SB 1473

Bill Subjects

Abstract

(1) Existing law requires any person who intends to offer subdivided lands for sale or lease, as specified, to file with the Bureau of Real Estate an application for a public report consisting of, among other things, a notice of intention, as specified, and to comply with other related requirements. Existing law also requires that every sales contract relating to the purchase of real property in a subdivision clearly set forth the legal description of the property, of the encumbrances outstanding at the date of the sales contract, and the terms of the contract. Existing law exempts from these provisions, among other things, the proposed sale or lease of lots or other interests in a subdivision that is limited to industrial or commercial uses by law or by a declaration of covenants, conditions, and restrictions that has been recorded in the official records of the county or counties in which the subdivision is located. This bill would instead exempt the proposed sale or lease of those lots or other interests in a subdivision that are limited to industrial or commercial uses, as described above. This bill would specify that this exemption only applies with respect to specified provisions relating to the filing of a report with the Bureau of Real Estate and does not affect any determination whether there are 5 or more lots, parcels, or other interests for purposes of specified law. The bill would expressly provide that "commercial uses" for these purposes includes the operation of an apartment complex that is not a community apartment project, as defined. The bill would also repeal an obsolete article heading relating to the sale or leasing of subdivided lands. (2) Existing law, the California Seed Law (the seed law) , regulates the shipment, delivery, transport, and sale of agricultural or vegetable seed, as defined, within the state, as well as the investigation and prosecution of breach of contract or patent infringement claims against farmers for unauthorized possession or use of genetically engineered plants. The seed law is enforced by the Secretary of Food and Agriculture and by county agricultural commissioners and their qualified representatives, as provided. The seed law establishes a subvention program under which the secretary is required to annually apportion $120,000, in aggregate, among counties that choose to participate in the subvention program as a subvention for costs that the counties incur in the enforcement of the seed law. Under the seed law, the provisions that establish and govern participation in the subvention program are inoperative on July 1, 2020, except as specified, and all provisions relating to the subvention program are repealed on January 1, 2024. This bill would extend the inoperative dates specified above to July 1, 2024, and would extend the repeal dates specified above to January 1, 2028. Under existing law, the moneys collected pursuant to the seed law, including registration fees, assessments, and penalty revenues, are continuously appropriated to the Department of Food and Agriculture to carry out its provisions. By extending the operation of these subvention provisions, this bill would make an appropriation. (3) Existing law, the Government Claims Act, establishes the liability and immunity of a public entity for its acts or omissions that cause harm to persons. Subject to specified exceptions, existing law requires that all claims for money or damages against local public entities be presented in accordance with specified procedures. Existing law requires that a claim, or amendment thereto, or an application for leave to present a late claim be presented to a local public entity by either delivering the claim to the clerk, secretary, or auditor of the local public entity or mailing it to the clerk, secretary, auditor, or the principal office of the governing body of the local public entity. This bill would authorize a person to present a claim, amendment, or application, as described above, by electronically submitting it to a local public entity, if expressly authorized to do so by an ordinance or resolution of the public entity and in the manner specified by the ordinance or resolution. The bill would authorize proof of electronic service with respect to a claim, amendment, application for leave to present a late claim, or other notice under the Government Claims Act to be made and signed in accordance with specified law relating to proof of electronic service. Existing law requires that specified notices be given to a person presenting a claim under the Government Claims Act, including a notice that the claim fails to comply substantially with specified procedural requirements, written notice of the action upon an application for leave to present a late claim, and written notice of action taken by various specified public entities on a claim or inaction that is deemed rejection. Existing law requires that these notices be given by either personally delivering the notice to the person presenting the claim or making the application or mailing it, as provided. This bill, if a claim or application was submitted electronically, would authorize the public entity to give these notices by sending them to the electronic address from which the claim or application was received, unless the person presenting the claim or making the application requests notice to be sent to an alternative electronic address. (4) Existing law requires the State Board of Equalization to make surveys in each