SB 34 — Surplus land disposal: violations: County of Orange.

Summary

Existing law prescribes requirements for the disposal of land determined to be surplus land by a local agency. Those requirements include a requirement that a local agency, prior to disposing of a property or participating in negotiations to dispose of that property with a prospective transferee, send a written notice of availability of the property to specified entities, depending on the property's intended use, and send specified information in regard to the disposal of the parcel of surplus land to the Department of Housing and Community Development. Existing law, among other enforcement provisions, makes a local agency that disposes of land in violation of these disposal provisions, after receiving notification of violation from the department, liable for a penalty of 30% of the final sale price of the land sold in violation for a first violation and 50% for any subsequent violation. Under existing law, except as specified, a local agency has 60 days to cure or correct an alleged violation before an enforcement action may be brought. Existing law provides for the deposit and use of penalty revenues for housing, as prescribed. This bill, until January 1, 2030, would require the County of Orange, or any city located within the County of Orange, if notified by the department that its planned disposal of surplus land is in violation of existing law, to cure or correct the alleged violation within 60 days, as prescribed. The bill would prohibit a County of Orange jurisdiction that has not cured or corrected any alleged violation from disposing of the parcel until the department determines that it has complied with existing law or deems the alleged violation not to be a violation. The bill would authorize a local agency that receives that notice to provide to the Department of Housing and Community Development a statement describing the actions taken to cure or correct the alleged violation within 60 days of receipt of the notice, and would require the department, if it receives that statement, to make specified determinations and notify the local agency of those determinations within 30 days of receipt of the statement. This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Orange. 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.

Bill Text

• Chaptered 10/11/23 - Chaptered Current pdf October 11, 2023
• Enrolled 09/14/23 - Enrolled pdf September 14, 2023
• Amended 08/24/23 - Amended Assembly pdf August 24, 2023
• Amended 06/20/23 - Amended Assembly pdf June 20, 2023
• Amended 02/22/23 - Amended Senate pdf February 22, 2023
• Amended 02/16/23 - Amended Senate pdf February 16, 2023
• Introduced 12/05/22 - Introduced pdf December 05, 2022
• SB34 View text html

Action History

1. October 11, 2023

   Chaptered by Secretary of State. Chapter 772, Statutes of 2023.

2. October 11, 2023

   Approved by the Governor.

3. September 18, 2023

   Enrolled and presented to the Governor at 3 p.m.

4. September 12, 2023

   Assembly amendments concurred in. (Ayes 31. Noes 7. Page 2617.) Ordered to engrossing and enrolling.

5. September 11, 2023

   In Senate. Concurrence in Assembly amendments pending.

6. September 11, 2023

   Read third time. Passed. (Ayes 62. Noes 18. Page 3144.) Ordered to the Senate.

7. August 28, 2023

   Read second time. Ordered to third reading.

8. August 24, 2023

   Read second time and amended. Ordered to second reading.

9. August 23, 2023

   From committee: Do pass as amended. (Ayes 10. Noes 4.) (August 23).

10. July 12, 2023

    From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 2.) (July 12). Re-referred to Com. on APPR.

11. July 12, 2023

    From committee: Do pass and re-refer to Com. on H. & C.D. (Ayes 6. Noes 2.) (July 12). Re-referred to Com. on H. & C.D.

12. June 29, 2023

    Assembly Rule 56 suspended.

13. June 27, 2023

    June 28 hearing postponed by committee.

14. June 20, 2023

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

15. May 26, 2023

    Referred to Coms. on L. GOV. and H. & C.D.

16. May 23, 2023

    In Assembly. Read first time. Held at Desk.

17. May 22, 2023

    Read third time. Passed. (Ayes 31. Noes 7. Page 1206.) Ordered to the Assembly.

18. May 02, 2023

    Read second time. Ordered to third reading.

19. May 01, 2023

    From committee: Be ordered to second reading pursuant to Senate Rule 28.8.

20. April 21, 2023

    Set for hearing May 1.

21. April 19, 2023

    From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 2. Page 794.) (April 19). Re-referred to Com. on APPR.

22. April 10, 2023

    Set for hearing April 19.

23. February 22, 2023

    From committee with author's amendments. Read second time and amended. Re-referred to Com. on GOV. & F.

24. February 16, 2023

    From committee with author's amendments. Read second time and amended. Re-referred to Com. on GOV. & F.

25. January 18, 2023

    Referred to Com. on GOV. & F.

26. December 06, 2022

    From printer. May be acted upon on or after January 5.

27. December 05, 2022

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

Sponsors

• Thomas J. Umberg · Primary
• Min · Cosponsor
• Newman · Cosponsor
• Sharon Quirk-Silva · Cosponsor
• Ting · Cosponsor

Votes

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