| Old | New | Differences | |
|---|---|---|---|
| 1 | - | ||
| 1 | + | Amended IN Assembly June 20, 2022 Amended IN Assembly June 06, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Bill No. 361Introduced by Senator Umberg(Principal coauthor: Assembly Member Daly)February 10, 2021An act to amend Section 54230.5 of, and to add Section and repeal Sections 54230.7 and 54230.8 to, of the Government Code, relating to surplus land.LEGISLATIVE COUNSEL'S DIGESTSB 361, as amended, Umberg. Surplus land. land: Orange County.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 propertys 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 would delete the penalty provisions and, instead, require a disposing agency that has received a notification of violation to cure or correct the violation within 60 days, unless the department deems the alleged violation not to be a violation within that period. require the County of Orange, or any city located within Orange County, if notified by the department that its planned sale 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 disposing agency an Orange County jurisdiction that has not cured or corrected any alleged violation from disposing of the parcel until the department determines that the disposing agency it has complied with existing law or deems the alleged violation not to be a violation.This bill would require a local agency disposing of a parcel, if it has received a notification from the department that the local agency is in violation of existing law with regard to the parcel, that is notified pursuant to these Orange County provisions to hold an open and public session to review and consider the proposed lease or sale and the substance of the notice of violation. The bill would require the local agencys governing body to provide prescribed notice prior to the session, no later than 14 days prior to the public session. The bill would prohibit the local agencys governing body from taking final action to ratify or approve the proposed disposal until a public session is held as required by this section. required.These special requirements and prohibitions would be repealed on January 1, 2030.The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose.This bill would make legislative findings to that effect.This bill would make legislative findings and declarations as to the necessity of a special statute for Orange County.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 with regard to certain mandates no reimbursement is required by this act for a specified reason.With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1.Section 54230.5 of the Government Code, as amended by Section 203 of Chapter 615 of the Statutes of 2021, is amended to read:54230.5.(a)(1)Prior to agreeing to terms for the disposition of surplus land, a local agency shall provide to the Department of Housing and Community Development a description of the notices of availability sent, and negotiations conducted with any responding entities, in regard to the disposal of the parcel of surplus land and a copy of any restrictions to be recorded against the property pursuant to Section 54233 or 54233.5, whichever is applicable, in a form prescribed by the Department of Housing and Community Development. A local agency may submit this information after it has sent notices of availability required by Section 54222 and concluded negotiations with any responding agencies. A local agency shall not be subject to subdivision (b) if the Department of Housing and Community Development does not notify the agency that the agency is in violation of this article within 30 days of receiving the description.(2)The Department of Housing and Community Development shall do all of the following:(A)Make available educational resources and materials that inform each agency of its obligations under this article and that provide guidance on how to comply with its provisions.(B)Review information submitted pursuant to paragraph (1).(C)Submit written findings to the local agency within 30 days of receipt of the description required by paragraph (1) from the local agency if the proposed disposal of the land will violate this article.(D)Review, adopt, amend, or repeal guidelines to establish uniform standards to implement this section. The guidelines adopted pursuant to this subdivision are not subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2.(E)Provide the local agency reasonable time, but not less than 60 days, to respond to the findings before taking any other action authorized by this section.(3)(A)The local agency shall consider findings made by the Department of Housing and Community Development pursuant to subparagraph (B) of paragraph (2) and shall do one of the following:(i)Correct any issues identified by the Department of Housing and Community Development.(ii)Provide written findings explaining the reason its process for disposing of surplus land complies with this article and addressing the Department of Housing and Community Developments findings.(B)If the local agency does not correct issues identified by the Department of Housing and Community Development, does not provide findings explaining the reason its process for disposing of surplus land complies with this article and addressing the Department of Housing and Community Developments findings, or if the Department of Housing and Community Development finds that the local agencys findings are deficient in addressing the issues identified by the Department of Housing and Community Development, the Department of Housing and Community Development shall notify the local agency, and may notify the Attorney General, that the local agency is in violation of this article.(b)A disposing agency that has been notified by the Department of Housing and Community Development pursuant to subdivision (a) with regard to a parcel that the agency is in violation of this article, shall have 60 days from the date of receipt of the notification of violation to cure or correct an alleged violation, unless the department deems the alleged violation not to be a violation in less than 60 days. A disposing agency that has not cured or corrected any alleged violation within 60 days shall not dispose of the parcel until the department determines that the disposing agency has complied with this article or deems the alleged violation not to be a violation.