county and city and county to determine the adequacy of the procedures and practices employed by the county assessor in the valuation of property. Commencing January 1, 2016, and each of the next 4 calendar years, existing law requires the board to survey the assessment procedures of qualified counties or cities and counties, as defined, and to conduct sample assessments on the local roll of other qualified counties or cities and counties, as provided, that are stratified and selected at random by the board in consultation with the California Assessors' Association. This bill would extend the operation of these requirements from January 1, 2021, to January 1, 2026, and instead require the board to survey the assessment procedures and conduct sample assessments of qualified counties or cities and counties, as described above, commencing January 1, 2016, and for each of the next 9 calendar years. The bill would make technical and conforming changes to these provisions. Upon completion of a survey of the procedures and practices of a county assessor, existing law requires the State Board of Equalization to prepare a written survey report setting forth its findings and recommendations and, after conferring with the assessor on matters that may be included in the report, as provided, issue the final survey report within a specified time. Existing law requires that the copies of the final survey reports be filed with specified entities. The bill would require that the copies of the final survey report filed with specified entities, as described above, include any addendums to the report. The bill would delete obsolete provisions with respect to the deadline for issuing written survey reports for surveys commenced before July 1, 2017. (5) Existing law authorizes a county, pursuant to a resolution adopted by its board of supervisors, to lend any of its available funds to designated types of special districts to enable those districts to perform their functions and meet their obligations. This bill would additionally authorize a county to lend any of its funds to a resource conservation district to perform its functions and meet its obligations. (6) Existing law requires all county ordinances to be read in full either at the time of introduction or passage, except when, after reading the title, further reading is waived by regular motion adopted by a majority vote of the board of supervisors. This bill would specify that no reading of the title or ordinance is required if the title is included on the published agenda and a copy of the full ordinance is made available to the public on the county's internet website and in print at the meeting before the introduction or passage of the ordinance. (7) Existing law requires a local agency to designate, by ordinance, very high fire hazard severity zones in its jurisdiction within 120 days of receiving specified recommendations from the director pursuant to obsolete provisions of law. This bill would delete references to obsolete provisions of law. (8) Existing law, the Mello-Roos Community Facilities Act of 1982 (Mello-Roos Act) , authorizes specified local agencies to establish a community facilities district with the authority to levy special taxes, as provided, for the purpose of financing certain public capital facilities and services. After a community facilities district has been created and authorized to levy special taxes, existing law authorizes the legislative body, by ordinance, to levy those special taxes at the rate and apportion them in the manner specified in the resolution forming the community facilities district. Existing law exempts certain kinds of property and entities from special taxes imposed under the Mello-Roos Act, including, with respect to special taxes imposed by an ordinance adopted on or after January 1, 2020, properties receiving the property tax welfare exemption described below, as specified. This bill would instead exempt properties receiving the property tax welfare exemption from special taxes in a community facilities district, or an improvement area therein, in which the levy of a special tax is authorized pursuant to an ordinance adopted under the Mello-Roos Act on or after January 1, 2020, unless debt is outstanding and the property was subject to the special tax prior to receiving the exemption. The bill would authorize the legislative body, by resolution, to specify additional or different conditions under which the property receiving the welfare exemption may prepay and satisfy the obligation to pay the special tax, as provided. (9) Existing law, the Permit Streamlining Act, among other things, requires a city, county, or special district that has an internet website to make certain information available on its internet website, including a current schedule of fees, exactions, and affordability requirements applicable to a proposed housing development project, as provided. Existing law defines, among other terms, the term "exaction" for these purposes to include specified taxes, public art requirements, and dedications of parkland. This bill would require that the city, county, or special district present the schedule of fees, exactions, and affordability requirements described above in a manner that clearly identifies the fees that apply to each new water and utility service connection. The bill would also exclude from the above-described definition of "exaction" specified fees for water connections or sewer connections and capacity charges that are not imposed either in