restrictions and would require that for surplus land that is subject to valid legal restrictions to be considered exempt surplus land, a declaration of exemption must be supported by documentary evidence, as provided.This bill would specify that the law governing surplus land does not require a local agency to dispose of land that is determined to be surplus.Existing law requires a local agency disposing of surplus land to send a written notice of availability of the property to specified local agencies and housing sponsors before disposing of the property or participating in negotiations.This bill would specify additional actions that are not considered “participating in negotiations” for purposes of the above-described notice of availability requirem

Status
Enrolled and presented to the Governor at 4 p.m.

Bill Documents
CA SB 747 - 09/19/23 - Enrolled

CA SB 747 - 09/08/23 - Amended Assembly

CA SB 747 - 08/14/23 - Amended Assembly

CA SB 747 - 06/30/23 - Amended Assembly

CA SB 747 - 05/18/23 - Amended Senate

CA SB 747 - 05/01/23 - Amended Senate

CA SB 747 - 04/13/23 - Amended Senate

CA SB 747 - 03/22/23 - Amended Senate

CA SB 747 - 02/17/23 - Introduced

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Author Details

Phil Ting - D
Assemblyman - State Assembly - CA
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Sacramento, CA 94249-0019
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CA SB 747

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