(c)The Department of Housing and Community Development shall implement the changes in this section made by the act adding this subdivision commencing on January 1, 2021.(d)Notwithstanding subdivision (c), this section shall not be construed to limit any other remedies authorized under law to enforce this article including public records act requests pursuant to Division 10 (commencing with Section 7920.000) of Title 1.SECTION 1. Section 54230.7 is added to the Government Code, to read:54230.7. (a) If the Department of Housing and Community Development, pursuant to Section 54230.5, notifies the County of Orange, or any city located within Orange County, that its planned sale of surplus land is in violation of this article, the jurisdiction shall have 60 days from the date of receipt of the notification of violation to cure or correct an alleged violation, unless the department deems the alleged violation not to be a violation in less than 60 days. If the jurisdiction has not cured or corrected any alleged violation within 60 days, it shall not dispose of the parcel until the department determines that it has complied with this article or deems the alleged violation not to be a violation.(b) This section shall remain in effect only until January 1, 2030, and as of that date is repealed.SEC. 2. Section 54230.8 is added to the Government Code, to read:54230.8. (a) If a local agency disposing of a parcel has received a notification from the Department of Housing and Community Development pursuant to Section 54230.5 54230.7 that the local agency is in violation of this article with regard to the parcel, the local agencys governing body shall hold an open and public session to review and consider the proposed lease or sale and the substance of the notice of violation. In addition to any other applicable notice requirements, the local agencys governing body shall provide notice, in the manner prescribed by this section, prior to the session. The notice shall be disclosed on the local agencys internet website and in a conspicuous public place at the offices of the local agency no later than 14 days prior to the public session at which the proposed lease or sale and the notice of violation will be considered.(b) The local agencys governing body shall not take final action to ratify or approve the proposed disposal until a public session is held as required by this section.(c) Nothing in this section shall be construed to require the legislative body of a local agency to disclose information that is privileged or protected pursuant to Section 54956.8 in the public meeting to discuss the substance of the notice of violation.(d) This section shall remain in effect only until January 1, 2030, and as of that date is repealed.SEC. 3. The Legislature finds and declares that Section 2 of this act, which adds Section 54230.8 of the Government Code, furthers, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following findings:This act is necessary to give the public adequate notice of and opportunity to comment in an open and public session on the proposed disposition and use of surplus public property by a local agency in cases where the local agency has not complied with the statutory requirements for the disposal of surplus land by a local agency in Article 8 (commencing with Section 54220) of Chapter 5 of Part 1 of Division 2 of Title 5 of the Government Code. SEC. 4. The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances in Orange County.SEC. 4.SEC. 5. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district under this act would result from a legislative mandate that is within the scope of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution.However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. | |
| 2 | 2 | ||
| 3 | - | ||
| 3 | + | Amended IN Assembly June 20, 2022 Amended IN Assembly June 06, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Bill No. 361Introduced by Senator Umberg(Principal coauthor: Assembly Member Daly)February 10, 2021An act to amend Section 54230.5 of, and to add Section and repeal Sections 54230.7 and 54230.8 to, of the Government Code, relating to surplus land.LEGISLATIVE COUNSEL'S DIGESTSB 361, as amended, Umberg. Surplus land. land: Orange County.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 propertys 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 would delete the penalty provisions and, instead, require a disposing agency that has received a notification of violation to cure or correct the violation within 60 days, unless the department deems the alleged violation not to be a violation within that period. require the County of Orange, or any city located within Orange County, if notified by the department that its planned sale 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 disposing agency an Orange County jurisdiction that has not cured or corrected any alleged violation from disposing of the parcel until the department determines that the disposing agency it has complied with existing law or deems the alleged violation not to be a violation.This bill would require a local agency disposing of a parcel, if it has received a notification from the department that the local agency is in violation of existing law with regard to the parcel, that is notified pursuant to these Orange County provisions to hold an open and public session to review and consider the proposed lease or sale and the substance of the notice of violation. The bill would require the local agencys governing body to provide prescribed notice prior to the session, no later than 14 days prior to the public session. The bill would prohibit the local agencys governing body from taking final action to ratify or approve the proposed disposal until a public session is held as required by this section. required.These special requirements and prohibitions would be repealed on January 1, 2030.The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose.This bill would make legislative findings to that effect.This bill would make legislative findings and declarations as to the necessity of a special statute for Orange County.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 with regard to certain mandates no reimbursement is required by this act for a specified reason.With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES | |
| 4 | 4 | ||
| 5 | - | ||
| 5 | + | Amended IN Assembly June 20, 2022 Amended IN Assembly June 06, 2022 | |
