California Assembly Bill AB806 Amended / Bill

 BILL NUMBER: AB 806AMENDED BILL TEXT AMENDED IN SENATE APRIL 14, 2016 AMENDED IN SENATE JULY 13, 2015 AMENDED IN ASSEMBLY MAY 28, 2015 AMENDED IN ASSEMBLY APRIL 6, 2015 INTRODUCED BY Assembly  Member   Dodd   Members   Dodd   and Frazier  FEBRUARY 26, 2015 An act to  add Section 65964.5 to   amend Sections 52200.2, 52200.6, 52201, and 52202 of, and to add Section 52204 to,  the Government Code, relating to local government. LEGISLATIVE COUNSEL'S DIGEST AB 806, as amended, Dodd.  Planning and zoning: permits: strand-mounted antenna.   Comm   unity development: economic opportunity.   Under existing law, before certain city, county, or city and county property is sold or leased for economic development purposes, approval of the sale or lease by the legislative body by resolution, after a public hearing, is required. Existing law requires that resolution to contain a finding that the sale or lease of the property will assist in the creation of economic opportunity, as defined.   This bill would repeal the existing requirement for approval of the sale or lease by the legislative body by resolution before certain city, county, or city and county property is sold or leased for economic development purposes. The bill would instead authorize a city, county, or city and county to acquire property in furtherance of the creation of an economic opportunity, as defined. The bill would also authorize a city, county, or city and county to sell or lease property to create an economic opportunity. The bill would require the acquisition, sale, or lease to be approved by the legislative body by resolution after a public hearing. The bill would require the resolution to contain a finding that the acquisition, sale, or lease of the property will assist in the creation of economic opportunity and would require the creation of an economic opportunity to be subject to specified public notice and hearing provisions.   Existing law authorizes a city, county, or city and county to establish a program under which it loans funds to owners or tenants for the purpose of rehabilitating commercial buildings or structures.   This bill would revise that authorization by requiring the loan to be in the form of a written loan agreement that includes a payment schedule, the terms for interest calculation, the rights and remedies of the parties in case of default, and any other material terms of the loan. The bill would require, prior to entering into that loan agreement, the city, county, or city and county to find, after a public hearing, that the assistance is necessary for the economic feasibility of the development and that the assistance cannot be obtained on economically feasible terms in the private market.   The Permit Streamlining Act governs the approval process that a city, county, or city and county is required to follow when approving, among other things, a project that is located within a flood hazard zone, a permit for a hazardous waste facility project, and a permit for construction or reconstruction for a development project for a wireless telecommunications facility.   This bill would require state and local agencies to encourage the installation of broadband by eliminating barriers that restrict broadband deployment. The bill would also require that strand-mounted antennas, as defined, that were previously in accordance with state or local government permitting requirements be exempt from additional permit requirements. The bill would make findings and declarations in this regard including that this constitutes a matter of statewide concern.  Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:  SECTION 1.   Section 52200.2 of the   Government Code   is amended to read:  52200.2. As used in this part "economic opportunity" means any of the following: (a) Development  agreements   agreements, loan agreements, sale agreements, lease agreements,  or other agreements that create, retain, or expand new jobs, in which the legislative body finds that the agreement will create or retain at least one full-time equivalent, permanent job for every thirty-five thousand dollars ($35,000) of city, county, or city and county investment in the project after full capacity and implementation. (b) Development  agreements   agreements, loan agreements, sale agreements, lease agreements, or other agreements  that increase property tax revenues to all property tax collecting entities, in which the legislative body finds that the agreement will result in an increase of at least 15 percent of total property tax resulting from the project at full implementation when compared to the year prior to the property being acquired by the government entity. (c) Creation of affordable housing, if a demonstrated affordable housing need exists in the community, as defined in the approved housing element or regional housing needs assessment. (d) Projects that meet the goals set forth in Chapter 728 of the Statutes of 2008 and have been included in an adopted sustainable communities strategy or alternative planning strategy or a project that specifically implements the goals of those adopted plans. (e) Transit priority projects, as defined in Section 21155 of the Public Resources Code.  (f) The acquisition of property in furtherance of the creation of an economic opportunity, as described in subdivisions (a) to (e), inclusive.   SEC. 2.   Section 52200.6 of the   Government Code   is amended to read:  52200.6.  (a)    This  chapter   part  shall not be interpreted to authorize the use of eminent domain for economic development purposes.  (b) The creation of an economic opportunity pursuant to this part shall be subject to the provisions of Section 53083.   (c) The provisions of this part shall be an alternative to any authority of a city, county, or city and county to create an economic opportunity or to acquire, sell, or lease property for economic development, found in the Constitution, state law, local ordinance, or charter. This part does not limit, or in any way affect, the application of any other such laws.   SEC. 3.   