California 2023 2023-2024 Regular Session

California Assembly Bill AB2909 Introduced / Bill

Filed 02/15/2024

                    CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 2909Introduced by Assembly Member SantiagoFebruary 15, 2024 An act to amend, repeal, and add Section 50280.1 of, and to add and repeal Section 50280.2 of, the Government Code, relating to local government.LEGISLATIVE COUNSEL'S DIGESTAB 2909, as introduced, Santiago. Historical property contracts: qualified historical property: adaptive reuse.Existing law authorizes an owner of any qualified historical property to contract with the legislative body of a city, county, or city and county to restrict the use of the property, as specified, in exchange for lowered assessment values. Existing law defines qualified historical property as privately owned property that is not exempt from property taxation and is either listed in the National Register of Historic Places or located in a registered historic district, as defined, or listed in any state, city, county, or city and county official register of historical or architecturally significant sites, places, or landmarks.Existing law establishes the Infill Infrastructure Grant Program of 2019, which requires the Department of Housing and Community Development to establish and administer a grant program to fund capital improvement projects pursuant to specified requirements. Existing law provides that capital improvement projects that may be funded under the grant program include, among other things, those related to adapted reuse, which means, when referring to building structures, retrofitting and repurposing of existing buildings that create new residential rental units, as specified.This bill, starting January 1, 2026, and until January 1, 2036, would additionally define as qualified historical property a privately owned property that is not exempt from property taxation that was constructed at least 30 years prior to the year a legislative body and property owner enter into a contract to restrict the use of the property, as specified, and that is located on a site that satisfies certain criteria, including, among others, being in a zone where office, retail, or parking are a principally permitted use. The bill would require a contract entered into to restrict the use of that qualified historical property to require adaptive reuse of the qualified historical property. The bill would also update an obsolete cross-reference.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 50280.1 of the Government Code is amended to read:50280.1. Qualified historical property for purposes of this article, means privately owned property which that is not exempt from property taxation and which that meets either any of the following:(a) Listed in the National Register of Historic Places or located in a registered historic district, as defined in Section 1.191-2(b) 1.48-12 of Title 26 of the Code of Federal Regulations.(b) Listed in any state, city, county, or city and county official register of historical or architecturally significant sites, places, or landmarks.(c) For contracts entered into under this article on or after January 1, 2026, constructed at least 30 years prior to the year a legislative body and property owner enter into a contract for the property pursuant to this article and located on a site that satisfies all of the criteria in Section 65912.111.This section shall remain in effect only until January 1, 2036, and as of that date is repealed.SEC. 2. Section 50280.1 is added to the Government Code, to read:50280.1. Qualified historical property for purposes of this article, means privately owned property that is not exempt from property taxation and that meets either of the following:(a) Listed in the National Register of Historic Places or located in a registered historic district, as defined in Section 1.48-12 of Title 26 of the Code of Federal Regulations.(b) Listed in any state, city, county, or city and county official register of historical or architecturally significant sites, places, or landmarks.This section shall become operative on January 1, 2036.SEC. 3. Section 50280.2 is added to the Government Code, to read:50280.2. (a) A contract entered into under this article to restrict the use of qualified historical property described in subdivision (c) of Section 50280.1 shall require adaptive reuse, as defined in Section 53559.1 of the Health and Safety Code, of the qualified historical property. (b) This section shall become operative on January 1, 2026, and shall remain in effect only until January 1, 2036, and as of that date is repealed.

 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 2909Introduced by Assembly Member SantiagoFebruary 15, 2024 An act to amend, repeal, and add Section 50280.1 of, and to add and repeal Section 50280.2 of, the Government Code, relating to local government.LEGISLATIVE COUNSEL'S DIGESTAB 2909, as introduced, Santiago. Historical property contracts: qualified historical property: adaptive reuse.Existing law authorizes an owner of any qualified historical property to contract with the legislative body of a city, county, or city and county to restrict the use of the property, as specified, in exchange for lowered assessment values. Existing law defines qualified historical property as privately owned property that is not exempt from property taxation and is either listed in the National Register of Historic Places or located in a registered historic district, as defined, or listed in any state, city, county, or city and county official register of historical or architecturally significant sites, places, or landmarks.Existing law establishes the Infill Infrastructure Grant Program of 2019, which requires the Department of Housing and Community Development to establish and administer a grant program to fund capital improvement projects pursuant to specified requirements. Existing law provides that capital improvement projects that may be funded under the grant program include, among other things, those related to adapted reuse, which means, when referring to building structures, retrofitting and repurposing of existing buildings that create new residential rental units, as specified.This bill, starting January 1, 2026, and until January 1, 2036, would additionally define as qualified historical property a privately owned property that is not exempt from property taxation that was constructed at least 30 years prior to the year a legislative body and property owner enter into a contract to restrict the use of the property, as specified, and that is located on a site that satisfies certain criteria, including, among others, being in a zone where office, retail, or parking are a principally permitted use. The bill would require a contract entered into to restrict the use of that qualified historical property to require adaptive reuse of the qualified historical property. The bill would also update an obsolete cross-reference.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: NO 