| 6 | 6 | ||
| 7 | - | Amended IN Assembly August 15, 2022 | |
| 8 | 7 | Amended IN Assembly June 20, 2022 | |
| 9 | 8 | Amended IN Assembly June 06, 2022 | |
| 10 | 9 | ||
| 11 | 10 | CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION | |
| 12 | 11 | ||
| 13 | 12 | Senate Bill | |
| 14 | 13 | ||
| 15 | 14 | No. 361 | |
| 16 | 15 | ||
| 17 | 16 | Introduced by Senator Umberg(Principal coauthor: Assembly Member Daly)February 10, 2021 | |
| 18 | 17 | ||
| 19 | 18 | Introduced by Senator Umberg(Principal coauthor: Assembly Member Daly) | |
| 20 | 19 | February 10, 2021 | |
| 21 | 20 | ||
| 22 | - | An act to add and repeal Sections 54230.7 and 54230.8 | |
| 21 | + | An act to amend Section 54230.5 of, and to add Section and repeal Sections 54230.7 and 54230.8 to, of the Government Code, relating to surplus land. | |
| 23 | 22 | ||
| 24 | 23 | LEGISLATIVE COUNSEL'S DIGEST | |
| 25 | 24 | ||
| 26 | 25 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 27 | 26 | ||
| 28 | - | SB 361, as amended, Umberg. Surplus land: Orange County. | |
| 27 | + | SB 361, as amended, Umberg. Surplus land. land: Orange County. | |
| 29 | 28 | ||
| 30 | - | 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 propertys 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 would require the County of Orange, or any city located within Orange County, if notified by the department that its planned sale 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 an Orange County 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.This bill would require a local agency that is notified pursuant to these Orange County provisions | |
| 29 | + | 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 propertys 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 would delete the penalty provisions and, instead, require a disposing agency that has received a notification of violation to cure or correct the violation within 60 days, unless the department deems the alleged violation not to be a violation within that period. require the County of Orange, or any city located within Orange County, if notified by the department that its planned sale 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 disposing agency an Orange County jurisdiction that has not cured or corrected any alleged violation from disposing of the parcel until the department determines that the disposing agency it has complied with existing law or deems the alleged violation not to be a violation.This bill would require a local agency disposing of a parcel, if it has received a notification from the department that the local agency is in violation of existing law with regard to the parcel, that is notified pursuant to these Orange County provisions to hold an open and public session to review and consider the proposed lease or sale and the substance of the notice of violation. The bill would require the local agencys governing body to provide prescribed notice prior to the session, no later than 14 days prior to the public session. The bill would prohibit the local agencys governing body from taking final action to ratify or approve the proposed disposal until a public session is held as required by this section. required.These special requirements and prohibitions would be repealed on January 1, 2030.The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose.This bill would make legislative findings to that effect.This bill would make legislative findings and declarations as to the necessity of a special statute for Orange County.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 with regard to certain mandates no reimbursement is required by this act for a specified reason.With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. | |
| 31 | 30 | ||
| 32 | 31 | 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 propertys 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. | |
| 33 | 32 | ||
| 34 | - | This bill would require the County of Orange, or any city located within Orange County, if notified by the department that its planned sale 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 an Orange County 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. | |
| 33 | + | This bill would delete the penalty provisions and, instead, require a disposing agency that has received a notification of violation to cure or correct the violation within 60 days, unless the department deems the alleged violation not to be a violation within that period. require the County of Orange, or any city located within Orange County, if notified by the department that its planned sale 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 disposing agency an Orange County jurisdiction that has not cured or corrected any alleged violation from disposing of the parcel until the department determines that the disposing agency it has complied with existing law or deems the alleged violation not to be a violation. | |
| 35 | 34 | ||
| 36 | - | ||
| 37 | - | ||
| 38 | - | This bill would require a local agency that is notified pursuant to these Orange County provisions the City of Anaheim to hold an open and public session if it is notified by the department that its planned sale of surplus land is in violation of existing law in order to review and consider the substance of the notice of violation. The bill would require the local agencys governing body city council to provide prescribed notice prior to the session, no later than 14 days prior to the public session. The bill would prohibit the local agencys governing body city council from taking final action to ratify or approve the proposed disposal until a public session is held as required. | |
| 35 | + | This bill would require a local agency disposing of a parcel, if it has received a notification from the department that the local agency is in violation of existing law with regard to the parcel, that is notified pursuant to these Orange County provisions to hold an open and public session to review and consider the proposed lease or sale and the substance of the notice of violation. The bill would require the local agencys governing body to provide prescribed notice prior to the session, no later than 14 days prior to the public session. The bill would prohibit the local agencys governing body from taking final action to ratify or approve the proposed disposal until a public session is held as required by this section. required. | |
