California 2021-2022 Regular Session Status: Enacted

SB 381 — Surplus residential property: priorities, procedures, price, and fund: City of South Pasadena.

Last action — Chaptered by Secretary of State. Chapter 362, Statutes of 2021.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 10, 2021. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 9 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

(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. Existing law requires, if a property that is not a historic home is sold to a private housing-related entity or a housing-related public entity, that the entity develop the property as limited equity cooperative housing with first right of occupancy to present occupants, or use the property for low- and moderate-income rental or owner-occupied housing where the development of cooperative or cooperatives is not feasible. Existing law requires, if a property is a historic home, as defined, that the property be offered first to a housing-related entity, subject to the above-described requirements, or a nonprofit private entity dedicated to rehabilitating and maintaining the historic home for public and community access and use, as provided. This bill, with respect to surplus residential property that is located within the City of South Pasadena, would instead require that if the surplus residential property is not sold to a former owner or 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. If the surplus residential property has a historic home, as defined, not occupied by tenants, the bill would then require that the property be offered to the City of South Pasadena, subject to specified terms and conditions. Finally, the bill would require that surplus residential property be offered to the City of South Pasadena, as a housing-related entity, and then to another housing-related entity, subject to specified terms and conditions. The bill would require the Department of Housing and Community Development to determine compliance with certain of these terms and conditions, as provided. The bill would require a housing-related entity to cause the property to be used, under specified conditions, for low- and moderate-income rental housing for a term of at least 55 years, subject to a recorded covenant, to ensure use as affordable housing, as provided, and to provide a first right of occupancy to the present tenants. The bill, if the surplus residential property is a single-family residence, would authorize the surplus residential property to be used for owner-occupied affordable housing for a term of at least 45 years, subject to a covenant recorded against the property to ensure its use as affordable housing. The bill, in the case of a historic home, would require the City of South Pasadena to monitor compliance with the covenant and require the Department of Transportation, in the case of surplus residential property sold to a housing-related entity, to monitor or designate a public agency to monitor a property's compliance with the recorded covenant, and would authorize the monitoring entity to charge the property owner a fee to cover the cost of monitoring and reporting. If the monitoring entity is not a state agency, the bill would require the monitoring entity to prepare and submit to the Legislature reports that describe how the purchasers complied with these provisions and how they were monitored for compliance, as specified. By imposing duties on a local agency monitoring compliance pursuant to these provisions, this bill would impose a state-mandated local program. The bill would also require the Department of Transportation to sell specified unimproved properties at the original acquisition price paid by the department to the City of South Pasadena, as a housing-related entity, and then to another housing-related entity, subject to specified terms and conditions. If the Department of Transportation does not commence the sale of its unoccupied surplus residential property in the City of South Pasadena, as provided, by June 30, 2022, the bill would require the department to report by December 31, 2022, to the relevant policy and fiscal committees of the Legislature the reasons for not commencing sales and its plans for commencing them. (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 the housing-related entity to provide an enforceable commitment to the selling agency that it will comply with specified requirements, if a project on the property involves 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 that has a historic home within the City of South 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 for 2 years after their effective date, or until the adoption of permanent regulations, whichever occurs sooner. (4) Existing law creates the SR-710 Rehabilitation Account, which is continuously appropriated to the Department of Transportation, and into which proceeds from the sale of surplus residential property by the department are deposited. Existing law requires that the total funds maintained in the account not exceed $500,000 and that funds exceeding that amount, less any reimbursements due to the federal government, be transferred to the State Highway Account in the State Transportation Fund to be used for allocation by the California Transportation Commission, as specified. This bill would authorize an increase in the amount of the total funds maintained in the account up to $1,200,000. By authorizing an increase in the funds held in a continuously appropriated fund, the bill would make an appropriation. (5) This bill would make findings regarding the public purpose served by the bill. (6) This bill would make legislative findings and declarations as to the necessity of a special statute for the City of South Pasadena. (7) 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. (8) This bill would declare that it is to take effect immediately as an urgency statute.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 362, Statutes of 2021.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 1:30 p.m.