 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION

 Assembly Bill 

No. 2909

Introduced by Assembly Member SantiagoFebruary 15, 2024

Introduced by Assembly Member Santiago
February 15, 2024

 An act to amend, repeal, and add Section 50280.1 of, and to add and repeal Section 50280.2 of, the Government Code, relating to local government.

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

AB 2909, as introduced, Santiago. Historical property contracts: qualified historical property: adaptive reuse.

Existing law authorizes an owner of any qualified historical property to contract with the legislative body of a city, county, or city and county to restrict the use of the property, as specified, in exchange for lowered assessment values. Existing law defines qualified historical property as privately owned property that is not exempt from property taxation and is either listed in the National Register of Historic Places or located in a registered historic district, as defined, or listed in any state, city, county, or city and county official register of historical or architecturally significant sites, places, or landmarks.Existing law establishes the Infill Infrastructure Grant Program of 2019, which requires the Department of Housing and Community Development to establish and administer a grant program to fund capital improvement projects pursuant to specified requirements. Existing law provides that capital improvement projects that may be funded under the grant program include, among other things, those related to adapted reuse, which means, when referring to building structures, retrofitting and repurposing of existing buildings that create new residential rental units, as specified.This bill, starting January 1, 2026, and until January 1, 2036, would additionally define as qualified historical property a privately owned property that is not exempt from property taxation that was constructed at least 30 years prior to the year a legislative body and property owner enter into a contract to restrict the use of the property, as specified, and that is located on a site that satisfies certain criteria, including, among others, being in a zone where office, retail, or parking are a principally permitted use. The bill would require a contract entered into to restrict the use of that qualified historical property to require adaptive reuse of the qualified historical property. The bill would also update an obsolete cross-reference.

Existing law authorizes an owner of any qualified historical property to contract with the legislative body of a city, county, or city and county to restrict the use of the property, as specified, in exchange for lowered assessment values. Existing law defines qualified historical property as privately owned property that is not exempt from property taxation and is either listed in the National Register of Historic Places or located in a registered historic district, as defined, or listed in any state, city, county, or city and county official register of historical or architecturally significant sites, places, or landmarks.

Existing law establishes the Infill Infrastructure Grant Program of 2019, which requires the Department of Housing and Community Development to establish and administer a grant program to fund capital improvement projects pursuant to specified requirements. Existing law provides that capital improvement projects that may be funded under the grant program include, among other things, those related to adapted reuse, which means, when referring to building structures, retrofitting and repurposing of existing buildings that create new residential rental units, as specified.

This bill, starting January 1, 2026, and until January 1, 2036, would additionally define as qualified historical property a privately owned property that is not exempt from property taxation that was constructed at least 30 years prior to the year a legislative body and property owner enter into a contract to restrict the use of the property, as specified, and that is located on a site that satisfies certain criteria, including, among others, being in a zone where office, retail, or parking are a principally permitted use. The bill would require a contract entered into to restrict the use of that qualified historical property to require adaptive reuse of the qualified historical property. The bill would also update an obsolete cross-reference.

## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. Section 50280.1 of the Government Code is amended to read:50280.1. Qualified historical property for purposes of this article, means privately owned property which that is not exempt from property taxation and which that meets either any of the following:(a) Listed in the National Register of Historic Places or located in a registered historic district, as defined in Section 1.191-2(b) 1.48-12 of Title 26 of the Code of Federal Regulations.(b) Listed in any state, city, county, or city and county official register of historical or architecturally significant sites, places, or landmarks.(c) For contracts entered into under this article on or after January 1, 2026, constructed at least 30 years prior to the year a legislative body and property owner enter into a contract for the property pursuant to this article and located on a site that satisfies all of the criteria in Section 65912.111.This section shall remain in effect only until January 1, 2036, and as of that date is repealed.SEC. 2. Section 50280.1 is added to the Government Code, to read:50280.1. Qualified historical property for purposes of this article, means privately owned property that is not exempt from property taxation and that meets either of the following:(a) Listed in the National Register of Historic Places or located in a registered historic district, as defined in Section 1.48-12 of Title 26 of the Code of Federal Regulations.(b) Listed in any state, city, county, or city and county official register of historical or architecturally significant sites, places, or landmarks.This section shall become operative on January 1, 2036.SEC. 3. Section 50280.2 is added to the Government Code, to read:50280.2. (a) A contract entered into under this article to restrict the use of qualified historical property described in subdivision (c) of Section 50280.1 shall require adaptive reuse, as defined in Section 53559.1 of the Health and Safety Code, of the qualified historical property. (b) This section shall become operative on January 1, 2026, and shall remain in effect only until January 1, 2036, and as of that date is repealed.

The people of the State of California do enact as follows:

## The people of the State of California do enact as follows:

SECTION 1. Section 50280.1 of the Government Code is amended to read:50280.1. Qualified historical property for purposes of this article, means privately owned property which that is not exempt from property taxation and which that meets either any of the following:(a) Listed in the National Register of Historic Places or located in a registered historic district, as defined in Section 1.191-2(b) 1.48-12 of Title 26 of the Code of Federal Regulations.(b) Listed in any state, city, county, or city and county official register of historical or architecturally significant sites, places, or landmarks.(c) For contracts entered into under this article on or after January 1, 2026, constructed at least 30 years prior to the year a legislative body and property owner enter into a contract for the property pursuant to this article and located on a site that satisfies all of the criteria in Section 65912.111.This section shall remain in effect only until January 1, 2036, and as of that date is repealed.

SECTION 1. Section 50280.1 of the Government Code is amended to read:

### SECTION 1.

50280.1. Qualified historical property for purposes of this article, means privately owned property which that is not exempt from property taxation and which that meets either any of the following:(a) Listed in the National Register of Historic Places or located in a registered historic district, as defined in Section 1.191-2(b) 1.48-12 of Title 26 of the Code of Federal Regulations.(b) Listed in any state, city, county, or city and county official register of historical or architecturally significant sites, places, or landmarks.(c) For contracts entered into under this article on or after January 1, 2026, constructed at least 30 years prior to the year a legislative body and property owner enter into a contract for the property pursuant to this article and located on a site that satisfies all of the criteria in Section 65912.111.This section shall remain in effect only until January 1, 2036, and as of that date is repealed.

50280.1. Qualified historical property for purposes of this article, means privately owned property which that is not exempt from property taxation and which that meets either any of the following:(a) Listed in the National Register of Historic Places or located in a registered historic district, as defined in Section 1.191-2(b) 1.48-12 of Title 26 of the Code of Federal Regulations.(b) Listed in any state, city, county, or city and county official register of historical or architecturally significant sites, places, or landmarks.(c) For contracts entered into under this article on or after January 1, 2026, constructed at least 30 years prior to the year a legislative body and property owner enter into a contract for the property pursuant to this article and located on a site that satisfies all of the criteria in Section 65912.111.This section shall remain in effect only until January 1, 2036, and as of that date is repealed.

50280.1. Qualified historical property for purposes of this article, means privately owned property which that is not exempt from property taxation and which that meets either any of the following:(a) Listed in the National Register of Historic Places or located in a registered historic district, as defined in Section 1.191-2(b) 1.48-12 of Title 26 of the Code of Federal Regulations.(b) Listed in any state, city, county, or city and county official register of historical or architecturally significant sites, places, or landmarks.(c) For contracts entered into under this article on or after January 1, 2026, constructed at least 30 years prior to the year a legislative body and property owner enter into a contract for the property pursuant to this article and located on a site that satisfies all of the criteria in Section 65912.111.This section shall remain in effect only until January 1, 2036, and as of that date is repealed.



50280.1. Qualified historical property for purposes of this article, means privately owned property which that is not exempt from property taxation and which that meets either any of the following:

(a) Listed in the National Register of Historic Places or located in a registered historic district, as defined in Section 1.191-2(b) 1.48-12 of Title 26 of the Code of Federal Regulations.

(b) Listed in any state, city, county, or city and county official register of historical or architecturally significant sites, places, or landmarks.