| 39 | 36 | ||
| 40 | 37 | These special requirements and prohibitions would be repealed on January 1, 2030. | |
| 41 | 38 | ||
| 42 | 39 | The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose. | |
| 43 | 40 | ||
| 44 | 41 | This bill would make legislative findings to that effect. | |
| 45 | 42 | ||
| 46 | - | This bill would make legislative findings and declarations as to the necessity of a special statute for Orange County. | |
| 43 | + | This bill would make legislative findings and declarations as to the necessity of a special statute for Orange County. | |
| 47 | 44 | ||
| 48 | - | By imposing new duties on local agencies | |
| 45 | + | By imposing new duties on local agencies, the bill would impose a state-mandated local program. | |
| 49 | 46 | ||
| 50 | 47 | 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. | |
| 51 | 48 | ||
| 52 | 49 | This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason. | |
| 53 | 50 | ||
| 54 | 51 | With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. | |
| 55 | 52 | ||
| 56 | 53 | ## Digest Key | |
| 57 | 54 | ||
| 58 | 55 | ## Bill Text | |
| 59 | 56 | ||
| 60 | - | The people of the State of California do enact as follows:SECTION 1.Section 54230. | |
| 57 | + | The people of the State of California do enact as follows:SECTION 1.Section 54230.5 of the Government Code, as amended by Section 203 of Chapter 615 of the Statutes of 2021, is amended to read:54230.5.(a)(1)Prior to agreeing to terms for the disposition of surplus land, a local agency shall provide to the Department of Housing and Community Development a description of the notices of availability sent, and negotiations conducted with any responding entities, in regard to the disposal of the parcel of surplus land and a copy of any restrictions to be recorded against the property pursuant to Section 54233 or 54233.5, whichever is applicable, in a form prescribed by the Department of Housing and Community Development. A local agency may submit this information after it has sent notices of availability required by Section 54222 and concluded negotiations with any responding agencies. A local agency shall not be subject to subdivision (b) if the Department of Housing and Community Development does not notify the agency that the agency is in violation of this article within 30 days of receiving the description.(2)The Department of Housing and Community Development shall do all of the following:(A)Make available educational resources and materials that inform each agency of its obligations under this article and that provide guidance on how to comply with its provisions.(B)Review information submitted pursuant to paragraph (1).(C)Submit written findings to the local agency within 30 days of receipt of the description required by paragraph (1) from the local agency if the proposed disposal of the land will violate this article.(D)Review, adopt, amend, or repeal guidelines to establish uniform standards to implement this section. The guidelines adopted pursuant to this subdivision are not subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2.(E)Provide the local agency reasonable time, but not less than 60 days, to respond to the findings before taking any other action authorized by this section.(3)(A)The local agency shall consider findings made by the Department of Housing and Community Development pursuant to subparagraph (B) of paragraph (2) and shall do one of the following:(i)Correct any issues identified by the Department of Housing and Community Development.(ii)Provide written findings explaining the reason its process for disposing of surplus land complies with this article and addressing the Department of Housing and Community Developments findings.(B)If the local agency does not correct issues identified by the Department of Housing and Community Development, does not provide findings explaining the reason its process for disposing of surplus land complies with this article and addressing the Department of Housing and Community Developments findings, or if the Department of Housing and Community Development finds that the local agencys findings are deficient in addressing the issues identified by the Department of Housing and Community Development, the Department of Housing and Community Development shall notify the local agency, and may notify the Attorney General, that the local agency is in violation of this article.(b)A disposing agency that has been notified by the Department of Housing and Community Development pursuant to subdivision (a) with regard to a parcel that the agency is in violation of this article, shall have 60 days from the date of receipt of the notification of violation to cure or correct an alleged violation, unless the department deems the alleged violation not to be a violation in less than 60 days. A disposing agency that has not cured or corrected any alleged violation within 60 days shall not dispose of the parcel until the department determines that the disposing agency has complied with this article or deems the alleged violation not to be a violation.(c)The Department of Housing and Community Development shall implement the changes in this section made by the act adding this subdivision commencing on January 1, 2021.(d)Notwithstanding subdivision (c), this section shall not be construed to limit any other remedies authorized under law to enforce this article including public records act requests pursuant to Division 10 (commencing with Section 7920.000) of Title 1.SECTION 1. Section 54230.7 is added to the Government Code, to read:54230.7. (a) If the Department of Housing and Community Development, pursuant to Section 54230.5, notifies the County of Orange, or any city located within Orange County, that its planned sale of surplus land is in violation of this article, the jurisdiction shall have 60 days from the date of receipt of the notification of violation to cure or correct an alleged violation, unless the department deems the alleged violation not to be a violation in less than 60 days. If the jurisdiction has not cured or corrected any alleged violation within 60 days, it shall not dispose of the parcel until the department determines that it has complied with this article or deems the alleged violation not to be a violation.