Government Code — Part 67 | GOV — United States — California law | Esheria

Government Code

Part 67 of 107 · provisions 13,201–13,400

This act is named the Government Code.

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About this statute

This section defines key terms used in the CalSavers retirement savings title. This section creates the CalSavers Retirement Savings Board and sets rules for how the board, program administrator, and staff must operate. This section creates the CalSavers Retirement Savings Trust, assigns the board to administer it, requires the board to split trust money into a program fund and an administrative fund, and gives the Treasurer and the board investment-related powers. It also caps administrative fund spending at 1% of the total program fund after six years from implementation and exempts certain securities from specified Corporations Code sections. The CalSavers Retirement Savings Program must include one or more payroll deduction IRA arrangements, as determined by the board. The board has broad authority over the trust, including contracts, investments, staff, insurance, cooperation, and rulemaking.

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Provisions of Government Code

Showing 200 of 21,333

  1. 53931.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Financial Affairs [53600 - 53997] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 13. Priority of Special Assessment Liens [53930 - 53937] ( Article 13 added by Stats. 1963, Ch. 1465. )

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    Special assessments apportioned among parcels become liens on the respective parcels for the amounts assigned to them.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Financial Affairs [53600 - 53997] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 13. Priority of Special Assessment Liens [53930 - 53937] ( Article 13 added by Stats. 1963, Ch. 1465. ) ## 53931. All special assessments in which the amount thereof is apportioned among the several parcels of land assessed shall constitute a lien in said respective amounts upon the several parcels assessed, which lien shall continue for the period of time provided in the Civil Code for enforcing same. (Added by Stats. 1963, Ch. 1465.)
  2. 53932.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Financial Affairs [53600 - 53997] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 13. Priority of Special Assessment Liens [53930 - 53937] ( Article 13 added by Stats. 1963, Ch. 1465. )

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    After the assessment is filed or recorded at the time required by the applicable law, it gives notice to all persons.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Financial Affairs [53600 - 53997] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 13. Priority of Special Assessment Liens [53930 - 53937] ( Article 13 added by Stats. 1963, Ch. 1465. ) ## 53932. From and after the time for filing or recording the assessment, as provided in the law pursuant to which it is levied, it shall impart notice to all persons. (Added by Stats. 1963, Ch. 1465.)
  3. 53933.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Financial Affairs [53600 - 53997] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 13. Priority of Special Assessment Liens [53930 - 53937] ( Article 13 added by Stats. 1963, Ch. 1465. )

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    A special assessment lien is junior to earlier fixed special assessment liens on the same property, but senior to later-created fixed special assessment liens.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Financial Affairs [53600 - 53997] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 13. Priority of Special Assessment Liens [53930 - 53937] ( Article 13 added by Stats. 1963, Ch. 1465. ) ## 53933. The lien of the special assessment, whether or not bonds have been or are to be issued to represent the unpaid assessments, shall be subordinate to all fixed special assessment liens previously imposed upon the same property, but shall have priority over all fixed special assessment liens which may thereafter be created against the property. (Added by Stats. 1963, Ch. 1465.)
  4. 53934.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Financial Affairs [53600 - 53997] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 13. Priority of Special Assessment Liens [53930 - 53937] ( Article 13 added by Stats. 1963, Ch. 1465. )

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    A reassessment or refunding assessment lien has the same status as the original assessment it relates to, and a supplemental assessment counts as a new assessment.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Financial Affairs [53600 - 53997] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 13. Priority of Special Assessment Liens [53930 - 53937] ( Article 13 added by Stats. 1963, Ch. 1465. ) ## 53934. The lien of a reassessment or a refunding assessment shall be the same as the original assessment to which it relates. A supplemental assessment is a new assessment. (Added by Stats. 1963, Ch. 1465.)
  5. 53935.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Financial Affairs [53600 - 53997] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 13. Priority of Special Assessment Liens [53930 - 53937] ( Article 13 added by Stats. 1963, Ch. 1465. )

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    Special assessment liens are treated as equal to and independent from general tax liens, and are generally not wiped out by a tax-sale of the property, subject to listed exceptions.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Financial Affairs [53600 - 53997] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 13. Priority of Special Assessment Liens [53930 - 53937] ( Article 13 added by Stats. 1963, Ch. 1465. ) ## 53935. The lien of said assessments shall be coequal to and independent of the lien for general taxes, and, except as provided in Section 53936, not subject to extinguishment by the sale of the property on account of the nonpayment of any taxes, and prior and superior to all liens, claims and encumbrances except (a) the lien for general taxes or ad valorem assessments in the nature of and collected as taxes levied by the state or any county, city, special district or other local agency; (b) the lien of any special assessment or assessments the lien date of which is prior in time to the lien date of the assessment for which the deed is issued; (c) easements constituting servitudes upon or burdens to said lands; (d) water rights, the record title to which is held separately from the title to said lands; (e) restrictions of record. (Amended by Stats. 1968, Ch. 679.)
  6. 53936.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Financial Affairs [53600 - 53997] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 13. Priority of Special Assessment Liens [53930 - 53937] ( Article 13 added by Stats. 1963, Ch. 1465. )

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    If certain special assessment installments are collected together with general taxes in the same way and on the same schedule, the property may be sold for both amounts or for the assessment installment alone, and the sale ends that installment.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Financial Affairs [53600 - 53997] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 13. Priority of Special Assessment Liens [53930 - 53937] ( Article 13 added by Stats. 1963, Ch. 1465. ) ## 53936. When, pursuant to any law, the installments of any fixed lien special assessment are collected on the roll on which the general taxes of the local agency which levied said assessment are collected, and are collected in the same manner, at the same time, in the same installments, and become payable at the same times, in the same proportionate amounts, bear the same penalties and interest after delinquency, and are subject to the same provisions for redemption or sale, as do general taxes of the local agency, the property affected may be sold for both taxes and the installment of principal and interest of the assessment collected therewith, or for said assessment installment, and the sale thereof shall extinguish said installment. (Added by Stats. 1963, Ch. 1465.)
  7. 53937.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Financial Affairs [53600 - 53997] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 13. Priority of Special Assessment Liens [53930 - 53937] ( Article 13 added by Stats. 1963, Ch. 1465. )

    Verify source ↗

    Special ad valorem assessments have the same priority as taxes, and Section 53936 applies to their installments.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Financial Affairs [53600 - 53997] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 13. Priority of Special Assessment Liens [53930 - 53937] ( Article 13 added by Stats. 1963, Ch. 1465. ) ## 53937. All special ad valorem assessments shall have the same priority as taxes, and Section 53936 shall apply to the installments thereof. (Added by Stats. 1963, Ch. 1465.)
  8. 53938.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Financial Affairs [53600 - 53997] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 13.5. Payment and Apportionment of Special Assessment Liens [53938 - 53939] ( Article 13.5 added by Stats. 1980, Ch. 122. )

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    This section defines “transaction” for this article as a negotiated purchase and sale, gift, or devise.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Financial Affairs [53600 - 53997] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 13.5. Payment and Apportionment of Special Assessment Liens [53938 - 53939] ( Article 13.5 added by Stats. 1980, Ch. 122. ) ## 53938. As used in this article, “transaction” means negotiated purchase and sale, gift, or devise. (Added by Stats. 1980, Ch. 122.)
  9. 53938.5.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Financial Affairs [53600 - 53997] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 13.5. Payment and Apportionment of Special Assessment Liens [53938 - 53939] ( Article 13.5 added by Stats. 1980, Ch. 122. )

    Verify source ↗

    If a public entity acquires property that has a special assessment lien, the lien generally stays on the property and can be enforced against the public entity, unless it is paid from escrow or otherwise apportioned under the applicable procedure. If the property is acquired by eminent domain, the lien must be paid as provided in the referenced Civil Procedure Code section.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Financial Affairs [53600 - 53997] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 13.5. Payment and Apportionment of Special Assessment Liens [53938 - 53939] ( Article 13.5 added by Stats. 1980, Ch. 122. ) ## 53938.5. (a) If property acquired by a public entity in a transaction is encumbered by a lien that secures a special assessment or a bond representing the special assessment, except to the extent the lien is paid out of escrow or otherwise or is apportioned pursuant to the applicable statutory procedure, the lien continues to encumber the property acquired and is enforceable against the public entity that acquired the property. (b) If property acquired by a public entity by eminent domain is encumbered by a lien that secures a special assessment or a bond representing the special assessment, the lien shall be paid in the manner and to the extent provided in Section 1265.250 of the Code of Civil Procedure. (Added by Stats. 1980, Ch. 122.)
  10. 53939.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Financial Affairs [53600 - 53997] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 13.5. Payment and Apportionment of Special Assessment Liens [53938 - 53939] ( Article 13.5 added by Stats. 1980, Ch. 122. )

    Verify source ↗

    A party to a transaction may ask the superior court to segregate and apportion a lien if the property is part of a larger parcel with a special-assessment lien and no other statutory procedure applies.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Financial Affairs [53600 - 53997] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 13.5. Payment and Apportionment of Special Assessment Liens [53938 - 53939] ( Article 13.5 added by Stats. 1980, Ch. 122. ) ## 53939. If property acquired in a transaction is part of a larger parcel encumbered by a lien that secures a special assessment or a bond representing the special assessment and there is no applicable statutory procedure for segregation and apportionment of the lien, any party to the transaction may, within one year after completion of the transaction, apply to the superior court of the county in which the property or a portion thereof is located to, and the court may segregate and apportion the lien among the parties to the transaction. (Added by Stats. 1980, Ch. 122.)
  11. 53950.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Financial Affairs [53600 - 53997] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 15. District Revolving Funds [53950 - 53961] ( Article 15 added by Stats. 1976, Ch. 333. )

    Verify source ↗

    This section defines “special district” for this article.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Financial Affairs [53600 - 53997] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 15. District Revolving Funds [53950 - 53961] ( Article 15 added by Stats. 1976, Ch. 333. ) ## 53950. As used in this article, “special district” shall mean an agency of the state, formed pursuant to general law or special act, for the local performance of governmental or proprietary functions within limited boundaries which utilizes the county treasury as a depository for its funds. (Amended by Stats. 1977, Ch. 579.)
  12. 53951.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Financial Affairs [53600 - 53997] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 15. District Revolving Funds [53950 - 53961] ( Article 15 added by Stats. 1976, Ch. 333. )

    Verify source ↗

    In this article, “special district” does not include cities, counties, school districts, special assessment districts, or public agencies that can create and use a revolving or petty cash fund under other specific statutory authority.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Financial Affairs [53600 - 53997] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 15. District Revolving Funds [53950 - 53961] ( Article 15 added by Stats. 1976, Ch. 333. ) ## 53951. As used in this article, “special district” shall not include any city, county, school district or special assessment district or any public agency which may create and utilize a revolving or petty cash fund pursuant to any other specific statutory authority. (Added by Stats. 1976, Ch. 333.)
  13. 53952.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Financial Affairs [53600 - 53997] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 15. District Revolving Funds [53950 - 53961] ( Article 15 added by Stats. 1976, Ch. 333. )

    Verify source ↗

    A special district board may create a revolving fund by resolution, subject to dollar limits and required resolution details.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Financial Affairs [53600 - 53997] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 15. District Revolving Funds [53950 - 53961] ( Article 15 added by Stats. 1976, Ch. 333. ) ## 53952. (a) The governing board of a special district may, by resolution, provide for the establishment of a revolving fund in an amount not to exceed one thousand dollars ($1,000) to be used to make change and pay small bills directly. The resolution which establishes the district revolving fund shall designate all of the following: (1) The purposes for which the fund may be expended. (2) The officer of the district who shall have authority to make disbursements from the fund and be responsible for keeping account of all receipts and disbursements from the fund. (3) The necessity for the fund. (4) The maximum amount of the fund. (b) In addition to the authority granted by subdivision (a), an independent special district, as defined in Section 56044, may by resolution provide for the establishment of a revolving fund in an amount not to exceed 110 percent of one-twelfth of the district’s adopted budget for that fiscal year. The fund may be used to pay any authorized expenditures of the independent special district. The resolution that established the district revolving fund shall conform with the designations required by subdivision (a). (Amended by Stats. 2011, Ch. 66, Sec. 1. (SB 288) Effective January 1, 2012.)
  14. 53953.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Financial Affairs [53600 - 53997] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 15. District Revolving Funds [53950 - 53961] ( Article 15 added by Stats. 1976, Ch. 333. )

    Verify source ↗

    Certified copies of the resolution establishing a revolving fund must be transmitted to the county auditor and county treasurer.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Financial Affairs [53600 - 53997] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 15. District Revolving Funds [53950 - 53961] ( Article 15 added by Stats. 1976, Ch. 333. ) ## 53953. Certified copies of the resolution establishing the revolving fund shall be transmitted to the county auditor and county treasurer. (Added by Stats. 1976, Ch. 333.)
  15. 53954.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Financial Affairs [53600 - 53997] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 15. District Revolving Funds [53950 - 53961] ( Article 15 added by Stats. 1976, Ch. 333. )

    Verify source ↗

    Before money is moved into a special district revolving fund, the responsible officer must file a bond with the district’s governing body and auditor. An alternative bond arrangement may be used in place of the listed bond.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Financial Affairs [53600 - 53997] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 15. District Revolving Funds [53950 - 53961] ( Article 15 added by Stats. 1976, Ch. 333. ) ## 53954. (a) Before any money is withdrawn from the county treasury to be placed in the revolving fund of a special district, the officer for whose use the fund is created shall file with the governing body of the district and the auditor a bond executed by himself as principal and by an admitted surety insurer, in an amount equal to that of the revolving fund. The bond shall be conditioned upon the faithful administration of the fund and upon the willingness and ability of the principal to account for and pay over the fund upon demand of the governing board of the district at any time. (b) In lieu of the bond provided for in subdivision (a) of this section, any officer of the district required by statute to furnish an official bond, and any district which purchases and maintains a blanket bond on all or certain of its employees in accordance with Section 1481, may cause such a bond or bonds to be issued or amended by endorsement to be conditioned, in addition to its other provisions, upon the faithful administration of the revolving fund and upon the willingness and ability of the principal or principals, for whose use such a fund or funds have been established, to account for and pay over the fund or funds upon demand of the governing board of the district at any time. (Amended by Stats. 1996, Ch. 872, Sec. 61. Effective January 1, 1997.)
  16. 53955.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Financial Affairs [53600 - 53997] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 15. District Revolving Funds [53950 - 53961] ( Article 15 added by Stats. 1976, Ch. 333. )

    Verify source ↗

    After the certified resolution and required bond are filed, the county auditor must issue the warrant and the county treasurer must pay it.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Financial Affairs [53600 - 53997] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 15. District Revolving Funds [53950 - 53961] ( Article 15 added by Stats. 1976, Ch. 333. ) ## 53955. Upon the receipt of the certified copy of the resolution establishing the revolving fund and the filing of the required bond, the county auditor shall draw his warrant in favor of the officer for whose benefit the revolving fund is created and the county treasurer shall pay the warrant. (Added by Stats. 1976, Ch. 333.)
  17. 53956.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Financial Affairs [53600 - 53997] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 15. District Revolving Funds [53950 - 53961] ( Article 15 added by Stats. 1976, Ch. 333. )

    Verify source ↗

    An officer entrusted with a revolving fund may not spend any part of it except for services or materials that are a legal charge against the district.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Financial Affairs [53600 - 53997] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 15. District Revolving Funds [53950 - 53961] ( Article 15 added by Stats. 1976, Ch. 333. ) ## 53956. The officer designated in the resolution establishing the revolving fund as being entrusted with the fund shall not be authorized to expend any portion of the revolving fund except for services or material which are a legal charge against the district. (Added by Stats. 1976, Ch. 333.)
  18. 53957.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Financial Affairs [53600 - 53997] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 15. District Revolving Funds [53950 - 53961] ( Article 15 added by Stats. 1976, Ch. 333. )

    Verify source ↗

    Expenditures over $1 may not be made unless a receipt is obtained.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Financial Affairs [53600 - 53997] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 15. District Revolving Funds [53950 - 53961] ( Article 15 added by Stats. 1976, Ch. 333. ) ## 53957. Any expenditure in excess of one dollar ($1) shall not be made unless a receipt is obtained, setting forth the date, purpose of expenditure and amount expended. (Added by Stats. 1976, Ch. 333.)
  19. 53958.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Financial Affairs [53600 - 53997] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 15. District Revolving Funds [53950 - 53961] ( Article 15 added by Stats. 1976, Ch. 333. )

    Verify source ↗

    Reimbursement demands for a revolving fund must be made to the county auditor in the same way as other demands. No other money may be deposited into the fund, and each reimbursement demand must include an itemized account of all disbursements.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Financial Affairs [53600 - 53997] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 15. District Revolving Funds [53950 - 53961] ( Article 15 added by Stats. 1976, Ch. 333. ) ## 53958. Demands shall be made upon the county auditor for reimbursement of the revolving fund in the same manner that other demands are made. No other moneys shall be deposited into the revolving fund. Each demand for reimbursement of the fund shall contain an itemized account of all disbursements. (Added by Stats. 1976, Ch. 333.)
  20. 53959.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Financial Affairs [53600 - 53997] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 15. District Revolving Funds [53950 - 53961] ( Article 15 added by Stats. 1976, Ch. 333. )

    Verify source ↗

    The officer responsible for the fund must provide an account of the fund when the county auditor or the district’s governing board demands it.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Financial Affairs [53600 - 53997] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 15. District Revolving Funds [53950 - 53961] ( Article 15 added by Stats. 1976, Ch. 333. ) ## 53959. Upon demand of the county auditor or the governing board of the district, the officer entrusted with the fund shall give an account of the fund. (Added by Stats. 1976, Ch. 333.)
  21. 53960.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Financial Affairs [53600 - 53997] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 15. District Revolving Funds [53950 - 53961] ( Article 15 added by Stats. 1976, Ch. 333. )

    Verify source ↗

    The governing board may change or end a revolving fund, and the officer handling the fund must immediately return money or remaining receipts to the county treasurer when the fund is reduced or discontinued.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Financial Affairs [53600 - 53997] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 15. District Revolving Funds [53950 - 53961] ( Article 15 added by Stats. 1976, Ch. 333. ) ## 53960. The governing board may at any time increase, reduce or discontinue any revolving fund established by its order. If the revolving fund is ordered reduced, the officer entrusted with the fund shall immediately return to the county treasurer the amount necessary to reduce the fund as ordered by the board. If the fund is discontinued, the officer shall immediately pay over the balance of the fund on hand as well as all outstanding receipts to the county treasurer. (Amended by Stats. 1977, Ch. 559.)
  22. 53961.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Financial Affairs [53600 - 53997] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 15. District Revolving Funds [53950 - 53961] ( Article 15 added by Stats. 1976, Ch. 333. )

    Verify source ↗

    A qualifying district board may create a revolving fund by resolution, subject to a size limit and required designation rules.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Financial Affairs [53600 - 53997] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 15. District Revolving Funds [53950 - 53961] ( Article 15 added by Stats. 1976, Ch. 333. ) ## 53961. The governing board of a mosquito abatement district or a vector control district organized pursuant to the Mosquito Abatement and Vector Control District Law, Chapter 1 (commencing with Section 2000) of Division 8 of the Health and Safety Code, may by resolution provide for the establishment of a revolving fund in an amount not to exceed 110 percent of one-twelfth of the district’s adopted budget for that fiscal year. This fund, which shall replace the fund authorized by subdivision (a) of Section 53952, may be used to pay any authorized expenditures of the district. The resolution that established the district revolving fund shall conform with the designations required by subdivision (a) of Section 53952. (Amended by Stats. 2011, Ch. 66, Sec. 2. (SB 288) Effective January 1, 2012.)
  23. 53970.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Financial Affairs [53600 - 53997] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 16. Police and Fire Protection Funds [53970 - 53979] ( Article 16 added by Stats. 1979, Ch. 397. )

    Verify source ↗

    This article defines “local agency” to include cities, counties, city and counties, districts, public authorities, and other political subdivisions in the state.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Financial Affairs [53600 - 53997] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 16. Police and Fire Protection Funds [53970 - 53979] ( Article 16 added by Stats. 1979, Ch. 397. ) ## 53970. As used in this article, “local agency” means any city, county, or city and county, or a district, public authority, or any other political subdivision in the state. (Amended by Stats. 1980, Ch. 88.)
  24. 53971.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Financial Affairs [53600 - 53997] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 16. Police and Fire Protection Funds [53970 - 53979] ( Article 16 added by Stats. 1979, Ch. 397. )

    Verify source ↗

    This section defines “legislative body” for this article.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Financial Affairs [53600 - 53997] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 16. Police and Fire Protection Funds [53970 - 53979] ( Article 16 added by Stats. 1979, Ch. 397. ) ## 53971. As used in this article, “legislative body” means the city council or board of trustees in the case of a city, the board of supervisors in the case of a county or a city and county, or the board of directors, trustees, or governors or other governing body in the case of a special district or any other municipal or public corporation or district. (Added by Stats. 1979, Ch. 397.)
  25. 53971.3.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Financial Affairs [53600 - 53997] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 16. Police and Fire Protection Funds [53970 - 53979] ( Article 16 added by Stats. 1979, Ch. 397. )

    Verify source ↗

    This section defines “police protection services” to include certain county criminal justice facilities and related facility costs.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Financial Affairs [53600 - 53997] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 16. Police and Fire Protection Funds [53970 - 53979] ( Article 16 added by Stats. 1979, Ch. 397. ) ## 53971.3. As used in this article, “police protection services” includes county criminal justice facilities, which shall be limited to, jails, detention facilities, and juvenile halls. The cost of providing police protection services includes the cost of constructing, reconstructing, expanding, or improving county criminal justice facilities, and any necessary debt service associated therewith. (Added by Stats. 1982, Ch. 673, Sec. 1. Effective August 28, 1982.)
  26. 53971.4.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Financial Affairs [53600 - 53997] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 16. Police and Fire Protection Funds [53970 - 53979] ( Article 16 added by Stats. 1979, Ch. 397. )

    Verify source ↗

    This section defines “fire protection services” and “emergency medical services,” and says the section applies only to San Bernardino County.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Financial Affairs [53600 - 53997] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 16. Police and Fire Protection Funds [53970 - 53979] ( Article 16 added by Stats. 1979, Ch. 397. ) ## 53971.4. (a) As used in this article, “fire protection services” includes, but is not limited to, emergency medical services where provided by a local agency directly or by contract. (b) “Emergency medical services” includes equipment, apparatus, and salaries and benefits for personnel as described in Article 5 (commencing with Section 1797.160) of Chapter 3 of Part 1 of Division 2.5 of the Health and Safety Code, the Emergency Medical Services System and the Prehospital Emergency Medical Care Personnel Act, where these services are provided by a local agency which also provides police or fire protection. This section applies only to San Bernardino County. (Added by Stats. 1987, Ch. 16, Sec. 1. Effective May 4, 1987.)
  27. 53971.5.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Financial Affairs [53600 - 53997] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 16. Police and Fire Protection Funds [53970 - 53979] ( Article 16 added by Stats. 1979, Ch. 397. )

    Verify source ↗

    In this article, “ordinance” also means “resolution” when a local agency may act only by resolution.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Financial Affairs [53600 - 53997] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 16. Police and Fire Protection Funds [53970 - 53979] ( Article 16 added by Stats. 1979, Ch. 397. ) ## 53971.5. As used in this article, “ordinance” includes “resolution” where the local agency is authorized to act only by resolution. (Added by Stats. 1979, Ch. 397.)
  28. 53972.5.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Financial Affairs [53600 - 53997] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 16. Police and Fire Protection Funds [53970 - 53979] ( Article 16 added by Stats. 1979, Ch. 397. )

    Verify source ↗

    A local agency creation proposal may be combined with a special tax proposal and put to voters as one ballot measure. If it is, the agency cannot be created and the tax cannot take effect unless two-thirds of voters approve it.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Financial Affairs [53600 - 53997] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 16. Police and Fire Protection Funds [53970 - 53979] ( Article 16 added by Stats. 1979, Ch. 397. ) ## 53972.5. A proposal for the creation of a local agency for the purpose of providing fire protection, prevention, or suppression services directly, by contract with another local agency, or pursuant to the Fire Protection District Law of 1987, Part 3 (commencing with Section 13800) of Division 12 of the Health and Safety Code, or police protection services, may be combined with a proposal for the adoption by the local agency of a special tax pursuant to Section 53978, and presented to the voters as a single ballot proposition. If both proposals are presented as a single ballot proposition, the proposed local agency shall not be created, and the special tax shall not take effect, unless the proposition is approved by two-thirds of the voters voting upon the proposition. (Amended by Stats. 1987, Ch. 1013, Sec. 1.)
  29. 53973.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Financial Affairs [53600 - 53997] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 16. Police and Fire Protection Funds [53970 - 53979] ( Article 16 added by Stats. 1979, Ch. 397. )

    Verify source ↗

    A qualifying local agency may continue levying a standby or availability charge assessment under its ordinance or resolution, and its proceedings are deemed compliant with Section 53978.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Financial Affairs [53600 - 53997] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 16. Police and Fire Protection Funds [53970 - 53979] ( Article 16 added by Stats. 1979, Ch. 397. ) ## 53973. The proceedings of any local agency which has, prior to the effective date of this section, adopted by ordinance or resolution, and received voter approval of, a standby or availability charge pursuant to statutes repealed by the act which enacted this section, shall be deemed to be in compliance with the provisions of Section 53978. The local agency may levy such assessment pursuant to the provisions of such ordinance or resolution for all fiscal years following the effective date of this section pursuant to Section 53978. (Repealed and added by Stats. 1982, Ch. 1396, Sec. 12.)
  30. 53978.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Financial Affairs [53600 - 53997] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 16. Police and Fire Protection Funds [53970 - 53979] ( Article 16 added by Stats. 1979, Ch. 397. )

    Verify source ↗

    Local agencies providing fire or police protection services may propose special taxes by ordinance, but the tax must go to voters and cannot be imposed on other government agencies.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Financial Affairs [53600 - 53997] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 16. Police and Fire Protection Funds [53970 - 53979] ( Article 16 added by Stats. 1979, Ch. 397. ) ## 53978. (a) Any local agency which provides fire protection or prevention services directly, by contract with another local agency, or which provides such services pursuant to Section 25643 of this code or the Fire Protection District Law of 1987, Part 3 (commencing with Section 13800) of Division 12 of the Health and Safety Code, or which provides police protection services, may, by ordinance, determine and propose for adoption a special tax for fire protection and prevention provided by the local agency, or a special tax for police protection services provided by the local agency, or both of such special taxes if both such services are provided by the local agency, other than ad valorem property taxes, pursuant to this section. The legislative body may establish zones or areas within the local agency and may restrict the levy of the special tax to those zones or areas. Such proposition shall be submitted to the voters of the affected area or zone, or of the district, and shall take effect upon approval of two-thirds of the voters voting upon such proposition. The local agency which fixes such a special tax shall not, however, impose such tax upon a federal or state governmental agency or another local agency. (b) The ordinance submitted to voter approval pursuant to subdivision (a), shall specify the amount of each of such special taxes. Each of such special taxes shall be levied on a parcel, class of improvement to property, or use of property basis, or a combination thereof, within the local agency to which fire protection services or police protection services are made available, for the purpose of obtaining, furnishing, operating, and maintaining fire suppression and police protection equipment or apparatus or either such service, respectively, for paying the salaries and benefits to firefighting and police protection personnel or either such personnel, respectively, and for such other necessary fire protection and prevention expenses and police protection expenses, respectively, or either such expenses of the local agency in such area, zone, or local agency to which fire protection and prevention services or police protection services, or both, are made available. An ordinance which sets a maximum amount of the tax to be levied on a parcel, class of improvement to property, or use of property basis, or a combination thereof, and which permits the local agency proposing the tax to determine the amount to be levied, annually, within the maximum amount, shall satisfy the requirements of this section. However, in no case shall the amount of the tax to be levied exceed the maximum amount established by the ordinance without the approval of the voters as prescribed in subdivision (a). (c) The amount of each such special tax established by the legislative body, and approved by the voters of the local agency, may be varied to each parcel, improvement, or use of property based on the degree of availability of fire protection and prevention services or police protection services, respectively, in the affected area, and may restrict such charges to areas lying within one or more zones or areas established in such local agency. (d) The legislative body may provide for the collection of the special taxes in the same manner and subject to the same penalty as, or with, other charges and taxes fixed and collected by the local agency, or by the county on behalf of the local agency. If such special taxes are collected by the county on behalf of the local agency, the county may deduct its reasonable costs incurred for such service before remittal of the balance to the local agency. (e) The revenues from each of such special taxes shall be used for the service for which it was imposed, and for no other purpose. (f) This section does not limit or prohibit the levy or collection or any other fee, charge, or tax, or any license or service fee or charge for fire prevention or protection services or police protection services as provided by other provisions of law. (Amended by Stats. 1987, Ch. 1013, Sec. 2.)
  31. 53979.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Financial Affairs [53600 - 53997] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 16. Police and Fire Protection Funds [53970 - 53979] ( Article 16 added by Stats. 1979, Ch. 397. )

    Verify source ↗

    Chapter 9 of the Code of Civil Procedure applies to certain court actions involving voter-approved special tax ordinances, and an appeal from the final judgment must be filed within 30 days.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Financial Affairs [53600 - 53997] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 16. Police and Fire Protection Funds [53970 - 53979] ( Article 16 added by Stats. 1979, Ch. 397. ) ## 53979. (a) Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure applies to any judicial action or proceeding to validate, attack, review, set aside, void, or annul an ordinance approved by the voters on or after January 1, 1986, that levies a special tax, or modifies or amends an existing ordinance that levies a special tax. (b) Any appeal from the final judgment in an action or proceeding brought pursuant to subdivision (a) shall be filed within 30 days after entry of the judgment. (Added by Stats. 1985, Ch. 985, Sec. 13.)
  32. 53980.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Financial Affairs [53600 - 53997] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 17. Community Facilities Plan [53980 - 53988] ( Article 17 added by Stats. 1983, Ch. 396, Sec. 1. )

    Verify source ↗

    This article is known as the “Local-State Financial Coordination Act.”

