SB 959

Bill Subjects

Abstract

(1) Existing law establishes priorities and procedures that any state agency disposing of surplus residential property is required to follow. Under existing law, specified single-family residences must first be offered to their present occupants, as specified. Existing law then requires the property to be offered to housing-related entities, as provided, prior to placing the property up for sale for fair market value, subject to specified priorities. This bill, with respect to surplus residential property that is located within the City of Pasadena, would instead require that if the surplus residential property is not sold to a present occupant, as described above, the property be offered at fair market value to present tenants who have occupied the property for 5 years or more and who are in good standing with all rent obligations current and paid in full, with first right of occupancy to the present occupants. The bill would then require that the property be offered to the City of Pasadena, subject to specified terms and conditions. Finally, the bill would require that surplus residential property be offered to a housing-related entity or nonprofit private entity, as applicable, pursuant to existing provisions before being sold at fair market value, pursuant to existing provisions. This bill would require the Department of Housing and Community Development to determine compliance with certain terms and conditions, as provided. The bill would authorize the Department of Transportation to designate in regulations to, or delegate by agreement to, a public agency to monitor certain purchasers' compliance with certain terms, conditions, and restrictions. The bill authorizes the monitoring entity to charge the property owner a fee to recover the cost of this monitoring and reporting. By imposing duties on a local agency monitoring compliance pursuant to these provisions, the bill would impose a state-mandated local program. (2) Existing law generally requires that not less than the general prevailing rate of per diem wages, as specified, be paid to workers employed on a public work project that exceeds $1,000. The bill would require a housing-related entity or city, as applicable, to provide an enforceable commitment to the selling agency that it will comply with specified requirements, if certain projects involve construction, regarding the payment of prevailing rate of per diem wages for construction work related to the project, except as provided. (3) Existing law, known as the Administrative Procedure Act, governs the procedures for the adoption, amendment, or repeal of regulations by state agencies and for the review of those regulatory actions by the Office of Administrative Law. Existing law establishes procedures for the adoption of emergency regulations, including requiring that the state agency make a finding that the adoption of a regulation or order of repeal is necessary to address an emergency, as defined. Under existing law, a regulation, amendment, or repeal adopted as an emergency regulatory action may only remain in effect for up to 180 days, unless the adopting agency complies with specified requirements relating to notice of regulatory action and public comment. This bill would authorize the Department of Housing and Community Development to review, adopt, amend, and repeal standards, forms, and definitions to implement specified provisions relating to the sale of surplus residential property within the City of Pasadena, as described above, and exempt those standards, forms, or definitions from the rulemaking provisions of the Administrative Procedure Act. The bill would also require the Department of Transportation to file proposed emergency regulations with the Office of Administrative Law for adoption to implement the above-described requirements relating to the disposal of surplus property no later than 6 months after the bill's provisions are enacted. The bill would include findings that an emergency exists for purposes of specified provisions of the Administrative Procedure Act. The bill, notwithstanding the 180-day limit for emergency regulations, would provide that emergency regulations adopted under its provisions would remain in effect until September 30, 2024, or until the adoption of permanent regulations, whichever occurs sooner. (4) This bill would also make findings and declarations related to a gift of public funds. (5) This bill would make legislative findings and declarations as to the necessity of a special statute for the City of Pasadena. (6) 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.