(b) This section shall remain in effect only until January 1, 2030, and as of that date is repealed.SEC. 2. Section 54230.8 is added to the Government Code, to read:54230.8. (a) If a local agency disposing of a parcel has received a notification from the Department of Housing and Community Development pursuant to Section 54230.5 54230.7 that the local agency is in violation of this article with regard to the parcel, the local agencys governing body shall hold an open and public session to review and consider the proposed lease or sale and the substance of the notice of violation. In addition to any other applicable notice requirements, the local agencys governing body shall provide notice, in the manner prescribed by this section, prior to the session. The notice shall be disclosed on the local agencys internet website and in a conspicuous public place at the offices of the local agency no later than 14 days prior to the public session at which the proposed lease or sale and the notice of violation will be considered.(b) The local agencys governing body shall not take final action to ratify or approve the proposed disposal until a public session is held as required by this section.(c) Nothing in this section shall be construed to require the legislative body of a local agency to disclose information that is privileged or protected pursuant to Section 54956.8 in the public meeting to discuss the substance of the notice of violation.(d) This section shall remain in effect only until January 1, 2030, and as of that date is repealed.SEC. 3. The Legislature finds and declares that Section 2 of this act, which adds Section 54230.8 of the Government Code, furthers, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following findings:This act is necessary to give the public adequate notice of and opportunity to comment in an open and public session on the proposed disposition and use of surplus public property by a local agency in cases where the local agency has not complied with the statutory requirements for the disposal of surplus land by a local agency in Article 8 (commencing with Section 54220) of Chapter 5 of Part 1 of Division 2 of Title 5 of the Government Code. SEC. 4. The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances in Orange County.SEC. 4.SEC. 5. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district under this act would result from a legislative mandate that is within the scope of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution.However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. | |
| 61 | 58 | ||
| 62 | 59 | The people of the State of California do enact as follows: | |
| 63 | 60 | ||
| 64 | 61 | ## The people of the State of California do enact as follows: | |
| 65 | 62 | ||
| 66 | 63 | ||
| 67 | 64 | ||
| 68 | 65 | ||
| 69 | 66 | ||
| 70 | - | (a)If the Department of Housing and Community Development | |
| 67 | + | (a)(1)Prior to agreeing to terms for the disposition of surplus land, a local agency shall provide to the Department of Housing and Community Development a description of the notices of availability sent, and negotiations conducted with any responding entities, in regard to the disposal of the parcel of surplus land and a copy of any restrictions to be recorded against the property pursuant to Section 54233 or 54233.5, whichever is applicable, in a form prescribed by the Department of Housing and Community Development. A local agency may submit this information after it has sent notices of availability required by Section 54222 and concluded negotiations with any responding agencies. A local agency shall not be subject to subdivision (b) if the Department of Housing and Community Development does not notify the agency that the agency is in violation of this article within 30 days of receiving the description. | |
| 71 | 68 | ||
| 72 | 69 | ||
| 73 | 70 | ||
| 74 | - | ( | |
| 71 | + | (2)The Department of Housing and Community Development shall do all of the following: | |
| 75 | 72 | ||
| 76 | 73 | ||
| 77 | 74 | ||
| 75 | + | (A)Make available educational resources and materials that inform each agency of its obligations under this article and that provide guidance on how to comply with its provisions. | |
| 78 | 76 | ||
| 79 | 77 | ||
| 80 | 78 | ||
| 81 | - | ||
| 82 | - | (a)If a local agency | |
| 79 | + | (B)Review information submitted pursuant to paragraph (1). | |
| 83 | 80 | ||
| 84 | 81 | ||
| 85 | 82 | ||
| 86 | - | SECTION 1. Section 54230.7 is added to the Government Code, to read:54230.7. (a) If the City of Anaheim is disposing of a parcel and has received a notification from the Department of Housing and Community Development pursuant to Section 54230.7 54230.5 that the local agency it is in violation of this article with regard to the parcel, the local agencys governing body city council shall hold an open and public session to review and consider the substance of the notice of violation. In addition to any other applicable notice requirements, the local agencys governing body city council shall provide notice, in the manner prescribed by this section, prior to the session. The notice shall be disclosed on the local agencys citys internet website and website, in a conspicuous public place at the offices of the local agency city, and to the Department of Housing and Community Development no later than 14 days prior to the public session at which the proposed lease or sale and the notice of violation will be considered.(b) The local agencys governing body city council shall not take final action to ratify or approve the proposed disposal until a public session is held as required by this section.(c) Nothing in this section shall be construed to require the legislative body of a local agency City of Anaheim to disclose information that is privileged or protected pursuant to Section 54956.8 in the public meeting to discuss the substance of the notice of violation.(d) This section shall remain in effect only until January 1, 2030, and as of that date is repealed. | |
| 83 | + | (C)Submit written findings to the local agency within 30 days of receipt of the description required by paragraph (1) from the local agency if the proposed disposal of the land will violate this article. | |
| 84 | + | ||
| 85 | + | ||
| 86 | + | ||
| 87 | + | (D)Review, adopt, amend, or repeal guidelines to establish uniform standards to implement this section. The guidelines adopted pursuant to this subdivision are not subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2. | |
| 88 | + | ||
| 89 | + | ||
| 90 | + | ||