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Financial Affairs [53600 - 53997] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 17. Community Facilities Plan [53980 - 53988] ( Article 17 added by Stats. 1983, Ch. 396, Sec. 1. ) ## 53980. This article shall be known and may be cited as the “Local-State Financial Coordination Act.” (Added by Stats. 1983, Ch. 396, Sec. 1. Effective July 27, 1983.)
  33. 53981.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Financial Affairs [53600 - 53997] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 17. Community Facilities Plan [53980 - 53988] ( Article 17 added by Stats. 1983, Ch. 396, Sec. 1. )

    Verify source ↗

    The Legislature states that local agencies should pursue financing for required public facilities, within constitutional limits.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Financial Affairs [53600 - 53997] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 17. Community Facilities Plan [53980 - 53988] ( Article 17 added by Stats. 1983, Ch. 396, Sec. 1. ) ## 53981. It is the Legislature’s intent that local agencies pursue financing, within the limitations, prescribed by Articles XIII A and XIII B of the California Constitution, for required public facilities. In order to protect the health, safety, and welfare of the people of this state and to effectively plan for future development, it is essential that all public facilities be provided in accordance with the coordinated construction schedule to assure necessary public services to residential, commercial, and industrial developments. (Added by Stats. 1983, Ch. 396, Sec. 1. Effective July 27, 1983.)
  34. 53982.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Financial Affairs [53600 - 53997] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 17. Community Facilities Plan [53980 - 53988] ( Article 17 added by Stats. 1983, Ch. 396, Sec. 1. )

    Verify source ↗

    A validity challenge may be brought against a resolution, ordinance, agreement, or financing method authorized or undertaken under this article or Article 18.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Financial Affairs [53600 - 53997] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 17. Community Facilities Plan [53980 - 53988] ( Article 17 added by Stats. 1983, Ch. 396, Sec. 1. ) ## 53982. An action to determine the validity of any resolution, ordinance, agreement, or method of financing authorized or undertaken pursuant to this article or Article 18 (commencing with Section 53990) may be brought pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure. (Added by Stats. 1983, Ch. 396, Sec. 1. Effective July 27, 1983.)
  35. 53983.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Financial Affairs [53600 - 53997] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 17. Community Facilities Plan [53980 - 53988] ( Article 17 added by Stats. 1983, Ch. 396, Sec. 1. )

    Verify source ↗

    This section defines terms used in the article and Article 18, unless the context requires otherwise.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Financial Affairs [53600 - 53997] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 17. Community Facilities Plan [53980 - 53988] ( Article 17 added by Stats. 1983, Ch. 396, Sec. 1. ) ## 53983. Unless the provision or context otherwise requires, the definitions contained in this section shall govern the construction of this article and Article 18 (commencing with Section 53990). The definition of a word applies to any of its variants. As used in this article and Article 18 (commencing with Section 53990): (a) “Legislative body” means the elected or appointed governing body or authority of a local agency. (b) “Local agency” means a city, county, city and county, special district, school district, community college district, county superintendent of schools, or any other agency of the state formed for the local performance of governmental or proprietary functions within limited boundaries. (c) “Plan” means a plan which specifies the new public facilities to serve residential, commercial, and industrial developments within a defined area and the financing and construction schedule of new public facilities. (d) “State agency” means any office, department, commission, or agency of the State of California with authority to approve or recommend approval of the priority of allocation, or allocations, of state funds to local agencies or to approve or recommend approval of the priority or allocation of funds for state construction. (Added by Stats. 1983, Ch. 396, Sec. 1. Effective July 27, 1983.)
  36. 53984.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Financial Affairs [53600 - 53997] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 17. Community Facilities Plan [53980 - 53988] ( Article 17 added by Stats. 1983, Ch. 396, Sec. 1. )

    Verify source ↗

    Any local agency may adopt a community facilities plan.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Financial Affairs [53600 - 53997] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 17. Community Facilities Plan [53980 - 53988] ( Article 17 added by Stats. 1983, Ch. 396, Sec. 1. ) ## 53984. Any local agency may adopt a plan which shall include, but not be limited to, a component identifying public facilities needed for development within a defined area and a component describing the method of financing construction of such public facilities. (Added by Stats. 1983, Ch. 396, Sec. 1. Effective July 27, 1983.)
  37. 53985.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Financial Affairs [53600 - 53997] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 17. Community Facilities Plan [53980 - 53988] ( Article 17 added by Stats. 1983, Ch. 396, Sec. 1. )

    Verify source ↗

    This provision states the article’s intent to protect a plan’s financial integrity by ensuring state funds are allocated continuously and on time for construction of public facilities included in the adopted plan.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Financial Affairs [53600 - 53997] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 17. Community Facilities Plan [53980 - 53988] ( Article 17 added by Stats. 1983, Ch. 396, Sec. 1. ) ## 53985. It is the specific intent of this article and Article 18 (commencing with Section 53990) to protect the financial integrity of a plan by assuring continued and timely allocation of state funds to meet construction of public facilities which are the responsibility of the state and are included in the adopted plan. (Added by Stats. 1983, Ch. 396, Sec. 1. Effective July 27, 1983.)
  38. 53986.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Financial Affairs [53600 - 53997] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 17. Community Facilities Plan [53980 - 53988] ( Article 17 added by Stats. 1983, Ch. 396, Sec. 1. )

    Verify source ↗

    A local agency must give written notice of adopting the plan and send copies to state agencies that may be affected.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Financial Affairs [53600 - 53997] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 17. Community Facilities Plan [53980 - 53988] ( Article 17 added by Stats. 1983, Ch. 396, Sec. 1. ) ## 53986. The local agency shall give written notice of the adoption of the plan, and submit copies for delivery, to those state agencies which may be affected as determined by the State Clearinghouse in the Office of Planning and Research. (Added by Stats. 1983, Ch. 396, Sec. 1. Effective July 27, 1983.)
  39. 53987.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Financial Affairs [53600 - 53997] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 17. Community Facilities Plan [53980 - 53988] ( Article 17 added by Stats. 1983, Ch. 396, Sec. 1. )

    Verify source ↗

    A local agency and a state agency may make an agreement to coordinate how state funds are prioritized or allocated to the local agency for state construction projects.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Financial Affairs [53600 - 53997] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 17. Community Facilities Plan [53980 - 53988] ( Article 17 added by Stats. 1983, Ch. 396, Sec. 1. ) ## 53987. A local agency and a state agency may enter into an agreement to coordinate the priority or allocation of state funds to the local agency for state construction projects in order to implement the financial component of the plan. (Added by Stats. 1983, Ch. 396, Sec. 1. Effective July 27, 1983.)
  40. 53988.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Financial Affairs [53600 - 53997] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 17. Community Facilities Plan [53980 - 53988] ( Article 17 added by Stats. 1983, Ch. 396, Sec. 1. )

    Verify source ↗

    A state agency generally may not alter, defer, or deny priority or allocation of state funds or state construction in the situations covered by this section, unless a listed exception applies.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Financial Affairs [53600 - 53997] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 17. Community Facilities Plan [53980 - 53988] ( Article 17 added by Stats. 1983, Ch. 396, Sec. 1. ) ## 53988. On and after the date that an agreement is executed pursuant to Section 53987, or if a local agency adopts a plan which is consistent with a priority list adopted by a state agency, or if a state agency adopts a priority list consistent with a plan adopted by a local agency, no state agency shall alter, defer, or deny priority or allocation of state funds or alter, defer, or deny priority or allocation of state construction, except where necessary for reasons beyond the control of either agency, including, but not limited to, environmental complications, a change in the scope of the project, or insufficient funds. The provisions of this section shall not apply to the Clean Water Grant Program, which the federal Environmental Protection Agency has delegated to the State Water Resources Control Board to administer pursuant to the Porter-Cologne Water Quality Control Act and the Federal Clean Water Act, or to public facilities which are not owned by a local agency or a state agency. (Added by Stats. 1983, Ch. 396, Sec. 1. Effective July 27, 1983.)
  41. 53990.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Financial Affairs [53600 - 53997] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 18. Local Tax Allocation Agreements to Implement Community Facilities Plan [53990 - 53992] ( Article 18 added by Stats. 1983, Ch. 396, Sec. 2. )

    Verify source ↗

    A local agency may make an agreement with another local agency to allocate ad valorem taxes to help implement the plan’s financial component.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Financial Affairs [53600 - 53997] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 18. Local Tax Allocation Agreements to Implement Community Facilities Plan [53990 - 53992] ( Article 18 added by Stats. 1983, Ch. 396, Sec. 2. ) ## 53990. A local agency may enter into an agreement with any other local agency for the allocation of ad valorem taxes for the purpose of implementing the financial component of the plan. Any such agreement shall be consistent with legislation implementing Article XIII A and Article XIII B of the California Constitution. (Added by Stats. 1983, Ch. 396, Sec. 2. Effective July 27, 1983.)
  42. 53991.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Financial Affairs [53600 - 53997] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 18. Local Tax Allocation Agreements to Implement Community Facilities Plan [53990 - 53992] ( Article 18 added by Stats. 1983, Ch. 396, Sec. 2. )

    Verify source ↗

    A state agency may not use a tax allocation agreement to alter, defer, or deny the priority or allocation of state funds for a local agency or state construction project.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Financial Affairs [53600 - 53997] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 18. Local Tax Allocation Agreements to Implement Community Facilities Plan [53990 - 53992] ( Article 18 added by Stats. 1983, Ch. 396, Sec. 2. ) ## 53991. No state agency shall, on or after the date that a tax allocation agreement is entered into pursuant to Section 53990 alter, defer, or deny priority or allocation of state funds to a local agency or for state construction projects by virtue of such tax allocation agreement. (Added by Stats. 1983, Ch. 396, Sec. 2. Effective July 27, 1983.)
  43. 53992.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Financial Affairs [53600 - 53997] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 18. Local Tax Allocation Agreements to Implement Community Facilities Plan [53990 - 53992] ( Article 18 added by Stats. 1983, Ch. 396, Sec. 2. )

    Verify source ↗

    A local agency and a state agency may make an agreement to coordinate state funding priority or allocation for local agency or state construction projects.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Financial Affairs [53600 - 53997] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 18. Local Tax Allocation Agreements to Implement Community Facilities Plan [53990 - 53992] ( Article 18 added by Stats. 1983, Ch. 396, Sec. 2. ) ## 53992. A local agency and state agency may enter into an agreement to coordinate the priority or allocation of state funds to the local agency or state construction projects in order to implement the financial component of the plan. (Added by Stats. 1983, Ch. 396, Sec. 2. Effective July 27, 1983.)
  44. 53993.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Financial Affairs [53600 - 53997] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 18.5. Division of Property Taxes [53993- 53993.] ( Article 18.5 added by Stats. 2016, Ch. 49, Sec. 5. )

    Verify source ↗

    Money from certain voter-approved property tax rates generally may not be divided under laws that divide tax revenues, except as provided in subdivision (b).

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Financial Affairs [53600 - 53997] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 18.5. Division of Property Taxes [53993- 53993.] ( Article 18.5 added by Stats. 2016, Ch. 49, Sec. 5. ) ## 53993. (a) Notwithstanding any other law, except as provided in subdivision (b), for the purpose of any law authorizing the division of taxes levied upon taxable property, including, but not limited to, Sections 53369.30, 53396, 53398.30, 53398.75, and 62005, no revenues derived from the imposition of a property tax rate approved by the voters pursuant to subdivision (b) of Section 1 of Article XIII A of the California Constitution and levied in addition to the property tax rate limited by subdivision (a) of Section 1 of Article XIII A of the California Constitution shall be divided. (b) Subdivision (a) shall not apply to the allocation of property taxes pursuant to Part 1.85 (commencing with Section 34170) of Division 24 of the Health and Safety Code. (Added by Stats. 2016, Ch. 49, Sec. 5. (SB 975) Effective January 1, 2017.)
  45. 53995.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Financial Affairs [53600 - 53997] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 19. Obligation of Contract [53995 - 53997] ( Article 19 added by Stats. 1988, Ch. 346, Sec. 1. )

    Verify source ↗

    This section defines key terms used in the article, including “financial transaction,” “legislative body,” “local agency,” “obligation of contract,” and “treasurer.”

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Financial Affairs [53600 - 53997] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 19. Obligation of Contract [53995 - 53997] ( Article 19 added by Stats. 1988, Ch. 346, Sec. 1. ) ## 53995. As used in this article: (a) “Financial transaction” means any agreement or arrangement entered into between a local agency or the treasurer of a local agency and any party or parties for the performance of required financial services or duties by either the local agency or the other party or parties, or both. “Financial transaction” includes, but is not limited to, financial affairs of a local agency, as provided in Chapter 3 (commencing with Section 53400 and Chapter 4 (commencing with Section 53600)). (b) “Legislative body” means the elected or appointed governing body or authority of a local agency. (c) “Local agency” means a city, county, city and county, including a chartered city, county, or city and county, redevelopment agency, special district, school district, community college district, county board of education, county superintendent of schools, or any agency of the state formed for the local performance of governmental or proprietary functions within limited boundaries. (d) “Obligation of contract” has the same meaning and shall be subject to the same interpretation as “obligation of contract” has in Section 9 of Article I of the Constitution. (e) “Treasurer” means the treasurer of the local agency. (Amended by Stats. 1989, Ch. 356, Sec. 1.)
  46. 53996.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Financial Affairs [53600 - 53997] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 19. Obligation of Contract [53995 - 53997] ( Article 19 added by Stats. 1988, Ch. 346, Sec. 1. )

    Verify source ↗

    A local agency’s contractual obligation in a financial transaction begins when its legislative body adopts a resolution entering into the contract, or when the treasurer enters into the contract under that authority, and no law may impair that existing obligation.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Financial Affairs [53600 - 53997] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 19. Obligation of Contract [53995 - 53997] ( Article 19 added by Stats. 1988, Ch. 346, Sec. 1. ) ## 53996. The Legislature hereby finds and declares that a local agency’s obligation of contract, as that term is used and interpreted in Section 9 of Article I of the California Constitution, in a financial transaction, commences when the legislative body adopts a resolution officially entering into the contract or when the treasurer, acting on his or her authority, enters into the contract. Therefore, in interpreting Section 9 of Article I of the California Constitution, the Legislature finds and declares that no law may be passed which has the effect of impairing a local agency’s existing obligation of contract with regard to a financial transaction. (Added by Stats. 1988, Ch. 346, Sec. 1.)
  47. 53997.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Financial Affairs [53600 - 53997] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 19. Obligation of Contract [53995 - 53997] ( Article 19 added by Stats. 1988, Ch. 346, Sec. 1. )

    Verify source ↗

    A local agency’s contract obligation for a financial transaction begins when the legislative body adopts a qualifying resolution or when the treasurer enters the transaction under their authority.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Financial Affairs [53600 - 53997] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 19. Obligation of Contract [53995 - 53997] ( Article 19 added by Stats. 1988, Ch. 346, Sec. 1. ) ## 53997. (a) A local agency’s obligation of contract, with regard to a financial transaction, shall commence when the legislative body adopts a resolution formally adopting, approving, or entering into any financial transaction, or when the treasurer, acting on his or her authority, enters into any financial transaction. (b) Notwithstanding subdivision (a), the legislative body or the treasurer may commence its obligation of contract, with regard to a financial transaction, at any other point in the financial transaction with the mutual consent of the legislative body or the treasurer and the other party or parties to the financial transaction. (Added by Stats. 1988, Ch. 346, Sec. 1.)
  48. 53998.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4.5. Sale of Proposition 1A Receivables [53998 - 53999] ( Chapter 4.5 added by Stats. 2009, Ch. 634, Sec. 6. )

    Verify source ↗

    This section defines “Proposition 1A receivable” as a right to payment owed or to become owed to a local agency under specified provisions.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4.5. Sale of Proposition 1A Receivables [53998 - 53999] ( Chapter 4.5 added by Stats. 2009, Ch. 634, Sec. 6. ) ## 53998. For purposes of this chapter, “Proposition 1A receivable” means the right to payment of moneys due or to become due to a local agency pursuant to clause (iii) of subparagraph (B) of paragraph (1) of subdivision (a) of Section 25.5 of Article XIII of the California Constitution and Section 100.06 of the Revenue and Taxation Code. (Added by Stats. 2009, Ch. 634, Sec. 6. (SB 67) Effective October 19, 2009.)
  49. 53999.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4.5. Sale of Proposition 1A Receivables [53998 - 53999] ( Chapter 4.5 added by Stats. 2009, Ch. 634, Sec. 6. )

    Verify source ↗

    Local agencies may sell Proposition 1A receivables, but there are limits and notice requirements.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4.5. Sale of Proposition 1A Receivables [53998 - 53999] ( Chapter 4.5 added by Stats. 2009, Ch. 634, Sec. 6. ) ## 53999. (a) (1) Notwithstanding any other law, a local agency may sell Proposition 1A receivables that have not been sold pursuant to subdivision (b) of Section 6588.6 to a special fund of the local agency or another local agency, and enter into one or more sales agreements with the purchaser of the Proposition 1A receivable on the terms the local agency deems appropriate. (2) Except for Proposition 1A receivables created as a result of reallocations pursuant to paragraph (2) of subdivision (b) of Section 100.06 of the Revenue and Taxation Code, a local agency shall complete a sale made pursuant to this section on or before November 2, 2009. (b) (1) A local agency may make no more than five sales of its Proposition 1A receivables pursuant to this section. (2) A transfer of some or all of a Proposition 1A receivable by a local agency to a purchaser of the receivable under this section is a sale and shall be treated as an absolute sale and transfer of the property so transferred and not as a pledge or grant of a security interest by the local agency to secure a borrowing. (3) The characterization of the transfer of a Proposition 1A receivable as an absolute sale by a local agency shall not be negated or adversely affected by any of the following: (A) The fact that only a portion of the Proposition 1A receivable is transferred. (B) By the local agency’s acquisition of an ownership interest in any residual interest or a subordinate interest in the Proposition 1A receivable. (C) By any characterization of the purchaser for purposes of accounting, taxation, or securities regulation. (D) By any other factor. (c) (1) On and after the effective date of each transfer of a Proposition 1A receivable pursuant to this section that the governing documents state is a sale, the local agency shall have no right, title, or interest in or to the Proposition 1A receivable so transferred. (2) A Proposition 1A receivable transferred pursuant to this subdivision shall be the property of the purchaser and not of the local agency, and shall be owned, received, held, and disbursed only by the purchaser or any trustee or agent of the purchaser. (3) A sale of some or all of any Proposition 1A receivable shall automatically be perfected without the need for physical delivery, recordation, filing, or further act, and the provisions of Division 9 (commencing with Section 9101) of the Commercial Code and Sections 954.5 to 955.1, inclusive, of the Civil Code shall not apply to the sale. (4) A Proposition 1A receivable sold by the local agency pursuant to this chapter shall not be subject to garnishment, levy, execution, attachment, or other process, writ, including, but not limited to, a writ of mandate, or remedy in connection with the assertion or enforcement of any debt, claim, settlement, or judgment against the local agency. (d) On or before the effective date of any sale of a Proposition 1A receivable, the local agency shall notify the Controller that the Proposition 1A receivable has been sold to the purchaser and irrevocably instruct the Controller that, as of the effective date, payments on the Proposition 1A receivable so sold are to be made directly to the purchaser or any trustee or agent appointed by the purchaser. (Added by Stats. 2009, Ch. 634, Sec. 6. (SB 67) Effective October 19, 2009.)
  50. 540.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. SEAT OF GOVERNMENT, POLITICAL DIVISIONS, AND LEGAL DISTANCES [450 - 559] ( Division 3 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 6. Legal Distances [500 - 559] ( Chapter 6 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    The county seat of San Joaquin County is forty-eight miles from Sacramento.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. SEAT OF GOVERNMENT, POLITICAL DIVISIONS, AND LEGAL DISTANCES [450 - 559] ( Division 3 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 6. Legal Distances [500 - 559] ( Chapter 6 enacted by Stats. 1943, Ch. 134. ) ## 540. From the county seat of San Joaquin County to Sacramento it is forty-eight (48) miles. (Enacted by Stats. 1943, Ch. 134.)
  51. 5400.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 6. PUBLIC BONDS AND OBLIGATIONS [5000 - 5979] ( Division 6 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 5. Tax or Assessment Levy for Unsold Bonds [5400 - 5404] ( Chapter 5 added by Stats. 1955, Ch. 333. )

    Verify source ↗

    This section defines “public body” for this chapter as certain local or public entities authorized to issue bonds.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 6. PUBLIC BONDS AND OBLIGATIONS [5000 - 5979] ( Division 6 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 5. Tax or Assessment Levy for Unsold Bonds [5400 - 5404] ( Chapter 5 added by Stats. 1955, Ch. 333. ) ## 5400. “Public body” as used in this chapter means any county, city and county, city, public district, public authority or other public corporation which is authorized to issue bonds. (Added by Stats. 1955, Ch. 333.)
  52. 54000.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 1. Horseback Riding [54000 - 54005] ( Article 1 added by Stats. 1949, Ch. 81. )

    Verify source ↗

    A Department of Transportation, flood control district, county, or city may grant permission for horseback riding on specified public land and waterways.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 1. Horseback Riding [54000 - 54005] ( Article 1 added by Stats. 1949, Ch. 81. ) ## 54000. Upon application to the Department of Transportation, a flood control district, county, or city, and subject to any conditions imposed by it, permission may be granted to any person, or riding club to enter, traverse, and use for horseback riding, any trail, right of way, easement, river, flood control channel, or wash, owned or controlled by the state, a city, or county. (Amended by Stats. 1980, Ch. 676.)
  53. 54001.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 1. Horseback Riding [54000 - 54005] ( Article 1 added by Stats. 1949, Ch. 81. )

    Verify source ↗

    No fee may be charged for using the bridle paths covered by this section.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 1. Horseback Riding [54000 - 54005] ( Article 1 added by Stats. 1949, Ch. 81. ) ## 54001. A fee shall not be charged for the use of such bridle paths. (Added by Stats. 1949, Ch. 81.)
  54. 54003.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 1. Horseback Riding [54000 - 54005] ( Article 1 added by Stats. 1949, Ch. 81. )

    Verify source ↗

    An equestrian group may be allowed to put up and maintain trail markers for horseback riders, but structures on state-owned property need approval from the State Lands Commission.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 1. Horseback Riding [54000 - 54005] ( Article 1 added by Stats. 1949, Ch. 81. ) ## 54003. An equestrian group may be granted the right to erect and maintain suitable trail markers for the convenience and guidance of horseback riders, but a structure shall not be erected on state-owned property without the approval of the State Lands Commission. (Amended by Stats. 1982, Ch. 681, Sec. 18.)
  55. 54004.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 1. Horseback Riding [54000 - 54005] ( Article 1 added by Stats. 1949, Ch. 81. )

    Verify source ↗

    A person must not remove, deface, or destroy trail markers, or place fences, barbed wire, or other obstructions on bridle trails.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 1. Horseback Riding [54000 - 54005] ( Article 1 added by Stats. 1949, Ch. 81. ) ## 54004. It is unlawful for any person to remove, deface, or destroy the markers, or to erect fences, barbed wire, or other obstructions on the bridle trails. (Added by Stats. 1949, Ch. 81.)
  56. 54005.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 1. Horseback Riding [54000 - 54005] ( Article 1 added by Stats. 1949, Ch. 81. )

    Verify source ↗

    The granting power may extend, terminate, or modify its permission at any time.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 1. Horseback Riding [54000 - 54005] ( Article 1 added by Stats. 1949, Ch. 81. ) ## 54005. The granting power may extend, terminate, or modify its permission at any time. (Added by Stats. 1949, Ch. 81.)
  57. 5401.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 6. PUBLIC BONDS AND OBLIGATIONS [5000 - 5979] ( Division 6 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 5. Tax or Assessment Levy for Unsold Bonds [5400 - 5404] ( Chapter 5 added by Stats. 1955, Ch. 333. )

    Verify source ↗

    This section defines “bonds” for this chapter as bonds or other indebtedness payable, or potentially payable, from ad valorem taxes or assessments levied by or for a public body.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 6. PUBLIC BONDS AND OBLIGATIONS [5000 - 5979] ( Division 6 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 5. Tax or Assessment Levy for Unsold Bonds [5400 - 5404] ( Chapter 5 added by Stats. 1955, Ch. 333. ) ## 5401. “Bonds” as used in this chapter means any bonds or other evidences of indebtedness the principal and interest of which are payable or may be paid from ad valorem taxes or assessments levied by or on behalf of a public body. (Added by Stats. 1955, Ch. 333.)
  58. 5402.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 6. PUBLIC BONDS AND OBLIGATIONS [5000 - 5979] ( Division 6 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 5. Tax or Assessment Levy for Unsold Bonds [5400 - 5404] ( Chapter 5 added by Stats. 1955, Ch. 333. )

    Verify source ↗

    This section defines “governing body” for this chapter.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 6. PUBLIC BONDS AND OBLIGATIONS [5000 - 5979] ( Division 6 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 5. Tax or Assessment Levy for Unsold Bonds [5400 - 5404] ( Chapter 5 added by Stats. 1955, Ch. 333. ) ## 5402. “Governing body” as used in this chapter means the board of supervisors, city council, board of directors or other legislative or governing body which has the power to fix the annual tax or assessment levy for a public body. (Added by Stats. 1955, Ch. 333.)
  59. 5403.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 6. PUBLIC BONDS AND OBLIGATIONS [5000 - 5979] ( Division 6 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 5. Tax or Assessment Levy for Unsold Bonds [5400 - 5404] ( Chapter 5 added by Stats. 1955, Ch. 333. )

    Verify source ↗

    The governing body may levy a tax or assessment to cover bond principal and interest that will come due before the next levy’s proceeds are available.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 6. PUBLIC BONDS AND OBLIGATIONS [5000 - 5979] ( Division 6 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 5. Tax or Assessment Levy for Unsold Bonds [5400 - 5404] ( Chapter 5 added by Stats. 1955, Ch. 333. ) ## 5403. When bonds to be issued by or on behalf of a public body have been authorized by an election or other method provided by law, and where it is expected that all or any part of such bonds will be sold at such time that principal or interest on such bonds will become due before the proceeds of a tax or assessment levied after such sale would be available to pay such principal or interest, the governing body, at the time of fixing the annual tax or assessment levy, may levy a tax or assessment, as the case may be, in an amount clearly sufficient to pay that portion of the principal of and interest on said bonds which it is expected will become due before the proceeds of the next succeeding tax or assessment levy will be available. (Added by Stats. 1955, Ch. 333.)
  60. 54030.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 2. Automobile Parking Areas [54030 - 54038] ( Article 2 added by Stats. 1949, Ch. 81. )

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    This section defines “local agency” and “property” for this article.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 2. Automobile Parking Areas [54030 - 54038] ( Article 2 added by Stats. 1949, Ch. 81. ) ## 54030. As used in this article: (a) “Local agency” means city, county, or subdivision of the State. (b) “Property” means real or personal property, easement, license, or other right in property. (Added by Stats. 1949, Ch. 81.)
  61. 54031.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 2. Automobile Parking Areas [54030 - 54038] ( Article 2 added by Stats. 1949, Ch. 81. )

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    A local agency may acquire property for parking motor vehicles.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 2. Automobile Parking Areas [54030 - 54038] ( Article 2 added by Stats. 1949, Ch. 81. ) ## 54031. By gift, lease, purchase, eminent domain, or other manner a local agency may acquire property for parking motor vehicles. (Added by Stats. 1949, Ch. 81.)
  62. 54032.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 2. Automobile Parking Areas [54030 - 54038] ( Article 2 added by Stats. 1949, Ch. 81. )

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    A local agency may use certain property it owns or possesses for parking or storing its vehicles.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 2. Automobile Parking Areas [54030 - 54038] ( Article 2 added by Stats. 1949, Ch. 81. ) ## 54032. A local agency may use any property acquired for such purpose, or any other real property owned or possessed by it and not needed for other public use, for the parking or storage of vehicles belonging to or operated by it. (Added by Stats. 1949, Ch. 81.)
  63. 54033.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 2. Automobile Parking Areas [54030 - 54038] ( Article 2 added by Stats. 1949, Ch. 81. )

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    A legislative body may allow the public to use the property when it decides that the use is necessary or convenient, or supports the purpose for which the property was acquired, owned, or possessed.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 2. Automobile Parking Areas [54030 - 54038] ( Article 2 added by Stats. 1949, Ch. 81. ) ## 54033. It may permit use of the property by the public for such purpose when in the judgment of the legislative body such use is necessary or convenient for the public or is incidental to or in furtherance of the purposes for which the property was acquired or is owned or possessed. (Added by Stats. 1949, Ch. 81.)
  64. 54034.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 2. Automobile Parking Areas [54030 - 54038] ( Article 2 added by Stats. 1949, Ch. 81. )

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    A local agency may lease or sublet property for public parking use, and may grant franchises for that use.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 2. Automobile Parking Areas [54030 - 54038] ( Article 2 added by Stats. 1949, Ch. 81. ) ## 54034. In the manner other public property is leased or sublet, a local agency may lease or sublet any such property for the purpose of operating or authorizing the operation of a parking station for the parking of automobiles by the public. It may also grant franchises authorizing such use of the property for parking by the public. (Added by Stats. 1949, Ch. 81.)
  65. 54035.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 2. Automobile Parking Areas [54030 - 54038] ( Article 2 added by Stats. 1949, Ch. 81. )

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    A local agency may build, erect, or maintain certain structures in, under, or over public buildings or on public park or other property for this article’s purposes.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 2. Automobile Parking Areas [54030 - 54038] ( Article 2 added by Stats. 1949, Ch. 81. ) ## 54035. A local agency may construct, erect, or maintain any driveway, floor, fence, building, or other structure for the purposes of this article either in, under, or over any public building or on or under the surface of any public park, grounds, or any other property. (Added by Stats. 1949, Ch. 81.)
  66. 54036.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 2. Automobile Parking Areas [54030 - 54038] ( Article 2 added by Stats. 1949, Ch. 81. )

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    Local agencies may use other laws that authorize methods for improving or acquiring real property to support acquiring or improving property for the purposes covered by this article.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 2. Automobile Parking Areas [54030 - 54038] ( Article 2 added by Stats. 1949, Ch. 81. ) ## 54036. Any and all acts authorizing or providing methods for the improvement or acquisition of real property by a local agency for street, highway, library, school, playground, or other purposes may be used to provide methods for improving or acquiring any property to be acquired or improved for the use authorized in this article. (Added by Stats. 1949, Ch. 81.)
  67. 54037.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 2. Automobile Parking Areas [54030 - 54038] ( Article 2 added by Stats. 1949, Ch. 81. )

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    A local agency may impose and collect a reasonable fee for off-street parking of motor vehicles.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 2. Automobile Parking Areas [54030 - 54038] ( Article 2 added by Stats. 1949, Ch. 81. ) ## 54037. The local agency may impose and collect a reasonable charge for the parking off street of motor vehicles. (Added by Stats. 1949, Ch. 81.)
  68. 54038.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 2. Automobile Parking Areas [54030 - 54038] ( Article 2 added by Stats. 1949, Ch. 81. )

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    Local agencies may acquire and use property for parking motor vehicles under this article’s alternative authorization.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 2. Automobile Parking Areas [54030 - 54038] ( Article 2 added by Stats. 1949, Ch. 81. ) ## 54038. This article provides an alternative authorization for the acquisition and use of property by local agencies for the parking of motor vehicles. (Added by Stats. 1949, Ch. 81.)
  69. 5404.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 6. PUBLIC BONDS AND OBLIGATIONS [5000 - 5979] ( Division 6 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 5. Tax or Assessment Levy for Unsold Bonds [5400 - 5404] ( Chapter 5 added by Stats. 1955, Ch. 333. )

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    If the authorized body decides the bonds will not be issued and sold, the tax or assessment proceeds may be moved to the public body’s general fund.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 6. PUBLIC BONDS AND OBLIGATIONS [5000 - 5979] ( Division 6 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 5. Tax or Assessment Levy for Unsold Bonds [5400 - 5404] ( Chapter 5 added by Stats. 1955, Ch. 333. ) ## 5404. If at any time following the levy of the tax or assessment authorized by Section 5403, the board, council or other body having the power to sell the bonds shall determine that the bonds are not to be issued and sold, the proceeds of the tax or assessment so levied to pay such principal or interest may be transferred to the general fund of the public body. (Added by Stats. 1955, Ch. 333.)
  70. 54060.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 3. Coliseum and Stadium Parking [54060 - 54064] ( Article 3 added by Stats. 1949, Ch. 81. )

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    This article defines “local agency” to mean a city, county, or district agricultural association.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 3. Coliseum and Stadium Parking [54060 - 54064] ( Article 3 added by Stats. 1949, Ch. 81. ) ## 54060. As used in this article, “local agency” means city, county, or district agricultural association. (Added by Stats. 1949, Ch. 81.)
  71. 54061.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 3. Coliseum and Stadium Parking [54060 - 54064] ( Article 3 added by Stats. 1949, Ch. 81. )

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    A local agency may acquire needed real and personal property for parking facilities connected to a stadium or coliseum it maintains.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 3. Coliseum and Stadium Parking [54060 - 54064] ( Article 3 added by Stats. 1949, Ch. 81. ) ## 54061. A local agency may acquire necessary real and personal property to construct, equip, operate, and maintain parking facilities in connection with any stadium or coliseum maintained by it. (Added by Stats. 1949, Ch. 81.)
  72. 54062.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 3. Coliseum and Stadium Parking [54060 - 54064] ( Article 3 added by Stats. 1949, Ch. 81. )

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    A local agency may let parking facilities be used by the public.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 3. Coliseum and Stadium Parking [54060 - 54064] ( Article 3 added by Stats. 1949, Ch. 81. ) ## 54062. The local agency may make the parking facilities available for public use. (Added by Stats. 1949, Ch. 81.)
  73. 54063.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 3. Coliseum and Stadium Parking [54060 - 54064] ( Article 3 added by Stats. 1949, Ch. 81. )

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    A local agency may charge the public for using its property and facilities if the charge is fixed by the agency’s legislative body.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 3. Coliseum and Stadium Parking [54060 - 54064] ( Article 3 added by Stats. 1949, Ch. 81. ) ## 54063. For the use of such property and facilities by the public, the local agency may make and collect a charge fixed by its legislative body. (Added by Stats. 1949, Ch. 81.)
  74. 54064.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 3. Coliseum and Stadium Parking [54060 - 54064] ( Article 3 added by Stats. 1949, Ch. 81. )

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    The section allows the responsible local entity to lease parking facilities or grant a franchise for a parking station on the property.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 3. Coliseum and Stadium Parking [54060 - 54064] ( Article 3 added by Stats. 1949, Ch. 81. ) ## 54064. For the purpose of subletting or permitting to the public parking privileges for vehicles, it may lease the parking facilities or, in the manner of granting a franchise for other public property, grant any person a franchise to operate a parking station on the property. (Added by Stats. 1949, Ch. 81.)
  75. 54090.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 4. Beach Access [54090 - 54093] ( Article 4 added by Stats. 1963, Ch. 1595. )

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    This section defines “public beach” as a beach area used for recreation and owned, operated, or controlled by the State, a state agency, or a local agency.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 4. Beach Access [54090 - 54093] ( Article 4 added by Stats. 1963, Ch. 1595. ) ## 54090. As used in this article “public beach” means any beach area used for recreational purposes which is owned, operated or controlled by the State, any state agency or any local agency. (Added by Stats. 1963, Ch. 1595.)
  76. 54091.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 4. Beach Access [54090 - 54093] ( Article 4 added by Stats. 1963, Ch. 1595. )

    Verify source ↗

    Local agencies that control a public beach must let everyone use it, and nonresidents must be treated the same as residents.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 4. Beach Access [54090 - 54093] ( Article 4 added by Stats. 1963, Ch. 1595. ) ## 54091. Any city, county, or other local agency that owns, operates, or controls any public beach shall allow the use of that public beach by all persons regardless of ancestry, residence, or any characteristic listed or defined in Section 11135. Nonresidents of the city, county, or other local agency shall be permitted to use that public beach upon the same terms and conditions as are residents of the city, county, or local agency. (Amended by Stats. 2007, Ch. 568, Sec. 33. Effective January 1, 2008.)
  77. 54092.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 4. Beach Access [54090 - 54093] ( Article 4 added by Stats. 1963, Ch. 1595. )

    Verify source ↗

    Cities, counties, and other local agencies must let all persons have free access over property they use as access to a public beach.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 4. Beach Access [54090 - 54093] ( Article 4 added by Stats. 1963, Ch. 1595. ) ## 54092. Any city, county, or other local agency that allows any property owned, operated, or controlled by it to be used as a means of access to any public beach shall allow free access over that property to all persons regardless of ancestry, residence, or any characteristic listed or defined in Section 11135. (Amended by Stats. 2007, Ch. 568, Sec. 34. Effective January 1, 2008.)
  78. 54093.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 4. Beach Access [54090 - 54093] ( Article 4 added by Stats. 1963, Ch. 1595. )

    Verify source ↗

    The Department of Parks and Recreation may acquire easements in local agency property to provide free public access to public beaches.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 4. Beach Access [54090 - 54093] ( Article 4 added by Stats. 1963, Ch. 1595. ) ## 54093. The Department of Parks and Recreation, on behalf of the state, may acquire by appropriate means easements in property owned, operated or controlled by any city, county or other local agency in order to provide free public access to any public beach. However, any such easement shall terminate if the property is developed by the city, county or other public agency in a manner which would not be compatible with the use of such easement for access purposes and if the city, county or other public agency refunds to the state the amount of money the state paid for such easement. (Amended by Stats. 1975, Ch. 1239.)
  79. 54096.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 4.5. Reconstruction of Buildings [54096 - 54116] ( Heading of Article 4.5 renumbered from Article 4 (as added by Stats. 1949, Ch. 81) by Stats. 1980, Ch. 676. )

    Verify source ↗

    The board may prepare the necessary plans and specifications for buildings to be built or rebuilt under this article.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 4.5. Reconstruction of Buildings [54096 - 54116] ( Heading of Article 4.5 renumbered from Article 4 (as added by Stats. 1949, Ch. 81) by Stats. 1980, Ch. 676. ) ## 54096. The board may have prepared all necessary plans and specifications for buildings to be constructed or reconstructed pursuant to this article. (Added by Stats. 1949, Ch. 81.)
  80. 54097.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 4.5. Reconstruction of Buildings [54096 - 54116] ( Heading of Article 4.5 renumbered from Article 4 (as added by Stats. 1949, Ch. 81) by Stats. 1980, Ch. 676. )

    Verify source ↗

    The board may establish and enforce regulations needed to administer and carry out this article.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 4.5. Reconstruction of Buildings [54096 - 54116] ( Heading of Article 4.5 renumbered from Article 4 (as added by Stats. 1949, Ch. 81) by Stats. 1980, Ch. 676. ) ## 54097. The board may establish and enforce any regulations it deems necessary for the administration and execution of this article. (Added by Stats. 1949, Ch. 81.)
  81. 54098.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 4.5. Reconstruction of Buildings [54096 - 54116] ( Heading of Article 4.5 renumbered from Article 4 (as added by Stats. 1949, Ch. 81) by Stats. 1980, Ch. 676. )

    Verify source ↗

    The board may set the terms for replacing or reconstructing buildings.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 4.5. Reconstruction of Buildings [54096 - 54116] ( Heading of Article 4.5 renumbered from Article 4 (as added by Stats. 1949, Ch. 81) by Stats. 1980, Ch. 676. ) ## 54098. The board may determine the terms under which buildings will be replaced or reconstructed. (Added by Stats. 1949, Ch. 81.)
  82. 54099.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 4.5. Reconstruction of Buildings [54096 - 54116] ( Heading of Article 4.5 renumbered from Article 4 (as added by Stats. 1949, Ch. 81) by Stats. 1980, Ch. 676. )

