Photo of Anna Caballero
D California Senate · District 14

Sen. Anna Caballero

Compare
Total votes
35,964
all sessions
Attendance
93%
1,819 missed
Near the chamber average
With party
99%
of cast votes
Near the chamber average
Bipartisan score
1%
crosses aisle rarely
Near the chamber average
Sponsored
645
bills & resolutions
Near the chamber average
Committees
14
assignments
645 bills and resolutions

Sponsored bills

Total
645
Primary
181
Co-sponsor
464
This page
645
matching current filters
Co-sponsor SB 52
Vetoed · California Senate · Co-sponsor
Redistricting: large charter cities.

Existing law requires the city council for a charter city that elects its city council using district-based elections to adopt new city council district boundaries following each federal decennial census. Existing law requires the city council to adopt the new boundaries using specified criteria, and by a specified deadline, unless the charter city has adopted different redistricting criteria or a different deadline by ordinance or in its city charter. This bill would require a charter city with a population of at least 2,500,000 people to establish an independent redistricting commission to adjust the district boundaries for the city council if the city's charter does not establish an independent redistricting commission that meets specified criteria. The bill would require the commission to adjust the boundaries of the city council districts in accordance with specified criteria and deadlines. By increasing the duties on local officials, the bill would impose a state-mandated local program. This bill would make legislative findings and declarations as to the necessity of a special statute for charter cities with a population of at least 2,500,000 people. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Vetoed Jan 25, 2024 1 co-sponsor
Co-sponsor SCR 92
Passed · California Senate · Co-sponsor
Relative to Women's Small Business Month.

This measure would declare October 2023 as Women's Small Business Month and encourage all citizens to recognize the economic importance of women's small business in California.

Passed Jan 4, 2024 1 co-sponsor
Co-sponsor SB 44
died · California Senate · Co-sponsor
Controlled substances.

Existing law makes it a crime to possess for sale or purchase for purpose of sale, transport, import, sell, furnish, administer, give away, manufacture, compound, convert, produce, derive, process, or prepare various controlled substances, including, among others, fentanyl, peyote, and various other opiates and narcotics. This bill, Alexandra's Law, would require the court to advise a person who is convicted of, or who pleads guilty or no contest to, the above crimes, as specified, of the danger of selling or administering illicit drugs and counterfeit pills and that, if a person dies as a result of that action, the defendant can be charged with homicide. The bill would require the court to read the advisory statement in a case in which the defendant exchanged a controlled substance containing fentanyl or its analogs for anything else of value, as specified. The bill would require the advisory statement to be included in a plea form, if used, and specified on the record. The bill would require that the fact the advisory was given be recorded in the abstract of conviction and would prohibit the advisement from being used as evidence in the prosecution of a minor in juvenile court.

died Nov 29, 2023 1 co-sponsor
Co-sponsor SB 331
Signed into law · California Senate · Co-sponsor
Child custody: child abuse and safety.

Existing law governs the determination of child custody and visitation in contested proceedings. Existing law requires the court, for purposes of deciding custody, to determine the best interests of the child based on certain factors, including the nature and amount of contact with both parents and, consistent with specified findings, requires the court's primary concern to be the health, safety, and welfare of the child. Existing law prohibits the ordering of family reunification services as part of a child custody or visitation rights proceeding. Existing law authorizes the court, upon making certain findings, to require the parent or parents, or any other party involved in a custody or visitation dispute, and the minor child to participate in outpatient counseling, as specified. This bill, Piqui's Law: Keeping Children Safe from Family Violence Act, would prohibit the court from ordering family reunification treatments, programs, or services, including, but not limited to, camps, workshops, therapeutic vacations, or educational programs that, as a condition of enrollment or participation, require or result in, among other things, the use of private youth transporters or private transportation agents, as specified, a no-contact order, or a transfer of physical or legal custody of the child. Existing law requires the Judicial Council to establish judicial training programs for individuals who perform duties in domestic violence matters. Existing law requires the training programs to include a domestic violence session in any orientation session for newly appointed or elected judges and an annual training session in domestic violence. Existing law requires the training programs to include instruction in all aspects of domestic violence, including, but not limited to, the detriment to children of residing with a person who perpetrates domestic violence. This bill would instead require the Judicial Council to establish judicial training programs for individuals, including judicial officers and referees, who perform duties in domestic violence or child custody matters, including, among other topics, child sexual abuse and coercive control, as specified. The bill would require the Judicial Council to submit an annual report on these training programs, commencing on or before January 1, 2025, to the Legislature and relevant policy committees, that includes the titles of the training courses being offered and the number of judicial officers that attended each training.