| 91 | + | (E)Provide the local agency reasonable time, but not less than 60 days, to respond to the findings before taking any other action authorized by this section. | |
| 92 | + | ||
| 93 | + | ||
| 94 | + | ||
| 95 | + | (3)(A)The local agency shall consider findings made by the Department of Housing and Community Development pursuant to subparagraph (B) of paragraph (2) and shall do one of the following: | |
| 96 | + | ||
| 97 | + | ||
| 98 | + | ||
| 99 | + | (i)Correct any issues identified by the Department of Housing and Community Development. | |
| 100 | + | ||
| 101 | + | ||
| 102 | + | ||
| 103 | + | (ii)Provide written findings explaining the reason its process for disposing of surplus land complies with this article and addressing the Department of Housing and Community Developments findings. | |
| 104 | + | ||
| 105 | + | ||
| 106 | + | ||
| 107 | + | (B)If the local agency does not correct issues identified by the Department of Housing and Community Development, does not provide findings explaining the reason its process for disposing of surplus land complies with this article and addressing the Department of Housing and Community Developments findings, or if the Department of Housing and Community Development finds that the local agencys findings are deficient in addressing the issues identified by the Department of Housing and Community Development, the Department of Housing and Community Development shall notify the local agency, and may notify the Attorney General, that the local agency is in violation of this article. | |
| 108 | + | ||
| 109 | + | ||
| 110 | + | ||
| 111 | + | (b)A disposing agency that has been notified by the Department of Housing and Community Development pursuant to subdivision (a) with regard to a parcel that the agency is in violation of this article, shall have 60 days from the date of receipt of the notification of violation to cure or correct an alleged violation, unless the department deems the alleged violation not to be a violation in less than 60 days. A disposing agency that has not cured or corrected any alleged violation within 60 days shall not dispose of the parcel until the department determines that the disposing agency has complied with this article or deems the alleged violation not to be a violation. | |
| 112 | + | ||
| 113 | + | ||
| 114 | + | ||
| 115 | + | (c)The Department of Housing and Community Development shall implement the changes in this section made by the act adding this subdivision commencing on January 1, 2021. | |
| 116 | + | ||
| 117 | + | ||
| 118 | + | ||
| 119 | + | (d)Notwithstanding subdivision (c), this section shall not be construed to limit any other remedies authorized under law to enforce this article including public records act requests pursuant to Division 10 (commencing with Section 7920.000) of Title 1. | |
| 120 | + | ||
| 121 | + | ||
| 122 | + | ||
| 123 | + | SECTION 1. Section 54230.7 is added to the Government Code, to read:54230.7. (a) If the Department of Housing and Community Development, pursuant to Section 54230.5, notifies the County of Orange, or any city located within Orange County, that its planned sale of surplus land is in violation of this article, the jurisdiction shall have 60 days from the date of receipt of the notification of violation to cure or correct an alleged violation, unless the department deems the alleged violation not to be a violation in less than 60 days. If the jurisdiction has not cured or corrected any alleged violation within 60 days, it shall not dispose of the parcel until the department determines that it has complied with this article or deems the alleged violation not to be a violation.(b) This section shall remain in effect only until January 1, 2030, and as of that date is repealed. | |
| 87 | 124 | ||
| 88 | 125 | SECTION 1. Section 54230.7 is added to the Government Code, to read: | |
| 89 | 126 | ||
| 90 | 127 | ### SECTION 1. | |
| 91 | 128 | ||
| 92 | - | 54230.7. (a) If | |
| 129 | + | 54230.7. (a) If the Department of Housing and Community Development, pursuant to Section 54230.5, notifies the County of Orange, or any city located within Orange County, that its planned sale of surplus land is in violation of this article, the jurisdiction shall have 60 days from the date of receipt of the notification of violation to cure or correct an alleged violation, unless the department deems the alleged violation not to be a violation in less than 60 days. If the jurisdiction has not cured or corrected any alleged violation within 60 days, it shall not dispose of the parcel until the department determines that it has complied with this article or deems the alleged violation not to be a violation.(b) This section shall remain in effect only until January 1, 2030, and as of that date is repealed. | |
| 93 | 130 | ||
| 94 | - | 54230.7. (a) If | |
| 131 | + | 54230.7. (a) If the Department of Housing and Community Development, pursuant to Section 54230.5, notifies the County of Orange, or any city located within Orange County, that its planned sale of surplus land is in violation of this article, the jurisdiction shall have 60 days from the date of receipt of the notification of violation to cure or correct an alleged violation, unless the department deems the alleged violation not to be a violation in less than 60 days. If the jurisdiction has not cured or corrected any alleged violation within 60 days, it shall not dispose of the parcel until the department determines that it has complied with this article or deems the alleged violation not to be a violation.(b) This section shall remain in effect only until January 1, 2030, and as of that date is repealed. | |
| 95 | 132 | ||
| 96 | - | 54230.7. (a) If | |
| 133 | + | 54230.7. (a) If the Department of Housing and Community Development, pursuant to Section 54230.5, notifies the County of Orange, or any city located within Orange County, that its planned sale of surplus land is in violation of this article, the jurisdiction shall have 60 days from the date of receipt of the notification of violation to cure or correct an alleged violation, unless the department deems the alleged violation not to be a violation in less than 60 days. If the jurisdiction has not cured or corrected any alleged violation within 60 days, it shall not dispose of the parcel until the department determines that it has complied with this article or deems the alleged violation not to be a violation.(b) This section shall remain in effect only until January 1, 2030, and as of that date is repealed. | |