    Verify source ↗

    The board may rent all or part of a building built or reconstructed under this article to the local agency where the building is located.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 4.5. Reconstruction of Buildings [54096 - 54116] ( Heading of Article 4.5 renumbered from Article 4 (as added by Stats. 1949, Ch. 81) by Stats. 1980, Ch. 676. ) ## 54099. The board may rent all or part of a building constructed or reconstructed pursuant to this article to the local agency within which the building is located. (Added by Stats. 1949, Ch. 81.)
  83. 541.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. SEAT OF GOVERNMENT, POLITICAL DIVISIONS, AND LEGAL DISTANCES [450 - 559] ( Division 3 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 6. Legal Distances [500 - 559] ( Chapter 6 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    This section states that the distance from the county seat of San Luis Obispo County to Sacramento is 343 miles.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. SEAT OF GOVERNMENT, POLITICAL DIVISIONS, AND LEGAL DISTANCES [450 - 559] ( Division 3 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 6. Legal Distances [500 - 559] ( Chapter 6 enacted by Stats. 1943, Ch. 134. ) ## 541. From the county seat of San Luis Obispo County to Sacramento it is three hundred and forty-three (343) miles. (Enacted by Stats. 1943, Ch. 134.)
  84. 54100.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 4.5. Reconstruction of Buildings [54096 - 54116] ( Heading of Article 4.5 renumbered from Article 4 (as added by Stats. 1949, Ch. 81) by Stats. 1980, Ch. 676. )

    Verify source ↗

    The board may set the rental the local agency pays for the buildings and decide how and when that rental is paid.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 4.5. Reconstruction of Buildings [54096 - 54116] ( Heading of Article 4.5 renumbered from Article 4 (as added by Stats. 1949, Ch. 81) by Stats. 1980, Ch. 676. ) ## 54100. The board may fix the rental to be paid by the local agency for such buildings and the terms and manner of the payment of the rental. (Added by Stats. 1949, Ch. 81.)
  85. 54101.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 4.5. Reconstruction of Buildings [54096 - 54116] ( Heading of Article 4.5 renumbered from Article 4 (as added by Stats. 1949, Ch. 81) by Stats. 1980, Ch. 676. )

    Verify source ↗

    The board may insure buildings it replaces or reconstructs in a local agency until the agreed rentals have been fully paid by the local agency’s legislative body.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 4.5. Reconstruction of Buildings [54096 - 54116] ( Heading of Article 4.5 renumbered from Article 4 (as added by Stats. 1949, Ch. 81) by Stats. 1980, Ch. 676. ) ## 54101. The board may insure all buildings replaced or reconstructed in a local agency by it until the total of the agreed rentals has been paid by the legislative body of the local agency. (Added by Stats. 1949, Ch. 81.)
  86. 54102.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 4.5. Reconstruction of Buildings [54096 - 54116] ( Heading of Article 4.5 renumbered from Article 4 (as added by Stats. 1949, Ch. 81) by Stats. 1980, Ch. 676. )

    Verify source ↗

    The board may do anything necessary to give full effect to this article.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 4.5. Reconstruction of Buildings [54096 - 54116] ( Heading of Article 4.5 renumbered from Article 4 (as added by Stats. 1949, Ch. 81) by Stats. 1980, Ch. 676. ) ## 54102. The board may do any thing necessary to give full effect to this article. (Added by Stats. 1949, Ch. 81.)
  87. 54104.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 4.5. Reconstruction of Buildings [54096 - 54116] ( Heading of Article 4.5 renumbered from Article 4 (as added by Stats. 1949, Ch. 81) by Stats. 1980, Ch. 676. )

    Verify source ↗

    The legislative body may enter into and carry out an agreement with the board when the article requires or authorizes that agreement.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 4.5. Reconstruction of Buildings [54096 - 54116] ( Heading of Article 4.5 renumbered from Article 4 (as added by Stats. 1949, Ch. 81) by Stats. 1980, Ch. 676. ) ## 54104. The legislative body may enter into, comply with, and do all things necessary to execute an agreement with the board which is required or authorized by this article. (Added by Stats. 1949, Ch. 81.)
  88. 54105.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 4.5. Reconstruction of Buildings [54096 - 54116] ( Heading of Article 4.5 renumbered from Article 4 (as added by Stats. 1949, Ch. 81) by Stats. 1980, Ch. 676. )

    Verify source ↗

    Before a building is replaced or reconstructed, the local agency’s legislative body and the board must enter into an agreement that sets their powers, duties, responsibilities, and liabilities.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 4.5. Reconstruction of Buildings [54096 - 54116] ( Heading of Article 4.5 renumbered from Article 4 (as added by Stats. 1949, Ch. 81) by Stats. 1980, Ch. 676. ) ## 54105. Before a building is replaced or reconstructed the legislative body of the local agency and the board shall enter into an agreement which shall fix the powers, duties, responsibilities, and liabilities of the legislative body and the board. (Added by Stats. 1949, Ch. 81.)
  89. 54106.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 4.5. Reconstruction of Buildings [54096 - 54116] ( Heading of Article 4.5 renumbered from Article 4 (as added by Stats. 1949, Ch. 81) by Stats. 1980, Ch. 676. )

    Verify source ↗

    A building or part constructed or reconstructed by the board is State property, and the local agency where it is located has no interest in it until the board conveys it to that local agency.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 4.5. Reconstruction of Buildings [54096 - 54116] ( Heading of Article 4.5 renumbered from Article 4 (as added by Stats. 1949, Ch. 81) by Stats. 1980, Ch. 676. ) ## 54106. For the purposes of this article all or part of a building constructed or reconstructed by the board is the property of the State. The local agency in which the building or part is situated has no interest in it until it is conveyed to the local agency by the board. (Added by Stats. 1949, Ch. 81.)
  90. 54107.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 4.5. Reconstruction of Buildings [54096 - 54116] ( Heading of Article 4.5 renumbered from Article 4 (as added by Stats. 1949, Ch. 81) by Stats. 1980, Ch. 676. )

    Verify source ↗

    A legislative body that agrees to pay rentals to the board must budget enough money to cover the rental due that year, and that money may be used only for the rental payment.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 4.5. Reconstruction of Buildings [54096 - 54116] ( Heading of Article 4.5 renumbered from Article 4 (as added by Stats. 1949, Ch. 81) by Stats. 1980, Ch. 676. ) ## 54107. The legislative body entering into an agreement to pay rentals to the board shall include in its budget for any year during which the agreement is in effect an amount sufficient to pay the rental due the board during the year. The amount included in the budget shall be used only for the payment of the rental. (Added by Stats. 1949, Ch. 81.)
  91. 54111.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 4.5. Reconstruction of Buildings [54096 - 54116] ( Heading of Article 4.5 renumbered from Article 4 (as added by Stats. 1949, Ch. 81) by Stats. 1980, Ch. 676. )

    Verify source ↗

    After the legislative body has paid the agreed rentals in full, the board must convey the building to the local agency in the name of the State.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 4.5. Reconstruction of Buildings [54096 - 54116] ( Heading of Article 4.5 renumbered from Article 4 (as added by Stats. 1949, Ch. 81) by Stats. 1980, Ch. 676. ) ## 54111. When the legislative body has paid the board the total of the agreed rentals, the board shall convey to the local agency in the name of the State the building mentioned in the agreement. (Added by Stats. 1949, Ch. 81.)
  92. 54112.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 4.5. Reconstruction of Buildings [54096 - 54116] ( Heading of Article 4.5 renumbered from Article 4 (as added by Stats. 1949, Ch. 81) by Stats. 1980, Ch. 676. )

    Verify source ↗

    A local agency’s legislative body may pay rental under an agreement with the board from funds that are not constitutionally barred for that purpose.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 4.5. Reconstruction of Buildings [54096 - 54116] ( Heading of Article 4.5 renumbered from Article 4 (as added by Stats. 1949, Ch. 81) by Stats. 1980, Ch. 676. ) ## 54112. The legislative body of a local agency entering into an agreement with the board may pay the rental charged under the agreement out of any of its funds whose use for the payment of the rental is not prohibited by the Constitution. (Added by Stats. 1949, Ch. 81.)
  93. 54115.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 4.5. Reconstruction of Buildings [54096 - 54116] ( Heading of Article 4.5 renumbered from Article 4 (as added by Stats. 1949, Ch. 81) by Stats. 1980, Ch. 676. )

    Verify source ↗

    The board may not let a contract until the plans are approved by the Division of Architecture, and for schools by the Division of Schoolhouse Planning.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 4.5. Reconstruction of Buildings [54096 - 54116] ( Heading of Article 4.5 renumbered from Article 4 (as added by Stats. 1949, Ch. 81) by Stats. 1980, Ch. 676. ) ## 54115. A contract shall not be let by the board until the plans have been approved by the Division of Architecture of the Department of Public Works, and in the case of schools by the Division of Schoolhouse Planning of the State Department of Education. Article 3, Chapter 3, Division 9 of the Education Code applies to all schoolhouses constructed pursuant to this article to the extent that it does not conflict with this article. (Added by Stats. 1949, Ch. 81.)
  94. 54116.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 4.5. Reconstruction of Buildings [54096 - 54116] ( Heading of Article 4.5 renumbered from Article 4 (as added by Stats. 1949, Ch. 81) by Stats. 1980, Ch. 676. )

    Verify source ↗

    A school district covered by this section must continue to exist as it was when the agreement was made, so the agreement can be carried out.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 4.5. Reconstruction of Buildings [54096 - 54116] ( Heading of Article 4.5 renumbered from Article 4 (as added by Stats. 1949, Ch. 81) by Stats. 1980, Ch. 676. ) ## 54116. A school district within which a public school building is constructed or reconstructed by the board under an agreement between the governing board of the school district and the board shall continue in existence as it exists at the time of making the agreement, for the purpose of fulfilling the agreement. (Added by Stats. 1949, Ch. 81.)
  95. 54125.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 5. Earthquake Relief [54125 - 54130] ( Heading of Article 5 renumbered from Article 4.5 by Stats. 1980, Ch. 676. )

    Verify source ↗

    This section defines “Board” as the State Allocation Board and “Local agency” as a city, city and county, county, or public district.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 5. Earthquake Relief [54125 - 54130] ( Heading of Article 5 renumbered from Article 4.5 by Stats. 1980, Ch. 676. ) ## 54125. As used in this article: “Board” means the State Allocation Board. “Local agency” means any city, city and county, county, or public district. (Added by Stats. 1952, 2nd Ex. Sess., Ch. 21.)
  96. 54126.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 5. Earthquake Relief [54125 - 54130] ( Heading of Article 5 renumbered from Article 4.5 by Stats. 1980, Ch. 676. )

    Verify source ↗

    The board may loan funds to a local agency, or replace, repair, or reconstruct a local agency’s public building or public facility, when the property was damaged or destroyed by earthquake after July 1, 1952, and the request is made by the local agency’s legislative body.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 5. Earthquake Relief [54125 - 54130] ( Heading of Article 5 renumbered from Article 4.5 by Stats. 1980, Ch. 676. ) ## 54126. Upon the application of the legislative body of a local agency the board may loan funds to a local agency for the replacement, repair, or reconstruction of any public building or any public facility of such local agency which has been damaged or destroyed by earthquake after July 1, 1952, as provided in Sections 54129 and 54130, or the board may replace, repair, or reconstruct any public building or any public facility of a local agency which has been damaged or destroyed by earthquake after July 1, 1952, as provided in Sections 54127 and 54128. (Added by Stats. 1952, 2nd Ex. Sess., Ch. 21.)
  97. 54127.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 5. Earthquake Relief [54125 - 54130] ( Heading of Article 5 renumbered from Article 4.5 by Stats. 1980, Ch. 676. )

    Verify source ↗

    This section incorporates specified related code sections into the article and says the Department of General Services takes over certain functions and duties under Section 54115.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 5. Earthquake Relief [54125 - 54130] ( Heading of Article 5 renumbered from Article 4.5 by Stats. 1980, Ch. 676. ) ## 54127. The provisions of Sections 54096 to 54102, inclusive, 54104 to 54107, inclusive, and 54111 to 54116, inclusive, are incorporated herein and made a part hereof as if fully set forth herein. The terms “board” and “local agency” in the provisions so incorporated shall mean the board and a local agency as defined in this article. The Department of General Services succeeds to the functions and duties of the Division of Architecture of the Department of Public Works under Section 54115 of this section. (Amended by Stats. 1965, Ch. 371. Note: From its addition by Stats. 1952, 2nd Ex., Ch. 21, this section has incorporated into this article (formerly Article 4.5, now Article 5) the provisions of Sections 54096 to 54102, 54104 to 54107, and 54111 to 54116, which have resided in the preceding article (formerly Article 4, now Article 4.5). Sections 54113 and 54114 were so incorporated until their repeal by Stats. 1982, Ch. 465.)
  98. 54128.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 5. Earthquake Relief [54125 - 54130] ( Heading of Article 5 renumbered from Article 4.5 by Stats. 1980, Ch. 676. )

    Verify source ↗

    The board and the local agency may set rental payment terms, but the agreement may not run longer than 20 years, and the board may require a shorter repayment period.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 5. Earthquake Relief [54125 - 54130] ( Heading of Article 5 renumbered from Article 4.5 by Stats. 1980, Ch. 676. ) ## 54128. The board and the local agency may agree upon the terms and conditions of payment of rentals, which shall be fixed at an amount which will return to the State within the period agreed by the board and the local agency the sums which the State, through the board, has expended for the local agency, plus an amount to be specified by the board to be in lieu of the interest which the State would receive if the money were to be invested by the State. The maximum term of an agreement shall be 20 years. The board may require a shorter repayment period. (Added by Stats. 1952, 2nd Ex. Sess., Ch. 21.)
  99. 54129.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 5. Earthquake Relief [54125 - 54130] ( Heading of Article 5 renumbered from Article 4.5 by Stats. 1980, Ch. 676. )

    Verify source ↗

    If the board lends funds to a local agency, the board and local agency may set repayment terms for principal and interest, but the agreement may not run longer than 20 years.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 5. Earthquake Relief [54125 - 54130] ( Heading of Article 5 renumbered from Article 4.5 by Stats. 1980, Ch. 676. ) ## 54129. In the event that the board loans funds to a local agency, the board and the local agency may agree upon the terms and conditions of the payment of the principal and interest. The maximum term of an agreement shall be 20 years. The board may require a shorter repayment period. (Added by Stats. 1952, 2nd Ex. Sess., Ch. 21.)
  100. 54129.5.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 5. Earthquake Relief [54125 - 54130] ( Heading of Article 5 renumbered from Article 4.5 by Stats. 1980, Ch. 676. )

    Verify source ↗

    If the board loans funds to a local agency, it may waive Section 54127 provisions it considers not applicable or feasible for those loans.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 5. Earthquake Relief [54125 - 54130] ( Heading of Article 5 renumbered from Article 4.5 by Stats. 1980, Ch. 676. ) ## 54129.5. In the event that the board loans funds to a local agency, the board may waive any provisions of Section 54127 it deems are not applicable to or feasible for use in connection with such loans. (Added by Stats. 1953, Ch. 1777.)
  101. 54130.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 5. Earthquake Relief [54125 - 54130] ( Heading of Article 5 renumbered from Article 4.5 by Stats. 1980, Ch. 676. )

    Verify source ↗

    A loan under Sections 54126 and 54129 cannot be made if it would create prohibited indebtedness or liability, unless approved at an election by two-thirds of voting qualified electors.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 5. Earthquake Relief [54125 - 54130] ( Heading of Article 5 renumbered from Article 4.5 by Stats. 1980, Ch. 676. ) ## 54130. A loan provided for in Sections 54126 and 54129 shall not be made if it would provide for an indebtedness or liability contrary to the provisions of Section 18 of Article XI of the Constitution unless, at an election called by the governing body of the local agency two-thirds of the qualified electors of the local agency voting thereat have authorized the governing body of the local agency to accept, expend, and repay the amount of the loan under this article. Such election shall be held in accordance with provisions of law for the incurring of bonded indebtedness by the local agency, as near as the same may be applicable. Except as may be prohibited by this section, a loan as provided for in Sections 54126 and 54129 may be made to a local agency and the local agency may accept such a loan, notwithstanding any other provision of law limiting or prohibiting the creation of any indebtedness on the part of the local agency. (Amended by Stats. 1953, Ch. 18.)
  102. 54140.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 6. Federal Surplus Property [54140 - 54144] ( Heading of Article 6 renumbered from Article 5 by Stats. 1980, Ch. 676. )

    Verify source ↗

    This article may be cited as the “Federal Surplus Property Acquisition Law of 1945.”

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 6. Federal Surplus Property [54140 - 54144] ( Heading of Article 6 renumbered from Article 5 by Stats. 1980, Ch. 676. ) ## 54140. This article may be cited as the “Federal Surplus Property Acquisition Law of 1945.” (Added by Stats. 1949, Ch. 81.)
  103. 54141.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 6. Federal Surplus Property [54140 - 54144] ( Heading of Article 6 renumbered from Article 5 by Stats. 1980, Ch. 676. )

    Verify source ↗

    This section defines “local agency,” “United States,” and “State” for this article.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 6. Federal Surplus Property [54140 - 54144] ( Heading of Article 6 renumbered from Article 5 by Stats. 1980, Ch. 676. ) ## 54141. As used in this article: (a) “Local agency” means county, city, municipal corporation, or public district. (b) “United States” includes any department, board, or agency thereof. (c) “State” includes any department or agency thereof. (Added by Stats. 1949, Ch. 81.)
  104. 54142.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 6. Federal Surplus Property [54140 - 54144] ( Heading of Article 6 renumbered from Article 5 by Stats. 1980, Ch. 676. )

    Verify source ↗

    A local agency may acquire federal surplus property from the United States or the State, and it does not have to follow certain notice, bidding, or prepayment laws for that acquisition.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 6. Federal Surplus Property [54140 - 54144] ( Heading of Article 6 renumbered from Article 5 by Stats. 1980, Ch. 676. ) ## 54142. A local agency may acquire in any manner from the United States or the State any federal surplus property, real or personal, without regard to any law which requires posting of notices or advertising for bids, inviting or receiving of bids, or delivery of purchases before payment, or which prevents the local agency from entering a bid in its behalf at any sale of federal surplus property by the United States or the State. (Added by Stats. 1949, Ch. 81.)
  105. 54143.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 6. Federal Surplus Property [54140 - 54144] ( Heading of Article 6 renumbered from Article 5 by Stats. 1980, Ch. 676. )

    Verify source ↗

    A local agency’s legislative body may let its officers make required down payments or full payments for a bid or sale.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 6. Federal Surplus Property [54140 - 54144] ( Heading of Article 6 renumbered from Article 5 by Stats. 1980, Ch. 676. ) ## 54143. The legislative body of any such local agency may authorize any of its officers to make a down payment or payment in full required in the bidding or sale. (Added by Stats. 1949, Ch. 81.)
  106. 54144.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 6. Federal Surplus Property [54140 - 54144] ( Heading of Article 6 renumbered from Article 5 by Stats. 1980, Ch. 676. )

    Verify source ↗

    Any statute, charter, ordinance, or resolution that conflicts with this article is suspended to the extent of the conflict.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 6. Federal Surplus Property [54140 - 54144] ( Heading of Article 6 renumbered from Article 5 by Stats. 1980, Ch. 676. ) ## 54144. Any statute, charter, ordinance, or resolution inconsistent with this article is suspended to the extent of such inconsistency. (Added by Stats. 1949, Ch. 81.)
  107. 542.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. SEAT OF GOVERNMENT, POLITICAL DIVISIONS, AND LEGAL DISTANCES [450 - 559] ( Division 3 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 6. Legal Distances [500 - 559] ( Chapter 6 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    The distance from the county seat of San Mateo County to Sacramento is 119 miles.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. SEAT OF GOVERNMENT, POLITICAL DIVISIONS, AND LEGAL DISTANCES [450 - 559] ( Division 3 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 6. Legal Distances [500 - 559] ( Chapter 6 enacted by Stats. 1943, Ch. 134. ) ## 542. From the county seat of San Mateo County to Sacramento it is one hundred and nineteen (119) miles. (Enacted by Stats. 1943, Ch. 134.)
  108. 54201.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 7. Purchases of Supplies and Equipment by Local Agencies [54201 - 54205] ( Heading of Article 7 renumbered from Article 6 by Stats. 1961, Ch. 84. )

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    This section defines “local agency” for this article.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 7. Purchases of Supplies and Equipment by Local Agencies [54201 - 54205] ( Heading of Article 7 renumbered from Article 6 by Stats. 1961, Ch. 84. ) ## 54201. As used in this article, the term “local agency” means every city, county, city and county, district, or any other local governmental body or corporation empowered to expend public funds for the acquisition of property. (Added by Stats. 1957, Ch. 1912.)
  109. 54202.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 7. Purchases of Supplies and Equipment by Local Agencies [54201 - 54205] ( Heading of Article 7 renumbered from Article 6 by Stats. 1961, Ch. 84. )

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    Every local agency must adopt policies and procedures, including bidding regulations, for purchasing supplies and equipment, and follow those policies and applicable law.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 7. Purchases of Supplies and Equipment by Local Agencies [54201 - 54205] ( Heading of Article 7 renumbered from Article 6 by Stats. 1961, Ch. 84. ) ## 54202. Every local agency shall adopt policies and procedures, including bidding regulations, governing purchases of supplies and equipment by the local agency. Purchases of supplies and equipment by the local agency shall be in accordance with said duly adopted policies and in accordance with all provisions of law governing same. No policy, procedure, or regulation shall be adopted which is inconsistent or in conflict with statute. (Added by Stats. 1957, Ch. 1912.)
  110. 54203.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 7. Purchases of Supplies and Equipment by Local Agencies [54201 - 54205] ( Heading of Article 7 renumbered from Article 6 by Stats. 1961, Ch. 84. )

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    Certain local agencies must adopt the Section 54202 policies by ordinance, using the manner required by law or their charter.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 7. Purchases of Supplies and Equipment by Local Agencies [54201 - 54205] ( Heading of Article 7 renumbered from Article 6 by Stats. 1961, Ch. 84. ) ## 54203. If the local agency is a city, a county, or a city and county, the policies provided for in Section 54202 shall be adopted by ordinance in the manner provided by law or by charter, as the case may be. (Added by Stats. 1957, Ch. 1912.)
  111. 54204.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 7. Purchases of Supplies and Equipment by Local Agencies [54201 - 54205] ( Heading of Article 7 renumbered from Article 6 by Stats. 1961, Ch. 84. )

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    Certain local agencies must adopt the Section 54202 policies by written rule or regulation, and the copies must be available for public distribution.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 7. Purchases of Supplies and Equipment by Local Agencies [54201 - 54205] ( Heading of Article 7 renumbered from Article 6 by Stats. 1961, Ch. 84. ) ## 54204. If the local agency is other than a city, county, or city and county, the policies provided for in Section 54202 shall be adopted by means of a written rule or regulation, copies of which shall be available for public distribution. (Added by Stats. 1957, Ch. 1912.)
  112. 54205.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 7. Purchases of Supplies and Equipment by Local Agencies [54201 - 54205] ( Heading of Article 7 renumbered from Article 6 by Stats. 1961, Ch. 84. )

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    Any local agency may ask the Department of General Services to buy materials, equipment, or supplies on its behalf.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 7. Purchases of Supplies and Equipment by Local Agencies [54201 - 54205] ( Heading of Article 7 renumbered from Article 6 by Stats. 1961, Ch. 84. ) ## 54205. Any local agency may request the Department of General Services to make purchases of materials, equipment, or supplies on its behalf in accordance with Section 10298 of the Public Contract Code. (Amended by Stats. 2001, Ch. 176, Sec. 18. Effective January 1, 2002.)
  113. 54220.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 8. Surplus Land [54220 - 54234] ( Heading of Article 8 amended by Stats. 1982, Ch. 1442, Sec. 1. )

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    This section says surplus government land should be made available before disposal for housing, parks and recreation, open space, and affordable housing near transit, and it does not apply to surplus residential property.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 8. Surplus Land [54220 - 54234] ( Heading of Article 8 amended by Stats. 1982, Ch. 1442, Sec. 1. ) ## 54220. (a) The Legislature reaffirms its declaration that housing is of vital statewide importance to the health, safety, and welfare of the residents of this state and that provision of a decent home and a suitable living environment for every Californian is a priority of the highest order. The Legislature further declares that a shortage of sites available for housing for persons and families of low and moderate income is a barrier to addressing urgent statewide housing needs and that surplus government land, prior to disposition, should be made available for that purpose. (b) The Legislature reaffirms its belief that there is an identifiable deficiency in the amount of land available for recreational purposes and that surplus land, prior to disposition, should be made available for park and recreation purposes or for open-space purposes. This article shall not apply to surplus residential property as defined in Section 54236. (c) The Legislature reaffirms its declaration of the importance of appropriate planning and development near transit stations, to encourage the clustering of housing and commercial development around such stations. Studies of transit ridership in California indicate that a higher percentage of persons who live or work within walking distance of major transit stations utilize the transit system more than those living elsewhere, and that lower income households are more likely to use transit when living near a major transit station than higher income households. The sale or lease of surplus land at less than fair market value to facilitate the creation of affordable housing near transit is consistent with goals and objectives to achieve optimal transportation use. The Legislature also notes that the Federal Transit Administration gives priority for funding of rail transit proposals to areas that are implementing higher density, mixed-use, and affordable development near major transit stations. (Amended by Stats. 2019, Ch. 664, Sec. 1. (AB 1486) Effective January 1, 2020.)
  114. 54221.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 8. Surplus Land [54220 - 54234] ( Heading of Article 8 amended by Stats. 1982, Ch. 1442, Sec. 1. )