Signed into law Oct 13, 2023 1 co-sponsor
Co-sponsor SB 10
Signed into law · California Senate · Co-sponsor
Pupil health: opioid overdose prevention and treatment: Melanie's Law.

(1) Existing law authorizes a public or private elementary or secondary school to determine whether or not to make emergency naloxone hydrochloride or another opioid antagonist and trained personnel available at its school, and to designate one or more volunteers to receive related training to address an opioid overdose, as specified. This bill would state the Legislature's encouragement of county offices of education to establish a County Working Group on Fentanyl Education in Schools, as provided, for the purposes of outreach, building awareness, and collaborating with local health agencies regarding fentanyl overdoses. The bill would require the State Department of Education to curate and maintain on its internet website, among other things, informational materials containing awareness and safety advice, for school staff, pupils, and parents or guardians of pupils, on how to prevent an opioid overdose. (2) Under existing law, each school district and county office of education is responsible for the overall development of a comprehensive school safety plan for each of its schools operating kindergarten or any of grades 1 to 12, inclusive, in cooperation with certain local entities. Existing law requires that the plan identify appropriate strategies and programs that will provide or maintain a high level of school safety and address the school's procedures for complying with existing laws related to school safety. Existing law requires a petition to establish a charter school to include, among other things, a reasonably comprehensive description of the procedures that the charter school will follow to ensure the health and safety of pupils and staff, including requiring the development and annual update of a school safety plan that includes certain safety topics and procedures. This bill would additionally require a comprehensive school safety plan, and the school safety plan of a charter school, for a school serving pupils in any of grades 7 to 12, inclusive, to include the development of a protocol in the event a pupil is suffering or is reasonably believed to be suffering from an opioid overdose. By creating new duties for local educational agencies, the bill would impose a state-mandated local program. (3) Existing law states the intent of the Legislature that alternatives to suspension or expulsion be imposed against a pupil who is truant, tardy, or otherwise absent from school activities. Existing law further states legislative intent that the Multi-Tiered System of Supports, which includes restorative justice practices, among other things, may be used to help pupils, as specified. This bill would state the intent of the Legislature that a school use alternatives to a referral of a pupil to a law enforcement agency in response to an incident involving the pupil's misuse of an opioid, to the extent not in conflict with any other law requiring that referral. The bill would state legislative intent that the above-described Multi-Tiered System of Supports may be used to achieve these alternatives. (4) This bill would incorporate additional changes to Section 32282 of the Education Code proposed by SB 323 and SB 671 to be operative only if this bill and either or both of those bills are enacted and this bill is enacted last. This bill would incorporate additional changes to Section 47605 of the Education Code proposed by AB 1604 and SB 671 to be operative only if this bill and either or both of those bills are enacted and this bill is enacted last. This bill would incorporate additional changes to Section 47605.6 of the Education Code proposed by AB 1604 and SB 671 to be operative only if this bill and either or both of those bills are enacted and this bill is enacted last. (5) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Signed into law Oct 13, 2023 1 co-sponsor
Co-sponsor AB 876
Signed into law · California Assembly · Co-sponsor
Pajaro River Flood Risk Management Project: environmental laws: exemptions.