  4. Assembly amendments concurred in. (Ayes 35. Noes 0. Page 2643.) Ordered to engrossing and enrolling.

  5. In Senate. Concurrence in Assembly amendments pending.

  6. Read third time. Urgency clause adopted. Passed. (Ayes 63. Noes 12. Page 3158.) Ordered to the Senate.

  7. Assembly Rule 63 suspended.

  8. Read second time.

  9. From committee: Do pass. (Ayes 6. Noes 1.) (September 10).

  10. Joint Rule 62(a) suspended.

  11. Re-referred to Com. on H. & C.D. pursuant to Assembly Rule 77.2.

  12. Ordered to third reading.

  13. Read third time and amended.

  14. Assembly Rule 69(e) suspended. (Ayes 53. Noes 19. Page 2850.)

  15. Read second time. Ordered to third reading.

  16. From committee: Do pass. (Ayes 16. Noes 0.) (August 26).

  17. August 19 set for first hearing. Placed on suspense file.

  18. From committee: Do pass and re-refer to Com. on APPR. (Ayes 8. Noes 0.) (July 12). Re-referred to Com. on APPR.

  19. From committee with author's amendments. Read second time and amended. Re-referred to Com. on H. & C.D.

  20. Referred to Com. on H. & C.D.

  21. In Assembly. Read first time. Held at Desk.

  22. Read third time. Urgency clause adopted. Passed. (Ayes 39. Noes 0. Page 1350.) Ordered to the Assembly.

  23. Ordered to special consent calendar.

  24. Read second time. Ordered to third reading.

  25. Read second time and amended. Ordered to second reading.

  26. From committee: Do pass as amended. (Ayes 7. Noes 0. Page 1190.) (May 20).

  27. Set for hearing May 20.

  28. May 17 hearing: Placed on APPR suspense file.

  29. Set for hearing May 17.

  30. Read second time and amended. Re-referred to Com. on APPR.

  31. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 16. Noes 0. Page 942.) (April 27).

  32. Set for hearing April 27.

  33. Re-referred to Com. on TRANS.

  34. From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.

  35. Joint Rule 55 suspended. (Ayes 32. Noes 4. Page 272.)

  36. (Ayes 32. Noes 4.)

  37. Art. IV. Sec. 8(a) of the Constitution dispensed with.

  38. Referred to Com. on RLS.

  39. From printer. May be acted upon on or after March 13.

  40. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

  • Portantino · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 8 voted No

Sponsors (1)

  • Portantino

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"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.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

SB 381 Portantino Third Reading Urgency By RUBIO

Passed 63 Yea · 12 Nay · 5 Other
Party YeaNayPresentNot Voting
Democratic 26100
Republican 2502
Unaffiliated 35603
Total 631205
% of votes cast 79%15%0%6%
How each member voted (80)
Member Party Vote
Kiley — Nay
Bigelow — Nay
Frazier — Nay
Voepel — Not Voting
Nazarian — Not Voting
Bloom — Yea
Friedman — Yea
Cooley — Yea
Mathis — Yea
Chiu — Yea
Rendon — Yea
Mullin — Yea
Holden — Yea
Villapudua — Yea
Salas — Yea
Jones-Sawyer — Yea
Santiago — Yea
Maienschein — Yea
Rodriguez — Yea
Quirk — Yea
Wood — Yea
Mayes — Yea
Ting — Yea
Low — Yea
Levine — Yea
O'Donnell — Yea
Waldron — Yea
Daly — Yea
McCarty — Yea
Medina — Yea
Gray — Yea
Burke — Yea
Cunningham — Yea
Cooper — Yea
Chau — Yea
Smith — Nay
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Nay
Lorena Gonzalez — Not Voting
Luz Rivas — Yea
Mark Stone — Yea
Vince Fong — Nay
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Bennett, Steve Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Bonta, Mia Democratic Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Lee, Alex Democratic Yea
Muratsuchi, Al Democratic Yea
Nguyen, Stephanie Democratic Nay
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Ward, Christopher M. Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Wicks, Buffy Democratic Yea
Chen, Phillip Republican Not Voting
Choi, Steven S. Republican Not Voting
Dahle, Megan Republican Nay
Davies, Laurie Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Nay
Lackey, Tom Republican Nay
Seyarto, Kelly Republican Nay
Valladares, Suzette Martinez Republican Nay