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    This section defines key surplus-land terms and says local agencies generally must declare land surplus or exempt surplus before disposing of it.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 8. Surplus Land [54220 - 54234] ( Heading of Article 8 amended by Stats. 1982, Ch. 1442, Sec. 1. ) ## 54221. As used in this article, the following definitions shall apply: (a) (1) “Local agency” means every city, whether organized under general law or by charter, county, city and county, district, including school, sewer, water, utility, and local and regional park districts of any kind or class, joint powers authority, successor agency to a former redevelopment agency, housing authority, or other political subdivision of this state and any instrumentality thereof that is empowered to acquire and hold real property. (2) The Legislature finds and declares that the term “district” as used in this article includes all districts within the state, including, but not limited to, all special districts, sewer, water, utility, and local and regional park districts, and any other political subdivision of this state that is a district, and therefore the changes in paragraph (1) made by the act adding this paragraph that specify that the provisions of this article apply to all districts, including school, sewer, water, utility, and local and regional park districts of any kind or class, are declaratory of, and not a change in, existing law. (b) (1) “Surplus land” means land owned in fee simple by any local agency for which the local agency’s governing body takes formal action in a regular public meeting declaring that the land is surplus and is not necessary for the agency’s use. Land shall be declared either “surplus land” or “exempt surplus land,” as supported by written findings, before a local agency may take any action to dispose of it consistent with an agency’s policies or procedures. A local agency, on an annual basis, may declare multiple parcels as “surplus land” or “exempt surplus land.” (2) “Surplus land” includes land held in the Community Redevelopment Property Trust Fund pursuant to Section 34191.4 of the Health and Safety Code and land that has been designated in the long-range property management plan approved by the Department of Finance pursuant to Section 34191.5 of the Health and Safety Code, either for sale or for future development, but does not include any specific disposal of land to an identified entity described in the plan. (3) Nothing in this article prevents a local agency from obtaining fair market value for the disposition of surplus land consistent with Section 54226. (4) Notwithstanding paragraph (1), a local agency is not required to make a declaration at a public meeting for land that is “exempt surplus land” pursuant to subparagraph (A), (B), (E), (K), (L), or (Q) of paragraph (1) of subdivision (f) if the local agency identifies the land in a notice that is published and available for public comment, including notice to the entities identified in subdivision (a) of Section 54222, at least 30 days before the exemption takes effect. (c) (1) Except as provided in paragraph (2), “agency’s use” shall include, but not be limited to, land that is being used, or is planned to be used pursuant to a written plan adopted by the local agency’s governing board, for agency work or operations, including, but not limited to, utility sites, property owned by a port that is used to support logistics uses, watershed property, land being used for conservation purposes, land for demonstration, exhibition, or educational purposes related to greenhouse gas emissions, sites for broadband equipment or wireless facilities, and buffer sites near sensitive governmental uses, including, but not limited to, waste disposal sites, and wastewater treatment plants. “Agency’s use” by a local agency that is a district shall also include land disposed for uses described in subparagraph (B) of paragraph (2). (2) (A) “Agency’s use” shall not include commercial or industrial uses or activities, including nongovernmental retail, entertainment, or office development. Property disposed of for the sole purpose of investment or generation of revenue shall not be considered necessary for the agency’s use. (B) In the case of a local agency that is a district, excepting those whose primary mission or purpose is to supply the public with a transportation system, “agency’s use” may include commercial or industrial uses or activities, including nongovernmental retail, entertainment, or office development or be for the sole purpose of investment or generation of revenue if the agency’s governing body takes action in a public meeting declaring that the use of the site will do one of the following: (i) Directly further the express purpose of agency work or operations. (ii) Be expressly authorized by a statute governing the local agency, provided the district complies with Section 54233.5 if applicable. (d) (1) “Dispose” means either of the following: (A) The sale of the surplus land. (B) The entering of a lease for surplus land, which is for a term longer than 15 years, inclusive of any extension or renewal options included in the terms of the initial lease, entered into on or after January 1, 2024. (2) “Dispose” shall not mean either of the following: (A) The entering of a lease for surplus land, which is for a term of 15 years or less, inclusive of any extension or renewal options included in the terms of the initial lease. (B) The entering of a lease for surplus land on which no development or demolition will occur, regardless of the term of the lease. (e) “Open-space purposes” means the use of land for public recreation, enjoyment of scenic beauty, or conservation or use of natural resources. (f) (1) Except as provided in paragraph (2), “exempt surplus land” means any of the following: (A) Surplus land that is transferred pursuant to Section 25539.4 or 37364. (B) Surplus land that is less than one-half acre in area and is not contiguous to land owned by a state or local agency that is used for open-space or low- and moderate-income housing purposes. (C) Surplus land that a local agency is exchanging for another property necessary for the agency’s use. “Property” may include easements necessary for the agency’s use. (D) Surplus land that a local agency is transferring to another local, state, or federal agency, or to a third-party intermediary for future dedication for the receiving agency’s use, or to a federally recognized California Indian tribe. If the surplus land is transferred to a third-party intermediary, the receiving agency’s use must be contained in a legally binding agreement at the time of transfer to the third-party intermediary. (E) Surplus land that is a former street, right-of-way, or easement, and is conveyed to an owner of an adjacent property. (F) (i) Surplus land that is to be developed for a housing development, which may have ancillary commercial ground floor uses, that restricts 100 percent of the residential units to persons and families of low or moderate income, with at least 75 percent of the residential units restricted to lower income households, as defined in Section 50079.5 of the Health and Safety Code, with an affordable sales price or an affordable rent, as defined in Section 50052.5 or 50053 of the Health and Safety Code, for 55 years for rental housing, 45 years for ownership housing, and 50 years for rental or ownership housing located on tribal trust lands, unless a local ordinance or a federal, state, or local grant, tax credit, or other project financing requires a longer period of affordability, and in no event shall the maximum affordable sales price or rent level be higher than 20 percent below the median market rents or sales prices for the neighborhood in which the site is located. (ii) The requirements of clause (i) shall be contained in a covenant or restriction recorded against the surplus land at the time of sale that shall run with the land and be enforceable against any owner who violates the covenant or restriction and each successor in interest who continues the violation. (G) (i) Surplus land that is subject to a local agency’s open, competitive solicitation or that is put to open, competitive bid by a local agency, provided that all entities identified in subdivision (a) of Section 54222 will be invited to participate in the process, for a housing or a mixed-use development that is more than one acre and less than 10 acres in area, consisting of either a single parcel, or two or more adjacent or non-adjacent parcels combined, that includes not less than 300 residential units, and that restricts at least 25 percent of the residential units to lower income households, as defined in Section 50079.5 of the Health and Safety Code, with an affordable sales price or an affordable rent, as defined in Sections 50052.5 and 50053 of the Health and Safety Code, for 55 years for rental housing, 45 years for ownership housing, and 50 years for rental or ownership housing located on tribal trust lands, unless a local ordinance or a federal, state, or local grant, tax credit, or other project financing requires a longer period of affordability. (ii) The requirements of clause (i) shall be contained in a covenant or restriction recorded against the surplus land at the time of sale that shall run with the land and be enforceable against any owner who violates the covenant or restriction and each successor in interest who continues the violation. (H) (i) Surplus land totaling 10 or more acres, consisting of either a single parcel, or two or more adjacent or non-adjacent parcels combined for disposition to one or more buyers pursuant to a plan or ordinance adopted by the legislative body of the local agency, or a state statute. That surplus land shall be subject to a local agency’s open, competitive solicitation process or put out to open, competitive bid by a local agency, provided that all entities identified in subdivision (a) of Section 54222 will be invited to participate in the process for a housing or mixed-use development. (ii) The aggregate development shall include the greater of the following: (I) Not less than 300 residential units. (II) A number of residential units equal to 10 times the number of acres of the surplus land or 10,000 residential units, whichever is less. (iii) At least 25 percent of the residential units shall be restricted to lower income households, as defined in Section 50079.5 of the Health and Safety Code, with an affordable sales price or an affordable rent pursuant to Sections 50052.5 and 50053 of the Health and Safety Code, for a minimum of 55 years for rental housing, 45 years for ownership housing, and 50 years for rental or ownership housing located on tribal trust lands, unless a local ordinance or a federal, state, or local grant, tax credit, or other project financing requires a longer period of affordability. (iv) If nonresidential development is included in the development pursuant to this subparagraph, at least 25 percent of the total planned units affordable to lower income households shall be made available for lease or sale and permitted for use and occupancy before or at the same time with every 25 percent of nonresidential development made available for lease or sale and permitted for use and occupancy. (v) A violation of this subparagraph is subject to the penalties described in Section 54230.5. Those penalties are in addition to any remedy a court may order for violation of this subparagraph. A local agency shall only dispose of land pursuant to this subparagraph through a disposition and development agreement that includes an indemnification clause that provides that if an action occurs after disposition violates this subparagraph, the person or entity that acquired the property shall be liable for the penalties. (vi) The requirements of clauses (i) to (v), inclusive, shall be contained in a covenant or restriction recorded against the surplus land at the time of sale that shall run with the land and be enforceable against any owner who violates the covenant or restriction and each successor in interest who continues the violation. (I) A mixed-use development, which may include more than one publicly owned parcel, that meets all of the following conditions: (i) The development restricts at least 25 percent of the residential units to lower income households, as defined in Section 50079.5 of the Health and Safety Code, with an affordable sales price or an affordable rent, as defined in Sections 50052.5 and 50053 of the Health and Safety Code, for 55 years for rental housing, 45 years for ownership housing, and 50 years for rental or ownership housing located on tribal trust lands, unless a local ordinance or a federal, state, or local grant, tax credit, or other project financing requires a longer period of affordability. (ii) At least 50 percent of the square footage of the new construction associated with the development is designated for residential use. (iii) The development is not located in an urbanized area, as defined in Section 21094.5 of the Public Resources Code. (J) (i) Surplus land that is subject to a valid legal restriction that is not imposed by the local agency and that makes housing prohibited, unless there is a feasible method to satisfactorily mitigate or avoid the prohibition on the site. A declaration of exemption pursuant to this subparagraph shall be supported by documentary evidence establishing the valid legal restriction. For the purposes of this section, “documentary evidence” includes, but is not limited to, a contract, agreement, deed restriction, statute, regulation, or other writing that documents the valid legal restriction. (ii) Valid legal restrictions include, but are not limited to, all of the following: (I) Existing constraints under ownership rights or contractual rights or obligations that prevent the use of the property for housing, if the rights or obligations were agreed to prior to September 30, 2019. (II) Conservation or other easements or encumbrances that prevent housing development. (III) Existing leases, or other contractual obligations or restrictions, if the terms were agreed to prior to September 30, 2019. (IV) Restrictions imposed by the source of funding that a local agency used to purchase a property, provided that both of the following requirements are met: (ia) The restrictions limit the use of those funds to purposes other than housing. (ib) The proposed disposal of surplus land meets a use consistent with that purpose. (iii) Valid legal restrictions that would make housing prohibited do not include either of the following: (I) An existing nonresidential land use designation on the surplus land. (II) Covenants, restrictions, or other conditions on the property rendered void and unenforceable by any other law, including, but not limited to, Section 714.6 of the Civil Code. (iv) Feasible methods to mitigate or avoid a valid legal restriction on the site do not include a requirement that the local agency acquire additional property rights or property interests belonging to third parties. (K) Surplus land that was granted by the state in trust to a local agency or that was acquired by the local agency for trust purposes by purchase or exchange, and for which disposal of the land is authorized or required subject to conditions established by statute. (L) Land that is subject to either of the following, unless compliance with this article is expressly required: (i) Section 17515, 81192, 81397, 81399, 81420, or 81422 of the Education Code. (ii) Part 14 (commencing with Section 53570) of Division 31 of the Health and Safety Code. (M) Surplus land that is a former military base that was conveyed by the federal government to a local agency, and is subject to Article 8 (commencing with Section 33492.125) of Chapter 4.5 of Part 1 of Division 24 of the Health and Safety Code, provided that all of the following conditions are met: (i) The former military base has an aggregate area greater than five acres, is expected to include a mix of residential and nonresidential uses, and is expected to include no fewer than 1,400 residential units upon completion of development or redevelopment of the former military base. (ii) The affordability requirements for residential units shall be governed by a settlement agreement entered into prior to September 1, 2020. Furthermore, at least 25 percent of the initial 1,400 residential units developed shall be restricted to lower income households, as defined in Section 50079.5 of the Health and Safety Code, with an affordable sales price or an affordable rent, as defined in Sections 50052.5 and 50053 of the Health and Safety Code, for 55 years for rental housing, 45 years for ownership housing, and 50 years for rental or ownership housing located on tribal trust lands, unless a local ordinance or a federal, state, or local grant, tax credit, or other project financing requires a longer period of affordability. (iii) Before disposition of the surplus land, the agency adopts written findings that the land is exempt surplus land pursuant to this subparagraph. (iv) Before disposition of the surplus land, the recipient has negotiated a project labor agreement consistent with the local agency’s project stabilization agreement resolution, as adopted on February 2, 2021, and any succeeding ordinance, resolution, or policy, regardless of the length of the agreement between the local agency and the recipient. (v) The agency includes in the annual report required by paragraph (2) of subdivision (a) of Section 65400 the status of development of residential units on the former military base, including the total number of residential units that have been permitted and what percentage of those residential units are restricted for persons and families of low or moderate income, or lower income households, as defined in Section 50079.5 of the Health and Safety Code. A violation of this subparagraph is subject to the penalties described in Section 54230.5. Those penalties are in addition to any remedy a court may order for violation of this subparagraph or the settlement agreement. (N) Real property that is used by a district for an agency’s use expressly authorized in subdivision (c). (O) Land that has been transferred before June 30, 2019, by the state to a local agency pursuant to Section 32667 of the Streets and Highways Code and has a minimum planned residential density of at least 100 dwelling units per acre, and includes 100 or more residential units that are restricted to persons and families of low or moderate income, with an affordable sales price or an affordable rent, as defined in Sections 50052.5 and 50053 of the Health and Safety Code, for 55 years for rental housing, 45 years for ownership housing, and 50 years for rental or ownership housing located on tribal trust lands, unless a local ordinance or a federal, state, or local grant, tax credit, or other project financing requires a longer period of affordability. For purposes of this subparagraph, not more than 20 percent of the affordable units may be restricted to persons and families of moderate income and at least 80 percent of the affordable units must be restricted to lower income households as defined in Section 50079.5 of the Health and Safety Code. (P) (i) Land that meets the following conditions: (I) Land that is subject to a sectional planning area document that meets both of the following: (ia) The sectional planning area was adopted prior to January 1, 2019. (ib) The sectional planning area document is consistent with county and city general plans applicable to the land. (II) The land identified in the adopted sectional planning area document was dedicated prior to January 1, 2019. (III) On January 1, 2019, the parcels on the land met at least one of the following conditions: (ia) The land was subject to an irrevocable offer of dedication of fee interest requiring the land to be used for a specified purpose. (ib) The land was acquired through a land exchange subject to a land offer agreement that grants the land’s original owner the right to repurchase the land acquired by the local agency pursuant to the agreement if the land will not be developed in a manner consistent with the agreement. (ic) The land was subject to a grant deed specifying that the property shall be used for educational uses and limiting other types of uses allowed on the property. (IV) At least 25 percent of the units are dedicated to lower income households, as defined in Section 50079.5 of the Health and Safety Code, at an affordable rent, as defined by Section 50053 of the Health and Safety Code, or an affordable housing cost, as defined by Section 50052.5 of the Health and Safety Code, and subject to a recorded deed restriction for a period of 55 years for rental units and 45 years for owner-occupied units, unless a local ordinance or a federal, state, or local grant, tax credit, or other project financing requires a longer period of affordability. (V) The land is developed at an average density of at least 10 units per acre, calculated with respect to the entire sectional planning area. (VI) No more than 25 percent of the nonresidential square footage identified in the sectional planning area document receives its first certificate of occupancy before at least 25 percent of the residential square footage identified in the sectional planning area document has received its first certificate of occupancy. (VII) No more than 50 percent of the nonresidential square footage identified in the sectional planning area document receives its first certificate of occupancy before at least 50 percent of the residential square footage identified in the sectional planning area document has received its first certificate of occupancy. (VIII) No more than 75 percent of the nonresidential square footage identified in the sectional planning area document shall receive its first certificate of occupancy before at least 75 percent of the residential square footage identified in the sectional planning area document has received its first certificate of occupancy. (ii) The local agency includes in the annual report required by paragraph (2) of subdivision (a) of Section 65400 the status of development, including the total square footage of the residential and nonresidential development, the number of residential units that have been permitted, and what percentage of those residential units are restricted for persons and families of low or moderate income, or lower income households, as defined in Section 50079.5 of the Health and Safety Code. (iii) The Department of Housing and Community Development may request additional information from the agency regarding land disposed of pursuant to this subparagraph. (iv) At least 30 days prior to disposing of land declared “exempt surplus land,” a local agency shall provide the Department of Housing and Community Development a written notification of its declaration and findings in a form prescribed by the Department of Housing and Community Development. Within 30 days of receipt of the written notification and findings, the department shall notify the local agency if the department has determined that the local agency is in violation of this article. A local agency that fails to submit the written notification and findings shall be liable for a civil penalty pursuant to this subparagraph. A local agency shall not be liable for the civil penalty 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 written notification and findings. Once the department determines that the declarations and findings comply with subclauses (I) to (IV), inclusive, of clause (i), the local agency may proceed with disposal of land pursuant to this subparagraph. This clause is declaratory of, and not a change in, existing law. (v) If the local agency disposes of land in violation of this subparagraph, the local agency shall be liable for a civil penalty calculated as follows: (I) For a first violation, 30 percent of the greater of the final sale price or the fair market value of the land at the time of disposition. (II) For a second or subsequent violation, 50 percent of the greater of the final sale price or the fair market value of the land at the time of disposition. (III) For purposes of this subparagraph, fair market value shall be determined by an independent appraisal of the land. (IV) An action to enforce this subparagraph may be brought by any of the following: (ia) An entity identified in subdivisions (a) to (e), inclusive, of Section 54222. (ib) A person who would have been eligible to apply for residency in affordable housing had the agency not violated this section. (ic) A housing organization, as that term is defined in Section 65589.5. (id) A beneficially interested person or entity. (ie) The Department of Housing and Community Development. (V) A penalty assessed pursuant to this subparagraph shall, except as otherwise provided, be deposited into a local housing trust fund. The local agency may elect to instead deposit the penalty moneys into the Building Homes and Jobs Trust Fund or the Housing Rehabilitation Loan Fund. Penalties shall not be paid out of funds already dedicated to affordable housing, including, but not limited to, Low and Moderate Income Housing Asset Funds, funds dedicated to housing for very low, low-, and moderate-income households, and federal HOME Investment Partnerships Program and Community Development Block Grant Program funds. The local agency shall commit and expend the penalty moneys deposited into the local housing trust fund within five years of deposit for the sole purpose of financing newly constructed housing units that are affordable to extremely low, very low, or low-income households. (VI) Five years after deposit of the penalty moneys into the local housing trust fund, if the funds have not been expended, the funds shall revert to the state and be deposited in the Building Homes and Jobs Trust Fund or the Housing Rehabilitation Loan Fund for the sole purpose of financing newly constructed housing units located in the same jurisdiction as the surplus land and that are affordable to extremely low, very low, or low-income households. Expenditure of any penalty moneys deposited into the Building Homes and Jobs Trust Fund or the Housing Rehabilitation Loan Fund pursuant to this subdivision shall be subject to appropriation by the Legislature. (vi) For purposes of this subparagraph, the following definitions apply: (I) “Sectional planning area” means an area composed of identifiable planning units, within which common services and facilities, a strong internal unity, and an integrated pattern of land use, circulation, and townscape planning are readily achievable. (II) “Sectional planning area document” means a document or plan that sets forth, at minimum, a site utilization plan of the sectional planning area and development standards for each land use area and designation. (vii) This subparagraph shall become inoperative on January 1, 2034. (Q) Land that is owned by a California public-use airport on which residential uses are prohibited pursuant to Federal Aviation Administration Order 5190.6B, Airport Compliance Program, Chapter 20 -- Compatible Land Use and Airspace Protection. (R) Land that is transferred to a community land trust, and all of the following conditions are met: (i) The property is being or will be developed or rehabilitated as any of the following: (I) An owner-occupied single-family dwelling. (II) An owner-occupied unit in a multifamily dwelling. (III) A member-occupied unit in a limited equity housing cooperative. (IV) A rental housing development. (ii) Improvements on the property are or will be available for use and ownership or for rent by qualified persons, as defined in paragraph (6) of subdivision (c) of Section 214.18 of the Revenue and Taxation Code. (iii) (I) A deed restriction or other instrument, requiring a contract or contracts serving as an enforceable restriction on the sale or resale value of owner-occupied units or on the affordability of rental units is recorded on or before the lien date following the acquisition of the property by the community land trust. (II) For the purpose of this clause, the following definitions apply: (ia) “A contract or contracts serving as an enforceable restriction on the sale or resale value of owner-occupied units” means a contract described in paragraph (11) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code. (ib) “A contract or contracts serving as an enforceable restriction on the affordability of rental units” means an enforceable and verifiable agreement with a public agency, a recorded deed restriction, or other legal document described in subparagraph (A) of paragraph (2) of subdivision (g) of Section 214 of the Revenue and Taxation Code. (iv) A copy of the deed restriction or other instrument shall be provided to the assessor. (S) (i) For local agencies whose primary mission or purpose is to supply the public with a transportation system, surplus land that is developed for commercial or industrial uses or activities, including nongovernmental retail, entertainment, or office development or for the sole purpose of investment or generation of revenue, if the agency meets all of the following conditions: (I) The agency has an adopted land use plan or policy that designates at least 50 percent of the gross acreage covered by the adopted land use plan or policy for residential purposes. The adopted land use plan or policy shall also require the development of at least 300 residential units, or at least 10 residential units per gross acre, averaged across all land covered by the land use plan or policy, whichever is greater. (II) The agency has an adopted land use plan or policy that requires at least 25 percent of all residential units to be developed on the parcels covered by the adopted land use plan or policy made available to lower income households, as defined in Section 50079 of the Health and Safety Code, at an affordable sales price or rented at an affordable rent, as defined in Sections 50052.5 and 50053 of the Health and Safety Code, for 55 years for rental housing and 45 years for ownership housing, unless a local ordinance or the terms of a federal, state, or local grant, tax credit, or other project financing requires a longer period of affordability. These terms shall be included in the land use plan or policy and dictate that they will be contained in a covenant or restriction recorded against the surplus land at the time of disposition that shall run with the land and be enforceable against any owner or lessee who violates the covenant or restriction and each successor in interest who continues the violation. (III) Land disposed of for residential purposes shall issue a competitive request for proposals subject to the local agency’s open, competitive solicitation process or put out to open, competitive bid by the local agency, provided that all entities identified in subdivision (a) of Section 54222 are invited to participate. (IV) Prior to entering into an agreement to dispose of a parcel for nonresidential development on land designated for the purposes authorized pursuant to this subparagraph in an agency’s adopted land use plan or policy, the agency, since January 1, 2020, must have entered into an agreement to dispose of a minimum of 25 percent of the land designated for affordable housing pursuant to subclause (II). (ii) The agency may exempt at one time all parcels covered by the adopted land use plan or policy pursuant to this subparagraph. (2) Notwithstanding paragraph (1), a written notice of the availability of surplus land for open-space purposes shall be sent to the entities described in subdivision (b) of Section 54222 before disposing of the surplus land, provided the land does not meet the criteria in subparagraph (H) of paragraph (1), if the land is any of the following: (A) Within a coastal zone. (B) Adjacent to a historical unit of the State Parks System. (C) Listed on, or determined by the State Office of Historic Preservation to be eligible for, the National Register of Historic Places. (D) Within the Lake Tahoe region as defined in Section 66905.5. (g) “Persons and families of low or moderate income” has the same meaning as provided in Section 50093 of the Health and Safety Code. (Amended by Stats. 2025, Ch. 22, Sec. 7. (AB 130) Effective June 30, 2025.)
  115. 54222.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 8. Surplus Land [54220 - 54234] ( Heading of Article 8 amended by Stats. 1982, Ch. 1442, Sec. 1. )

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    A local agency selling surplus land must give written notices of availability before disposing of the land or negotiating its disposal, and a would-be buyer or lessee must notify the agency in writing within 60 days after notice is sent.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 8. Surplus Land [54220 - 54234] ( Heading of Article 8 amended by Stats. 1982, Ch. 1442, Sec. 1. ) ## 54222. Except as provided in Division 23 (commencing with Section 33000) of the Public Resources Code, any local agency disposing of surplus land, declared pursuant to subdivision (b) of Section 54221, shall send, before disposing of that property or participating in negotiations to dispose of that property with a prospective transferee, a written notice of availability of the property to all of the following: (a) (1) A written notice of availability for developing low- and moderate-income housing shall be sent to any local public entity, as defined in Section 50079 of the Health and Safety Code, that has jurisdiction where the surplus land is located. Housing sponsors, as defined by Section 50074 of the Health and Safety Code, that have notified the Department of Housing and Community Development of their interest in surplus land shall be sent a notice of availability for the purpose of developing low- and moderate-income housing. All notices shall be sent by electronic mail, or by certified mail, and shall include the location and a description of the property. (2) The Department of Housing and Community Development shall maintain on its internet website an up-to-date listing of, and a link to, all notices of availability throughout the state and a listing of all entities, including housing sponsors, that have notified the department of their interest in surplus land for the purpose of developing low- and moderate-income housing. (b) A written notice of availability for open-space purposes shall be sent as follows: (1) To any park or recreation department of any city within which the surplus land is located. (2) To any park or recreation department of the county within which the surplus land is located. (3) To any regional park authority having jurisdiction within the area in which the surplus land is located. (4) To the Natural Resources Agency or any agency that may succeed to its powers. (c) A written notice of availability of land suitable for school facilities construction or use by a school district for open-space purposes shall be sent to any school district that has jurisdiction where the surplus land is located. (d) A written notice of availability for developing property located within an infill opportunity zone designated pursuant to Section 65088.4 or within an area covered by a transit village plan adopted pursuant to the Transit Village Development Planning Act of 1994 (Article 8.5 (commencing with Section 65460) of Chapter 3 of Division 1 of Title 7) shall be sent to any county, city, city and county, successor agency to a former redevelopment agency, public transportation agency, or housing authority within whose jurisdiction the surplus land is located. (e) The entity desiring to purchase or lease the surplus land for any of the purposes authorized by this section shall notify in writing the disposing agency of its interest in purchasing or leasing the land within 60 days after the agency’s notice of availability is sent via certified mail or provided via electronic mail. (f) For the purposes of this section, “participating in negotiations” does not include the any of the following: (1) The commissioning of appraisals, due diligence prior to disposition, discussions with brokers or real estate agents not representing a potential buyer, or other studies to determine value or best use of land, issuance of a request for qualifications, development of marketing materials, or discussions conducted exclusively among local agency employees and elected officials. (2) Issuing a request for proposals or request for qualifications to the entities in subdivision (a) of this section for the purposes of complying with subparagraphs (A), (F), (G), (H), or (I) of paragraph (1) of subdivision (f) of Section 54221. (3) Negotiating a lease, exclusive negotiating agreement, or option agreement for the purposes of complying with subparagraphs (A), (F), (G), (H), or (I) of paragraph (1) of subdivision (f) of Section 54221. (4) Negotiating with a developer to determine if the local agency can satisfy the disposal exemption requirements described in paragraph (2) of subdivision (d) of Section 54221. (Amended by Stats. 2024, Ch. 494, Sec. 6. (SB 1514) Effective January 1, 2025.)
  116. 54222.3.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 8. Surplus Land [54220 - 54234] ( Heading of Article 8 amended by Stats. 1982, Ch. 1442, Sec. 1. )

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    This article does not apply to disposal of exempt surplus land by a state agency or local agency.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 8. Surplus Land [54220 - 54234] ( Heading of Article 8 amended by Stats. 1982, Ch. 1442, Sec. 1. ) ## 54222.3. This article shall not apply to the disposal of exempt surplus land as defined in Section 54221 by an agency of the state or any local agency. (Amended by Stats. 2019, Ch. 664, Sec. 4. (AB 1486) Effective January 1, 2020.)
  117. 54222.3.1.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 8. Surplus Land [54220 - 54234] ( Heading of Article 8 amended by Stats. 1982, Ch. 1442, Sec. 1. )

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    A qualifying city may dispose of surplus land for certain housing uses, but it must meet housing-element and prohousing conditions, and related work can trigger prevailing-wage, project-labor, reporting, and penalty rules.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 8. Surplus Land [54220 - 54234] ( Heading of Article 8 amended by Stats. 1982, Ch. 1442, Sec. 1. ) ## 54222.3.1. (a) Subject to subdivisions (b) to (f), inclusive, this article shall not apply to the disposal of land by a city with a population exceeding 2,500,000 for use for any of the following purposes: (1) A Low Barrier Navigation Center, as defined in Section 65660. (2) Supportive housing, as defined in Section 50675.14 of the Health and Safety Code. (3) Transitional housing, as defined in subdivision (j) of Section 65582, for youth and young adults. For purposes of this paragraph, “youth and young adults” means persons between 12 and 24 years of age, inclusive, and includes persons who are pregnant and parenting. (4) Affordable housing. For purposes of this paragraph, “affordable housing” means a housing development with 100 percent of all units in the development, but exclusive of a manager’s unit or units, sold or rented to lower income households, as defined by Section 50079.5 of the Health and Safety Code, or an affordable rent set in an amount consistent with the rent limits established by the California Tax Credit Allocation Committee, except that up to 20 percent of the units in the development may be for moderate-income households, as defined in Section 50053 of the Health and Safety Code, or an affordable rent set in an amount consistent with the rent limits established by the California Tax Credit Allocation Committee. (b) Before land described in subdivision (a) is disposed of the city shall meet both of the following requirements: (1) The city shall have a housing element that is compliant with law, including, but not limited to, Chapter 3 (commencing with Section 65100) of Division 1 of Title 7, as determined by the Department of Housing and Community Development. (2) The city shall be designated prohousing pursuant to subdivision (c) of Section 65589.9. (c) (1) If a city disposes of land pursuant to this section and the development is not in its entirety a public work for purposes of Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code, construction and rehabilitation work on the land shall meet all of the following conditions: (A) All construction workers employed in the execution of the development shall be paid at least the general prevailing rate of per diem wages for the type of work and geographic area, as determined by the Director of Industrial Relations pursuant to Sections 1773 and 1773.9 of the Labor Code, except that apprentices registered in programs approved by the Chief of the Division of Apprenticeship Standards may be paid at least the applicable apprentice prevailing rate. (B) The project sponsor shall ensure that the prevailing wage requirement is included in all contracts for the performance of the work for those portions of the development that are not a public work. (C) All contractors and subcontractors for those portions of the development that are not a public work shall comply with both of the following: (i) Pay to all construction workers employed in the execution of the work at least the general prevailing rate of per diem wages, except that apprentices registered in programs approved by the Chief of the Division of Apprenticeship Standards may be paid at least the applicable apprentice prevailing rate. (ii) Maintain and verify payroll records pursuant to Section 1776 of the Labor Code and make those records available for inspection and copying as provided in that section. This clause does not apply if all contractors and subcontractors performing work on the development are subject to a project labor agreement that requires the payment of prevailing wages to all construction workers employed in the execution of the development and provides for enforcement of that obligation through an arbitration procedure. For purposes of this clause, “project labor agreement” has the same meaning as set forth in paragraph (1) of subdivision (b) of Section 2500 of the Public Contract Code. (2) (A) The obligation of the contractors and subcontractors to pay prevailing wages pursuant to this subdivision may be enforced by any of the following: (i) The Labor Commissioner through the issuance of a civil wage and penalty assessment pursuant to Section 1741 of the Labor Code, which may be reviewed pursuant to Section 1742 of the Labor Code, within 18 months after the completion of the development. (ii) An underpaid worker through an administrative complaint or civil action. (iii) A joint labor-management committee through a civil action under Section 1771.2 of the Labor Code. (B) If a civil wage and penalty assessment is issued pursuant to this paragraph, the contractor, subcontractor, and surety on a bond or bonds issued to secure the payment of wages covered by the assessment shall be liable for liquidated damages pursuant to Section 1742.1 of the Labor Code. (C) This paragraph does not apply if all contractors and subcontractors performing work on the development are subject to a project labor agreement that requires the payment of prevailing wages to all construction workers employed in the execution of the development and provides for enforcement of that obligation through an arbitration procedure. For purposes of this subparagraph, “project labor agreement” has the same meaning as set forth in paragraph (1) of subdivision (b) of Section 2500 of the Public Contract Code. (3) Notwithstanding subdivision (c) of Section 1773.1 of the Labor Code, the requirement that employer payments not reduce the obligation to pay the hourly straight time or overtime wages found to be prevailing does not apply to those portions of the development that are not a public work if otherwise provided in a bona fide collective bargaining agreement covering the worker. (4) The requirement of this subdivision to pay at least the general prevailing rate of per diem wages does not preclude use of an alternative workweek schedule adopted pursuant to Section 511 or 514 of the Labor Code. (d) A city may dispose of land pursuant to this section for a project involving construction or rehabilitation of 40 or more housing units only if the work will be subject to a project labor agreement. For purposes of this subdivision, “project labor agreement” has the same meaning as in paragraph (1) of subdivision (b) of Section 2500 of the Public Contract Code. This subdivision does not apply to projects for the construction or rehabilitation of low barrier navigation centers pursuant to paragraph (1) of subdivision (a). (e) (1) The Department of Housing and Community Development may request additional information from the city regarding land disposed of pursuant to this section. (2) Notwithstanding subdivision (f), a city that responds to the Department of Housing and Community Development pursuant to this subdivision shall not be liable for a civil penalty if the city is not notified by the Department of Housing and Community Development that the proposed disposal would violate this section within 30 days of receiving the requested information. A city shall have 60 days to cure or correct an alleged violation before an action may be brought to enforce this section, unless the city disposes of the land before curing or correcting the alleged violation, or the department deems the alleged violation not to be a violation in fewer than 60 days. (f) (1) If the city disposes of land in violation of this section, the city shall be liable for a civil penalty calculated as follows: (A) For a first violation, 30 percent of the greater of the final sale price or the fair market value of the land at the time of disposition, or in the case of a lease, the discounted net present value of the fair market value of the lease as of the date the lease was entered into. (B) For a second or subsequent violation, 50 percent of the greater of the final sale price or the fair market value of the land at the time of disposition, or in the case of a lease, the discounted net present value of the fair market value of the lease as of the date the lease was entered into. (2) For purposes of paragraph (1), fair market value shall be determined by an independent appraisal of the land or lease, as applicable. (3) An action to enforce paragraph (1) may be brought by any of the following: (A) An entity identified in subdivisions (a) to (e), inclusive, of Section 54222. (B) A person who would have been eligible to apply for residency in affordable housing had the city not violated this section. (C) A housing organization, as that term is defined in Section 65589.5. (D) A beneficially interested person or entity. (E) The Department of Housing and Community Development. (4) A penalty assessed pursuant to this subdivision shall, except as otherwise provided, be deposited into a local housing trust fund. The city may elect to instead deposit the penalty moneys into the Building Homes and Jobs Trust Fund or the Housing Rehabilitation Loan Fund. Penalties shall not be paid out of funds already dedicated to affordable housing, including, but not limited to, Low and Moderate Income Housing Asset Funds, funds dedicated to housing for very low, low-, and moderate-income households, and federal HOME Investment Partnerships Program and Community Development Block Grant Program funds. The city shall commit and expend the penalty moneys deposited into the local housing trust fund within five years of deposit for the sole purpose of financing newly constructed housing units that are affordable to extremely low, very low, or low-income households. (5) Five years after deposit of the penalty moneys into the local housing trust fund, if the funds have not been expended, the funds shall revert to the state and be deposited in the Building Homes and Jobs Trust Fund or the Housing Rehabilitation Loan Fund for the sole purpose of financing newly constructed housing units located in the same jurisdiction as the surplus land and that are affordable to extremely low, very low, or low-income households. Expenditure of any penalty moneys deposited into the Building Homes and Jobs Trust Fund or the Housing Rehabilitation Loan Fund pursuant to this subdivision shall be subject to appropriation by the Legislature. (g) This section shall not be construed to impose or affect any requirement applicable to disposals of land under any other provision of this article, including, but not limited to, any requirement for notice. (h) This section shall remain in effect only until January 1, 2034, and as of that date is repealed. (Amended by Stats. 2026, Ch. 56, Sec. 1. (SB 1426) Effective June 30, 2026. Repealed as of January 1, 2034, by its own provisions.)
  118. 54222.5.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 8. Surplus Land [54220 - 54234] ( Heading of Article 8 amended by Stats. 1982, Ch. 1442, Sec. 1. )

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    A developer using surplus land for low- and moderate-income housing must set aside at least 25% of units for lower income households and keep them affordable for required periods.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 8. Surplus Land [54220 - 54234] ( Heading of Article 8 amended by Stats. 1982, Ch. 1442, Sec. 1. ) ## 54222.5. An entity proposing to use the surplus land for developing low- and moderate-income housing shall agree to make available not less than 25 percent of the total number of units developed on the parcels at affordable housing cost, as defined in Section 50052.5 of the Health and Safety Code, or affordable rent, as defined in Section 50053 of the Health and Safety Code, to lower income households, as defined in Section 50079.5 of the Health and Safety Code. Rental units shall remain affordable to, and occupied by, lower income households for a minimum of 55 years for rental housing, 45 years for ownership housing, and 50 years for rental or ownership housing located on tribal trust lands. The initial occupants of all ownership units shall be lower income households, and the units shall be subject to an equity sharing agreement consistent with paragraph (2) of subdivision (c) of Section 65915. These requirements shall be contained in a covenant or restriction recorded against the surplus land at the time of sale, that shall run with the land and shall be enforceable, against any owner who violates a covenant or restriction and each successor in interest who continues the violation, by any of the following: (a) The local agency that disposed of the surplus land. (b) A resident of a unit subject to this section. (c) A residents’ association with members who reside in units subject to this section. (d) A former resident of a unit subject to this section who last resided in that unit. (e) An applicant seeking to enforce the covenants or restrictions for a particular unit that is subject to this section, if the applicant conforms to all of the following: (1) Is of low or moderate income, pursuant to Section 50093 of the Health and Safety Code. (2) Is able and willing to occupy that particular unit. (3) Was denied occupancy of that particular unit due to an alleged breach of a covenant or restriction implementing this section. (f) A person on an affordable housing waiting list who is of low or moderate income, pursuant to Section 50093 of the Health and Safety Code, and who is able and willing to occupy a unit subject to this section. (Amended by Stats. 2023, Ch. 788, Sec. 4. (AB 480) Effective January 1, 2024.)
  119. 54223.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 8. Surplus Land [54220 - 54234] ( Heading of Article 8 amended by Stats. 1982, Ch. 1442, Sec. 1. )

    Verify source ↗

    After a notice of interest, the disposing agency and the buyer or tenant must negotiate in good faith for at least 90 days over price and lease or sale terms.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 8. Surplus Land [54220 - 54234] ( Heading of Article 8 amended by Stats. 1982, Ch. 1442, Sec. 1. ) ## 54223. (a) After the disposing agency has received a notice of interest from the entity desiring to purchase or lease the surplus land on terms that comply with this article, the disposing agency and the entity shall enter into good faith negotiations to determine a mutually satisfactory sales price and terms or lease terms. If the price or terms cannot be agreed upon after a good faith negotiation period of not less than 90 days, the local agency may dispose of the surplus land without further regard to this article, except that Section 54233 shall apply. (b) Residential use shall be deemed an acceptable use for the surplus land for the purposes of good faith negotiations with a local agency conducted pursuant to this article. Nothing in this subdivision shall restrict a local jurisdiction’s authority or discretion to approve land use, zoning, or entitlement decisions in connection with the surplus land. Except as provided in subdivision (c), terms agreed to pursuant to the negotiations shall not do any of the following: (1) Disallow residential use of the site as a condition of the disposal. (2) Reduce the allowable number of residential units or the maximum lot coverage below what may be allowed by zoning or general plan requirements. (3) Require as a condition of disposal, any design standards or architectural requirements that would have a substantial adverse effect on the viability or affordability of a housing development for very low, low-, or moderate-income households, other than the minimum standards required by general plan, zoning, and subdivision standards and criteria. (c) Terms agreed to pursuant to the negotiations required by subdivision (a) may include limitations on residential use or density if, without the limitations, the residential use or density would have a specific, adverse impact, supported by written findings, upon the public health or safety or upon the operation or facilities of a local agency, and there is no feasible method to satisfactorily mitigate the impact. (Amended by Stats. 2023, Ch. 788, Sec. 5. (AB 480) Effective January 1, 2024.)
  120. 54224.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 8. Surplus Land [54220 - 54234] ( Heading of Article 8 amended by Stats. 1982, Ch. 1442, Sec. 1. )

    Verify source ↗

    A local agency that buys surplus land under this article may reconvey it to a nonprofit or for-profit housing developer for low- and moderate-income housing, if other law authorizes it.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 8. Surplus Land [54220 - 54234] ( Heading of Article 8 amended by Stats. 1982, Ch. 1442, Sec. 1. ) ## 54224. Nothing in this article shall preclude a local agency that purchases surplus land from a disposing agency pursuant to this article from reconveying the surplus land to a nonprofit or for-profit housing developer for development of low- and moderate-income housing as authorized under other provisions of law. (Amended by Stats. 2023, Ch. 788, Sec. 6. (AB 480) Effective January 1, 2024.)
  121. 54225.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 8. Surplus Land [54220 - 54234] ( Heading of Article 8 amended by Stats. 1982, Ch. 1442, Sec. 1. )

    Verify source ↗

    A local agency may allow the buyer to pay over up to 20 years when it sells surplus land for certain public or housing uses, and longer payment periods are allowed for low- and moderate-income housing if they do not exceed the required housing-use term.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 8. Surplus Land [54220 - 54234] ( Heading of Article 8 amended by Stats. 1982, Ch. 1442, Sec. 1. ) ## 54225. Any local agency disposing of surplus land to an entity described in Section 54222 that intends to use the land for park or recreation purposes, for open-space purposes, for school purposes, or for low- and moderate-income housing purposes may provide for a payment period of up to 20 years in any contract of sale or sale by trust deed for the land. The payment period for surplus land disposed of for housing for persons and families of low and moderate income may exceed 20 years, but the payment period shall not exceed the term that the land is required to be used for low- or moderate-income housing. (Amended by Stats. 2023, Ch. 788, Sec. 7. (AB 480) Effective January 1, 2024.)
  122. 54226.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 8. Surplus Land [54220 - 54234] ( Heading of Article 8 amended by Stats. 1982, Ch. 1442, Sec. 1. )

    Verify source ↗

    This section says the surplus land article does not limit a local agency’s power to sell or lease surplus land, obtain fair market value, approve related land-use decisions, or decide not to dispose of surplus land.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 8. Surplus Land [54220 - 54234] ( Heading of Article 8 amended by Stats. 1982, Ch. 1442, Sec. 1. ) ## 54226. (a) This article shall not be interpreted to limit the power of any local agency to sell or lease surplus land at fair market value or at less than fair market value, and any sale or lease at or less than fair market value consistent with this article shall not be construed as inconsistent with an agency’s purpose. (b) This article shall not prevent a local agency from obtaining fair market value for the disposition of surplus land consistent with this section. (c) This article shall not be interpreted to limit a local agency’s authority or discretion to approve land use, zoning, or entitlement decisions in connection with the surplus land. (d) This article shall not be interpreted to require a local agency to dispose of land that is determined to be surplus. (e) No provision of this article shall be applied when it conflicts with any other provision of statutory law. (Amended by Stats. 2023, Ch. 788, Sec. 8. (AB 480) Effective January 1, 2024.)
  123. 54227.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 8. Surplus Land [54220 - 54234] ( Heading of Article 8 amended by Stats. 1982, Ch. 1442, Sec. 1. )

    Verify source ↗

    A local agency disposing of surplus land must prioritize certain buyers or lessees, with housing uses generally first, but park or recreational uses come first in specified cases.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 8. Surplus Land [54220 - 54234] ( Heading of Article 8 amended by Stats. 1982, Ch. 1442, Sec. 1. ) ## 54227. (a) In the event that any local agency disposing of surplus land receives a notice of interest to purchase or lease that land from more than one of the entities to which notice of availability was given pursuant to this article, the local agency shall give first priority to the entity or entities that agree to use the site for housing that meets the requirements of Section 54222.5. If the local agency receives offers from more than one entity that agrees to meet the requirements of Section 54222.5, then the local agency shall give priority to the entity that proposes to provide the greatest number of units that meet the requirements of Section 54222.5. In the event that more than one entity proposes the same number of units that meet the requirements of Section 54222.5, priority shall be given to the entity that proposes the deepest average level of affordability for the affordable units. A local agency may negotiate concurrently with all entities that provide notice of interest for the purpose of developing low- and moderate-income housing that meets the requirements of Section 54222.5. (b) Notwithstanding subdivision (a), first priority shall be given to an entity that agrees to use the site for park or recreational purposes if the land being offered is already being used and will continue to be used for park or recreational purposes, or if the land is designated for park and recreational use in the local general plan and will be developed for that purpose. (Amended by Stats. 2023, Ch. 788, Sec. 9. (AB 480) Effective January 1, 2024.)
  124. 54230.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 8. Surplus Land [54220 - 54234] ( Heading of Article 8 amended by Stats. 1982, Ch. 1442, Sec. 1. )