Existing law provides for funding for the project for flood control on the Pajaro River in the Counties of Monterey and Santa Cruz, authorized by the federal Flood Control Act of 1966. Existing law also requires a flood management project that receives financial assistance, as provided, to meet specified requirements, and requires the Department of Water Resources or a specified state entity to submit a report to the Legislature that indicates whether the project meets those requirements. This bill would exempt the Pajaro River flood control project from various state and local environmental laws and regulations, only if specified criteria are met and only until a specified date, and as of that date would repeal these provisions. The bill would provide, among other exemptions, that a specified report, as described, shall be conclusively presumed to satisfy the requirements of the California Environmental Quality Act for the Pajaro River Project, including to support the issuance of any permit, funding, or other approval by a state or local agency for the Pajaro River Project when implementing the California Environmental Quality Act. The bill would also require the Pajaro Regional Flood Management Agency to consult with the Department of Fish and Wildlife and the Central Coast Regional Water Quality Control Board regarding the avoidance, minimization, or mitigation of specified environmental impacts, on or before March 1, 2024, as provided. This bill would make legislative findings and declarations as to the necessity of a special statute for the Counties of Monterey and Santa Cruz. This bill would declare that it is to take effect immediately as an urgency statute.

Signed into law Oct 13, 2023 1 co-sponsor
Primary SB 747
Signed into law · California Senate · Lead sponsor
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 requirement, including issuing a request for proposals or negotiating a lease for purposes of complying with specified provisions of law. Existing law requires the Department of Housing and Community Development to maintain on its internet website a list of all notices of availability throughout the state. This bill would require the department to also maintain on its internet website a list of all entities, including housing sponsors, that have notified the department of their interest in surplus land for the purpose of developing low- and moderate-income housing. Existing law requires an entity proposing to use surplus land for developing low- and moderate-income housing shall agree to make available not less than 25 percent of the total number of units developed on the parcels at affordable housing cost for a period of at least 55 years. This bill would instead require the entity to agree to make available not less than 25 percent of the total number of units developed on the parcels at affordable housing cost for a minimum of 55 years for rental housing, 45 years for ownership housing, and 50 years for rental or ownership housing located on tribal trust lands. Under existing law, a local agency that disposes of surplus land after receiving a notification from the Department of Housing and Community Development that the agency is in violation of the law governing surplus land is liable for 30% of the final sale price of the land. Existing law authorizes certain entities and interested persons to bring an action to enforce these provisions. This bill would instead make a local agency that is in violation of these provisions liable for 30% of the applicable disposition value, which the bill would define. This bill would prohibit the penalties for violating these provisions from applying to nonsubstantive violations that do not impact the availability or construction of housing affordable to lower income households or the ultimate disposition of the land, as specified. Existing law further requires the department to review, adopt, amend, or repeal guidelines to establish uniform standards to implement certain provisions and exempts those guidelines from the Administrative Procedure Act. This bill would remove that exemption from the Administrative Procedure Act. By imposing new duties on local agencies, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. This bill would incorporate additional changes to Section 54221 of the Government Code proposed by Assembly Bill 480 to be operative only if this bill and Assembly Bill 480 are enacted and this bill is enacted last. This bill would make its operation contingent on the enactment of Assembly Bill 480 of the 2023-24 Regular Session.

Signed into law Oct 11, 2023 0 co-sponsors
Primary SB 684
Signed into law · California Senate · Lead sponsor
Land use: streamlined approval processes: development projects of 10 or fewer residential units on urban lots under 5 acres.