| 97 | 134 | ||
| 98 | 135 | ||
| 99 | 136 | ||
| 100 | - | 54230.7. (a) If | |
| 137 | + | 54230.7. (a) If the Department of Housing and Community Development, pursuant to Section 54230.5, notifies the County of Orange, or any city located within Orange County, that its planned sale of surplus land is in violation of this article, the jurisdiction shall have 60 days from the date of receipt of the notification of violation to cure or correct an alleged violation, unless the department deems the alleged violation not to be a violation in less than 60 days. If the jurisdiction has not cured or corrected any alleged violation within 60 days, it shall not dispose of the parcel until the department determines that it has complied with this article or deems the alleged violation not to be a violation. | |
| 101 | 138 | ||
| 102 | - | (b) | |
| 139 | + | (b) This section shall remain in effect only until January 1, 2030, and as of that date is repealed. | |
| 103 | 140 | ||
| 104 | - | (c) Nothing in this section shall be construed to require the legislative body of a local agency City of Anaheim to disclose information that is privileged or protected pursuant to Section 54956.8 in the public meeting to discuss the substance of the notice of violation. | |
| 141 | + | SEC. 2. Section 54230.8 is added to the Government Code, to read:54230.8. (a) If a local agency disposing of a parcel has received a notification from the Department of Housing and Community Development pursuant to Section 54230.5 54230.7 that the local agency is in violation of this article with regard to the parcel, the local agencys governing body shall hold an open and public session to review and consider the proposed lease or sale and the substance of the notice of violation. In addition to any other applicable notice requirements, the local agencys governing body shall provide notice, in the manner prescribed by this section, prior to the session. The notice shall be disclosed on the local agencys internet website and in a conspicuous public place at the offices of the local agency no later than 14 days prior to the public session at which the proposed lease or sale and the notice of violation will be considered.(b) The local agencys governing body shall not take final action to ratify or approve the proposed disposal until a public session is held as required by this section.(c) Nothing in this section shall be construed to require the legislative body of a local agency to disclose information that is privileged or protected pursuant to Section 54956.8 in the public meeting to discuss the substance of the notice of violation.(d) This section shall remain in effect only until January 1, 2030, and as of that date is repealed. | |
| 142 | + | ||
| 143 | + | SEC. 2. Section 54230.8 is added to the Government Code, to read: | |
| 144 | + | ||
| 145 | + | ### SEC. 2. | |
| 146 | + | ||
| 147 | + | 54230.8. (a) If a local agency disposing of a parcel has received a notification from the Department of Housing and Community Development pursuant to Section 54230.5 54230.7 that the local agency is in violation of this article with regard to the parcel, the local agencys governing body shall hold an open and public session to review and consider the proposed lease or sale and the substance of the notice of violation. In addition to any other applicable notice requirements, the local agencys governing body shall provide notice, in the manner prescribed by this section, prior to the session. The notice shall be disclosed on the local agencys internet website and in a conspicuous public place at the offices of the local agency no later than 14 days prior to the public session at which the proposed lease or sale and the notice of violation will be considered.(b) The local agencys governing body shall not take final action to ratify or approve the proposed disposal until a public session is held as required by this section.(c) Nothing in this section shall be construed to require the legislative body of a local agency to disclose information that is privileged or protected pursuant to Section 54956.8 in the public meeting to discuss the substance of the notice of violation.(d) This section shall remain in effect only until January 1, 2030, and as of that date is repealed. | |
| 148 | + | ||
| 149 | + | 54230.8. (a) If a local agency disposing of a parcel has received a notification from the Department of Housing and Community Development pursuant to Section 54230.5 54230.7 that the local agency is in violation of this article with regard to the parcel, the local agencys governing body shall hold an open and public session to review and consider the proposed lease or sale and the substance of the notice of violation. In addition to any other applicable notice requirements, the local agencys governing body shall provide notice, in the manner prescribed by this section, prior to the session. The notice shall be disclosed on the local agencys internet website and in a conspicuous public place at the offices of the local agency no later than 14 days prior to the public session at which the proposed lease or sale and the notice of violation will be considered.(b) The local agencys governing body shall not take final action to ratify or approve the proposed disposal until a public session is held as required by this section.(c) Nothing in this section shall be construed to require the legislative body of a local agency to disclose information that is privileged or protected pursuant to Section 54956.8 in the public meeting to discuss the substance of the notice of violation.(d) This section shall remain in effect only until January 1, 2030, and as of that date is repealed. | |
| 150 | + | ||