    Verify source ↗

    Each city and county must prepare an annual central inventory of certain surplus and excess land and report parcel details to the state housing department.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 8. Surplus Land [54220 - 54234] ( Heading of Article 8 amended by Stats. 1982, Ch. 1442, Sec. 1. ) ## 54230. (a) (1) On or before December 31 of each year, each county and each city shall make a central inventory of all surplus land, as defined in subdivision (b) of Section 54221, and all lands in excess of its foreseeable needs, if any, identified pursuant to Section 50569, located in all urbanized areas and urban clusters, as designated by the United States Census Bureau, within the jurisdiction of the county or city that the county or city or any of its departments, agencies, or authorities owns or controls. (2) (A) Each county and each city shall make a description of each parcel described in paragraph (1) and the present use of the parcel a matter of public record and shall report this information to the Department of Housing and Community Development, in a form prescribed by the department, as part of its annual progress report submitted pursuant to paragraph (2) of subdivision (a) of Section 65400. (B) The information reported pursuant to this paragraph shall include, but not be limited to, the following information with respect to each site: (i) Street address, or similar location information. (ii) Assessor’s parcel number. (iii) Existing use. (iv) Whether the site is surplus land or exempt surplus land. (v) Size in acres. (3) Each county and each city, upon request, shall provide a list of its surplus land and excess surplus land to an individual, limited dividend corporation, housing corporation, or nonprofit corporation without charge. (b) The Department of Housing and Community Development shall provide the information reported to it by a city or county pursuant to paragraph (2) of subdivision (a) to the Department of General Services for inclusion in a digitized inventory of all state-owned parcels that are in excess of state needs. (c) The Department of Housing and Community Development may review, adopt, amend, and repeal standards, forms, and definitions in order to implement this section. Any standards, forms, or definitions adopted, amended, or repealed pursuant to this subdivision are hereby exempt from the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2). (Amended by Stats. 2026, Ch. 56, Sec. 2. (SB 1426) Effective June 30, 2026.)
  125. 54230.5.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 8. Surplus Land [54220 - 54234] ( Heading of Article 8 amended by Stats. 1982, Ch. 1442, Sec. 1. )

    Verify source ↗

    Local agencies must give the housing department required information before finalizing surplus land dispositions and may face penalties if they dispose of surplus land in violation of the article after notice.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 8. Surplus Land [54220 - 54234] ( Heading of Article 8 amended by Stats. 1982, Ch. 1442, Sec. 1. ) ## 54230.5. (a) (1) A local agency that disposes of surplus land in violation of this article after receiving a notification from the Department of Housing and Community Development pursuant to subdivision (b) that the local agency is in violation of this article shall be liable for a penalty of 30 percent of the applicable disposition value for a first violation, and 50 percent for any subsequent violation. These penalties shall not apply to violations that do not impact the availability and priority of, or the construction of, housing affordable to lower income households or the ultimate disposition of the land in compliance with this article, such as clerical errors. An entity identified in Section 54222 or a person who would have been eligible to apply for residency in any affordable housing developed or a housing organization as defined in Section 65589.5, or any beneficially interested person or entity may bring an action to enforce this section. A local agency shall have 60 days to cure or correct an alleged violation before an action may be brought to enforce this section, unless the local agency disposes of the surplus land before curing or correcting the alleged violation, or the department deems the alleged violation not to be a violation in less than 60 days. (2) For the purposes of this section, “disposition value” means: (A) In the case of a sale, the greater of the final sale price of the land or the fair market value of the surplus land at the time of sale, as determined by an independent appraisal of the surplus land sold in violation of this article. (B) In the case of a lease, the discounted net present value of the fair market value of the lease as of the date the lease was entered into, as determined by an independent appraisal of the lease of surplus land in violation of this article. (3) A penalty assessed pursuant to this subdivision shall, except as otherwise provided, be deposited into a local housing trust fund. The local agency may elect to instead deposit the penalty moneys into the Building Homes and Jobs Trust Fund or the Housing Rehabilitation Loan Fund. Penalties shall not be paid out of funds already dedicated to affordable housing, including, but not limited to, Low and Moderate Income Housing Asset Funds, funds dedicated to housing for very low, low-, and moderate-income households, and federal HOME Investment Partnerships Program and Community Development Block Grant Program funds. The local agency shall commit and expend the penalty moneys deposited into the local housing trust fund within five years of deposit for the sole purpose of financing newly constructed housing units that are affordable to extremely low, very low, or low-income households. (4) Five years after deposit of the penalty moneys into the local housing trust fund, if the funds have not been expended, the funds shall revert to the state and be deposited in the Building Homes and Jobs Trust Fund or the Housing Rehabilitation Loan Fund for the sole purpose of financing newly constructed housing units located in the same jurisdiction as the surplus land and that are affordable to extremely low, very low, or low-income households. Expenditure of any penalty moneys deposited into the Building Homes and Jobs Trust Fund or the Housing Rehabilitation Loan Fund pursuant to this subdivision shall be subject to appropriation by the Legislature. (b) (1) Before 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 54222.5, 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 liable for the penalty imposed by subdivision (a) 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 (C) 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 Development’s 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 Development’s findings, or if the Department of Housing and Community Development finds that the local agency’s 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. (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. (Amended by Stats. 2023, Ch. 788, Sec. 11. (AB 480) Effective January 1, 2024.)
  126. 54230.6.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 8. Surplus Land [54220 - 54234] ( Heading of Article 8 amended by Stats. 1982, Ch. 1442, Sec. 1. )

    Verify source ↗

    If a local agency fails to comply with this article, that failure does not invalidate a real property transfer or conveyance to a purchaser or encumbrancer for value.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 8. Surplus Land [54220 - 54234] ( Heading of Article 8 amended by Stats. 1982, Ch. 1442, Sec. 1. ) ## 54230.6. The failure by a local agency to comply with this article shall not invalidate the transfer or conveyance of real property to a purchaser or encumbrancer for value. (Added by Stats. 2019, Ch. 664, Sec. 10. (AB 1486) Effective January 1, 2020.)
  127. 54230.7.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 8. Surplus Land [54220 - 54234] ( Heading of Article 8 amended by Stats. 1982, Ch. 1442, Sec. 1. )

    Verify source ↗

    A local agency disposing of surplus land after a violation notice must hold a public meeting, give the required notice, and wait to take final approval action until the meeting is held.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 8. Surplus Land [54220 - 54234] ( Heading of Article 8 amended by Stats. 1982, Ch. 1442, Sec. 1. ) ## 54230.7. (a) If a local agency is disposing of surplus land and has received a notification from the Department of Housing and Community Development pursuant to Section 54230.5 that it is in violation of this article with regard to the parcel, the local agency shall hold an open and public meeting to review and consider the substance of the notice of violation. In addition to any other applicable notice requirements, the local agency shall provide notice, in the manner prescribed by this section, before the public meeting. The notice shall be disclosed on the local agency’s internet website, if the local agency maintains one, in a conspicuous public place at the offices of the local agency, and to the Department of Housing and Community Development no later than the time of posting required pursuant to Chapter 9 (commencing with Section 54950) for the public meeting at which the notice of violation will be considered. (b) The local agency’s governing body shall not take final action to ratify or approve the proposed disposal of surplus land until a public meeting 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) A local agency is exempt from the requirements of this section if it ceases to dispose of surplus land after receiving a notification from the Department of Housing and Community Development pursuant to Section 54230.5 that it is in violation of this article with regard to surplus land. (Added by Stats. 2023, Ch. 774, Sec. 1. (SB 229) Effective January 1, 2024.)
  128. 54230.8.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 8. Surplus Land [54220 - 54234] ( Heading of Article 8 amended by Stats. 1982, Ch. 1442, Sec. 1. )

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    If the County of Orange or a city in Orange County gets a violation notice about surplus land disposal, it has 60 days to fix it, and it cannot dispose of the parcel until the department says the problem is resolved or not a violation.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 8. Surplus Land [54220 - 54234] ( Heading of Article 8 amended by Stats. 1982, Ch. 1442, Sec. 1. ) ## 54230.8. (a) If the Department of Housing and Community Development, pursuant to Section 54230.5, notifies the County of Orange, or any city located within the County of Orange, that its planned disposal 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 of Housing and Community Development 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 of Housing and Community Development determines that it has complied with this article or deems the alleged violation not to be a violation. (b) (1) A local agency that receives a notice pursuant to subdivision (a) may provide the Department of Housing and Community Development a statement describing the actions taken to cure or correct the alleged violation within 60 days of receipt of the notice. (2) If the Department of Housing and Community Development receives a statement pursuant to paragraph (1), the department shall do both of the following: (A) Determine if the local agency’s actions as described in the statement cure or correct the alleged violation and whether the planned disposal of surplus land would constitute a violation of this article. (B) Notify the local agency of the determinations made pursuant to subparagraph (A) within 30 days of receipt of the statement. (c) This section shall remain in effect only until January 1, 2030, and as of that date is repealed. (Added by Stats. 2023, Ch. 772, Sec. 1. (SB 34) Effective January 1, 2024.)
  129. 54231.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 8. Surplus Land [54220 - 54234] ( Heading of Article 8 amended by Stats. 1982, Ch. 1442, Sec. 1. )

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    A local agency may keep or transfer certain land acquired for highway purposes if the land is no longer needed for highways and is determined to be best used as public park and recreational land.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 8. Surplus Land [54220 - 54234] ( Heading of Article 8 amended by Stats. 1982, Ch. 1442, Sec. 1. ) ## 54231. Land acquired by a local agency for highway purposes through the expenditure of funds allocated pursuant to Chapter 3 (commencing with Section 2100) of Division 3 of the Streets and Highways Code may be retained by the local agency, or transferred to another local agency, for public park and recreational purposes if the land is no longer necessary for highway purposes, and if the local agency having jurisdiction over such land determines that the use of such land for public park and recreational purposes is the highest and best use of the land. (Added by Stats. 1975, Ch. 852.)
  130. 54232.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 8. Surplus Land [54220 - 54234] ( Heading of Article 8 amended by Stats. 1982, Ch. 1442, Sec. 1. )

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    Land kept or transferred for park or recreational use must be developed within 10 years and kept in that use for at least 25 years.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 8. Surplus Land [54220 - 54234] ( Heading of Article 8 amended by Stats. 1982, Ch. 1442, Sec. 1. ) ## 54232. Land retained or transferred for public park and recreational purposes pursuant to Section 54231 shall be developed within 10 years, and shall be used for at least 25 years, following such retention or transfer for such purposes in accordance with the general plan for the city or county in which the land is located. Otherwise, the land shall be sold by the local agency, and the funds received from the sale shall be used for highway purposes. If the land originally had been transferred for such purposes, it shall revert to the original acquiring local agency for such sale. (Added by Stats. 1975, Ch. 852.)
  131. 54233.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 8. Surplus Land [54220 - 54234] ( Heading of Article 8 amended by Stats. 1982, Ch. 1442, Sec. 1. )

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    If a surplus-land project has 10 or more residential units and the agency does not reach price and terms with the noticed entity, at least 15% of the units must be affordable to lower-income households, with long-term affordability and recorded restrictions.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 8. Surplus Land [54220 - 54234] ( Heading of Article 8 amended by Stats. 1982, Ch. 1442, Sec. 1. ) ## 54233. If the local agency does not agree to price and terms with an entity to which notice of availability of land was given pursuant to this article, or if no entity to which a notice of availability was given pursuant to this article responds to that notice, and 10 or more residential units are developed on the property, not less than 15 percent of the total number of residential units developed on the parcels shall be sold or rented at affordable housing cost, as defined in Section 50052.5 of the Health and Safety Code, or affordable rent, as defined in Section 50053 of the Health and Safety Code, to lower income households, as defined in Section 50079.5 of the Health and Safety Code. Rental units shall remain affordable to, and occupied by, lower income households for a period of at least 55 years for rental housing and 45 years for ownership housing. The initial occupants of all ownership units shall be lower income households, and the units shall be subject to an equity sharing agreement consistent with the provisions of paragraph (2) of subdivision (c) of Section 65915. These requirements shall be contained in a covenant or restriction recorded against the surplus land prior to land use entitlement of the project, and the covenant or restriction shall run with the land and shall be enforceable, against any owner who violates a covenant or restriction and each successor in interest who continues the violation, by any of the entities described in subdivisions (a) to (f), inclusive, of Section 54222.5. A local agency shall provide a copy of any restrictions recorded against the property to the Department of Housing and Community Development on a form prescribed by the department. (Amended by Stats. 2019, Ch. 664, Sec. 11. (AB 1486) Effective January 1, 2020.)
  132. 54233.5.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 8. Surplus Land [54220 - 54234] ( Heading of Article 8 amended by Stats. 1982, Ch. 1442, Sec. 1. )

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    Certain district local agencies that dispose of surplus land must reserve part of qualifying housing for lower-income households and record and share the restrictions.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 8. Surplus Land [54220 - 54234] ( Heading of Article 8 amended by Stats. 1982, Ch. 1442, Sec. 1. ) ## 54233.5. If a local agency that is a district, excepting those whose primary mission or purpose is to supply the public with a transportation system, disposes of surplus land where local zoning permits development of 10 or more residential units or is rezoned within five years of the disposal to permit the development of 10 or more residential units, and 10 or more residential units are developed on the property, not less than 15 percent of the total number of residential units developed on the parcel shall be sold or rented at affordable housing cost, as defined in Section 50052.5 of the Health and Safety Code, or affordable rent, as defined in Section 50053 of the Health and Safety Code, to lower income households as defined in Section 50079.5 of the Health and Safety Code. Rental units shall remain affordable to, and occupied by, lower income households for a period of at least 55 years for rental housing and 45 years for ownership housing. The initial occupants of all ownership units shall be lower income households, and the units shall be subject to an equity sharing agreement consistent with the provisions of paragraph (2) of subdivision (c) of Section 65915. These requirements shall be contained in a covenant or restriction recorded against the restriction and each successor in interest who continues the violation, by any of the entities described in subdivisions (a) to (f), inclusive, of Section 54222.5. This section shall not apply to projects as defined in subdivision (j) of Section 32121 of the Health and Safety Code. A local agency shall provide a copy of any restrictions recorded against the property to the Department of Housing and Community Development in a form prescribed by the department. (Added by Stats. 2019, Ch. 664, Sec. 12. (AB 1486) Effective January 1, 2020.)
  133. 54234.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 8. Surplus Land [54220 - 54234] ( Heading of Article 8 amended by Stats. 1982, Ch. 1442, Sec. 1. )

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    This section lets certain preexisting property-disposal agreements keep using the older article rules, and it extends some completion deadlines if there is litigation.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 8. Surplus Land [54220 - 54234] ( Heading of Article 8 amended by Stats. 1982, Ch. 1442, Sec. 1. ) ## 54234. (a) (1) If a local agency, as of September 30, 2019, has entered into an exclusive negotiating agreement or legally binding agreement to dispose of property, the provisions of this article as it existed on December 31, 2019, shall apply, without regard to the changes made to this article by Chapter 664 of the Statutes of 2019, and all subsequent amendments to this article, to the disposition of the property to the party that had entered into such agreement or its successors or assigns, provided the disposition is completed by December 31, 2027. (2) If a local agency, as of September 30, 2019, has entered into an exclusive negotiating agreement or legally binding agreement to dispose of property related to the Metro North Hollywood Joint Development Project, the provisions of this article as it existed on December 31, 2019, shall apply, without regard to the changes made to this article by Chapter 664 of the Statutes of 2019, and all subsequent amendments to this article, to the disposition of the property to the party that had entered into such agreement or its successors or assigns, provided the disposition is completed not later than December 31, 2027. (3) If a local agency, as of September 30, 2019, has issued a competitive request for proposals for the development of property that includes at least 100 residential units and at least 25 percent of the total residential units are restricted to lower income households, as defined in Section 50079.5 of the Health and Safety Code, with an affordable housing cost or an affordable rent, as defined in Sections 50052.5 and 50053 of the Health and Safety Code, for a minimum of 55 years for rental housing and 45 years for ownership housing, the provisions of this article as it existed on December 31, 2019, shall apply, without regard to the changes made to this article by Chapter 664 of the Statutes of 2019, and all subsequent amendments to this article, to the disposition of the property to the party that participated in the competitive request for proposals process, or the party’s successors or assigns, provided a disposition and development agreement for the property is entered into not later than December 31, 2027. A joint development involving multiple parcels shall meet the requirements of this paragraph so long as there was a single competitive request for proposals process and the joint development otherwise meets all the requirements listed in this paragraph. A “disposition and development agreement” means an agreement between the developer and the local agency that binds the developer to construct a specific development and the local agency to dispose of the property if permits and other entitlements for the project are obtained. This paragraph shall not apply to land held in the Community Redevelopment Property Trust Fund pursuant to Section 34191.4 of the Health and Safety Code, or that has been designated in a long-range property management plan pursuant to Section 34191.5 of the Health and Safety Code. If no disposition and development agreement is entered into before December 31, 2027, then future negotiations for and disposition of the property shall be subject to the provisions of this article. (2) The dates specified in paragraphs (1) to (3), inclusive, by which the disposition of property must be completed shall be extended if the disposition of property, the local agency’s right or ability to dispose of the property, or a development project for which the property is proposed to be transferred, is the subject of judicial challenge, by petition for writ of mandate, complaint for declaratory relief or otherwise, to the date that is six months following the final conclusion of such litigation. (b) (1) With respect to land held in the Community Redevelopment Property Trust Fund pursuant to Section 34191.4 of the Health and Safety Code, or that has been designated in a long-range property management plan pursuant to Section 34191.5 of the Health and Safety Code, either for sale or retained for future development, this article as it existed on December 31, 2019, without regard to the changes made to this article by Chapter 664 of the Statutes of 2019, and all subsequent amendments to this article, which take effect on January 1, 2020, shall apply to the disposition of that property if both of the following apply: (A) An exclusive negotiating agreement or legally binding agreement for disposition was entered into not later than December 31, 2020. (B) The disposition is completed not later than December 31, 2027. (2) If land described in paragraph (1) is the subject of litigation, including, but not limited to, litigation challenging the disposition of such property, the right or ability to dispose of the property, or a development project for which such property is proposed to be transferred, the dates specified in paragraph (1) shall be extended to the date that is six months following the final conclusion of such litigation. (c) Nothing in this section shall authorize or excuse any violation of the provisions of this article as it existed on December 31, 2019, in the disposition of any property to which such provisions apply pursuant to subdivision (a) or (b). (d) If a local agency terminated an exclusive negotiating agreement or legally binding agreement to dispose of property pursuant to an earlier, superseded version of subdivision (a) or (b) of this section due to the lapse of a statutory deadline for completing the disposition of property the local agency may, in its sole reasonable discretion, elect whether to ask the party to the terminated exclusive negotiating agreement or legally binding agreement to dispose of property to consider reviving the terminated agreement. If the local agency and other party fully execute an instrument reviving the terminated agreement before January 1, 2024, on substantially the same terms and conditions as the terminated agreement, the revived agreement shall be subject to subdivision (a) or (b), as applicable, of this section. (Amended by Stats. 2023, Ch. 788, Sec. 12. (AB 480) Effective January 1, 2024.)
  134. 54235.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 8.5. Surplus Residential Property [54235 - 54239.6] ( Article 8.5 added by Stats. 1979, Ch. 1116. )

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    This section states legislative findings and purposes about selling surplus residential property to support affordable housing and reduce related environmental effects.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 8.5. Surplus Residential Property [54235 - 54239.6] ( Article 8.5 added by Stats. 1979, Ch. 1116. ) ## 54235. The Legislature reaffirms its finding that the disposition of surplus property owned by public agencies should be utilized to further state policies. The Legislature reaffirms its finding that there exists within the urban and rural areas of the state a serious shortage of decent, safe, and sanitary housing which persons and families of low or moderate income can afford, and consequently a pressing and urgent need for the preservation and expansion of the low- and moderate-income housing supply. The Legislature further reaffirms its finding that highway and other state activities have contributed to the severe shortage of such housing. The Legislature reaffirms that the provision of decent housing for all Californians is a state goal of the highest priority. The Legislature finds and declares that actions of state agencies including the sales of surplus residential properties which result in the loss of decent and affordable housing for persons and families of low or moderate income is contrary to state housing, urban development, and environmental policies and is a significant environmental effect, within the meaning of Article XIX of the California Constitution, which will be mitigated by the sale of surplus residential property pursuant to the provisions of this article. The Legislature further finds and declares that the displacement of large numbers of persons as a result of the sale of surplus residential property owned by agencies of the state is a significant environmental effect, within the meaning of Article XIX of the California Constitution which will be mitigated by sale of such properties pursuant to the provisions of this article. The Legislature further finds and declares that the sale of surplus residential property pursuant to the provisions of this article will directly serve an important public purpose. Wherefore, the Legislature intends by this article to preserve, upgrade and expand the supply of housing available to persons and families of low or moderate income. The Legislature further intends by this article to mitigate the environmental effects, within the meaning of Article XIX, of the California Constitution, caused by highway activities. (Amended by Stats. 1982, Ch. 1367, Sec. 1.)
  135. 54236.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 8.5. Surplus Residential Property [54235 - 54239.6] ( Article 8.5 added by Stats. 1979, Ch. 1116. )

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    This section defines several terms used in the article, including “offer,” “affordable price,” “single-family residence,” “surplus residential property,” “displacement,” “fair market value,” “affordable rent,” “area median income,” “persons and families of low or moderate income,” and “lower income households.”

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 8.5. Surplus Residential Property [54235 - 54239.6] ( Article 8.5 added by Stats. 1979, Ch. 1116. ) ## 54236. (a) As used in this article, the term “offer” means to solicit proposals prior to sale in a manner calculated to achieve a sale under the conditions specified, and to hold the offer open for a reasonable period of time, which shall be no more than one year, unless the time is extended by the selling agency at its discretion, for a period to be specified by the selling agency. (b) As used in this article, the term “affordable price” means, in the case of a purchaser, other than a lower income household, the price for residential property for which the purchaser’s monthly payments will not exceed that portion of the purchasing household’s adjusted income as determined in accordance with the regulations of the United States Department of Housing and Urban Development, issued pursuant to Section 235 of the National Housing Act; and, in the case of a purchaser that is a lower income household, the price for residential property for which the purchaser’s monthly payments will not exceed that portion of the purchasing household’s adjusted income as determined in accordance with the regulations of the United States Department of Housing and Urban Development issued pursuant to Section 8 of the United States Housing Act of 1937. (c) As used in this article, the term “single-family residence” means a real property improvement used, or intended to be used, as a dwelling unit for one family. (d) As used in this article, the term “surplus residential property” means land and structures owned by any agency of the state that is determined to be no longer necessary for the agency’s use, and that is developed as single-family or multifamily housing, except property being held by the agency for the purpose of exchange. Surplus residential properties shall only include land and structures that, at the time of purchase by the state, the state had intended to remove the residences thereon and to use the land for state purposes. (e) As used in this article, the term “displacement” includes, but is not limited to, persons who will have to move from surplus residential property that they occupy when it is sold by a state agency because they are unable to afford to pay the price that the state agency is asking for the residential property. (f) As used in this article, the term “fair market value” shall mean fair market value as of the date the offer of sale is made by the selling agency pursuant to the provisions of this article and shall reflect the existing “as is” condition of the property, taking into account any repairs required to make the property safe and habitable. This definition shall not apply to terms of sale that are described as mitigation measures in an environmental study prepared pursuant to the Public Resources Code if the study was initiated before this measure was enacted. (g) As used in this article, the term “affordable rent” means, in the case of an occupant person or family, other than a person or family of low or moderate income, rent for residential property that is not more than 25 percent of the occupant household’s gross monthly income, and in the case of an occupant person or family of low or moderate income, rent for residential property that is not more than the percentage of the adjusted income of the occupant person or family as permitted under regulations of the United States Department of Housing and Urban Development issued pursuant to Section 8 of the United States Housing Act of 1937, but not in excess of the market rental value for comparable property. (h) As used in this article, the term “area median income” means median household income, adjusted for family size as determined in accordance with the regulations of the United States Department of Housing and Urban Development issued pursuant to Section 235 of the National Housing Act, as amended (Public Law 90-448), for the standard metropolitan statistical area (SMSA), in which surplus residential property to be disposed of pursuant to this article is located, or the county in which the property is located, if it is outside an SMSA. (i) As used in this article, the term “persons and families of low or moderate income” means persons and families who meet both of the following conditions: (1) Meet the definition of persons and families of low or moderate income set forth in Section 50093 of the Health and Safety Code. (2) Have not had an ownership interest in real property in the last three years. (j) As used in this article, the term “lower income households” means lower income households as defined in Section 50079.5 of the Health and Safety Code. (Amended by Stats. 2013, Ch. 468, Sec. 1. (SB 416) Effective January 1, 2014.)
  136. 54237.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 8.5. Surplus Residential Property [54235 - 54239.6] ( Article 8.5 added by Stats. 1979, Ch. 1116. )

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    This section sets a priority order and pricing rules for selling surplus residential and certain nonresidential property, with special protections for former owners, qualifying occupants, tenants in good standing, and low- or moderate-income housing.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 8.5. Surplus Residential Property [54235 - 54239.6] ( Article 8.5 added by Stats. 1979, Ch. 1116. ) ## 54237. (a) Notwithstanding Section 11011.1, an agency of the state disposing of surplus residential property shall do so in accordance with the following priorities and procedures: (1) First, all single-family residences presently occupied by their former owners shall be offered to those former owners at the appraised fair market value. (2) Second, all single-family residences shall be offered, pursuant to this article, to their present occupants who have occupied the property for two years or more and who are persons and families of low or moderate income. (3) Third, all single-family residences shall be offered, pursuant to this article, to their present occupants who have occupied the property for five years or more and whose household income does not exceed 150 percent of the area median income. (4) Fourth, a single-family residence shall not be offered, pursuant to this article, to present occupants who are not the former owners of the property if the present occupants have had an ownership interest in real property in the last three years. (b) Single-family residences offered to their present occupants pursuant to paragraphs (2) and (3) of subdivision (a) shall be offered to those present occupants at an affordable price. The price shall not be less than the price paid by the agency for original acquisition, unless the acquisition price was greater than the current fair market value, and shall not be greater than fair market value. When a single-family residence is offered to present occupants at a price that is less than fair market value, the selling agency shall impose terms, conditions, and restrictions to ensure that the housing will remain available to persons and families of low or moderate income and households with incomes no greater than the incomes of the present occupants in proportion to the area median income. The Department of Housing and Community Development shall provide to the selling agency recommendations of standards and criteria for these prices, terms, conditions, and restrictions. The selling agency shall provide repairs required by lenders and government housing assistance programs, or, at the option of the agency, provide the present occupants with a replacement dwelling pursuant to Section 54237.5. (c) If single-family residences are offered to their present occupants pursuant to paragraphs (2) and (3) of subdivision (a), the occupants shall certify their income and assets to the selling agency. When a single-family residence is offered to present occupants at a price that is less than fair market value, the selling agency may verify the certifications, in accordance with procedures used for verification of incomes of purchasers and occupants of housing financed by the California Housing Finance Agency and with regulations adopted for the verification of assets by the United States Department of Housing and Urban Development. The income and asset limitations and term of residency requirements of paragraphs (2) and (3) of subdivision (a) shall not apply to sales that are described as mitigation measures in an environmental study prepared pursuant to the Public Resources Code, if the study was initiated before this measure was enacted. (d) (1) Except as otherwise provided in paragraph (2), all other surplus residential properties and all properties described in paragraphs (1), (2), and (3) of subdivision (a) that are not purchased by the former owners or the present occupants shall be then offered as follows: (A) Except as required by subparagraph (B), the property shall be offered to a housing-related private or public entity at a reasonable price, which is best suited to economically feasible use of the property as decent, safe, and sanitary housing at affordable rents and affordable prices for persons and families of low or moderate income, on the condition that the purchasing entity shall cause the property to be rehabilitated and used as follows: (i) If the housing-related entity is a public entity, the entity shall dedicate profits realized from a subsequent sale, as specified in subdivision (b) of Section 54237.7, to the construction of affordable housing within the Cities of Pasadena, South Pasadena, Alhambra, La Cañada Flintridge, and the 90032 postal ZIP Code. (ii) If the entity is a private housing-related entity or a housing-related public entity, the entity shall cause the property to be developed as limited equity cooperative housing with first right of occupancy to present occupants, except that where the development of cooperative or cooperatives is not feasible, the purchasing entity shall cause the property to be used for low- and moderate-income rental or owner-occupied housing, with first right of occupancy to the present tenants. The price of the property in no case shall be less than the price paid by the entity for original acquisition unless the acquisition price was greater than current fair market value and shall not be greater than fair market value. Subject to the foregoing, it shall be set at the level necessary to provide housing at affordable rents and affordable prices for present tenants and persons and families of low or moderate income. When residential property is offered at a price that is less than fair market value, the selling agency shall impose terms, conditions, and restrictions that will ensure that the housing will remain available to persons and families of low or moderate income. The Department of Housing and Community Development shall provide to the selling agency recommendations of standards and criteria for prices, terms, conditions, and restrictions. (B) (i) If the property is a historic home, the property shall be offered first to a housing-related public entity subject to clause (i) or (ii) of subparagraph (A) or to a nonprofit private entity dedicated to rehabilitating and maintaining the historic home for public and community access and use subject to clause (ii) of subparagraph (A). (ii) For purposes of this subdivision, “historic home” means single-family surplus residential property that is listed on, or for which an application has been filed for listing on, at least one of the following by January 1, 2015: (I) The California Register of Historical Resources, as established pursuant to Article 2 (commencing with Section 5020) of Chapter 1 of Division 5 of the Public Resources Code. (II) The National Register of Historic Places, as established pursuant to Chapter 3021 of Title 54 of the United States Code. (III) The National Register of Historic Places, as previously established pursuant to the federal National Historic Preservation Act (54 U.S.C. Sec. 300101 et seq.). (2) This subdivision shall not apply to properties offered for sale pursuant to Section 54239.1, 54239.5, or 54239.6. (e) A surplus residential property not sold pursuant to subdivisions (a) to (d), inclusive, or Section 54239.1, 54239.5, or 54239.6, as applicable, shall then be sold at fair market value, with priority given first to purchasers who are present tenants in good standing with all rent obligations current and paid in full, second to former tenants who were in good standing at the time they vacated the premises, with priority given to the most recent tenants first, and then to purchasers who will be owner occupants. The selling agency may commence the sale of property that former tenants may possess a right to purchase as provided by this subdivision 30 days after the selling agency has done both of the following: (1) Posted information regarding the sale under this subdivision on the selling agency’s internet website. (2) Made a good faith effort to provide written notice, by first-class mail, to the last known address of each former tenant. (f) (1) Tenants in good standing of nonresidential properties shall be given priority to purchase, at fair market value, the property they rent, lease, or otherwise legally occupy. (2) (A) A tenant in good standing of a nonresidential property shall be given priority to purchase, at the lesser of fair market value or value in use, if the tenant is a city or a nonprofit organization qualified as exempt under Section 501(c)(3) of the Internal Revenue Code. (B) The Department of Transportation shall not sell a nonresidential property to a tenant described in subparagraph (A) at a value below the minimum sales price, as defined by Section 1476 of Title 21 of the California Code of Regulations as that regulation read on July 1, 2019. (C) If a nonresidential property is offered at a price that is less than fair market value, the selling agency shall impose appropriate terms, conditions, and restrictions. (D) As used in this paragraph, “value in use” means the value of a nonresidential property assuming a specific use, that may or may not be the property’s highest and best use on the effective date of the property’s appraisal. (Amended by Stats. 2024, Ch. 347, Sec. 1. (AB 1038) Effective September 22, 2024.)
  137. 54237.10.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 8.5. Surplus Residential Property [54235 - 54239.6] ( Article 8.5 added by Stats. 1979, Ch. 1116. )

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    The Department of Transportation must file implementing emergency or permanent regulations with the Office of Administrative Law within six months of enactment or amendment.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 8.5. Surplus Residential Property [54235 - 54239.6] ( Article 8.5 added by Stats. 1979, Ch. 1116. ) ## 54237.10. (a) The Legislature finds and declares that the state’s homelessness crisis has compounded the need for affordable housing described in Section 54235. To help mitigate the need for affordable housing and to speed up sales pursuant to this article, the Legislature further finds and declares that an emergency exists for purposes of Sections 11342.545, 11346.1, and 11349.6. (b) The Department of Transportation shall file proposed emergency regulations or permanent regulations with the Office of Administrative Law for adoption to implement this article not later than six months after this article is enacted, or six months after any amendment to this article. (c) Notwithstanding Section 11346.1, the emergency regulations in effect on September 15, 2024, that were adopted to implement this article and that are contained in Chapter 9.5 (commencing with Section 1475) of Division 2 of Title 21 of the California Code of Regulations, including, but not limited to, the regulations adopted pursuant to subdivision (f) of Section 54239.4 as it read on January 1, 2024, and subdivision (e) of Section 54239.5 as it read on January 1, 2024, shall remain in effect until January 31, 2026, or until permanent regulations are adopted, whichever is sooner. (d) Notwithstanding Section 11346.1, any necessary emergency regulations adopted by the Department of Transportation to implement the changes made to this article by the act that added this subdivision shall remain in effect until January 31, 2026, or until permanent regulations are adopted, whichever is sooner. (Amended by Stats. 2024, Ch. 347, Sec. 2. (AB 1038) Effective September 22, 2024.)
  138. 54237.3.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 8.5. Surplus Residential Property [54235 - 54239.6] ( Article 8.5 added by Stats. 1979, Ch. 1116. )

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    The Department of Transportation may offer a residence or property “as is” if a priority buyer requests it, despite the repair requirement in Section 54237(b).