(c) For contracts entered into under this article on or after January 1, 2026, constructed at least 30 years prior to the year a legislative body and property owner enter into a contract for the property pursuant to this article and located on a site that satisfies all of the criteria in Section 65912.111.

This section shall remain in effect only until January 1, 2036, and as of that date is repealed.

SEC. 2. Section 50280.1 is added to the Government Code, to read:50280.1. Qualified historical property for purposes of this article, means privately owned property that is not exempt from property taxation and that meets either of the following:(a) Listed in the National Register of Historic Places or located in a registered historic district, as defined in Section 1.48-12 of Title 26 of the Code of Federal Regulations.(b) Listed in any state, city, county, or city and county official register of historical or architecturally significant sites, places, or landmarks.This section shall become operative on January 1, 2036.

SEC. 2. Section 50280.1 is added to the Government Code, to read:

### SEC. 2.

50280.1. Qualified historical property for purposes of this article, means privately owned property that is not exempt from property taxation and that meets either of the following:(a) Listed in the National Register of Historic Places or located in a registered historic district, as defined in Section 1.48-12 of Title 26 of the Code of Federal Regulations.(b) Listed in any state, city, county, or city and county official register of historical or architecturally significant sites, places, or landmarks.This section shall become operative on January 1, 2036.

50280.1. Qualified historical property for purposes of this article, means privately owned property that is not exempt from property taxation and that meets either of the following:(a) Listed in the National Register of Historic Places or located in a registered historic district, as defined in Section 1.48-12 of Title 26 of the Code of Federal Regulations.(b) Listed in any state, city, county, or city and county official register of historical or architecturally significant sites, places, or landmarks.This section shall become operative on January 1, 2036.

50280.1. Qualified historical property for purposes of this article, means privately owned property that is not exempt from property taxation and that meets either of the following:(a) Listed in the National Register of Historic Places or located in a registered historic district, as defined in Section 1.48-12 of Title 26 of the Code of Federal Regulations.(b) Listed in any state, city, county, or city and county official register of historical or architecturally significant sites, places, or landmarks.This section shall become operative on January 1, 2036.



50280.1. Qualified historical property for purposes of this article, means privately owned property that is not exempt from property taxation and that meets either of the following:

(a) Listed in the National Register of Historic Places or located in a registered historic district, as defined in Section 1.48-12 of Title 26 of the Code of Federal Regulations.

(b) Listed in any state, city, county, or city and county official register of historical or architecturally significant sites, places, or landmarks.

This section shall become operative on January 1, 2036.

SEC. 3. Section 50280.2 is added to the Government Code, to read:50280.2. (a) A contract entered into under this article to restrict the use of qualified historical property described in subdivision (c) of Section 50280.1 shall require adaptive reuse, as defined in Section 53559.1 of the Health and Safety Code, of the qualified historical property. (b) This section shall become operative on January 1, 2026, and shall remain in effect only until January 1, 2036, and as of that date is repealed.

SEC. 3. Section 50280.2 is added to the Government Code, to read:

### SEC. 3.

50280.2. (a) A contract entered into under this article to restrict the use of qualified historical property described in subdivision (c) of Section 50280.1 shall require adaptive reuse, as defined in Section 53559.1 of the Health and Safety Code, of the qualified historical property. (b) This section shall become operative on January 1, 2026, and shall remain in effect only until January 1, 2036, and as of that date is repealed.

50280.2. (a) A contract entered into under this article to restrict the use of qualified historical property described in subdivision (c) of Section 50280.1 shall require adaptive reuse, as defined in Section 53559.1 of the Health and Safety Code, of the qualified historical property. (b) This section shall become operative on January 1, 2026, and shall remain in effect only until January 1, 2036, and as of that date is repealed.

50280.2. (a) A contract entered into under this article to restrict the use of qualified historical property described in subdivision (c) of Section 50280.1 shall require adaptive reuse, as defined in Section 53559.1 of the Health and Safety Code, of the qualified historical property. (b) This section shall become operative on January 1, 2026, and shall remain in effect only until January 1, 2036, and as of that date is repealed.



50280.2. (a) A contract entered into under this article to restrict the use of qualified historical property described in subdivision (c) of Section 50280.1 shall require adaptive reuse, as defined in Section 53559.1 of the Health and Safety Code, of the qualified historical property. 

(b) This section shall become operative on January 1, 2026, and shall remain in effect only until January 1, 2036, and as of that date is repealed.