Official roll call →

Unfinished Business SB381 Portantino Urgency Clause Concurrence

Passed 35 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 20003
Democratic 12001
Republican 3001
Total 35005
% of votes cast 88%0%0%13%
How each member voted (40)
Member Party Vote
Borgeas — Yea
Wilk — Yea
Bradford — Yea
Hertzberg — Yea
Nielsen — Yea
Glazer — Yea
Atkins — Yea
Hueso — Yea
Min — Yea
Pan — Yea
Newman — Yea
Leyva — Yea
Kamlager — Yea
Bates — Yea
Roth — Yea
Rubio — Yea
Portantino — Yea
Skinner — Yea
Wieckowski — Yea
Dodd — Yea
Gonzalez — Not Voting
Melendez — Not Voting
Eggman — Not Voting
Allen, Benjamin Democratic Yea
Archuleta, Bob Democratic Yea
Becker, Josh Democratic Yea
Caballero, Anna M. Democratic Yea
Cortese, Dave Democratic Yea
Durazo, Maria Elena Democratic Yea
Hurtado, Melissa Democratic Yea
Laird, John Democratic Yea
Limón, Monique Democratic Yea
McGuire, Mike Democratic Yea
Stern, Henry I. Democratic Not Voting
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Yea
Dahle, Megan Republican Not Voting
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea
Ochoa Bogh, Rosilicie Republican Yea

Official roll call →

Do pass.

Passed 16 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 8000
Democratic 6000
Republican 2000
Total 16000
% of votes cast 100%0%0%0%
How each member voted (16)
Member Party Vote
Levine — Yea
Quirk — Yea
Bigelow — Yea
Chau — Yea
Eduardo Garcia — Yea
Lorena Gonzalez — Yea
Vince Fong — Yea
Wendy Carrillo — Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Yea
Gabriel, Jesse Democratic Yea
Kalra, Ash Democratic Yea
Rivas, Robert Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Dahle, Megan Republican Yea
Davies, Laurie Republican Yea

Official roll call →

Special Consent (Urgency Clause)

Passed 39 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Democratic 13000
Unaffiliated 22001
Republican 4000
Total 39001
% of votes cast 98%0%0%3%
How each member voted (40)
Member Party Vote
Glazer — Yea
Roth — Yea
Eggman — Yea
Bates — Yea
Gonzalez — Yea
Portantino — Yea
Bradford — Yea
Min — Yea
Hertzberg — Yea
Borgeas — Yea
Skinner — Yea
Wieckowski — Yea
Leyva — Yea
Nielsen — Yea
Wilk — Yea
Atkins — Yea
Newman — Yea
Hueso — Yea
Kamlager — Yea
Pan — Yea
Rubio — Yea
Dodd — Yea
Melendez — Not Voting
Allen, Benjamin Democratic Yea
Archuleta, Bob Democratic Yea
Becker, Josh Democratic Yea
Caballero, Anna M. Democratic Yea
Cortese, Dave Democratic Yea
Durazo, Maria Elena Democratic Yea
Hurtado, Melissa Democratic Yea
Laird, John Democratic Yea
Limón, Monique Democratic Yea
McGuire, Mike Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Yea
Dahle, Megan Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea
Ochoa Bogh, Rosilicie Republican Yea

Official roll call →

Do pass as amended

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 5000
Republican 1000
Democratic 1000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Wieckowski — Yea
Kamlager — Yea
Portantino — Yea
Bradford — Yea
Bates — Yea
Laird, John Democratic Yea
Jones, Brian W. Republican Yea

Official roll call →

Placed on suspense file

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 5000
Republican 1000
Democratic 1000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Bates — Yea
Kamlager — Yea
Portantino — Yea
Wieckowski — Yea
Bradford — Yea
Laird, John Democratic Yea
Jones, Brian W. Republican Yea

Official roll call →

Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations]

Passed 16 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 9001
Republican 1000
Democratic 6000
Total 16001
% of votes cast 94%0%0%6%
How each member voted (17)
Member Party Vote
Rubio — Yea
Bates — Yea
Gonzalez — Yea
Melendez — Yea
Newman — Yea
Wieckowski — Yea
Wilk — Yea
Dodd — Yea
Min — Yea
Skinner — Not Voting
Allen, Benjamin Democratic Yea
Archuleta, Bob Democratic Yea
Becker, Josh Democratic Yea
Cortese, Dave Democratic Yea
McGuire, Mike Democratic Yea
Umberg, Thomas J. Democratic Yea
Dahle, Megan Republican Yea