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 8.5. Surplus Residential Property [54235 - 54239.6] ( Article 8.5 added by Stats. 1979, Ch. 1116. ) ## 54237.3. Notwithstanding the requirement to provide repairs in subdivision (b) of Section 54237, the Department of Transportation may offer a residence or property in an “as is” condition at the request of a person given priority to purchase pursuant to paragraphs (2) and (3) of subdivision (a) of Section 54237. (Added by Stats. 2013, Ch. 468, Sec. 3. (SB 416) Effective January 1, 2014.)
  139. 54237.5.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 8.5. Surplus Residential Property [54235 - 54239.6] ( Article 8.5 added by Stats. 1979, Ch. 1116. )

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    The selling agency may offer the present occupants a replacement dwelling instead of repairs if specified conditions are met, and no resident may be displaced to create a replacement unit.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 8.5. Surplus Residential Property [54235 - 54239.6] ( Article 8.5 added by Stats. 1979, Ch. 1116. ) ## 54237.5. Notwithstanding the requirement to provide repairs in subdivision (b) of Section 54237, the selling agency may, at its option, provide the present occupants with a replacement dwelling if all of the following conditions exist: (a) Providing a replacement dwelling is less expensive than providing the repairs required by subdivision (b) of Section 54237. (b) The replacement dwelling is determined to have all of the following characteristics: (1) Is decent, safe, and sanitary. (2) Is suitable to the occupancy needs of the household as provided under regulations of the United States Department of Housing and Urban Development issued pursuant to Section 8 of the United States Housing Act of 1937. (3) Is open to all persons regardless of race, color, religion, sex, or national origin and consistent with requirements of Title VIII of the Civil Rights Act of 1968. (4) Is in an area not generally less desirable than the dwelling to be acquired in regard to public utilities and public and commercial facilities. (5) Is reasonably accessible to the displaced person’s place of employment. (6) Is in an equal or better neighborhood. (7) Is affordable, as defined in subdivision (b) of Section 54236, to the displaced person. (c) The offer is made at an affordable price that is not less than the price paid by the agency for original acquisition of the unit now occupied by the displaced person or the replacement unit, whichever is less, and is not more than market value. (d) The replacement dwelling is a newly constructed or a vacant residential unit. No resident shall be displaced, as defined by Section 7260, for the purpose of creating a replacement unit. (Amended by Stats. 2014, Ch. 298, Sec. 2. (AB 2753) Effective January 1, 2015.)
  140. 54237.7.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 8.5. Surplus Residential Property [54235 - 54239.6] ( Article 8.5 added by Stats. 1979, Ch. 1116. )

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    This section directs how surplus property sale proceeds must be deposited and used, limits the SR-710 account balance, and bars use of the funds for a proposed North State Route 710 tunnel.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 8.5. Surplus Residential Property [54235 - 54239.6] ( Article 8.5 added by Stats. 1979, Ch. 1116. ) ## 54237.7. (a) Notwithstanding Section 183.1 of the Streets and Highways Code, the Department of Transportation shall deposit proceeds from the sale of surplus residential property from the department to a new owner pursuant to this article into the SR-710 Rehabilitation Account, which is hereby created. Notwithstanding Section 13340, funds in the account are hereby continuously appropriated to the department without regard to fiscal years for the purpose of providing repairs required pursuant to subdivision (b) of Section 54237. The total funds maintained in the account shall not exceed one million two hundred thousand dollars ($1,200,000). Funds exceeding that amount, less any reimbursements due to the federal government, shall be transferred to the State Highway Account in the State Transportation Fund to be used for allocation by the California Transportation Commission (commission) exclusively to fund projects located in Pasadena, South Pasadena, Alhambra, La Cañada Flintridge, and the 90032 postal ZIP Code. Projects shall be selected and prioritized by the affected communities in consultation with the Los Angeles County Metropolitan Transportation Authority, pursuant to guidelines developed by the commission. The Los Angeles County Metropolitan Transportation Authority shall submit a proposed program of projects and the commission shall have final authority to approve the projects. Eligible projects may include, but are not limited to: sound walls; transit and rail capital improvements; bikeways; pedestrian improvements; signal synchronization; left turn signals; and major street resurfacing, rehabilitation, and reconstruction. The funds shall not be used to advance or construct any proposed North State Route 710 tunnel. Any funds remaining in the SR-710 Rehabilitation Account on the date that final payment due for the last of the properties repaired has been made, less any reimbursements due to the federal government, shall be transferred to the State Highway Account in the State Transportation Fund, to be used exclusively for the purposes described in this section. (b) Notwithstanding any other law, the net proceeds from a subsequent market sale of surplus residential property sold pursuant to this article at an affordable or reasonable price, as specified in regulations adopted by the department, shall be deposited into the Affordable Housing Trust Account, which is hereby created within the Housing Finance Fund and, notwithstanding Section 13340, continuously appropriated to the California Housing Finance Agency to carry out any activity authorized by Part 3 (commencing with Section 50900) of Division 31 of the Health and Safety Code for the benefit of persons and families of low and moderate income residing exclusively in Pasadena, South Pasadena, Alhambra, La Cañada Flintridge, and the 90032 postal ZIP Code. The priority for the distribution of proceeds from subsequent sales shall be established pursuant to regulations adopted by the department. (Amended by Stats. 2021, Ch. 362, Sec. 2. (SB 381) Effective September 28, 2021.)
  141. 54237.8.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 8.5. Surplus Residential Property [54235 - 54239.6] ( Article 8.5 added by Stats. 1979, Ch. 1116. )

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    For CEQA purposes, certain listed alternatives and any other freeway or tunnel alternatives to close the Interstate 710 North Gap are no longer to be treated as feasible alternatives for environmental review of that project.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 8.5. Surplus Residential Property [54235 - 54239.6] ( Article 8.5 added by Stats. 1979, Ch. 1116. ) ## 54237.8. Notwithstanding any other law, for purposes of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code), the preliminary project alternatives referred to as Alternative F-5, F-6, and F-7 in the December 2012 Alternative Analysis Report of the Los Angeles County Metropolitan Transportation Authority and any other freeway or tunnel alternatives to close the Interstate 710 North Gap shall no longer be deemed as feasible alternatives for consideration in any environmental review process for the Interstate 710 North Gap Closure project, State Clearinghouse number 1982092310. (Amended by Stats. 2019, Ch. 835, Sec. 2. (SB 7) Effective January 1, 2020.)
  142. 54237.9.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 8.5. Surplus Residential Property [54235 - 54239.6] ( Article 8.5 added by Stats. 1979, Ch. 1116. )

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    Property sold under this article cannot be priced below the Department of Transportation’s original acquisition price, except as allowed by subdivision (f) of Section 54237.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 8.5. Surplus Residential Property [54235 - 54239.6] ( Article 8.5 added by Stats. 1979, Ch. 1116. ) ## 54237.9. Notwithstanding any other provision in this article, except for subdivision (f) of Section 54237, the price of property sold pursuant to this article shall not be less than the price paid by the Department of Transportation for original acquisition of the property. The original acquisition price shall not be adjusted for inflation, except as provided in subdivision (f) of Section 54237. (Added by Stats. 2021, Ch. 130, Sec. 4. (SB 51) Effective July 23, 2021.)
  143. 54238.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 8.5. Surplus Residential Property [54235 - 54239.6] ( Article 8.5 added by Stats. 1979, Ch. 1116. )

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    If a buyer of surplus residential property fails to follow the required terms and restrictions, the selling state agency may require payment of the price difference plus 6% interest.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 8.5. Surplus Residential Property [54235 - 54239.6] ( Article 8.5 added by Stats. 1979, Ch. 1116. ) ## 54238. In the event a purchaser of surplus residential property does not comply with terms, conditions, and restrictions imposed pursuant to Section 54237 of this article, to assure that such housing will remain available to persons and families of low or moderate income, the state agencies which sold the property may require that the purchasers pay the state the difference between the actual price paid by the purchaser for the property and the fair market value of such property, at the time of the agency’s determination of noncompliance, plus 6 percent interest on such amount for the period of time the land has been held by the purchaser. This section does not limit the right to seek injunctive relief to enforce the provisions of this article. (Added by Stats. 1979, Ch. 1116.)
  144. 54238.3.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 8.5. Surplus Residential Property [54235 - 54239.6] ( Article 8.5 added by Stats. 1979, Ch. 1116. )

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    This section limits when the article applies to certain surplus residential properties and gives eligible displaced persons relocation assistance, benefits, payments, and review rights. It also requires appointment of a Relocation Liaison for larger disposal projects.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 8.5. Surplus Residential Property [54235 - 54239.6] ( Article 8.5 added by Stats. 1979, Ch. 1116. ) ## 54238.3. (a) This article shall apply only to surplus residential properties which were acquired for a state project, for which at least 20 dwelling units were acquired and owned by the state on January 1, 1980, or on the date the properties were declared to be surplus, whichever date occurs later. For the purpose of this section, a freeway route and its interchanges shall be considered one state project. Except for State Highway Route 7 in Los Angeles County, this article shall not apply to freeway routes rescinded on or after January 1, 1984. (b) Any person who is displaced from any dwelling located on such residential property that is also located within the right-of-way of a freeway route or its interchanges for which the property was declared surplus on or after January 1, 1984, and who occupied that dwelling for at least 90 days prior to the date the property was declared surplus, shall be eligible to receive the relocation advisory assistance provided by Section 7261, the relocation benefits provided by paragraph (1) of subdivision (a) or subdivision (b) of Section 7262, the payments authorized by subdivision (b) or (c) of Section 7264, and the right for review of decision as provided by Section 7266 if the person is forced to relocate from the dwelling, as a direct result of the state agency’s disposal of the excess real property, within 90 days of the recordation of the deed from the state agency to a new owner. (c) Whenever a state surplus residential property disposal project, as described in subdivision (b), includes 50 or more dwelling units, a Relocation Liaison shall be appointed by the Secretary of Transportation. The term of the appointment shall be of sufficient duration for the Relocation Liaison to fulfill the assignment, not to exceed 180 days, and shall begin on the date that the property is declared to be surplus. The Relocation Liaison shall have the following assigned duties and responsibilities: (1) Meet with the eligible persons and explain to them the benefits defined in subdivision (b). (2) In conjunction with the state agency, assist in obtaining replacement housing for eligible persons. (3) Assist eligible persons in completing and processing claims for benefits. The state agency which is disposing of the surplus residential property shall be responsible for underwriting all reasonable costs as determined by the secretary associated with the operation of the Relocation Liaison’s office necessary to perform all duties assigned to it. (Amended by Stats. 2013, Ch. 352, Sec. 307. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  145. 54238.4.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 8.5. Surplus Residential Property [54235 - 54239.6] ( Article 8.5 added by Stats. 1979, Ch. 1116. )

    Verify source ↗

    This article is intended to benefit displaced persons and families and persons and families of low or moderate income, and it should be interpreted to let them enforce the article’s rights, duties, and benefits.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 8.5. Surplus Residential Property [54235 - 54239.6] ( Article 8.5 added by Stats. 1979, Ch. 1116. ) ## 54238.4. This article is intended to benefit persons and families subject to displacement and persons and families of low or moderate income. The article shall be liberally construed to permit such persons or families to enforce the rights, duties, and benefits created by the article. (Added by Stats. 1979, Ch. 1116.)
  146. 54238.5.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 8.5. Surplus Residential Property [54235 - 54239.6] ( Article 8.5 added by Stats. 1979, Ch. 1116. )

    Verify source ↗

    Failure to comply with this article does not invalidate a transfer, sale, or conveyance to a bona fide purchaser for value or an encumbrancer for value.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 8.5. Surplus Residential Property [54235 - 54239.6] ( Article 8.5 added by Stats. 1979, Ch. 1116. ) ## 54238.5. Failure to comply with the provisions of this article shall not invalidate the transfer, sale, or conveyance to a bona fide purchaser for value or an encumbrancer for value. (Added by Stats. 1979, Ch. 1116.)
  147. 54238.6.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 8.5. Surplus Residential Property [54235 - 54239.6] ( Article 8.5 added by Stats. 1979, Ch. 1116. )

    Verify source ↗

    If part of this article is held invalid, the rest still applies; the article is severable.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 8.5. Surplus Residential Property [54235 - 54239.6] ( Article 8.5 added by Stats. 1979, Ch. 1116. ) ## 54238.6. If a provision of this article or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this article which can be given effect without the invalid provision or application thereof, and to this end the provisions of this article are severable. (Added by Stats. 1979, Ch. 1116.)
  148. 54238.7.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 8.5. Surplus Residential Property [54235 - 54239.6] ( Article 8.5 added by Stats. 1979, Ch. 1116. )

    Verify source ↗

    The Department of Transportation may not dispose of surplus property in the City of South Pasadena before January 31, 1998, except for property already in escrow as of August 15, 1997, to be sold.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 8.5. Surplus Residential Property [54235 - 54239.6] ( Article 8.5 added by Stats. 1979, Ch. 1116. ) ## 54238.7. Except those properties the Department of Transportation has in escrow as of August 15, 1997, to sell, the Department of Transportation shall not dispose of any surplus property in the City of South Pasadena prior to January 31, 1998. (Amended by Stats. 2001, Ch. 745, Sec. 105. Effective October 12, 2001.)
  149. 54238.8.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 8.5. Surplus Residential Property [54235 - 54239.6] ( Article 8.5 added by Stats. 1979, Ch. 1116. )

    Verify source ↗

    Surplus residential property bought at an affordable or reasonable price under this article must be assessed at that price for property tax purposes, and the section applies only to surplus residential properties for State Route 710 in Los Angeles County.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 8.5. Surplus Residential Property [54235 - 54239.6] ( Article 8.5 added by Stats. 1979, Ch. 1116. ) ## 54238.8. (a) Any surplus residential property purchased at an affordable price pursuant to this article shall be assessed at its affordable price for property tax purposes. (b) Any surplus residential property purchased at a reasonable price pursuant to this article shall be assessed at its reasonable price for property tax purposes. (c) This section shall only apply to surplus residential properties for State Route 710, in the County of Los Angeles. (Added by Stats. 2017, Ch. 20, Sec. 4. (AB 115) Effective June 27, 2017.)
  150. 54238.9.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 8.5. Surplus Residential Property [54235 - 54239.6] ( Article 8.5 added by Stats. 1979, Ch. 1116. )

    Verify source ↗

    The Department of Transportation must not raise rent for covered tenants in surplus residential property in the State Route 710 corridor if they participate in the department’s Affordable Rent Program.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 8.5. Surplus Residential Property [54235 - 54239.6] ( Article 8.5 added by Stats. 1979, Ch. 1116. ) ## 54238.9. (a) The Department of Transportation shall not increase the rent of a tenant who resides in a surplus residential property located within the State Route 710 corridor in the County of Los Angeles and who participates in the Affordable Rent Program administered by the department pursuant to Article 1 of Chapter 24 of Division 2 of Title 21 of the California Code of Regulations, Sections 2653 to 2658, inclusive. (b) Any signatories of active rental agreements for residential property entered into with the Department of Transportation as of July 1, 2019, and continuously residing at the property since that date, may be eligible to participate in the Affordable Rent Program administered by the department pursuant to Article 1 (commencing with Section 2653) of Chapter 24 of Division 2 of Title 21 of the California Code of Regulations. (Amended by Stats. 2019, Ch. 835, Sec. 3. (SB 7) Effective January 1, 2020.)
  151. 54239.1.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 8.5. Surplus Residential Property [54235 - 54239.6] ( Article 8.5 added by Stats. 1979, Ch. 1116. )

    Verify source ↗

    This section sets sale priorities for certain surplus residential property in Los Angeles, including tenant-first sale opportunities, historic-home sale conditions, affordability covenants, monitoring, and reporting duties.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 8.5. Surplus Residential Property [54235 - 54239.6] ( Article 8.5 added by Stats. 1979, Ch. 1116. ) ## 54239.1. Notwithstanding subdivision (d) of Section 54237, after a surplus residential property located within the City of Los Angeles is offered for sale pursuant to subdivisions (a) to (c), inclusive, of Section 54237, the surplus residential property shall be offered for sale in accordance with the following priorities and procedures: (a) After the surplus residential property is offered for sale pursuant to subdivisions (a) to (c), inclusive, of Section 54237 these properties shall then be offered at fair market value to present tenants who have occupied the property for five years or more and who are in good standing with all rent obligations current and paid in full, with first right of occupancy to the present tenants. (b) (1) After the surplus residential property is offered for sale pursuant to subdivisions (a) to (c), inclusive, of Section 54237 and subdivision (a) of this section, and if the property is a historic home, the property shall be offered to the city in which the property is located or to a nonprofit entity dedicated to rehabilitating and maintaining the historic home for public and community access and use subject to the following: (A) The property shall be offered at a reasonable price, which is best suited to economically feasible use of the property as a historic home for public and community access and use. (B) The sales price in no case shall be less than the price paid by the Department of Transportation unless the acquisition price was greater than current fair market value and shall not be greater than fair market value. Subject to the foregoing, the price shall be set at the level necessary to rehabilitate and maintain the historic home for public and community access and use. (C) Surplus residential property sold pursuant to this subdivision shall be sold in its existing “as is” condition. (D) The selling agency shall impose terms, conditions, and restrictions as will ensure that the historic home will remain available for public and community access and use. The purchaser shall comply with monitoring requirements, as determined by the Department of Transportation or the monitoring entity. (E) The Department of Transportation may designate in regulations to, or delegate by agreement to, a public agency to monitor the purchasers’ compliance with the terms, conditions, and restrictions required by this subdivision. The monitoring entity may charge the property owner a fee to recover the cost of this monitoring. (2) For purposes of this subdivision, “historic home” means single-family surplus residential property that is listed on, or for which an application has been filed for listing on, at least one of the following by January 1, 2015: (A) The California Register of Historical Resources, as established pursuant to Article 2 (commencing with Section 5020) of Chapter 1 of Division 5 of the Public Resources Code. (B) The National Register of Historic Places, as established pursuant to Chapter 3021 of Title 54 of the United States Code. (C) The National Register of Historic Places, as previously established pursuant to the federal National Historic Preservation Act (54 U.S.C. Sec. 300101 et seq.). (c) After the surplus residential property is offered for sale pursuant to subdivisions (a) to (c), inclusive, of Section 54237 and subdivisions (a) and (b) of this section, the surplus residential property shall be offered to a housing-related entity as follows: (1) The sales price shall be the price paid by the Department of Transportation for original acquisition. The original acquisition price shall not be adjusted for inflation. (2) Surplus residential property sold pursuant to this subdivision shall be sold in its existing “as is” condition. (3) The surplus residential property shall be subject to a covenant recorded against the property to ensure its use as affordable housing pursuant to this paragraph. (A) In the event that the surplus residential property is sold prior to the expiration of the covenant, the covenant shall remain in effect until the time at which it expires according to the provisions of this paragraph. (B) Any housing-related entity purchaser shall comply with monitoring requirements, as determined by the Department of Transportation or the monitoring entity. (C) For Each surplus residential property purchased under this subdivision, the housing-related entity shall cause the property to be used for either of the following: (i) Low- or moderate-income rental housing for a term of at least 55 years. The purchase and operation of the property shall remain available and affordable for rental by lower income and moderate-income households, as defined by Sections 50079.5 and 50052.5 of the Health and Safety Code, respectively, for a term no shorter than 55 years. In the event the housing-related entity is no longer able to provide affordable housing on the property, the housing-related entity shall either sell the property to a successor housing-related entity that will maintain the property and the operations in compliance with the covenant or transfer the title to the city in which the property is located, which shall subsequently transfer the title and operations to a successor housing-related entity that will maintain the property and the operations in compliance with the covenant. The housing-related entity shall provide first right of occupancy to the present tenants. The rental amount shall be in accordance with income certification if the current tenants qualify as low or moderate income. If the current tenant’s income exceeds the limits for that level, the rent for that tenant shall be no less than the current rent, or adjusted no higher than current market rates for the ZIP Code in which the surplus residential property is located. The housing-related entity shall cause any additional new units added to the property to be used only for low- or moderate-income rental housing and the new units shall remain available and affordable for rental by lower income and moderate-income households, as defined by Sections 50052.5 and 50079.5 of the Health and Safety Code, during the covenant period. (ii) If the surplus residential property is a single-family residence, it may be used for owner-occupied affordable housing for a term of at least 45 years. The housing-related entity shall sell the property to a person or family of low or moderate income for ownership and occupancy as affordable housing, as defined in Section 62250, and specifically as the primary residence of that buyer. The housing-related entity shall dedicate profits realized from the sale during the covenant period, as specified in subdivision (b) of Section 54237.7, to the construction of affordable housing within the 90032 postal ZIP Code. The housing-related entity shall provide first right of refusal to present tenants if they are a person or family of low or moderate income. All subsequent sales of the property during the covenant period shall be to a person or family of low or moderate income for ownership and occupancy as affordable housing, as defined in Section 62250. The property owner shall cause any additional new units added to the property to be used only for low or moderate income rental housing and the new units shall remain available and affordable for rental by lower income and moderate income households, as defined by Sections 50052.5 and 50079.5 of the Health and Safety Code, during the covenant period. The monitoring entity shall ensure that subsequent sales are made in compliance with this paragraph by conducting and certifying the income qualifications of the buyer(s) prior to purchase and sales contracts being consummated and prior to the opening of escrow. (4) The City of Los Angeles shall monitor compliance with the covenant required by this subdivision. (A) The City of Los Angeles shall prepare and submit to the Legislature reports that describe how the purchasers complied with this subdivision and how they were monitored for compliance. The first report shall be submitted five years after the first property is sold pursuant to this subdivision, and subsequent reports shall be submitted every five years thereafter until the last covenant expires. A report to be submitted pursuant to this subparagraph shall be submitted in compliance with Section 9795. (B) The City of Los Angeles may charge the property owner a fee to recover the cost of this monitoring and reporting. (d) After the surplus residential property is offered for sale pursuant to subdivisions (a) to (c), inclusive, of Section 54237 and subdivisions (a) to (c), inclusive, of this section, the property shall be offered in accordance with the priorities and procedures specified in subdivision (e) of Section 54237. (Added by Stats. 2021, Ch. 130, Sec. 6. (SB 51) Effective July 23, 2021.)
  152. 54239.2.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 8.5. Surplus Residential Property [54235 - 54239.6] ( Article 8.5 added by Stats. 1979, Ch. 1116. )

    Verify source ↗

    Before selling certain unimproved property, the Department of Transportation must first offer it to a housing-related entity at the original acquisition price.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 8.5. Surplus Residential Property [54235 - 54239.6] ( Article 8.5 added by Stats. 1979, Ch. 1116. ) ## 54239.2. Before selling unimproved property within the State Route 710 corridor in the City of Los Angeles pursuant to Section 118 of the Streets and Highways Code, the Department of Transportation shall offer to sell the property at the price paid by the Department of Transportation for original acquisition to a housing-related entity for affordable housing purposes, pursuant to the terms and conditions provided in subdivision (c) of Section 54239.1. (Added by Stats. 2021, Ch. 130, Sec. 7. (SB 51) Effective July 23, 2021.)
  153. 54239.3.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 8.5. Surplus Residential Property [54235 - 54239.6] ( Article 8.5 added by Stats. 1979, Ch. 1116. )

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    A housing-related entity selling surplus residential property must give the selling agency a commitment that construction workers will be paid prevailing wages if a project is built, with an apprentice exception.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 8.5. Surplus Residential Property [54235 - 54239.6] ( Article 8.5 added by Stats. 1979, Ch. 1116. ) ## 54239.3. (a) As a condition of the sale of property to a housing-related entity pursuant to subdivision (c) of Section 54239.1 or pursuant to Section 54239.2, the housing-related entity shall provide an enforceable commitment to the selling agency that, if a construction project is undertaken on the property, and the entirety of the project is not a public work for which prevailing wages must be paid for purposes of Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code, all construction workers employed on the project will be paid at least the general prevailing rate of per diem wages for the type of work and geographic area, as determined by the Director of Industrial Relations pursuant to Sections 1773 and 1773.9 of the Labor Code, except that apprentices registered in programs approved by the Chief of the Division of Apprenticeship Standards may be paid at least the applicable apprentice prevailing rate. (b) If the project is subject to subdivision (a), then for those portions of the project that are not a public work all of the following shall apply: (1) The housing-related entity shall ensure that the prevailing wage requirement is included in all contracts for the performance of all construction work. (2) All contractors and subcontractors shall pay to all construction workers employed in the execution of the work at least the general prevailing rate of per diem wages, except that apprentices registered in programs approved by the Chief of the Division of Apprenticeship Standards may be paid at least the applicable apprentice prevailing rate. (3) Except as provided in paragraph (5), all contractors and subcontractors shall maintain and verify payroll records pursuant to Section 1776 of the Labor Code and make those records available for inspection and copying as provided therein. (4) Except as provided in paragraph (5), the obligation of the contractors and subcontractors to pay prevailing wages may be enforced by the Labor Commissioner through the issuance of a civil wage and penalty assessment pursuant to Section 1741 of the Labor Code, which may be reviewed pursuant to Section 1742 of the Labor Code, within 18 months after the completion of the project, or by an underpaid worker through an administrative complaint or civil action, or by a joint labor-management committee though a civil action under Section 1771.2 of the Labor Code. If a civil wage and penalty assessment is issued, the contractor, subcontractor, and surety on a bond or bonds issued to secure the payment of wages covered by the assessment shall be liable for liquidated damages pursuant to Section 1742.1 of the Labor Code. (5) Paragraphs (3) and (4) shall not apply if all contractors and subcontractors performing work on the project are subject to a project labor agreement that requires the payment of prevailing wages to all construction workers employed in the execution of the project and provides for enforcement of that obligation through an arbitration procedure. For purposes of this paragraph, “project labor agreement” has the same meaning as set forth in paragraph (1) of subdivision (b) of Section 2500 of the Public Contract Code. (6) Notwithstanding subdivision (c) of Section 1773.1 of the Labor Code, the requirement that employer payments not reduce the obligation to pay the hourly straight time or overtime wages found to be prevailing shall not apply if otherwise provided in a bona fide collective bargaining agreement covering the worker. The requirement to pay at least the general prevailing rate of per diem wages does not preclude use of an alternative workweek schedule adopted pursuant to Section 511 or 514 of the Labor Code. (Added by Stats. 2021, Ch. 130, Sec. 8. (SB 51) Effective July 23, 2021.)
  154. 54239.4.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 8.5. Surplus Residential Property [54235 - 54239.6] ( Article 8.5 added by Stats. 1979, Ch. 1116. )

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    Surplus residential property bought by a housing-related public entity must be kept for affordable housing, with a recorded covenant and monitoring requirements.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 8.5. Surplus Residential Property [54235 - 54239.6] ( Article 8.5 added by Stats. 1979, Ch. 1116. ) ## 54239.4. If a surplus residential property purchased by a housing-related public entity pursuant to Section 54239.5 or 54239.6 is not resold as provided for in paragraph (17) of subdivision (b) of Section 54239.5 or paragraph (17) of subdivision (b) of Section 54239.6, the property shall be used as affordable housing subject to all the following: (a) The surplus residential property shall be subject to a covenant recorded against the property to ensure the property’s use as affordable housing pursuant to this section. (1) In the event that the surplus residential property is sold prior to the expiration of the covenant, the covenant shall remain in effect until the time at which it expires according to the provisions of this subdivision. (2) Any housing-related entity purchaser shall comply with monitoring requirements, as determined by the Department of Transportation or the monitoring entity. (3) For each surplus residential property purchased under this section, the housing-related entity shall cause the property to be used for either of the following: (A) (i) Low- or moderate-income rental housing for a term of at least 55 years. The purchase and operation of the property shall remain available and affordable for rental by lower income and moderate-income households, as defined by Sections 50052.5 and 50079.5 of the Health and Safety Code, respectively, for a term no shorter than 55 years. (ii) In the event the housing-related entity is no longer able to provide affordable housing on the property, the housing-related entity shall either sell the property to a successor housing-related entity that will maintain the property and the operations in compliance with the covenant or transfer the title to the city in which the property is located, which shall subsequently transfer the title and operations to a successor housing-related entity that will maintain the property and the operations in compliance with the covenant. The housing-related entity shall provide first right of occupancy to the present tenants. The rental amount shall be in accordance with income certification if the current tenants qualify as low or moderate income. If the current tenant’s income exceeds the limits for that level, the rent for that tenant shall be no less than the current rent, or adjusted no higher than current market rates for the ZIP Code in which the surplus residential property is located. The housing-related entity shall cause any additional new units added to the property to be used only for low- or moderate-income rental housing, and the new units shall remain available and affordable for rental by lower income and moderate-income households, as defined by Sections 50052.5 and 50079.5 of the Health and Safety Code, during the covenant period. (B) If the surplus residential property is a single-family residence, it may be used for owner-occupied affordable housing for a term of at least 45 years. The housing-related entity shall sell the property to a person or family of low or moderate income for ownership and occupancy as affordable housing, as defined in Section 62250, and specifically as the primary residence of that buyer. The housing-related entity shall dedicate profits realized from the sale during the covenant period, as specified in subdivision (b) of Section 54237.7, to the construction of affordable housing within the city in which the surplus residential property is located. The housing-related entity shall provide first right of refusal to present tenants if they are a person or family of low or moderate income. All subsequent sales of the property during the covenant period shall be to a person or family of low or moderate income for ownership and occupancy as affordable housing, as defined in Section 62250. The property owner shall cause any additional new units added to the property to be used only for low- or moderate-income rental housing, and the new units shall remain available and affordable for rental by lower income and moderate-income households, as defined by Sections 50052.5 and 50079.5 of the Health and Safety Code, during the covenant period. The monitoring entity shall ensure that subsequent sales are made in compliance with this subdivision by conducting and certifying the income qualifications of the buyer(s) prior to purchase and sales contracts being consummated and prior to the opening of escrow. (b) The Department of Transportation may designate in regulations to, or delegate by agreement to, a public agency to monitor the purchasers’ compliance with the terms, conditions, and restrictions required by this section. (1) If the monitoring is not performed by a state agency, the monitoring entity shall prepare and submit to the Legislature reports that describe how the purchasers complied with this section and how they were monitored for compliance. The first report shall be submitted five years after the first property is sold pursuant to this section, and subsequent reports shall be submitted every five years thereafter until the last covenant expires. A report to be submitted pursuant to this paragraph shall be submitted in compliance with Section 9795. (2) The monitoring entity may charge the property owner a fee to recover the cost of this monitoring and reporting. (Amended by Stats. 2025, Ch. 67, Sec. 95. (AB 1170) Effective January 1, 2026.)
  155. 54239.5.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 8.5. Surplus Residential Property [54235 - 54239.6] ( Article 8.5 added by Stats. 1979, Ch. 1116. )