connection with issuing or approving a permit for development or as a condition of approval of a proposed development, as specified. The bill would also make various technical and clarifying changes to these provisions. (10) Existing law, the Local Agency Public Construction Act, regulates contracting by local agencies, including counties and special districts. For specified public works contracts awarded by counties, existing law requires, among other things, that the board of supervisors of the county adopt plans, specifications, strain sheets, and working details for the work. In counties containing a population of 6,000,000 or more, existing law authorizes the board of supervisors by ordinance to authorize any county officer to take or perform any or all acts or actions permitted or required of the board under these provisions, including, among others, the authority to adopt plans and specifications, with respect to original contracts that do not exceed $330,000 or changes or alterations to original contracts entered into by the board where the changes or alterations do not exceed the lesser of 10% of the amount of the original contract or $330,000. This bill, until January 1, 2030, would authorize the Board of Supervisors of the County of Los Angeles to delegate the above-described duties to adopt plans, specifications, strain sheets, and working details to the director of public works on a project-by-project basis if the project exceeds the above-described amount. The bill would also expressly authorize the Board of Supervisors of the County of Los Angeles to delegate this duty to the director of public works in accordance with the above-described existing provisions relating to delegation to a county officer. For specified contracts by county boards of supervisors for the construction, repair, or maintenance of a county highway, existing law requires that the board of supervisors order definite surveys of the proposed work to be made and direct the preparation of profiles, cross-sections, plans, and specifications if it finds that the estimated expense of any necessary work on a county highway exceeds $20,000. For specified contracts by county boards of supervisors for the construction, maintenance and repair of a county bridge or subway, existing law requires the board of supervisors to adopt plans, specifications, and working details for the construction or repair and cause notice calling for bids to be published in a newspaper of general circulation, as provided. This bill, until January 1, 2030, would authorize the Board of Supervisors of the County of Los Angeles to delegate the above-described duties to the county road commissioner on a project-by-project basis. For specified contracts by the Los Angeles County Flood Control District, existing law requires that plans and specifications for work proposed to be done, or improvements to be made, within any municipality within the district be approved by the legislative body of that municipality before commencement of the work or improvements. If the legislative body of the municipality refuses or neglects to approve the work or improvements within 30 days after the board of supervisors requests it to do so, existing law requires the board of supervisors to omit the doing of that work or making of those improvements within that municipality and authorizes the board of supervisors to expend funds that were to be expended for that work or improvement for other purposes, as specified. This bill, until January 1, 2030, would authorize the governing body of the Los Angeles County Flood Control District to delegate specified duties under these provisions to the chief engineer of the district on a project-by-project basis. This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Los Angeles. (11) Existing property tax law, in accordance with the California Constitution, provides for a "welfare exemption" for property used exclusively for religious, hospital, scientific, or charitable purposes and that is owned or operated by certain types of nonprofit entities, if certain qualifying criteria are met. Until January 1, 2025, existing property tax law provides that property owned by a community land trust, as defined, that otherwise qualifies for the welfare exemption is within the welfare exemption if specified conditions are met, including that the property is being or will be developed and rehabilitated as housing, as specified. This bill would correct an erroneous cross-reference in the definition of "community land trust" for these purposes. Existing property tax law, for property owned by a community land trust to qualify to receive the welfare exemption as described above, requires that a deed restriction or other instrument that requires a contract or contracts serving as an enforceable restriction on the sale or resale value of owner-occupied units or on the affordability of rental units be recorded on or before the lien date after the community land trust acquires the property. Existing property tax law requires that a contract serving as an enforceable restriction for these purposes comply with specified requirements, including that the contract be a renewable 99-year ground lease between a community land trust and the qualified owner of an owner-occupied single-family dwelling or an owner-occupied unit in a multifamily dwelling. This bill, with respect to a contract serving as an enforceable restriction on the affordability of rental units, would instead require that the contract be an