Section 52201 of the   Government Code   is amended to read:  52201. (a) (1)  Before any city, county, or city and county property that is returned to the city, county, or city and county per the long-range property management plan, pursuant to Section 34191.5 of the Health and Safety Code, is sold or leased for economic development purposes, the sale   A city, county, or city and county may acquire property in furtherance of the creation of an economic opportunity. A city, county, or city and county may sell or lease property to create an economic opportunity. The acquisition, sale,  or lease shall first be approved by the legislative body by resolution after  a  public hearing. Notice of the time and place of the hearing shall be published in a newspaper of general circulation in the community at least once per week for at least two successive weeks, as specified in Section 6066, prior to the hearing. (2) The city, county, or city and county shall make available, for public inspection and copying at a cost not to exceed the cost of duplication, a report no later than the time of publication of the first notice of the hearing mandated by this section. This report shall contain both of the following: (A) A copy of the proposed  sale   acquisition, sale,  or lease. (B) A summary that describes and specifies all of the following: (i) The cost of the agreement to the city, county, or city and county, including land acquisition costs, clearance costs, relocation costs, the costs of any improvements to be provided by the city, county, or city and county, plus the expected interest on any loans or bonds to finance the agreements. (ii)  The   For the sale or lease of property, the  estimated value of the interest to be conveyed or leased, determined at the highest and best uses permitted under the general plan or zoning. (iii)  The   For   the sale or lease of property, the  estimated value of the interest to be conveyed or leased, determined at the use and with the conditions, covenants, and development costs required by the sale or lease. The purchase price or present value of the lease payments which the lessor will be required to make during the term of the lease. If the sale price or total rental amount is less than the fair market value of the interest to be conveyed or leased, determined at the highest and best use, then the city, county, or city and county shall provide as part of the summary an explanation of the reasons for the difference. (iv) An explanation of why the  sale   acquisition, sale,  or lease of the property will assist in the creation of economic opportunity, with reference to all supporting facts and materials relied upon in making this explanation. (b) The resolution approving the  lease or sale   acquisition, sale, or lease  shall be adopted by a majority vote unless the legislative body has provided by ordinance for a two-thirds vote for that purpose and shall contain a finding that the  sale   acquisition, sale,  or lease of the property will assist in the creation of economic opportunity.  The   For the sale or lease of property, the  resolution shall also contain one of the following findings: (1) The consideration is not less than the fair market value at its highest and best use. (2) The consideration is not less than the fair reuse value at the use and with the covenants and conditions and development costs authorized by the sale or lease. (c) The provisions of this section are an alternative to any other authority granted by law to cities to dispose of city-owned property.  SEC. 4.   Section 52202 of the   Government Code   is amended to read: 52202.  (a)    A city, county, or city and county may  establish a program under which it loans   loan  funds to owners or tenants for the purpose of rehabilitating commercial buildings or structures.  The loan shall be in the form of a written   loan agreement that includes a payment schedule, the terms for interest calculation, the rights and remedies of the   parties in case of default, and any other material terms of the loan.   (b) Prior to entering into a loan agreement pursuant to this section, the city, county, or city and county shall find, after a public hearing, that the assistance is necessary for the economic feasibility of the development and that the assistance cannot be obtained on economically feasible terms in the private market.   SEC. 5.   Section 52204 is added to the   Government Code   , to read:   52204. The determinations made by a legislative body pursuant to this part shall be final and conclusive.   SECTION 1.   Section 65964.5 is added to the Government Code, to read: 65964.5. (a) (1) The Legislature hereby finds and declares that communications technology and services, particularly broadband, are criticial the the economic success of this state in the 21st century. Broadband can drive local and state economic growth, as well as improve education, business services, public safety, health care, and energy efficiency. (2) The Legislature finds and declares that the implementation of consistent statewide policies to achieve timely and cost-effective deployment of broadband is a matter of statewide concern and that this section shall apply to charter cities and charter counties. The provisions of this section shall supersede any inconsistent provisions in the charter of any city, county, or city and county. (b) It is the intent of the Legislature that state and local agencies not adopt ordinances, resolutions, or regulations that create unreasonable barriers to the installation of broadband. State and local agencies shall encourage the installation of broadband by eliminating barriers that restrict broadband deployment. (c) (1) A strand-mounted antenna used for the provision of video, voice, or data service that is attached to communications infrastructure that were previously constructed in accordance with state or local permitting requirements shall be exempt from additional permitting requirements. (2) For the purposes of this section, "strand-mounted antenna" means a low-powered antenna embedded in or attached to communications cables that are part of a pole-supported overhead communications infrascture. "Strand-mounted antenna" shall not include a commercial mobile radio services (CMRS) antenna.