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    The City of Pasadena and the Department of Transportation must follow specific sale, reporting, affordability, and prevailing-wage rules for certain surplus residential property.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 8.5. Surplus Residential Property [54235 - 54239.6] ( Article 8.5 added by Stats. 1979, Ch. 1116. ) ## 54239.5. Notwithstanding subdivision (d) of Section 54237, after a surplus residential property located within the City of Pasadena is offered for sale pursuant to subdivisions (a) to (c), inclusive, of Section 54237, the surplus residential property shall be offered for sale in accordance with all of the following priorities and procedures: (a) After the surplus residential property is offered for sale pursuant to subdivisions (a) to (c), inclusive, of Section 54237, these properties shall then be offered at fair market value to present tenants who have occupied the property for five years or more and who are in good standing with all rent obligations current and paid in full, with first right of occupancy to the present tenants. (b) After the surplus residential property is offered for sale pursuant to subdivisions (a) to (c), inclusive, of Section 54237 and subdivision (a) of this section, and if the property is not occupied by tenants, the property shall be offered to the City of Pasadena subject to all of the following: (1) The sales price shall be the price paid by the Department of Transportation for original acquisition. The original acquisition price shall not be adjusted for inflation. (2) Surplus residential property sold pursuant to this subdivision shall be sold in its existing “as is” condition. (3) The City of Pasadena shall, with the proceeds generated from the subsequent sale of unoccupied homes, finance the production or acquisition of affordable housing units. Units produced must have a regulatory agreement requiring an affordable sales price or an affordable rent, as defined in Sections 50052.5 and 50053 of the Health and Safety Code, for a minimum of 55 years for rental and 45 years for owner-occupied affordable housing. Units acquired must have a regulatory agreement requiring an affordable rent, as defined in Section 50053 of the Health and Safety Code, for a minimum of 55 years for rental. Proceeds may be used to finance either or both of the following: (A) The production of three housing units affordable to persons and families of very low, low and moderate income, as defined in Section 50093 of the Health and Safety Code, for every unoccupied home purchased by the City of Pasadena. (B) The acquisition of three existing units for use as rental housing affordable to persons and families of very low, low, and moderate income, as defined in Section 50093 of the Health and Safety Code, for every unoccupied home purchased by the City of Pasadena. (4) Prior to closing escrow on the purchase of the surplus residential property from the Department of Transportation, the City of Pasadena shall demonstrate to the Department of Housing and Community Development the zoned capacity on parcels suitable for housing development to produce at least three affordable units, as defined in paragraph (3), for each housing unit on the surplus residential property being purchased and identify and analyze potential and actual governmental constraints to the maintenance, improvement, or development of housing affordable to persons and families of low income, including housing for people with disabilities, on said parcels to the satisfaction of the Department of Housing and Community Development. The analysis must also demonstrate local efforts to remove constraints that hinder development of the parcels and evaluate their impact on the speed of delivery and depth of affordability of the necessary affordable units prescribed in paragraph (3). (5) Units may be produced or acquired on a single site, or on multiple sites. (6) All units acquired or produced shall be within high or highest resource census tracts within the City of Pasadena, as identified by the latest edition of the California Tax Credit Allocation Committee’s opportunity maps. To the greatest extent possible, units acquired or produced shall be in geographic proximity to the unoccupied homes that were sold by the City of Pasadena. (7) The City of Pasadena shall commence construction or complete acquisition of all affordable units numbering at least three times the total number of unoccupied homes acquired by the city by December 31, 2026. (8) Notwithstanding any other law, funds generated through the sale of unoccupied homes by the City of Pasadena shall be held by the City of Pasadena for the sole purpose of the financing of these units. (9) The City of Pasadena shall include as an attachment to its annual report required by paragraph (2) of subdivision (a) of Section 65400 all of the following: (A) Current ownership status of unoccupied homes in the State Route 710 corridor purchased by the City of Pasadena, and an accounting of funds spent by the city on the purchase of these homes and generated through their sale. (B) The City of Pasadena shall provide documents to the Department of Housing and Community Development that evidence sale. These documents shall include purchase and sale agreements, escrow instructions, and final HUD-1 form closing statements. (C) Documentation of rezoning actions taken by the City of Pasadena to ensure the continued availability of sufficient capacity for development of sufficient affordable housing to accommodate all units prescribed in paragraph (3). (D) Documentation of other actions taken by the City of Pasadena to support its compliance with paragraph (3), including the acquisition of homes for use as affordable housing, rehabilitation of acquired homes or apartment units, or new construction of homes or apartment units for the same purpose. (E) Other information requested by the Department of Housing and Community Development regarding the City of Pasadena’s compliance with this paragraph. (10) At the end of the period defined in paragraph (7), the City of Pasadena shall additionally report all of the following information to the Department of Housing and Community Development: (A) A summary of all prior reporting. (B) Supporting documentation that evidences the acquisition or commencement of construction on a sufficient number of units of affordable housing to satisfy paragraphs (3) and (7) in a form agreeable to the Department of Housing and Community Development. (C) An accounting of total funds spent to acquire unoccupied homes from the Department of Transportation pursuant to this paragraph. (D) An accounting of funds generated through the sale of these homes. (E) Aggregate data on low- and moderate-income tenants and owners residing in the newly acquired or constructed units, including, but not limited to, information relating to income eligibility, household size, and other information as required by the Department of Housing and Community Development that is not individually identifiable. (F) Other information requested by the Department of Housing and Community Development regarding the City of Pasadena’s compliance with this paragraph. (11) Failure to comply with any of paragraphs (1) to (10), inclusive, shall require the City of Pasadena to pay a fine of an amount equal to the funds generated through the sale of unoccupied homes pursuant to this paragraph less the city’s acquisition cost. Fines shall be deposited into an account held by the Department of Housing and Community Development under the stipulations of Section 50470 within 30 calendar days of notification of failure to comply, and made accessible for the development of housing for persons and families of low and moderate income residing exclusively in the City of Pasadena. (12) Terms of paragraph (11) may be subject to up to two two-year extensions from the deadline specified in paragraph (7), provided the City of Pasadena is able to demonstrate sufficient progress on the development or acquisition of all required affordable units. Sufficient progress may include, but is not limited to, an executed option agreement or exclusive negotiation agreement for purchase of property intended for conversion to affordable units, completed project entitlements or building permits, executed purchase agreements and draft covenants for the acquisition or rehabilitation of market rate units for the purpose of conversion to affordable units, a combination thereof, or other proof of progress at the discretion of the Director of the Department of Housing and Community Development. (13) Any surplus funds remaining after the completion of the construction of the required affordable units shall be used at the discretion of the City of Pasadena for the production or acquisition of rental or for-sale housing affordable to persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code. (14) Compliance with any clause in paragraphs (3) to (13), inclusive, shall be determined by the Department of Housing and Community Development and is not subject to appeal. (15) The Department of Housing and Community Development may review, adopt, amend, and repeal the standards, forms, or definitions to implement paragraph (3) to (14), inclusive. Any standards, forms, or definitions adopted to implement this article shall not be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2. (16) The surplus residential property subject to this subdivision shall be subject to a covenant recorded against the property to ensure the property’s use as pursuant to this subdivision. (17) Notwithstanding paragraphs (3) to (15), inclusive, if the City of Pasadena does not resell a surplus residential property sold to it by the Department of Transportation within two years of closure of the sale, the property shall be used as affordable housing pursuant to subdivision (a) of Section 54239.4. (18) Terms of paragraph (17) may be subject to up to one two-year extension provided the City of Pasadena is able to demonstrate sufficient progress on the sale of the surplus residential properties. Sufficient progress may include proof that the property has been listed for 180 days at a price that does not exceed fair market value based on comparable sales in the City of Pasadena with no offers, unexpected structural damage due to a natural disaster or similar occurrence, or other proof of progress at the discretion of the Director of the Department of Housing and Community Development. (19) The City of Pasadena shall monitor compliance with the covenant required by paragraph (16). The City of Pasadena may charge the property owner a fee to recover the cost of this monitoring. (c) (1) After the surplus residential property is offered for sale pursuant to subdivisions (a) to (c), inclusive, of Section 54237 and subdivisions (a) and (b) of this section, the property shall be offered in accordance with the priorities and procedures specified in subdivision (d) of Section 54237 and then in accordance with the priorities and procedures specified in subdivision (e) of Section 54237. (2) The Department of Transportation may designate in regulations to, or delegate by agreement to, a public agency to monitor the purchasers’ compliance with the terms, conditions, and restrictions required by this subdivision and subdivision (d) of Section 54237. (A) If the monitoring is not performed by a state agency, the monitoring entity shall prepare and submit to the Legislature reports that describe how the purchasers complied with this subdivision and how they were monitored for compliance. The first report shall be submitted five years after the first property is sold pursuant to this subdivision, and subsequent reports shall be submitted every five years thereafter until the last covenant expires. A report to be submitted pursuant to this subparagraph shall be submitted in compliance with Section 9795. (B) The monitoring entity may charge the property owner a fee to recover the cost of this monitoring and reporting. (d) Before selling unimproved property within the State Route 710 corridor in the City of Pasadena pursuant to Section 118 of the Streets and Highways Code, the Department of Transportation shall offer to sell the property to the City of Pasadena, as a housing-related entity for affordable housing purposes, and then to another housing-related entity, pursuant to the terms and conditions provided in subdivision (d) of Section 54237, but at the price paid by the Department of Transportation for original acquisition. (e) (1) (A) As a condition of the sale of property to a housing-related entity pursuant to subdivision (c) or (d), the housing-related entity shall provide an enforceable commitment to the selling agency that, if a construction project is undertaken on the property, and the entirety of the project is not a public work for which prevailing wages must be paid for purposes of Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code, all construction workers employed on the project will be paid at least the general prevailing rate of per diem wages for the type of work and geographic area, as determined by the Director of Industrial Relations pursuant to Sections 1773 and 1773.9 of the Labor Code, except that apprentices registered in programs approved by the Chief of the Division of Apprenticeship Standards may be paid at least the applicable apprentice prevailing rate. (B) As a condition of the sale of property to the city pursuant to subdivision (b), the city shall provide an enforceable commitment to the selling agency that all construction workers employed on the following projects will be paid at least the general prevailing rate of per diem wages for the type of work and geographic area, as determined by the Director of Industrial Relations pursuant to Sections 1773 and 1773.9 of the Labor Code, except that apprentices registered in programs approved by the Chief of the Division of Apprenticeship Standards may be paid at least the applicable apprentice prevailing rate: (i) Any project involving construction of units pursuant to paragraph (3) of subdivision (b), if the entirety of the project is not a public work for which prevailing wages must be paid for purposes of Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code. (ii) Any project involving construction on properties subsequently sold to a housing-related entity by the city pursuant to subdivision (b), if the entirety of the project is not a public work for which prevailing wages must be paid for purposes of Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code. (2) If the project is subject to paragraph (1), then for those portions of the project that are not a public work all of the following shall apply: (A) The housing-related entity or city shall ensure that the prevailing wage requirement is included in all contracts for the performance of all construction work. (B) All contractors and subcontractors shall pay to all construction workers employed in the execution of the work at least the general prevailing rate of per diem wages, except that apprentices registered in programs approved by the Chief of the Division of Apprenticeship Standards may be paid at least the applicable apprentice prevailing rate. (C) Except as provided in subparagraph (E), all contractors and subcontractors shall maintain and verify payroll records pursuant to Section 1776 of the Labor Code and make those records available for inspection and copying as provided therein. (D) Except as provided in subparagraph (E), the obligation of the contractors and subcontractors to pay prevailing wages may be enforced by the Labor Commissioner through the issuance of a civil wage and penalty assessment pursuant to Section 1741 of the Labor Code, which may be reviewed pursuant to Section 1742 of the Labor Code, within 18 months after the completion of the project, or by an underpaid worker through an administrative complaint or civil action, or by a joint labor-management committee though a civil action under Section 1771.2 of the Labor Code. If a civil wage and penalty assessment is issued, the contractor, subcontractor, and surety on a bond or bonds issued to secure the payment of wages covered by the assessment shall be liable for liquidated damages pursuant to Section 1742.1 of the Labor Code. (E) Subparagraphs (C) and (D) shall not apply if all contractors and subcontractors performing work on the project are subject to a project labor agreement that requires the payment of prevailing wages to all construction workers employed in the execution of the project and provides for enforcement of that obligation through an arbitration procedure. For purposes of this paragraph, “project labor agreement” has the same meaning as set forth in paragraph (1) of subdivision (b) of Section 2500 of the Public Contract Code. (F) Notwithstanding subdivision (c) of Section 1773.1 of the Labor Code, the requirement that employer payments not reduce the obligation to pay the hourly straight time or overtime wages found to be prevailing shall not apply if otherwise provided in a bona fide collective bargaining agreement covering the worker. The requirement to pay at least the general prevailing rate of per diem wages does not preclude use of an alternative workweek schedule adopted pursuant to Section 511 or 514 of the Labor Code. (Amended by Stats. 2024, Ch. 347, Sec. 4. (AB 1038) Effective September 22, 2024.)
  156. 54239.6.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 8.5. Surplus Residential Property [54235 - 54239.6] ( Article 8.5 added by Stats. 1979, Ch. 1116. )

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    South Pasadena surplus residential property must follow a set sale order, housing-use conditions, reporting rules, and prevailing-wage commitments.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 8.5. Surplus Residential Property [54235 - 54239.6] ( Article 8.5 added by Stats. 1979, Ch. 1116. ) ## 54239.6. Notwithstanding subdivision (d) of Section 54237, after a surplus residential property located within the City of South Pasadena is offered for sale pursuant to subdivisions (a) to (c), inclusive, of Section 54237, the surplus residential property shall be offered for sale in accordance with all of the following priorities and procedures: (a) After the surplus residential property is offered for sale pursuant to subdivisions (a) to (c), inclusive, of Section 54237, these properties shall then be offered at fair market value to present tenants who have occupied the property for five years or more and who are in good standing with all rent obligations current and paid in full, with first right of occupancy to the present tenants. (b) After the surplus residential property is offered for sale pursuant to subdivisions (a) to (c), inclusive, of Section 54237 and subdivision (a) of this section, and if the property is not occupied by tenants, the property shall be offered to the City of South Pasadena subject to all of the following: (1) The sales price shall be the price paid by the Department of Transportation for original acquisition. The original acquisition price shall not be adjusted for inflation. (2) Surplus residential property sold pursuant to this subdivision shall be sold in its existing “as is” condition. (3) The City of South Pasadena shall, with the proceeds generated from the subsequent sale of unoccupied homes, finance the production or acquisition of affordable housing units. Units produced must have a regulatory agreement requiring an affordable sales price or an affordable rent, as defined in Sections 50052.5 and 50053 of the Health and Safety Code, for a minimum of 55 years for rental and 45 years for owner-occupied affordable housing. Units acquired must have a regulatory agreement requiring an affordable rent, as defined in Section 50053 of the Health and Safety Code, for a minimum of 55 years for rental. Proceeds may be used to finance either or both of the following: (A) The production of three housing units affordable to persons and families of very low, low and moderate income, as defined in Section 50093 of the Health and Safety Code, for every unoccupied home purchased by the City of South Pasadena. (B) The acquisition of three existing units for use as rental housing affordable to persons and families of very low, low, and moderate income, as defined in Section 50093 of the Health and Safety Code, for every unoccupied home purchased by the City of South Pasadena. (4) (A) Prior to closing escrow on the purchase of the surplus residential property from the Department of Transportation, the City of South Pasadena shall demonstrate to the Department of Housing and Community Development the zoned capacity on parcels suitable for housing development to produce at least three affordable units, as defined in paragraph (3), for each housing unit of the surplus residential property being purchased and identify and analyze potential and actual governmental constraints to the maintenance, improvement, or development of housing affordable to persons and families of low income, including housing for people with disabilities, on said parcels to the satisfaction of the Department of Housing and Community Development. The analysis must also demonstrate local efforts to remove constraints that hinder development of the parcels and evaluate their impact on the speed of delivery and depth of affordability of the necessary affordable units prescribed in paragraph (3). (B) Any parcel used for the development of these units shall be granted streamlined, ministerial approval and not be subject to a conditional use permit or other nonlegislative discretionary approval, and shall be exempt from any initiative or other measure that may preclude achieving maximum densities, including, but not limited to, any height restriction requirement. The Legislature finds and declares that, in light of the shortage of affordable housing in the state, facilitating the development of affordable housing as provided in this subparagraph is necessary to support the development and speed of delivery and the depth of affordability of the necessary affordable units prescribed in paragraph (3), as well as the sale of surplus residential properties to the City of South Pasadena by the Department of Transportation. (5) Units may be produced or acquired on a single site, or on multiple sites. (6) All units acquired or produced shall be within high or highest resource census tracts within the City of South Pasadena, as identified by the latest edition of the California Tax Credit Allocation Committee’s opportunity maps. To the greatest extent possible, units acquired or produced shall be in geographic proximity to the unoccupied homes that were sold by the City of South Pasadena. (7) The City of South Pasadena shall commence construction or complete acquisition of all affordable units numbering at least three times the total number of unoccupied homes acquired by the city by July 1, 2028. (8) Notwithstanding any other law, funds generated through the sale of unoccupied homes by the City of South Pasadena shall be held by the City of South Pasadena for the sole purpose of the financing of these units. (9) The City of South Pasadena shall include as an attachment to its annual report required by paragraph (2) of subdivision (a) of Section 65400 all of the following: (A) Current ownership status of unoccupied homes in the State Route 710 corridor purchased by the City of South Pasadena, and an accounting of funds spent by the city on the purchase of these homes and generated through their sale. (B) The City of South Pasadena shall provide documents to the Department of Housing and Community Development that evidence sale. These documents shall include purchase and sale agreements, escrow instructions, and final HUD-1 form closing statements. (C) Documentation of rezoning actions taken by the City of South Pasadena to ensure the continued availability of sufficient capacity for development of sufficient affordable housing to accommodate all units prescribed in paragraph (3). (D) Documentation of other actions taken by the City of South Pasadena to support its compliance with paragraph (3), including the acquisition of homes for use as affordable housing, rehabilitation of acquired homes or apartment units, or new construction of homes or apartment units for the same purpose. (E) Other information requested by the Department of Housing and Community Development regarding the City of South Pasadena’s compliance with this paragraph. (10) At the end of the period defined in paragraph (7), the City of South Pasadena shall additionally report all of the following information to the Department of Housing and Community Development: (A) A summary of all prior reporting. (B) Supporting documentation that evidences the acquisition or commencement of construction on a sufficient number of units of affordable housing to satisfy paragraphs (3) and (7) in a form agreeable to the Department of Housing and Community Development. (C) An accounting of total funds spent to acquire unoccupied homes from the Department of Transportation pursuant to this paragraph. (D) An accounting of funds generated through the sale of these homes. (E) Aggregate data on low- and moderate-income tenants and owners residing in the newly acquired or constructed units, including, but not limited to, information relating to income eligibility, household size, and other information as required by the Department of Housing and Community Development that is not individually identifiable. (F) Other information requested by the Department of Housing and Community Development regarding the City of South Pasadena’s compliance with this paragraph. (11) Failure to comply with any of paragraphs (1) to (10), inclusive, shall require the City of South Pasadena to pay a fine of an amount equal to the funds generated through the sale of unoccupied homes pursuant to this paragraph less the city’s acquisition cost. Fines shall be deposited into an account held by the Department of Housing and Community Development under the stipulations of Section 50470 within 30 calendar days of notification of failure to comply, and made accessible for the development of housing for persons and families of low and moderate income residing exclusively in the City of South Pasadena. (12) Terms of paragraph (11) may be subject to up to two two-year extensions from the deadline specified in paragraph (7), provided the City of South Pasadena is able to demonstrate sufficient progress on the development or acquisition of all required affordable units. Sufficient progress may include, but is not limited to, an executed option agreement or exclusive negotiation agreement for purchase of property intended for conversion to affordable units, completed project entitlements or building permits, executed purchase agreements and draft covenants for the acquisition or rehabilitation of market rate units for the purpose of conversion to affordable units, a combination thereof, or other proof of progress at the discretion of the Director of the Department of Housing and Community Development. (13) Any surplus funds remaining after the completion of the construction of the required affordable units shall be used at the discretion of the City of South Pasadena for the production or acquisition of rental or for-sale housing affordable to persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code. (14) Compliance with any clause in paragraphs (3) to (13), inclusive, shall be determined by the Department of Housing and Community Development and is not subject to appeal. (15) The Department of Housing and Community Development may review, adopt, amend, and repeal the standards, forms, or definitions to implement paragraph (3) to (14), inclusive. Any standards, forms, or definitions adopted to implement this article shall not be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2. (16) The surplus residential property subject to this subdivision shall be subject to a covenant recorded against the property to ensure the property’s use as pursuant to this subdivision. (17) Notwithstanding paragraphs (3) to (15), inclusive, if the City of South Pasadena does not resell a surplus residential property sold to it by the Department of Transportation within two years of closure of the sale, the property shall be used as affordable housing pursuant to subdivision (a) of Section 54239.4. (18) Terms of paragraph (17) may be subject to up to one two-year extension provided the City of South Pasadena is able to demonstrate sufficient progress on the sale of the surplus residential properties. Sufficient progress may include proof that the property has been listed for 180 days at a price that does not exceed fair market value based on comparable sales in the City of South Pasadena with no offers, unexpected structural damage due to a natural disaster or similar occurrence, or other proof of progress at the discretion of the Director of the Department of Housing and Community Development. (19) The City of South Pasadena shall monitor compliance with the covenant required by paragraph (16). The City of South Pasadena may charge the property owner a fee to recover the cost of this monitoring. (c) (1) After the surplus residential property is offered for sale pursuant to subdivisions (a) to (c), inclusive, of Section 54237 and subdivisions (a) and (b) of this section, the property shall be offered in accordance with the priorities and procedures specified in subdivision (d) of Section 54237 and then in accordance with the priorities and procedures specified in subdivision (e) of Section 54237. (2) The Department of Transportation may designate in regulations to, or delegate by agreement to, a public agency to monitor the purchasers’ compliance with the terms, conditions, and restrictions required by this subdivision and subdivision (d) of Section 54237. (A) If the monitoring is not performed by a state agency, the monitoring entity shall prepare and submit to the Legislature reports that describe how the purchasers complied with this subdivision and how they were monitored for compliance. The first report shall be submitted five years after the first property is sold pursuant to this subdivision, and subsequent reports shall be submitted every five years thereafter until the last covenant expires. A report to be submitted pursuant to this subparagraph shall be submitted in compliance with Section 9795. (B) The monitoring entity may charge the property owner a fee to recover the cost of this monitoring and reporting. (d) Before selling unimproved property within the State Route 710 corridor in the City of South Pasadena pursuant to Section 118 of the Streets and Highways Code, the Department of Transportation shall offer to sell the property to the City of South Pasadena, as a housing-related entity for affordable housing purposes, and then to another housing-related entity, pursuant to the terms and conditions provided in subdivision (a) of Section 54239.4, but at the price paid by the Department of Transportation for original acquisition. (e) (1) (A) As a condition of the sale of property to a housing-related entity pursuant to subdivision (c) or (d), the housing-related entity shall provide an enforceable commitment to the selling agency that, if a construction project is undertaken on the property, and the entirety of the project is not a public work for which prevailing wages must be paid for purposes of Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code, all construction workers employed on the project will be paid at least the general prevailing rate of per diem wages for the type of work and geographic area, as determined by the Director of Industrial Relations pursuant to Sections 1773 and 1773.9 of the Labor Code, except that apprentices registered in programs approved by the Chief of the Division of Apprenticeship Standards may be paid at least the applicable apprentice prevailing rate. (B) As a condition of the sale of property to the city pursuant to subdivision (b), the city shall provide an enforceable commitment to the selling agency that all construction workers employed on the following projects will be paid at least the general prevailing rate of per diem wages for the type of work and geographic area, as determined by the Director of Industrial Relations pursuant to Sections 1773 and 1773.9 of the Labor Code, except that apprentices registered in programs approved by the Chief of the Division of Apprenticeship Standards may be paid at least the applicable apprentice prevailing rate: (i) Any project involving construction of units pursuant to paragraph (3) of subdivision (b), if the entirety of the project is not a public work for which prevailing wages must be paid for purposes of Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code. (ii) Any project involving construction on properties subsequently sold to a housing-related entity by the city pursuant to subdivision (b), if the entirety of the project is not a public work for which prevailing wages must be paid for purposes of Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code. (2) If the project is subject to paragraph (1), then for those portions of the project that are not a public work all of the following shall apply: (A) The housing-related entity or city shall ensure that the prevailing wage requirement is included in all contracts for the performance of all construction work. (B) All contractors and subcontractors shall pay to all construction workers employed in the execution of the work at least the general prevailing rate of per diem wages, except that apprentices registered in programs approved by the Chief of the Division of Apprenticeship Standards may be paid at least the applicable apprentice prevailing rate. (C) Except as provided in subparagraph (E), all contractors and subcontractors shall maintain and verify payroll records pursuant to Section 1776 of the Labor Code and make those records available for inspection and copying as provided therein. (D) Except as provided in subparagraph (E), the obligation of the contractors and subcontractors to pay prevailing wages may be enforced by the Labor Commissioner through the issuance of a civil wage and penalty assessment pursuant to Section 1741 of the Labor Code, which may be reviewed pursuant to Section 1742 of the Labor Code, within 18 months after the completion of the project, or by an underpaid worker through an administrative complaint or civil action, or by a joint labor-management committee though a civil action under Section 1771.2 of the Labor Code. If a civil wage and penalty assessment is issued, the contractor, subcontractor, and surety on a bond or bonds issued to secure the payment of wages covered by the assessment shall be liable for liquidated damages pursuant to Section 1742.1 of the Labor Code. (E) Subparagraphs (C) and (D) shall not apply if all contractors and subcontractors performing work on the project are subject to a project labor agreement that requires the payment of prevailing wages to all construction workers employed in the execution of the project and provides for enforcement of that obligation through an arbitration procedure. For purposes of this paragraph, “project labor agreement” has the same meaning as set forth in paragraph (1) of subdivision (b) of Section 2500 of the Public Contract Code. (F) Notwithstanding subdivision (c) of Section 1773.1 of the Labor Code, the requirement that employer payments not reduce the obligation to pay the hourly straight time or overtime wages found to be prevailing shall not apply if otherwise provided in a bona fide collective bargaining agreement covering the worker. The requirement to pay at least the general prevailing rate of per diem wages does not preclude use of an alternative workweek schedule adopted pursuant to Section 511 or 514 of the Labor Code. (Added by Stats. 2024, Ch. 347, Sec. 5. (AB 1038) Effective September 22, 2024.)
  157. 54240.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 9. Public Leasebacks [54240 - 54245] ( Article 9 added by Stats. 1972, Ch. 304. )

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    This section defines “local agency,” “public leaseback,” and “public leaseback corporation.”

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 9. Public Leasebacks [54240 - 54245] ( Article 9 added by Stats. 1972, Ch. 304. ) ## 54240. As used in this article: (a) “Local agency” means any county, city, city and county, public district, public entity or authority or other public or municipal corporation other than the federal government or any federal department or agency, this state, an adjoining state, any state department or agency or any school district in the state. (b) “Public leaseback” means any lease, sublease, contract or other agreement involving land or buildings, structures, or other facilities which are permanently attached to land, where the agreement is made directly or indirectly between the local agency and a public leaseback corporation, if the proceeds of the agreement provided by the local agency will be used in whole or in part by such public leaseback corporation for payment of principal of or interest on its bonds, notes or other evidences of indebtedness. (c) “Public leaseback corporation” means any public or private corporation, or nonprofit corporation, or any public retirement system which has the authority to assist a local agency and which acquires or constructs or finances or arranges for the acquisition or construction of land, buildings, structures, or other facilities which are permanently attached to land for public leaseback. (Added by Stats. 1972, Ch. 304.)
  158. 54241.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 9. Public Leasebacks [54240 - 54245] ( Article 9 added by Stats. 1972, Ch. 304. )

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    A local agency may not enter into a public leaseback unless the agreement has been approved by ordinance stating it is subject to referendum provisions, and the section applies only if the agreement term exceeds five years.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 9. Public Leasebacks [54240 - 54245] ( Article 9 added by Stats. 1972, Ch. 304. ) ## 54241. No public leaseback of any local agency shall be entered into until the act of entering into a formal agreement with the public leaseback corporation shall have been approved by such local agency by ordinance which shall state that it is subject to the provisions for referendum applicable to such local agency. This section shall apply only to public leaseback agreements the term of which will exceed five years or more. (Added by Stats. 1972, Ch. 304.)
  159. 54242.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 9. Public Leasebacks [54240 - 54245] ( Article 9 added by Stats. 1972, Ch. 304. )

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    This section requires certain ordinances to be published after adoption and gives local agency electors a referendum petition right in some cases.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 9. Public Leasebacks [54240 - 54245] ( Article 9 added by Stats. 1972, Ch. 304. ) ## 54242. Any ordinance subject to referendum under Section 54241 shall be published after adoption as required by law for ordinances of the local agency generally, or, if there is no publication requirement applicable to the ordinance, then once pursuant to the provisions of Sections 6040 through 6044 within 15 days after the adoption of the ordinance. If a local agency does not otherwise have statutory power to enact an ordinance pursuant to Section 54241, the governing body of the local agency is authorized to introduce and enact the ordinance at any regular or adjourned regular meeting by the approving votes of a majority of all of its members. If ordinances of a local agency are not otherwise subject to referendum, then (1) the governing body of the local agency may refer any ordinance enacted pursuant to Section 54241 to the electors of the local agency in the same manner as the board of supervisors of a county may refer county questions pursuant to Section 9140 of the Elections Code, and (2) the electors of the local agency shall have the right to petition for referendum on the ordinance in the same manner and subject to the same rules as are set forth in Sections 9141 to 9145, inclusive, of the Elections Code, except that all computations referred to in those sections and officers of the county mentioned in those sections shall be construed to refer to comparable computations and officers of the local agency. If the governing board of a local agency is an elected board the electors of the local agency for the purposes of this section shall be the electors of the territory entitled to vote at elections for members of the governing board. If a local agency does not have an elected governing board, the electors residing within the boundaries of the local agency who would be qualified to vote for candidates for Governor at any gubernatorial election shall be the electors of the local agency for the purposes of this section. (Amended by Stats. 1994, Ch. 923, Sec. 79. Effective January 1, 1995.)
  160. 54243.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 9. Public Leasebacks [54240 - 54245] ( Article 9 added by Stats. 1972, Ch. 304. )

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    A local agency may not pass a new ordinance authorizing a public leaseback for the same or substantially the same purpose for one year after a successful referendum, repeal, or rescission.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 9. Public Leasebacks [54240 - 54245] ( Article 9 added by Stats. 1972, Ch. 304. ) ## 54243. In the event an ordinance enacted pursuant to Section 54241 authorizing a local agency to enter into a public leaseback is subjected to a successful referendum election or is repealed or rescinded by a local agency, no ordinance authorizing the local agency to enter into a public leaseback for the same or substantially the same purpose shall be passed by that local agency for a period of one year from the date of such referendum, repeal or rescission. (Added by Stats. 1972, Ch. 304.)
  161. 54244.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 9. Public Leasebacks [54240 - 54245] ( Article 9 added by Stats. 1972, Ch. 304. )

    Verify source ↗

    Section 54241 does not apply to public leasebacks executed before Section 54241’s effective date.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 9. Public Leasebacks [54240 - 54245] ( Article 9 added by Stats. 1972, Ch. 304. ) ## 54244. Section 54241 shall not apply to any public leaseback which is executed prior to the effective date of Section 54241. (Added by Stats. 1972, Ch. 304.)
  162. 54245.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 9. Public Leasebacks [54240 - 54245] ( Article 9 added by Stats. 1972, Ch. 304. )

    Verify source ↗

    Section 54241 does not apply to a public leaseback if a local or public agency had already taken qualifying formal action before Section 54241 took effect.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 9. Public Leasebacks [54240 - 54245] ( Article 9 added by Stats. 1972, Ch. 304. ) ## 54245. If any one or more local or public agencies shall, prior to the effective date of Section 54241, have taken formal action to implement any one or more projects to be acquired or constructed pursuant to a public leaseback, Section 54241 shall not apply to the subsequent execution by such local or public agency of such public leaseback relating to any such project. Formal action to implement any one or more projects shall include any of the following actions: (a) The incurring of liability of five thousand dollars ($5,000) or more for a substantial portion of an architectural or engineering contract or other contract relating to a project; (b) The acquisition of land or improvements for the project; (c) The making of a contribution totaling five thousand dollars ($5,000) or more toward the leaseback project. (Added by Stats. 1972, Ch. 304.)
  163. 54250.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 10. The Local Government Privatization Act of 1985 [54250 - 54256] ( Article 10 added by Stats. 1985, Ch. 1430, Sec. 4. )

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    This section defines key terms used in the article, including “local agency,” “commission,” “privatization project,” “project,” and “privatizer.”

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 10. The Local Government Privatization Act of 1985 [54250 - 54256] ( Article 10 added by Stats. 1985, Ch. 1430, Sec. 4. ) ## 54250. The following definitions shall control the construction of this article: (a) “Local agency” means any city, county, city and county, special district, or county service area. (b) “Commission” means the Public Utilities Commission. (c) “Privatization project” means any wastewater or sewerage project that is owned and operated by a corporation, partnership, or natural person pursuant to a franchise, license, or service agreement with a local agency or any agency of that local agency pursuant to which services are supplied for the benefit of the local agency, its residents, or both, or any agency of the state. “Privatization project,” as used in this article, includes the Santa Ana Watershed Project Authority’s Arlington Basin Groundwater Desalter Project, which will treat groundwater contaminated by wastewater. (d) “Project” includes, but is not limited to, financing, designing, constructing, repairing, replacing, maintaining, and operating collector systems, pumping stations, treatment plants, and lateral interceptors, and outfall sewers. (e) “Privatizer” means any corporation, partnership, or natural person, excluding municipal corporations, which owns and operates a wastewater or sewerage project pursuant to a franchise, license, or service agreement with a local agency. (Added by Stats. 1985, Ch. 1430, Sec. 4.)
  164. 54251.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 10. The Local Government Privatization Act of 1985 [54250 - 54256] ( Article 10 added by Stats. 1985, Ch. 1430, Sec. 4. )

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    A local agency may make privatization-related franchise, license, or service agreements, and a county board may charge certain standby sewer charges. If prior procedures were followed, the county may keep the charge at the same rate; proposed new or increased assessments trigger notice, protest, and hearing procedures.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 10. The Local Government Privatization Act of 1985 [54250 - 54256] ( Article 10 added by Stats. 1985, Ch. 1430, Sec. 4. ) ## 54251. (a) A local agency may, pursuant to this article, authorize, grant, or enter into one or more exclusive or nonexclusive franchise, license, or service agreements with a privatizer for the design, ownership, financing, construction, maintenance, or operation of a privatization project. (b) A local agency may enact any measures necessary and convenient to carry out this article. (c) Pursuant to Section 25215.6, within a county service area, a county board of supervisors may charge a standby charge for sewer service for a privatization project pursuant to this article. If the procedures set forth in this section as it read at the time a standby charge was established were followed, the county may, by resolution, continue the charge pursuant to this section in successive years at the same rate. If new, increased, or extended assessments are proposed, the county shall comply with the notice, protest, and hearing procedures in Section 53753. (Amended by Stats. 2008, Ch. 158, Sec. 6. Effective January 1, 2009.)
  165. 54252.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 10. The Local Government Privatization Act of 1985 [54250 - 54256] ( Article 10 added by Stats. 1985, Ch. 1430, Sec. 4. )

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    A privatizer must apply to the commission before signing certain agreements with a local agency, and the application must include information the commission requires. A local agency may obtain technical assistance from the commission and must reimburse its estimated reasonable costs.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 10. The Local Government Privatization Act of 1985 [54250 - 54256] ( Article 10 added by Stats. 1985, Ch. 1430, Sec. 4. ) ## 54252. (a) In accordance with Section 10013 of the Public Utilities Code, prior to signing a proposed franchise, license, or service agreement with a local agency, a privatizer shall apply to the commission for a determination that the proposed privatization project is not a public utility within the meaning of Section 216 of the Public Utilities Code and is therefore exempt from commission regulation. The application shall include such information as the commission requires to make this determination, as well as any information needed to comply with subdivisions (d) and (e) of Section 10013 of the Public Utilities Code. (b) A local agency may contract with the commission for any technical assistance deemed necessary to comply with Section 10013 of the Public Utilities Code and shall reimburse the commission for estimated reasonable costs. The local agency may charge the privatizer a fee to pay these costs. (Amended by Stats. 1992, Ch. 669, Sec. 1. Effective January 1, 1993.)
  166. 54253.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 10. The Local Government Privatization Act of 1985 [54250 - 54256] ( Article 10 added by Stats. 1985, Ch. 1430, Sec. 4. )

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    A local agency may not enter a privatization-project franchise, license, or service agreement until it meets several procedural, labor, ownership, and water-quality conditions.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 10. The Local Government Privatization Act of 1985 [54250 - 54256] ( Article 10 added by Stats. 1985, Ch. 1430, Sec. 4. ) ## 54253. No proposed franchise, license, or service agreement for a privatization project pursuant to this article shall be entered into between a local agency and a privatizer unless and until all of the following occur: (a) The local agency has selected the privatizer through a competitive procedure which is not based solely on the price offered by the privatizer. (b) The local agency has evaluated the project’s design, capacity, financial feasibility, and cost compared with other conventional financing methods, as well as other alternatives to the project and found that the project’s costs will be equal to, or lower than, conventional financing. (c) The local agency has conducted a noticed public hearing on the proposed franchise, license, or service agreement. The notice for the public hearing shall be published pursuant to Section 6062 and shall contain, at a minimum, all of the following: (1) A statement describing the proposed privatization project, including its cost and service area. (2) A statement of the time and place of the public hearing to be held for the purpose of hearing public comments on the proposed franchise, license, or service agreement for the privatization project. (3) A statement of where and when the proposed franchise, license, or service agreement will be available for public inspection prior to the hearing. (d) The local agency has adopted the contingent franchise, license, or service agreement for a privatization project by ordinance which states that it is subject to the provisions for referendum applicable to a local agency and to approval by the commission pursuant to Section 10013 of the Public Utilities Code. (e) The local agency retains ownership over any treated effluent from the privatization project that is not consigned to an outfall sewer but is made available for commercial or agricultural use. (f) The agreement contains provisions stating it shall be subject to the state’s prevailing wage laws. (g) The local agency has met and conferred with all affected employee organizations under whose jurisdiction the work or service proposed under the franchise, license, or service agreement would normally be performed. The local agency shall make all reasonable efforts to avoid reducing its existing work force or demoting its existing employees as a result of entering into the franchise, license, or service agreement. If any adverse impacts which are raised by either party during the meet and confer process are necessary, the local agency shall adopt by resolution detailed findings explaining the necessity for the adverse impacts. (h) The local agency finds that the privatizer has the expertise to ensure the continued operation and maintenance of the privatization project. This expertise shall include, but not be limited to, an adequate number of personnel certified in wastewater treatment plant operations pursuant to Chapter 9 (commencing with Section 13625) of Division 7 of the Water Code. (i) The agreement contains provisions to ensure that the privatization project is operated to meet any applicable federal or state water quality standards or other laws. (Amended by Stats. 1992, Ch. 669, Sec. 2. Effective January 1, 1993.)
  167. 54254.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 10. The Local Government Privatization Act of 1985 [54250 - 54256] ( Article 10 added by Stats. 1985, Ch. 1430, Sec. 4. )

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    If a local agency complies with Section 54253, that compliance also counts as compliance with Division 3 of the Public Utilities Code.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 10. The Local Government Privatization Act of 1985 [54250 - 54256] ( Article 10 added by Stats. 1985, Ch. 1430, Sec. 4. ) ## 54254. A local agency’s compliance with Section 54253 shall constitute compliance with Division 3 (commencing with Section 6001) of the Public Utilities Code. (Added by Stats. 1985, Ch. 1430, Sec. 4.)
  168. 54255.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 10. The Local Government Privatization Act of 1985 [54250 - 54256] ( Article 10 added by Stats. 1985, Ch. 1430, Sec. 4. )