Existing law, the Subdivision Map Act, vests the authority to regulate and control the design and improvement of subdivisions in the legislative body of a local agency and sets forth procedures governing the local agency's processing, approval, conditional approval or disapproval, and filing of tentative, final, and parcel maps, and the modification thereof. The act generally requires a subdivider to file a tentative map or vesting tentative map with the local agency, as specified, and the local agency, in turn, to approve, conditionally approve, or disapprove the map within a specified time period. The Planning and Zoning Law contains various provisions requiring a local government that receives an application for certain types of qualified housing developments to review the application under a streamlined, ministerial approval process depending on the type of housing development, as specified. Existing law, known as the Starter Home Revitalization Act of 2021, requires a city or county to approve an application for a small home lot housing development project, as defined, on a proposed site to be subdivided unless the city or county makes a finding related to the development's compliance with certain requirements or the development's specific, adverse public health or safety impact. This bill would require a local agency to ministerially consider, without discretionary review or a hearing, a parcel map or a tentative and final map for a housing development project that meets specified requirements. In this regard, the bill would require the proposed subdivision to result in 10 or fewer parcels and the housing development project to, among other things, consist of 10 or fewer residential units, meet certain minimum parcel size and density requirements, and be located on a lot zoned for multifamily residential development that is no larger than 5 acres and is substantially surrounded by qualified urban uses. The bill would exempt the housing development project from certain requirements relating to minimum parcel size and dimensions and the formation of a homeowners' association, except as specified. This bill also would require a local agency to ministerially consider, without discretionary review or a hearing, an application for a housing development project on a lot that is subdivided pursuant to the provisions of the bill described above. The bill would authorize a local agency to impose on the housing development objective zoning standards, objective subdivision standards, or objective design standards that are related to a housing development or to the design or improvement of a parcel, as specified. However, the bill would prohibit a local agency from imposing on the housing development certain standards, including those that physically preclude the development of a project built to specified densities, impose a requirement that applies to a project solely or partially on the basis that the subdivision or housing development receives approval pursuant to the bill's provision, or impose certain requirements related to parking, setbacks, or floor area ratios, as specified. This bill would impose streamlining requirements with regard to consideration of an application for a parcel map or a tentative and final map pursuant to the first set of provisions described above or an application for a housing development project pursuant to the 2nd set of provisions described above. Specifically, the bill would require a local agency to approve or deny a completed application submitted to a local agency pursuant to these provisions within 60 days from the date the local agency receives it. Under the bill, if the local agency does not approve or deny the application within 60 days, the application would be deemed approved. If the local agency denies the application, the bill would require the local agency, within 60 days of receipt of the application, to return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the applicant can remedy the application. This bill would also require, except as specified, a local agency to issue a building permit for one or more residential units that are part of a housing development project consisting of 10 or fewer units on a lot proposed to be subdivided as part of a subdivision if the applicant meets certain requirements. In this regard, the bill would require the applicant to have received a tentative map approval or parcel map approval for the subdivision, to have submitted a building permit application that the local agency deemed complete pursuant to a provision governing local agency review of postentitlement phase permit applications. The bill would authorize a local agency to condition the issuance of the building permit on the applicant submitting a recorded covenant and agreement that conditions the issuance of the building permit on the recording of the final map, as specified. The Planning and Zoning Law provides for the creation of accessory dwelling units and junior accessory dwelling units by local ordinance, or, if a local agency has not adopted an ordinance, by ministerial approval, in accordance with specified standards and conditions. Under this bill, a local agency would not be required to permit an accessory dwelling unit or a junior accessory dwelling unit on a parcel created through the exercise of the authority provided by the bill, as described above. The Subdivision Map Act requires a local agency to ministerially approve a parcel map for an urban lot split that meets certain requirements, as specified. The Planning and Zoning Law requires a proposed housing development containing no more than 2 residential units within a single-family residential zone to be considered ministerially, without discretionary review or hearing, if the proposed housing development meets certain requirements, as specified. Under this bill, the above-described existing law provisions would not apply to a site that is located within a single-family residential horsekeeping zone designated in a specified master plan if the applicable local government has an adopted housing element that is compliant with applicable law. Under the bill, a local agency would not be required to permit an urban lot split on a parcel created through the exercise of the authority provided by the bill, as described above. This bill would make the exemption for a site located within a single-family residential horsekeeping zone designated in a specified master plan operative on January 1, 2024, and would make all of the other above-described provisions operative on July 1, 2024. This bill would make related findings and declarations. The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities. Because this bill would impose new duties on local governments related to the review and approval of parcel maps, tentative and final maps, and housing development projects, the bill would impose a state-mandated local program. 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 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 does not apply to the approval of ministerial projects. By establishing a streamlined, ministerial approval process for certain housing developments, this bill would expand the exemption for the ministerial approval of projects under CEQA. Under the bill, an ordinance adopted by a local agency to implement certain provisions of the bill would not be considered a project under CEQA. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

Signed into law Oct 11, 2023 0 co-sponsors
Co-sponsor AB 480
Signed into law · California Assembly · Co-sponsor
Surplus land.

