AB 857 — State highways: property leases.
Last action — Chaptered by Secretary of State - Chapter 822, Statutes of 2017.
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✓Introduced
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✓In Committee
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✓Passed Assembly
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✓Passed Senate
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced February 16, 2017. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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3 sponsors
1 primary, 2 co-sponsors signed on.
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Single-party support
Sponsorship is currently within one party (1 D).
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Cleared a recorded vote
Passed 2 recorded votes so far.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Summary
Existing law provides that the Department of Transportation has full possession and control of the state highway system, including associated property. Existing law authorizes the department to lease certain property, including the area above or below a state highway, and certain property held for future highway purposes, to public agencies under specified terms and conditions, including specific provisions governing leases of airspace and other property in the City and County of San Francisco for purposes of an emergency shelter or feeding program, at a lease cost of $1 per month and payment of an administrative fee not to exceed $500 per year. This bill would revise the provisions governing leases of department property in the City and County of San Francisco under these financial terms to require that a lease be offered on a right of first refusal by the department to the city and county or a political subdivision of the city and county and would also authorize leases of property for park, recreational, or open-space purposes, subject to certain additional terms and conditions, including a requirement for the department to lease property located within a priority development area, as defined, to the city and county for up to 10 parcels, at a specified below market value lease amount, and a requirement, applicable to all leases, for the lessee to be responsible for all associated maintenance costs. The bill would provide for the lease to authorize the lessee to subsidize its maintenance costs through a limited revenue generation model, with any revenues generated above the maintenance costs to be shared with the state, as specified. The bill would require the city and county or a political subdivision of the city and county, in consultation with the department, to follow all applicable health, environmental, safety, design, and engineering standards.
Bill Text
- Chaptered 10/15/17 - Chaptered Current pdf October 15, 2017
- Enrolled 09/13/17 - Enrolled pdf September 13, 2017
- Amended 09/01/17 - Amended Senate pdf September 01, 2017
- Amended 08/23/17 - Amended Senate pdf August 23, 2017
- Amended 07/03/17 - Amended Senate pdf July 03, 2017
- Amended 05/30/17 - Amended Assembly pdf May 30, 2017
- Introduced 02/16/17 - Introduced pdf February 16, 2017
- AB857 View text html
Action History
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Chaptered by Secretary of State - Chapter 822, Statutes of 2017.
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Approved by the Governor.
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Enrolled and presented to the Governor at 4:30 p.m.
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Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 52. Noes 25. Page 3109.).
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In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 8 pursuant to Assembly Rule 77.
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Read third time. Passed. Ordered to the Assembly. (Ayes 27. Noes 13. Page 2516.).
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Read second time. Ordered to third reading.
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Read second time and amended. Ordered returned to second reading.
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From committee: Amend, and do pass as amended. (Ayes 5. Noes 2.) (September 1).
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From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR.
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In committee: Referred to APPR. suspense file.
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From committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 3.) (July 11). Re-referred to Com. on APPR.
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From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on T. & H.
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Referred to Com. on T. & H.
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In Senate. Read first time. To Com. on RLS. for assignment.
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Read third time. Passed. Ordered to the Senate. (Ayes 53. Noes 24. Page 2048.)
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Read second time. Ordered to third reading.
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Assembly Rule 63 suspended. (Ayes 52. Noes 24. Page 1776.)
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Read second time and amended. Ordered returned to second reading.
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From committee: Amend, and do pass as amended. (Ayes 12. Noes 5.) (May 26).
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In committee: Set, first hearing. Referred to APPR. suspense file.
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From committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 4.) (March 20). Re-referred to Com. on APPR.
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Referred to Com. on TRANS.
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From printer. May be heard in committee March 19.
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Read first time. To print.
Sponsors
- Chiu · Cosponsor
- Ting · Primary
- Scott D. Wiener · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 2 co-sponsors · 119 not signed on
Sponsors (1)
- Ting
Co-sponsors (2)
- Chiu
- Wiener, Scott D. Democratic
Not signed on (119)
119 members have not signed on to this bill.
Show all 119 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 6 | 0 | 0 | 0 |
| Democratic | 1 | 0 | 0 | 0 |
| Total | 7 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (7)
| Member | Party | Vote |
|---|---|---|
| Bates | — | Yea |
| Beall | — | Yea |
| Bradford | — | Yea |
| Lara | — | Yea |
| Hill | — | Yea |
| Nielsen | — | Yea |
| Wiener, Scott D. | Democratic | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 7 | 3 | 0 | 1 |
| Democratic | 2 | 0 | 0 | 0 |
| Total | 9 | 3 | 0 | 1 |
| % of votes cast | 69% | 23% | 0% | 8% |
How each member voted (13)
| Member | Party | Vote |
|---|---|---|
| Beall | — | Yea |
| Wieckowski | — | Yea |
| Allen | — | Yea |
| Mendoza | — | Yea |
| Roth | — | Yea |
| Skinner | — | Yea |
| Atkins | — | Yea |
| Cannella | — | Nay |
| Morrell | — | Nay |
| Vidak | — | Nay |
| Beth Gaines | — | Not Voting |
| McGuire, Mike | Democratic | Yea |
| Wiener, Scott D. | Democratic | Yea |
Subjects
Frequently asked questions
- What does AB 857 do?
- Existing law provides that the Department of Transportation has full possession and control of the state highway system, including associated property. Existing law authorizes the department to lease certain property, including the area above or below a state highway, and certain property held for future highway purposes, to public agencies under specified terms and conditions, including specific provisions governing leases of airspace and other property in the City and County of San Francisco for purposes of an emergency shelter or feeding program, at a lease cost of $1 per month and payment of an administrative fee not to exceed $500 per year. This bill would revise the provisions governing leases of department property in the City and County of San Francisco under these financial terms to require that a lease be offered on a right of first refusal by the department to the city and county or a political subdivision of the city and county and would also authorize leases of property for park, recreational, or open-space purposes, subject to certain additional terms and conditions, including a requirement for the department to lease property located within a priority development area, as defined, to the city and county for up to 10 parcels, at a specified below market value lease amount, and a requirement, applicable to all leases, for the lessee to be responsible for all associated maintenance costs. The bill would provide for the lease to authorize the lessee to subsidize its maintenance costs through a limited revenue generation model, with any revenues generated above the maintenance costs to be shared with the state, as specified. The bill would require the city and county or a political subdivision of the city and county, in consultation with the department, to follow all applicable health, environmental, safety, design, and engineering standards.
- Who sponsors AB 857?
- AB 857 is sponsored by Chiu, Ting, and Wiener, Scott D. (Democratic).
- What is the current status of AB 857?
- This bill has been enacted into law. Introduced February 16, 2017. Enacted.
- Where can I track AB 857?
- Track AB 857 free on One Click Politics — get push/email alerts when it moves.
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