Official roll call →

Subjects

housing labor
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Frequently asked questions

What does SB 381 do?
(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. Existing law requires, if a property that is not a historic home is sold to a private housing-related entity or a housing-related public entity, that the entity develop the property as limited equity cooperative housing with first right of occupancy to present occupants, or use the property for low- and moderate-income rental or owner-occupied housing where the development of cooperative or cooperatives is not feasible. Existing law requires, if a property is a historic home, as defined, that the property be offered first to a housing-related entity, subject to the above-described requirements, or a nonprofit private entity dedicated to rehabilitating and maintaining the historic home for public and community access and use, as provided. This bill, with respect to surplus residential property that is located within the City of South Pasadena, would instead require that if the surplus residential property is not sold to a former owner or 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. If the surplus residential property has a historic home, as defined, not occupied by tenants, the bill would then require that the property be offered to the City of South Pasadena, subject to specified terms and conditions. Finally, the bill would require that surplus residential property be offered to the City of South Pasadena, as a housing-related entity, and then to another housing-related entity, subject to specified terms and conditions. The bill would require the Department of Housing and Community Development to determine compliance with certain of these terms and conditions, as provided. The bill would require a housing-related entity to cause the property to be used, under specified conditions, for low- and moderate-income rental housing for a term of at least 55 years, subject to a recorded covenant, to ensure use as affordable housing, as provided, and to provide a first right of occupancy to the present tenants. The bill, if the surplus residential property is a single-family residence, would authorize the surplus residential property to be used for owner-occupied affordable housing for a term of at least 45 years, subject to a covenant recorded against the property to ensure its use as affordable housing. The bill, in the case of a historic home, would require the City of South Pasadena to monitor compliance with the covenant and require the Department of Transportation, in the case of surplus residential property sold to a housing-related entity, to monitor or designate a public agency to monitor a property's compliance with the recorded covenant, and would authorize the monitoring entity to charge the property owner a fee to cover the cost of monitoring and reporting. If the monitoring entity is not a state agency, the bill would require the monitoring entity to prepare and submit to the Legislature reports that describe how the purchasers complied with these provisions and how they were monitored for compliance, as specified. By imposing duties on a local agency monitoring compliance pursuant to these provisions, this bill would impose a state-mandated local program. The bill would also require the Department of Transportation to sell specified unimproved properties at the original acquisition price paid by the department to the City of South Pasadena, as a housing-related entity, and then to another housing-related entity, subject to specified terms and conditions. If the Department of Transportation does not commence the sale of its unoccupied surplus residential property in the City of South Pasadena, as provided, by June 30, 2022, the bill would require the department to report by December 31, 2022, to the relevant policy and fiscal committees of the Legislature the reasons for not commencing sales and its plans for commencing them. (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 the housing-related entity to provide an enforceable commitment to the selling agency that it will comply with specified requirements, if a project on the property involves 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 that has a historic home within the City of South 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 for 2 years after their effective date, or until the adoption of permanent regulations, whichever occurs sooner. (4) Existing law creates the SR-710 Rehabilitation Account, which is continuously appropriated to the Department of Transportation, and into which proceeds from the sale of surplus residential property by the department are deposited. Existing law requires that the total funds maintained in the account not exceed $500,000 and that funds exceeding that amount, less any reimbursements due to the federal government, be transferred to the State Highway Account in the State Transportation Fund to be used for allocation by the California Transportation Commission, as specified. This bill would authorize an increase in the amount of the total funds maintained in the account up to $1,200,000. By authorizing an increase in the funds held in a continuously appropriated fund, the bill would make an appropriation. (5) This bill would make findings regarding the public purpose served by the bill. (6) This bill would make legislative findings and declarations as to the necessity of a special statute for the City of South Pasadena. (7) 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. (8) This bill would declare that it is to take effect immediately as an urgency statute.
Who sponsors SB 381?
SB 381 is sponsored by Portantino.
What is the current status of SB 381?
This bill has been enacted into law. Introduced February 10, 2021. Enacted.
Where can I track SB 381?
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