Existing law prescribes requirements for the disposal of surplus land by a local agency, as defined, and requires, except as provided, a local agency disposing of surplus land to comply with certain notice requirements before disposing of the land or participating in negotiations to dispose of the land with a prospective transferee, particularly that the local agency send a notice of availability to specified entities that have notified the Department of Housing and Community Development of their interest in surplus land, as specified. Under existing law, if the local agency receives a notice of interest, the local agency is required to engage in good faith negotiations with the entity desiring to purchase or lease the surplus land. This bill would define the term "dispose" 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. Existing law requires a local agency to take formal action in a regular public meeting to declare that land is surplus and is not necessary for the agency's use and to declare land as either "surplus land" or "exempt surplus land," as supported by written findings, before a local agency may take any action to dispose of it consistent with an agency's policies or procedures. This bill would exempt a local agency, in specified instances, from making a declaration at a public meeting for land that is "exempt surplus land" if the local agency identifies the land in a notice that is published and available for public comment at least 30 days before the exemption takes effect. Existing law defines "exempt surplus land," for which a local agency is not required to follow the requirements for disposal of surplus land, except as provided, as, among other things, surplus land that is put out to open, competitive bid by a local agency for specified housing and mixed-use development purposes, and surplus land that is subject to valid legal restrictions that are not imposed by the local agency and that would make housing prohibited, as specified. This bill would recast the definition of "exempt surplus land" with respect to surplus land for specified housing purposes, to remove the requirement that it be put out to open, competitive bid. The bill would also include within the definition of "exempt surplus land" surplus land totaling 10 or more acres, consisting of a single parcel, or of 2 or more adjacent or nonadjacent parcels totaling 10 or more acres, combined for disposition to one or more buyers pursuant to a plan or ordinance adopted by the legislative body of the local agency, or a state statute, as specified. The bill would require that land be subject to an open, competitive bid process, as specified, and that the development satisfy certain requirements. The bill would make a violation of these provisions subject to specified penalties. The bill would also require that a local agency that disposes of land pursuant to those provisions do so through a disposition and development agreement containing specified provisions. The bill would also require, with respect to surplus land that is subject to valid legal restrictions, that the legal restrictions described above be supported by documentary evidence and written findings, as specified. The bill would require that certain surplus land be transferred with a covenant or restriction recorded against the land at the time of sale, as specified. By narrowing the circumstances under which certain surplus land may be defined as "exempt surplus land" and, therefore, expanding the duties of local officials, the bill would impose a state-mandated local program. Existing law defines "exempt surplus land" to include surplus land that a local agency is exchanging for another property necessary for the agency's use. This bill would include easements necessary for the agency's use for purposes of that provision. Existing law specifies that, for purposes of these provisions, the term "exempt surplus land," includes, among other things, surplus land that is put out to open, competitive bid by a local agency, as specified, for purposes of a mixed-use development that is more than one acre in area, that includes not less than 300 housing units, and that restricts at least 25% of the residential units to lower income households with an affordable sales price or an affordable rent for a minimum of 55 years for rental housing and 45 years for ownership housing. This bill would modify these provisions to require that the mixed-use development include not less than 300 residential units, would modify the affordability restriction to 50 years for rental or ownership housing located on tribal trust lands, and would require the restrictions to be recorded, as specified. Existing law also defines exempt surplus land as, among other things, land that was transferred by the state to a local agency, as specified, that includes residential units that are restricted to persons and families of low or moderate income with an affordable sales price or rent, at least 80% of which shall be restricted to persons and families of lower income. This bill would expand the definition of exempt surplus land to include land that is owned by a California public-use airport on which residential use is prohibited pursuant to specified federal law. The bill would expand in the definition of exempt surplus land to also include certain mixed-use developments that meet specified conditions, including that at least 25% of the residential units are restricted to lower income households and at least 50% of the square footage of the new construction is designated for residential use, and 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. The bill would also modify exemptions related to land transferred after activation of a parking authority and land that is a former military base to include an affordability restriction of 50 years for rental or ownership housing located on tribal trust lands. Existing law requires any local agency disposing of surplus land to send a written notice of availability of the property to specified entities. Existing law requires