| 151 | + | 54230.8. (a) If a local agency disposing of a parcel has received a notification from the Department of Housing and Community Development pursuant to Section 54230.5 54230.7 that the local agency is in violation of this article with regard to the parcel, the local agencys governing body shall hold an open and public session to review and consider the proposed lease or sale and the substance of the notice of violation. In addition to any other applicable notice requirements, the local agencys governing body shall provide notice, in the manner prescribed by this section, prior to the session. The notice shall be disclosed on the local agencys internet website and in a conspicuous public place at the offices of the local agency no later than 14 days prior to the public session at which the proposed lease or sale and the notice of violation will be considered.(b) The local agencys governing body shall not take final action to ratify or approve the proposed disposal until a public session is held as required by this section.(c) Nothing in this section shall be construed to require the legislative body of a local agency to disclose information that is privileged or protected pursuant to Section 54956.8 in the public meeting to discuss the substance of the notice of violation.(d) This section shall remain in effect only until January 1, 2030, and as of that date is repealed. | |
| 152 | + | ||
| 153 | + | ||
| 154 | + | ||
| 155 | + | 54230.8. (a) If a local agency disposing of a parcel has received a notification from the Department of Housing and Community Development pursuant to Section 54230.5 54230.7 that the local agency is in violation of this article with regard to the parcel, the local agencys governing body shall hold an open and public session to review and consider the proposed lease or sale and the substance of the notice of violation. In addition to any other applicable notice requirements, the local agencys governing body shall provide notice, in the manner prescribed by this section, prior to the session. The notice shall be disclosed on the local agencys internet website and in a conspicuous public place at the offices of the local agency no later than 14 days prior to the public session at which the proposed lease or sale and the notice of violation will be considered. | |
| 156 | + | ||
| 157 | + | (b) The local agencys governing body shall not take final action to ratify or approve the proposed disposal until a public session is held as required by this section. | |
| 158 | + | ||
| 159 | + | (c) Nothing in this section shall be construed to require the legislative body of a local agency to disclose information that is privileged or protected pursuant to Section 54956.8 in the public meeting to discuss the substance of the notice of violation. | |
| 105 | 160 | ||
| 106 | 161 | (d) This section shall remain in effect only until January 1, 2030, and as of that date is repealed. | |
| 107 | 162 | ||
| 108 | - | SEC. 3 | |
| 163 | + | SEC. 3. The Legislature finds and declares that Section 2 of this act, which adds Section 54230.8 of the Government Code, furthers, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following findings:This act is necessary to give the public adequate notice of and opportunity to comment in an open and public session on the proposed disposition and use of surplus public property by a local agency in cases where the local agency has not complied with the statutory requirements for the disposal of surplus land by a local agency in Article 8 (commencing with Section 54220) of Chapter 5 of Part 1 of Division 2 of Title 5 of the Government Code. | |
| 109 | 164 | ||
| 110 | - | SEC. 3 | |
| 165 | + | SEC. 3. The Legislature finds and declares that Section 2 of this act, which adds Section 54230.8 of the Government Code, furthers, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following findings:This act is necessary to give the public adequate notice of and opportunity to comment in an open and public session on the proposed disposition and use of surplus public property by a local agency in cases where the local agency has not complied with the statutory requirements for the disposal of surplus land by a local agency in Article 8 (commencing with Section 54220) of Chapter 5 of Part 1 of Division 2 of Title 5 of the Government Code. | |
| 111 | 166 | ||
| 112 | - | SEC. 3 | |
| 167 | + | SEC. 3. The Legislature finds and declares that Section 2 of this act, which adds Section 54230.8 of the Government Code, furthers, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following findings: | |
| 113 | 168 | ||
| 114 | - | ### SEC. 3. | |
| 169 | + | ### SEC. 3. | |
| 115 | 170 | ||
| 116 | - | This act is necessary to give the public adequate notice of and opportunity to comment in an open and public session on the proposed disposition and use of surplus public property by a local agency | |
| 171 | + | This act is necessary to give the public adequate notice of and opportunity to comment in an open and public session on the proposed disposition and use of surplus public property by a local agency in cases where the local agency has not complied with the statutory requirements for the disposal of surplus land by a local agency in Article 8 (commencing with Section 54220) of Chapter 5 of Part 1 of Division 2 of Title 5 of the Government Code. | |
| 117 | 172 | ||
| 118 | - | SEC. 4 | |
| 173 | + | SEC. 4. The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances in Orange County. | |
| 119 | 174 | ||
| 120 | - | SEC. 4 | |
| 175 | + | SEC. 4. The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances in Orange County. | |
| 121 | 176 | ||
| 122 | - | SEC. 4 | |
| 177 | + | SEC. 4. The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances in Orange County. | |
| 123 | 178 | ||
| 124 | - | ### SEC. 4. | |
| 179 | + | ### SEC. 4. | |
| 125 | 180 | ||
| 126 | - | SEC. 5 | |
| 181 | + | SEC. 4.SEC. 5. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district under this act would result from a legislative mandate that is within the scope of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution.However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. | |
| 127 | 182 | ||
| 128 | - | SEC. 5 | |
| 183 | + | SEC. 4.SEC. 5. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district under this act would result from a legislative mandate that is within the scope of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution.However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. | |
| 129 | 184 | ||
| 130 | - | SEC. 5 | |
| 185 | + | SEC. 4.SEC. 5. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district under this act would result from a legislative mandate that is within the scope of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution. | |
| 131 | 186 | ||
| 132 | - | ### SEC. | |
| 187 | + | ### SEC. 4.SEC. 5. | |
| 133 | 188 | ||
| 134 | 189 | However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. |