enforceable and verifiable agreement with a public agency, a recorded deed restriction, or other legal document that restricts the project's usage and imposes specified affordable rent requirements. (12) Existing law authorizes a city, county, or city and county to create historic zones and to contract with the owner of qualified historical properties within these zones to restrict the use of the property for a minimum period of 10 years, and establishes methods for the property tax valuation of any property so restricted during the contract period on a basis that is consistent with its restrictions and uses. Existing law requires that the capitalization rate to be used in valuing these properties be determined based on, among other factors, an interest component, determined as provided, that was the yield rate equal to the effective rate on conventional mortgages as determined by the Federal Housing Finance Agency as of September 1. This bill would instead require that the interest component be determined based on the yield rate that was equal to the effective average interest rate on conventional mortgages as determined by the Federal Home Loan Mortgage Corporation as of September 1. (13) Existing state sales and use tax laws impose a tax on retailers measured by the gross receipts from the sale of tangible personal property sold at retail in this state or on the storage, use, or other consumption in this state of tangible personal property purchased from a retailer for storage, use, or other consumption in this state. The Sales and Use Tax Law provides various exemptions from those taxes, including an exemption for the sale of, or the storage, use, or other consumption of, a new, used, or remanufactured truck or a new or remanufactured trailer or semitrailer, any of which has an unladen weight of 6,000 pounds or more that is purchased for use without this state and is delivered by the manufacturer, remanufacturer, or dealer to the purchaser within this state, and the purchaser drives or moves the vehicle to any point outside this state within 30 or 75 days, as applicable, from and after the date of delivery, if the purchaser furnishes certain documents to the manufacturer, remanufacturer, or dealer, including written evidence of an out-of-state license and registration for the vehicle. Existing federal law requires a motor carrier, as defined, to file an application form with the Federal Motor Carrier Safety Administration to obtain a United States Department of Transportation number for specified commercial motor vehicles used in interstate commerce to transport passengers or property before beginning operations and every 24 months, as specified. Existing federal law, the Unified Carrier Registration Act of 2005, provides for a system for registering and collecting fees from the operators of specified commercial motor vehicles engaged in interstate travel, replacing the former Single State Registration System. Existing law also authorizes the Director of Motor Vehicles, on behalf of the state, to enter into, and become a member of, the International Registration Plan agreement developed by the American Association of Motor Vehicle Administrators, which is an optional method of registering commercial vehicles operating interstate and apportioning vehicle registration fees to participating jurisdictions. This bill would specify that, in cases where the vehicle is registered under the International Registration Plan and is used exclusively in interstate or foreign commerce, or both, written evidence of the purchaser's or lessee's United States Department of Transportation number or Unified Carrier Registration System filing may be substituted for that written evidence. The bill would declare that these provisions are declaratory of existing law. (14) Existing law authorizes the formation of reclamation districts by owners of swamp and overflowed lands, salt-marsh, or tidelands, or other lands subject to flood or overflow and by owners of land already reclaimed, or in progress of reclamation, and not included in a reclamation district. Existing law authorizes Reclamation District No. 1004, in conjunction with the County of Colusa, to construct, maintain, and operate a plant, transmission lines, and other necessary or appropriate facilities for the generation of hydroelectric power, as prescribed. Existing law requires proceeds from the sale of electricity to be utilized to retire any time warrants issued for construction of the facilities and otherwise for the powers and purposes for which the district was formed. Existing law authorizes Reclamation District No. 108 to exercise this hydroelectric power authority until January 1, 2021. This bill would extend the authority of Reclamation District No, 108 to exercise the above-described hydroelectric power authority from January 1, 2021, to January 1, 2026. (15) Existing law requires that funds deposited into a county's health and welfare trust fund accounts be expended only for the purpose of providing mental health, public health, indigent health care, social services, and juvenile justice programs, as specified. Existing law requires a county, city, or city and county to file annual reports with the Controller of trust fund deposits and disbursements within 60 days after the end of the year. Existing law requires the reports to be forwarded to the appropriate state department for expenditure verification. This bill would require those reports be forwarded to the appropriate state department only upon request.