the Department of Housing and Community Development to maintain on its internet website a list of all notices of availability throughout the state. This bill would require the department to also maintain on its internet website a list of all entities, including housing sponsors, that have notified the department of their interest in surplus land for the purpose of developing low- and moderate-income housing. This bill would also specify that certain actions are not considered "participating in negotiations" for purposes of the above-described notice of availability requirement, including issuing a request for proposals or negotiating a lease for purposes of complying with specified provisions of law. The bill would make other nonsubstantive changes to provisions that describe the entities to which notices of availability for developing low- and moderate-income housing, for open-space purposes, and for school facilities construction are required to be sent. Existing law requires an entity proposing to use the surplus land for developing low- and moderate-income housing to agree to make available not less than 25% of the total number of units developed on the parcels at affordable housing cost for a period of at least 55 years. This bill would instead require the entity to require requirement to agree to make available not less than 25% of the total number of units developed on the parcels at affordable housing cost for a minimum of 55 years for rental housing, land use for ownership housing, and 50 years for rental or ownership housing located on tribal trust lands. Existing law specifies that after the disposing agency has received a notice of interest from the entity desiring to purchase or lease the land, if price or terms cannot be agreed upon after a good faith negotiation period, the land may be disposed of, as specified. This bill would recast that provision to state that after the specified good faith negotiation, the local agency may dispose of the surplus land, as specified. Existing law proclaims that nothing in these provisions relating to the disposition of surplus property shall preclude a local agency, housing authority, or redevelopment agency that purchases land from a disposing agency from reconveying the land to a nonprofit or for-profit housing developer for development of low- and moderate-income housing. This bill would modify that provision to remove reference to housing authorities and redevelopment agencies and make other nonsubstantive changes. Existing law specifies that any public agency disposing of surplus land to a specified entity that intends to use the land for park or recreation purposes, for open-space purposes, for school purposes, or for low- and moderate-income housing purposes may provide for a payment period of up to 20 years in any contract of sale or sale by trust deed for the land. This bill would modify those provisions to refer, instead, to a local agency disposing of surplus land. Existing law authorizes a local agency to negotiate concurrently with all entities that provide notice of interest for the purpose of developing affordable housing that meets specified requirements. This bill would modify that provision to reference low- and moderate-income housing that meets specified requirements. The bill would make other nonsubstantive changes to this provision. Existing law makes a local agency that disposes of land in violation of these provisions after receiving notice from the Department of Housing and Community Development liable for a penalty of 30% of the final sale price of the surplus land sold for a first violation and 50% for any subsequent violation. This bill would, instead, make a local agency that disposes of surplus land in violation of these provisions, except as specified, after receiving a notification from the Department of Housing and Community Development, as specified, that the local agency is in violation of these provisions liable for a penalty of 30% of the applicable disposition value, which the bill would define. This bill would prohibit the penalties for violating these provisions from applying to nonsubstantive violations that do not impact the availability or construction of housing affordable to lower income households or the ultimate disposition of the land, as specified. The bill would make nonsubstantive changes to, and correct an erroneous cross-reference in, those provisions. Existing law provides that certain dispositions of real property by local agencies are subject to surplus land disposal procedures as they existed on December 31, 2019, if those dispositions are pursuant to specified legal agreements and the disposition is completed by December 31, 2022, or by December 31, 2024, if the property is located in a charter city with a population of over 2,000,000 persons and a local agency has an option agreement duly authorized by the governing body to purchase the property from a former redevelopment agency. This bill would instead subject dispositions of real property by local agencies to surplus land disposal procedures as they existed on December 31, 2019, if those dispositions are pursuant to specified legal agreements and the dispositions are completed by December 31, 2027. The bill would authorize a local agency that terminated an exclusive negotiating agreement or legally binding agreement to dispose of property, as specified, to elect whether to ask the requisite party to consider reviving the terminated agreement, and would make the revived agreement subject to these provisions, as applicable. 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. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. This bill would make its operation contingent on the enactment of SB 747 of the 2023–24 Regular Session. This bill would incorporate additional changes to Section 54221 of the Government Code proposed by SB 747 to be operative only if this bill and SB 747 are enacted and this bill is enacted last.

Signed into law Oct 11, 2023 1 co-sponsor
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