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    Local agencies must publish ordinances subject to referendum within 15 days after adoption, and electors may petition for referendum on those ordinances.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 10. The Local Government Privatization Act of 1985 [54250 - 54256] ( Article 10 added by Stats. 1985, Ch. 1430, Sec. 4. ) ## 54255. (a) Any ordinance subject to referendum under Section 54253 shall be published after adoption as required by law for ordinances of the local agency generally, or, if there is no requirement applicable to the ordinance, then once pursuant to Sections 6040 to 6044, inclusive, within 15 days after the adoption of the ordinance. (b) If a local agency does not otherwise have statutory power to enact an ordinance pursuant to Section 54253, the governing body of the local agency may introduce and enact an ordinance at any regular or adjourned regular meeting by a majority vote of all of its members. If ordinances of a local agency are not otherwise subject to referendum, then the local agency may proceed as follows: (1) The governing body of the local agency may refer any ordinance enacted pursuant to Section 54253 to the electors of the local agency in the same manner as the board of supervisors of a county may refer county questions pursuant to Section 9140 of the Elections Code. (2) The electors of the local agency shall have the right to petition for referendum on the ordinance in the same manner and subject to the same rules as are set forth in Sections 9141 to 9145, inclusive, of the Elections Code, except that all computations referred to in those sections and officers of the county mentioned in those sections shall be construed to refer to comparable computations and officers of the local agency. (c) If the governing board of a local agency is an elected board, the electors of the local agency for the purposes of this section shall be the electors of the territory entitled to vote at elections for members of the governing board or in the case of county service area, the electors within the county service area. If a local agency does not have an elected governing board, the electors residing within the boundaries of the local agency who would be qualified to vote for candidates for Governor at any gubernatorial election shall be the electors of the local agency for the purposes of this section. (Amended by Stats. 1994, Ch. 923, Sec. 80. Effective January 1, 1995.)
  169. 54256.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 10. The Local Government Privatization Act of 1985 [54250 - 54256] ( Article 10 added by Stats. 1985, Ch. 1430, Sec. 4. )

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    A local agency may not pass an ordinance for one year after a successful referendum if the ordinance would authorize a franchise, license, or service agreement for the same or substantially the same purpose as a privatization project agreement ordinance.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 10. The Local Government Privatization Act of 1985 [54250 - 54256] ( Article 10 added by Stats. 1985, Ch. 1430, Sec. 4. ) ## 54256. In the event an ordinance enacted pursuant to Section 54253 authorizing a local agency to enter into a privatization project agreement is subjected to a successful referendum election, no ordinance authorizing the local agency to enter into a franchise, license, or service agreement for the same or substantially the same purpose shall be passed by that local agency for a period of one year from the date of the referendum, repeal, or rescission. (Added by Stats. 1985, Ch. 1430, Sec. 4.)
  170. 54260.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 11. Native American Ancestral Lands [54260 - 54262] ( Article 11 added by Stats. 2021, Ch. 291, Sec. 1. )

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    The provision says California should encourage state agencies, departments, boards, and commissions to look for ways to provide access to ancestral lands for Native American peoples.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 11. Native American Ancestral Lands [54260 - 54262] ( Article 11 added by Stats. 2021, Ch. 291, Sec. 1. ) ## 54260. The Legislature finds and declares all of the following: (a) In the early decades of California’s statehood, the relationship between the state and California Native Americans was fraught with violence, exploitation, dispossession, and the attempted destruction of tribal communities. In 1850, California passed a law called the “Act for the Government and Protection of Indians,” which facilitated removing California Native Americans from their traditional lands, separating children and adults from their families, languages, and culture, and creating a system of indentured servitude as punishment for minor crimes such as loitering. (b) Between the years 1850 and 1859, California Governors called for private and militia campaigns against Native American peoples in the state. In his 1851 State of the State Address, California’s first Governor declared “[t]hat a war of extermination will continue to be waged between the two races until the Indian race becomes extinct must be expected.” Subsequently, the state authorized $1,290,000 in 1850’s dollars to subsidize these militia campaigns. (c) Despite these wrongs, California Native Americans resisted, survived, and carried on cultural and linguistic traditions defying all odds. (d) On June 18, 2019, the Governor of the State of California signed Executive Order N-15-19 formally apologizing to California’s Native Americans for historical mistreatment, violence, and neglect; and acknowledged and affirmed that, while we cannot undo these wrongs, we can work together to improve the lives of California Native American peoples. (e) On September 25, 2020, the Governor of the State of California issued a Statement of Administration Policy (hereinafter “policy”) which encouraged every state agency, department, board, and commission to seek opportunities to provide access and inclusion of ancestral lands to Native American peoples. (f) The purpose of this policy is to support tribal self-determination and self-government, and reduce fractionation of tribal trust lands, among others things. (g) The actions associated with this policy include, but are not limited to, working cooperatively with California tribes that have ancestral territory within state-owned lands, assist them in acquiring those lands by prioritizing tribal purchase or transfer, and adopting preferential policies and practices for California tribes to access natural lands owned by the state that are located within ancestral lands, including coordinating with local governments to zone natural land in excess of state needs in a way that is conducive to tribal access and use. (h) The Legislature acknowledges that structural barriers to access and acquisition of ancestral lands have been prevalent at all levels of government, and promoting equity on both the state and local levels is of utmost importance. (Added by Stats. 2021, Ch. 291, Sec. 1. (SB 712) Effective January 1, 2022.)
  171. 54261.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 11. Native American Ancestral Lands [54260 - 54262] ( Article 11 added by Stats. 2021, Ch. 291, Sec. 1. )

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    This section defines several terms used in the article, including “economic benefits,” “fair evaluation of a fee-to-trust application,” “fee-to-trust,” and “local government.”

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 11. Native American Ancestral Lands [54260 - 54262] ( Article 11 added by Stats. 2021, Ch. 291, Sec. 1. ) ## 54261. For the purposes of this article, the following terms shall have the following meanings: (a) “Economic benefits” may include, but are not limited to the following: (1) Employment growth. (2) Housing development. (3) Infrastructure and environmental improvements. (4) Assistance to schools and education. (5) Assistance to public safety agencies and departments. (6) Assistance to nonprofit organizations. (b) “Fair evaluation of a fee-to-trust application” means consideration by a local government of a specific, individual fee-to-trust application on a case-by-case basis. (c) “Fee-to-trust” refers to the land acquisition procedures described in Part 151 of Title 25 of the Code of Federal Regulations (25 C.F.R. 151). (d) “Local government” as used in this article refers to a county, a city, a city and county, and a special district. (Added by Stats. 2021, Ch. 291, Sec. 1. (SB 712) Effective January 1, 2022.)
  172. 54262.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 11. Native American Ancestral Lands [54260 - 54262] ( Article 11 added by Stats. 2021, Ch. 291, Sec. 1. )

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    Local governments may not block fair review of a fee-to-trust application, and if they oppose one they must request and, when received in time, include tribe-provided economic benefits information.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Property [54000 - 54262] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## ARTICLE 11. Native American Ancestral Lands [54260 - 54262] ( Article 11 added by Stats. 2021, Ch. 291, Sec. 1. ) ## 54262. (a) State and local governments are encouraged to work cooperatively with California federally recognized tribes in their fee-to-trust applications for purposes of regaining ancestral lands. (b) State and local governments are encouraged to support California federally recognized tribes in their nongaming fee-to-trust applications. (c) A local government shall not adopt or enforce a resolution or ordinance that would prevent the local government from conducting a fair evaluation of a fee-to-trust application based on the merits of the application. (d) (1) A local government that opposes a fee-to-trust application shall do both of the following: (A) Request, by certified mail to the applicant tribe, within 10 days of receiving the notice from the federal government, information from the tribe on the economic benefits to the local government from both the project that is the subject of the application, if applicable, and the tribe’s economic contribution to the local jurisdiction in the last five years. (B) If the local government receives information on economic benefits from the applicant tribe within 10 days of the local government’s request to the tribe, include the information on economic benefits, as described in subparagraph (A) in any opposition letter or other document submitted to the federal government, either in its response or as an attachment to its response. (2) If the applicant tribe does not provide information on economic benefits within 10 days of the request, the local government shall not be required to submit information on economic benefits in its response to the federal government. (Added by Stats. 2021, Ch. 291, Sec. 1. (SB 712) Effective January 1, 2022.)
  173. 54280.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5.5. Water Research and Development [54280 - 54281] ( Chapter 5.5 added by Stats. 1959, Ch. 2084. )

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    This section defines key terms used in the chapter, including “local agency,” “United States,” and “State.”

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5.5. Water Research and Development [54280 - 54281] ( Chapter 5.5 added by Stats. 1959, Ch. 2084. ) ## 54280. As used in this chapter: (a) “Local agency” means county, city, or any public district empowered to distribute water or engage in flood control. (b) “United States” includes any department, board, agency, or officer thereof. (c) “State” means the State of California or any department, agency, or officer thereof. (Added by Stats. 1959, Ch. 2084.)
  174. 54281.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5.5. Water Research and Development [54280 - 54281] ( Chapter 5.5 added by Stats. 1959, Ch. 2084. )

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    A local agency may take part in sea water conversion projects and related plant activities, including acquiring, building, operating, maintaining, selling, buying, leasing, and providing funds or property.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5.5. Water Research and Development [54280 - 54281] ( Chapter 5.5 added by Stats. 1959, Ch. 2084. ) ## 54281. For the purpose of carrying out the objective of Public Law 85-883, September 2, 1958, 72 Stat. 1706 (42 U.S.C. 1958a-1958g), which contemplates the construction, operation, and maintenance of a sea water conversion demonstration plant upon the West Coast of the United States, or any other act of Congress relating to sea water conversion plants which requires or contemplates local participation, any local agency acting directly, or by entering into a contract or contracts with the State, the United States, or any other local agency or agencies, or with any combination of them, may acquire, construct, operate, and maintain any sea water conversion demonstration plant as defined in Public Law 85-883 and all works and facilities necessary therefor. A local agency may also acquire water, sea water, and energy necessary therefor, may sell or buy or lease any such plant, or the products of any such plant, acquired or constructed under this chapter or under any act of Congress, may acquire and operate and maintain any sea water conversion plant or demonstration plant, and may make available to the State or the United States upon such terms as are mutually agreeable any funds or real or personal property of the local agency. (Added by Stats. 1959, Ch. 2084.)
  175. 543.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. SEAT OF GOVERNMENT, POLITICAL DIVISIONS, AND LEGAL DISTANCES [450 - 559] ( Division 3 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 6. Legal Distances [500 - 559] ( Chapter 6 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    The distance from the county seat of Santa Barbara County to Sacramento is 460 miles.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. SEAT OF GOVERNMENT, POLITICAL DIVISIONS, AND LEGAL DISTANCES [450 - 559] ( Division 3 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 6. Legal Distances [500 - 559] ( Chapter 6 enacted by Stats. 1943, Ch. 134. ) ## 543. From the county seat of Santa Barbara County to Sacramento it is four hundred and sixty (460) miles. (Enacted by Stats. 1943, Ch. 134.)
  176. 54300.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6. Revenue Bond Law of 1941 [54300 - 54700] ( Heading of Chapter 6 amended by Stats. 1959, Ch. 597. ) ## ARTICLE 1. Definitions and General Provisions [54300 - 54316] ( Article 1 added by Stats. 1949, Ch. 81. )

    Verify source ↗

    This chapter may be cited as the Revenue Bond Law of 1941.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6. Revenue Bond Law of 1941 [54300 - 54700] ( Heading of Chapter 6 amended by Stats. 1959, Ch. 597. ) ## ARTICLE 1. Definitions and General Provisions [54300 - 54316] ( Article 1 added by Stats. 1949, Ch. 81. ) ## 54300. This chapter may be cited as the Revenue Bond Law of 1941. (Amended by Stats. 1953, Ch. 526.)
  177. 54301.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6. Revenue Bond Law of 1941 [54300 - 54700] ( Heading of Chapter 6 amended by Stats. 1959, Ch. 597. ) ## ARTICLE 1. Definitions and General Provisions [54300 - 54316] ( Article 1 added by Stats. 1949, Ch. 81. )

    Verify source ↗

    This chapter states that it is full authority for issuing bonds and for acquiring, constructing, or improving any enterprise under the chapter.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6. Revenue Bond Law of 1941 [54300 - 54700] ( Heading of Chapter 6 amended by Stats. 1959, Ch. 597. ) ## ARTICLE 1. Definitions and General Provisions [54300 - 54316] ( Article 1 added by Stats. 1949, Ch. 81. ) ## 54301. This chapter is full authority for the issuance of bonds and the acquisition, construction, or improvement of any enterprise pursuant to this chapter. (Added by Stats. 1949, Ch. 81.)
  178. 54301.1.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6. Revenue Bond Law of 1941 [54300 - 54700] ( Heading of Chapter 6 amended by Stats. 1959, Ch. 597. ) ## ARTICLE 1. Definitions and General Provisions [54300 - 54316] ( Article 1 added by Stats. 1949, Ch. 81. )

    Verify source ↗

    This chapter is meant to give local agencies an alternate way to finance an enterprise, unless bonds are specifically prohibited for that agency.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6. Revenue Bond Law of 1941 [54300 - 54700] ( Heading of Chapter 6 amended by Stats. 1959, Ch. 597. ) ## ARTICLE 1. Definitions and General Provisions [54300 - 54316] ( Article 1 added by Stats. 1949, Ch. 81. ) ## 54301.1. This chapter is intended to provide to any local agency heretofore or hereafter created or authorized to be created an alternate method of financing any enterprise (as said term is hereinafter defined), unless the issuance of bonds as defined in Section 54313 is specifically prohibited to such local agency by the Constitution of the State of California or by the law or charter pursuant to which such local agency is organized and operates. (Added by Stats. 1953, Ch. 526.)
  179. 54302.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6. Revenue Bond Law of 1941 [54300 - 54700] ( Heading of Chapter 6 amended by Stats. 1959, Ch. 597. ) ## ARTICLE 1. Definitions and General Provisions [54300 - 54316] ( Article 1 added by Stats. 1949, Ch. 81. )

    Verify source ↗

    This section says the chapter’s powers add to other legal powers, and its limits do not reduce powers given by other laws.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6. Revenue Bond Law of 1941 [54300 - 54700] ( Heading of Chapter 6 amended by Stats. 1959, Ch. 597. ) ## ARTICLE 1. Definitions and General Provisions [54300 - 54316] ( Article 1 added by Stats. 1949, Ch. 81. ) ## 54302. The powers conferred by this chapter are in addition to, and the limitations imposed by this chapter do not affect, the powers conferred by any other law. (Added by Stats. 1949, Ch. 81.)
  180. 54303.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6. Revenue Bond Law of 1941 [54300 - 54700] ( Heading of Chapter 6 amended by Stats. 1959, Ch. 597. ) ## ARTICLE 1. Definitions and General Provisions [54300 - 54316] ( Article 1 added by Stats. 1949, Ch. 81. )

    Verify source ↗

    If this chapter conflicts with another law, this chapter controls.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6. Revenue Bond Law of 1941 [54300 - 54700] ( Heading of Chapter 6 amended by Stats. 1959, Ch. 597. ) ## ARTICLE 1. Definitions and General Provisions [54300 - 54316] ( Article 1 added by Stats. 1949, Ch. 81. ) ## 54303. If this chapter is inconsistent with any other law, this chapter is controlling. (Added by Stats. 1949, Ch. 81.)
  181. 54304.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6. Revenue Bond Law of 1941 [54300 - 54700] ( Heading of Chapter 6 amended by Stats. 1959, Ch. 597. ) ## ARTICLE 1. Definitions and General Provisions [54300 - 54316] ( Article 1 added by Stats. 1949, Ch. 81. )

    Verify source ↗

    This chapter must be interpreted liberally to promote its purposes.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6. Revenue Bond Law of 1941 [54300 - 54700] ( Heading of Chapter 6 amended by Stats. 1959, Ch. 597. ) ## ARTICLE 1. Definitions and General Provisions [54300 - 54316] ( Article 1 added by Stats. 1949, Ch. 81. ) ## 54304. This chapter shall be liberally construed to promote its objects. (Added by Stats. 1949, Ch. 81.)
  182. 54305.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6. Revenue Bond Law of 1941 [54300 - 54700] ( Heading of Chapter 6 amended by Stats. 1959, Ch. 597. ) ## ARTICLE 1. Definitions and General Provisions [54300 - 54316] ( Article 1 added by Stats. 1949, Ch. 81. )

    Verify source ↗

    A defect or omission by an officer or local agency in chapter proceedings does not invalidate the proceedings or bonds if the legislative body’s authority to order the proposed act is unaffected.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6. Revenue Bond Law of 1941 [54300 - 54700] ( Heading of Chapter 6 amended by Stats. 1959, Ch. 597. ) ## ARTICLE 1. Definitions and General Provisions [54300 - 54316] ( Article 1 added by Stats. 1949, Ch. 81. ) ## 54305. If the jurisdiction of the legislative body to order the proposed act is not affected, the defect or omission of any officer or any local agency in proceedings under this chapter does not invalidate the proceedings or bonds issued under this chapter. (Added by Stats. 1949, Ch. 81.)
  183. 54306.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6. Revenue Bond Law of 1941 [54300 - 54700] ( Heading of Chapter 6 amended by Stats. 1959, Ch. 597. ) ## ARTICLE 1. Definitions and General Provisions [54300 - 54316] ( Article 1 added by Stats. 1949, Ch. 81. )

    Verify source ↗

    This article says that terms defined in it have the meanings given here unless the context requires a different meaning.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6. Revenue Bond Law of 1941 [54300 - 54700] ( Heading of Chapter 6 amended by Stats. 1959, Ch. 597. ) ## ARTICLE 1. Definitions and General Provisions [54300 - 54316] ( Article 1 added by Stats. 1949, Ch. 81. ) ## 54306. The terms defined in this article have the meanings set forth unless the context requires a different meaning. (Added by Stats. 1949, Ch. 81.)
  184. 54307.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6. Revenue Bond Law of 1941 [54300 - 54700] ( Heading of Chapter 6 amended by Stats. 1959, Ch. 597. ) ## ARTICLE 1. Definitions and General Provisions [54300 - 54316] ( Article 1 added by Stats. 1949, Ch. 81. )

    Verify source ↗

    This section defines “local agency” for this chapter.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6. Revenue Bond Law of 1941 [54300 - 54700] ( Heading of Chapter 6 amended by Stats. 1959, Ch. 597. ) ## ARTICLE 1. Definitions and General Provisions [54300 - 54316] ( Article 1 added by Stats. 1949, Ch. 81. ) ## 54307. “Local agency” means any city, county, city and county, or any municipal or public corporation or district which is authorized to acquire, construct, own, or operate any enterprise as defined in Section 54309. (Amended by Stats. 1979, Ch. 373.)
  185. 54307.1.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6. Revenue Bond Law of 1941 [54300 - 54700] ( Heading of Chapter 6 amended by Stats. 1959, Ch. 597. ) ## ARTICLE 1. Definitions and General Provisions [54300 - 54316] ( Article 1 added by Stats. 1949, Ch. 81. )

    Verify source ↗

    This section expands the meaning of “local agency” and gives such local agencies or entities power to use and manage hydroelectric power related to their sewage, waste, or storm water enterprises.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6. Revenue Bond Law of 1941 [54300 - 54700] ( Heading of Chapter 6 amended by Stats. 1959, Ch. 597. ) ## ARTICLE 1. Definitions and General Provisions [54300 - 54316] ( Article 1 added by Stats. 1949, Ch. 81. ) ## 54307.1. “Local agency” also means any entity or agency created pursuant to Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 for the purpose of acquiring, constructing, maintaining, or operating an enterprise for the collection, treatment, or disposal of sewage, waste, or storm water. (a) Any proposition submitted to an election held within such local agency or entity for the purpose of authorizing bonds shall be deemed adopted if it receives the affirmative vote of a majority of all the voters voting on the proposition. Such election shall be held within the combined territory of all agencies which, pursuant to Chapter 5 (commencing with Section 6500) of Division 7 of Title 1, have jointly created such local agency or entity; provided that if a public agency has entered into an agreement pursuant to Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 on behalf of a county service area, improvement zone, improvement district, maintenance district, or other zone or area, only the territory of such county service area, improvement zone, maintenance district, improvement district, or other zone or area shall be included in the combined territory in which the election shall be held. (b) If compliance with a water quality control plan, adopted pursuant to Division 7 (commencing with Section 13000) of the Water Code, requires the construction of facilities for the collection, treatment, or disposal of sewage, waste, or storm water, and if the appropriate regional water quality control board, in a cease and desist order or by other action of the board, finds or determines that immediate action for the planning and construction of such facilities is urgently needed for the compliance with such plan and the prevention of pollution, the election procedures of Article 3 (commencing with Section 54380) of this chapter shall not be applicable, but undertaking the improvement shall be subject to referendum on the issuance of bonds. The resolution of the local agency or entity authorizing the issuance of bonds pursuant to this chapter shall be subject to referendum within the combined territory of all the agencies which, pursuant to Chapter 5 (commencing with Section 6500) of Division 7 of Title 1, have created such local agency or entity. Referendum procedures shall, as nearly as practicable, be those specified in Section 6547.2. For the purposes of Section 6547.2, however, “local agency” shall mean the local agency or entity authorizing the issuance of bonds. The electors of such local agency for the purposes of such section shall be the electors residing within the boundaries of the local agency or entity who would be qualified to vote for candidates for Governor; provided that, should all of the parties to the agreement be “landowner-voter districts” as defined in Section 56048, the agreement shall provide which principal district act shall apply for the purpose of determining voter qualifications, manner of voting, and number of votes each voter is entitled to cast. A majority vote against the issuance of bonds shall have the effect of rescinding the resolution authorizing the issuance of bonds. In the event that all parties to the agreement are “landowner-voter districts” as defined in Section 56048, and the agreement fails to specify which principal act shall apply for the purposes of determining voter qualifications, voting shall occur in the manner specified in Division 13 (commencing with Section 34000) of the Water Code. (c) Such local agency or entity shall have the power to utilize any part of its waste or storm water or any parts of the enterprise acquired or constructed through the issuance of bonds of the local agency or entity to provide, generate, and deliver hydroelectric power, and may acquire, construct, operate, and maintain any and all works, facilities, improvements, and property necessary or convenient for such utilization. (d) Such local agency or entity shall have the power (1) pursuant to contract, to provide, sell, and deliver hydroelectric power to the federal government or to any board, department, or agency thereof, to the State of California for purposes of the State Water Resources Development System, and to any public agency, private corporation, or any other person or entity, or any combination thereof, engaged in the sale of electric power at retail; or (2) to use all or any part of such hydroelectric power directly, or indirectly through exchange, in exercising any other power of such local agency or entity. (e) Such local agency or entity shall have the power to acquire, construct, maintain, and operate works, facilities, improvements, and property necessary for the provision, generation, and delivery of hydroelectric power pursuant to subdivisions (c) and (d) of this section. (Amended by Stats. 1978, Ch. 333.)
  186. 54307.2.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6. Revenue Bond Law of 1941 [54300 - 54700] ( Heading of Chapter 6 amended by Stats. 1959, Ch. 597. ) ## ARTICLE 1. Definitions and General Provisions [54300 - 54316] ( Article 1 added by Stats. 1949, Ch. 81. )

    Verify source ↗

    This section expands the definition of “local agency” to include certain joint powers agencies for electric energy, and it requires member public agencies to carry out a specified bond election procedure when the joint powers agency adopts the stated resolution.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6. Revenue Bond Law of 1941 [54300 - 54700] ( Heading of Chapter 6 amended by Stats. 1959, Ch. 597. ) ## ARTICLE 1. Definitions and General Provisions [54300 - 54316] ( Article 1 added by Stats. 1949, Ch. 81. ) ## 54307.2. “Local agency” also means any joint powers agency created pursuant to Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 for the generating, producing, or transmitting of electric energy for lighting, heating, and power for public or private uses. In lieu of holding an election within the joint powers agency, upon the adoption by the joint powers agency of the resolution referred to in Article 3 (commencing with Section 54380) of this chapter, each member public agency of the joint powers agency whose revenues are to be pledged to secure the bonds shall implement such resolution by conducting the election within its boundaries in accordance with the provisions of this chapter. The proposition authorizing the bonds shall be deemed adopted if it receives the affirmative vote of a majority of all the voters voting on the proposition within each of such public agencies. (Added by Stats. 1974, Ch. 953.)
  187. 54307.3.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6. Revenue Bond Law of 1941 [54300 - 54700] ( Heading of Chapter 6 amended by Stats. 1959, Ch. 597. ) ## ARTICLE 1. Definitions and General Provisions [54300 - 54316] ( Article 1 added by Stats. 1949, Ch. 81. )

    Verify source ↗

    This section expands the meaning of “local agency” and says a bond-authorizing proposition in such an election is adopted if it gets a majority of votes cast on it.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6. Revenue Bond Law of 1941 [54300 - 54700] ( Heading of Chapter 6 amended by Stats. 1959, Ch. 597. ) ## ARTICLE 1. Definitions and General Provisions [54300 - 54316] ( Article 1 added by Stats. 1949, Ch. 81. ) ## 54307.3. “Local agency” also means any entity or agency created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 for the purpose of acquiring, constructing, maintaining, or operating systems, plants, buildings, works or other facilities or property for the purposes of disposal, treatment, or conversion to energy and reusable materials of solid waste. Any proposition submitted to an election held within such local agency for the purpose of authorizing bonds shall be deemed adopted if it receives the affirmative vote of a majority of all the voters voting on the proposition. Such an election shall be held within the combined territory of all local agencies which, pursuant to such Article 1, have jointly created such entity or agency. (Added by Stats. 1978, Ch. 1011.)
  188. 54307.4.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6. Revenue Bond Law of 1941 [54300 - 54700] ( Heading of Chapter 6 amended by Stats. 1959, Ch. 597. ) ## ARTICLE 1. Definitions and General Provisions [54300 - 54316] ( Article 1 added by Stats. 1949, Ch. 81. )

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    Bonds for wind-powered electric energy facilities are exempt from Article 3 election procedures, but the improvement and bond issuance must be authorized by ordinance or resolution of the local agency governing board and are subject to referendum.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6. Revenue Bond Law of 1941 [54300 - 54700] ( Heading of Chapter 6 amended by Stats. 1959, Ch. 597. ) ## ARTICLE 1. Definitions and General Provisions [54300 - 54316] ( Article 1 added by Stats. 1949, Ch. 81. ) ## 54307.4. Issuance of bonds for the construction of facilities for the generation, production, or transmission of electric energy by wind for lighting, heating, and power for public or private uses, shall not be subject to the election procedures of Article 3 (commencing with Section 54380), but undertaking the improvement, and the issuance of bonds therefor, shall be authorized by ordinance or resolution of the local agency governing board, and shall be subject to referendum. (Added by Stats. 1981, Ch. 320, Sec. 1.)
  189. 54308.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6. Revenue Bond Law of 1941 [54300 - 54700] ( Heading of Chapter 6 amended by Stats. 1959, Ch. 597. ) ## ARTICLE 1. Definitions and General Provisions [54300 - 54316] ( Article 1 added by Stats. 1949, Ch. 81. )

    Verify source ↗

    For this section, “law” includes the charter of a local agency.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6. Revenue Bond Law of 1941 [54300 - 54700] ( Heading of Chapter 6 amended by Stats. 1959, Ch. 597. ) ## ARTICLE 1. Definitions and General Provisions [54300 - 54316] ( Article 1 added by Stats. 1949, Ch. 81. ) ## 54308. “Law” includes the charter of a local agency. (Added by Stats. 1949, Ch. 81.)
  190. 54309.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6. Revenue Bond Law of 1941 [54300 - 54700] ( Heading of Chapter 6 amended by Stats. 1959, Ch. 597. ) ## ARTICLE 1. Definitions and General Provisions [54300 - 54316] ( Article 1 added by Stats. 1949, Ch. 81. )

    Verify source ↗

    This section defines “enterprise” for this chapter as a revenue-producing public works or facility project used for listed purposes such as water, sewage, parking, transportation, airports, harbors, hospitals, golf courses, and electric energy.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6. Revenue Bond Law of 1941 [54300 - 54700] ( Heading of Chapter 6 amended by Stats. 1959, Ch. 597. ) ## ARTICLE 1. Definitions and General Provisions [54300 - 54316] ( Article 1 added by Stats. 1949, Ch. 81. ) ## 54309. “Enterprise” means a revenue-producing improvement, building, system, plant, works, facilities, or undertaking used for or useful for any of the following purposes: (a) The obtaining, conserving, treating and supplying of water for domestic use, irrigation, sanitation, industrial use, fire protection, recreation, or any other public or private uses. (b) The collection, treatment or disposal of garbage or refuse matter. (c) The collection, treatment or disposal of sewage, waste or storm water, including drainage. (d) The providing of public parking lots, garages, or other automotive or vehicular parking facilities, including any and all public offstreet vehicular parking facilities. (e) The providing of public transportation by means of a ferry or ferry system. (f) The providing of public airports and facilities appurtenant thereto. (g) The providing of harbors, including without limitation public small boat harbors, and facilities and improvements in connection therewith. (h) The providing of hospitals and facilities appurtenant thereto. (i) The providing of public golf courses, and facilities and improvements in connection therewith. (j) The generation, production, or transmission of electric energy for lighting, heating, and power for public or private uses. (Amended by Stats. 1974, Ch. 953.)
  191. 54309.1.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6. Revenue Bond Law of 1941 [54300 - 54700] ( Heading of Chapter 6 amended by Stats. 1959, Ch. 597. ) ## ARTICLE 1. Definitions and General Provisions [54300 - 54316] ( Article 1 added by Stats. 1949, Ch. 81. )

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    This section defines “enterprise” broadly to include many kinds of property, facilities, equipment, and related rights.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6. Revenue Bond Law of 1941 [54300 - 54700] ( Heading of Chapter 6 amended by Stats. 1959, Ch. 597. ) ## ARTICLE 1. Definitions and General Provisions [54300 - 54316] ( Article 1 added by Stats. 1949, Ch. 81. ) ## 54309.1. “Enterprise” includes, but is not limited to, all parts of the enterprise, all appurtenances to it, and: (a) Lands, easements, rights in land, water rights, contract rights, and franchises; (b) Approaches, dams, reservoirs, trunk, connecting, and other water mains, filtration works, pumping stations, water supply, storage, and distribution facilities and equipment; (c) Garbage trucks, equipment, dumps, garbage disposal plants, and incinerators or other disposal facilities, including facilities to sort and prepare components of solid waste for sale and facilities to convert solid waste to energy and reusable materials; (d) Sewage treatment plants, sewage disposal plants, intercepting and collecting sewers, outfall sewers, trunk, connecting, and other sewer mains; (e) The franchises or licenses to operate a ferry or ferry system, all boats and vessels, all land and interest in land, all slips, wharves, piers, landing places, approaches, and all facilities and equipment used in the maintenance and operation of a ferry or ferry system, or harbor, including small boat harbors, marinas, aquatic playgrounds, and similar recreational facilities; (f) Ambulances, both inpatient and outpatient facilities, laboratories, pharmacies, surgical instruments, and equipment of such nature as may be reasonably necessary for the treatment of patients; and (g) All buildings, structures, improvements, equipment, ditches, canals, and facilities whatsoever appurtenant or relating to the enterprise. (Amended by Stats. 1978, Ch. 1011.)
  192. 54310.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6. Revenue Bond Law of 1941 [54300 - 54700] ( Heading of Chapter 6 amended by Stats. 1959, Ch. 597. ) ## ARTICLE 1. Definitions and General Provisions [54300 - 54316] ( Article 1 added by Stats. 1949, Ch. 81. )

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    This section excludes certain electric and gas utility systems from the definition of “Enterprise” and bars local agencies from borrowing money and issuing bonds for them, with an exception for certain solid-waste-to-energy projects.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6. Revenue Bond Law of 1941 [54300 - 54700] ( Heading of Chapter 6 amended by Stats. 1959, Ch. 597. ) ## ARTICLE 1. Definitions and General Provisions [54300 - 54316] ( Article 1 added by Stats. 1949, Ch. 81. ) ## 54310. “Enterprise” does not include, and this chapter does not authorize a local agency to borrow money and issue bonds for, systems, plants, works, or undertakings for: (a) The distribution of electric energy for lighting, heating, and power for public or private uses. (b) The generation, production, transmission, and distribution of gas for public or private uses. These exclusions shall not apply to systems, plants, works, or undertakings which result in conversion to energy and reusable materials of solid waste as defined in Section 66719. (Amended by Stats. 1978, Ch. 1011.)
  193. 54311.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6. Revenue Bond Law of 1941 [54300 - 54700] ( Heading of Chapter 6 amended by Stats. 1959, Ch. 597. ) ## ARTICLE 1. Definitions and General Provisions [54300 - 54316] ( Article 1 added by Stats. 1949, Ch. 81. )

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    The legislative body may define “enterprise” in a bond-election resolution, subject to Sections 54309 and 54310.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6. Revenue Bond Law of 1941 [54300 - 54700] ( Heading of Chapter 6 amended by Stats. 1959, Ch. 597. ) ## ARTICLE 1. Definitions and General Provisions [54300 - 54316] ( Article 1 added by Stats. 1949, Ch. 81. ) ## 54311. Subject to the limitations of Sections 54309 and 54310, in any resolution calling an election for the issuance of bonds for acquiring, constructing, improving, or financing any enterprise, the legislative body may define “enterprise” and that definition applies to the bonds authorized at the election. (Amended by Stats. 1953, Ch. 526.)
  194. 54312.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6. Revenue Bond Law of 1941 [54300 - 54700] ( Heading of Chapter 6 amended by Stats. 1959, Ch. 597. ) ## ARTICLE 1. Definitions and General Provisions [54300 - 54316] ( Article 1 added by Stats. 1949, Ch. 81. )

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    This section defines “improve” to include reconstructing, replacing, extending, repairing, bettering, equipping, developing, embellishing, or otherwise improving something.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6. Revenue Bond Law of 1941 [54300 - 54700] ( Heading of Chapter 6 amended by Stats. 1959, Ch. 597. ) ## ARTICLE 1. Definitions and General Provisions [54300 - 54316] ( Article 1 added by Stats. 1949, Ch. 81. ) ## 54312. “Improve” means reconstruct, replace, extend, repair, better, equip, develop, embellish, or otherwise improve. (Added by Stats. 1949, Ch. 81.)
  195. 54313.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6. Revenue Bond Law of 1941 [54300 - 54700] ( Heading of Chapter 6 amended by Stats. 1959, Ch. 597. ) ## ARTICLE 1. Definitions and General Provisions [54300 - 54316] ( Article 1 added by Stats. 1949, Ch. 81. )

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    “Bonds” includes certain bonds, notes, or other obligations issued by a local agency under this chapter and paid only from specified enterprise revenues and related funds.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6. Revenue Bond Law of 1941 [54300 - 54700] ( Heading of Chapter 6 amended by Stats. 1959, Ch. 597. ) ## ARTICLE 1. Definitions and General Provisions [54300 - 54316] ( Article 1 added by Stats. 1949, Ch. 81. ) ## 54313. “Bonds” means bonds, notes, or other obligations issued by a local agency pursuant to this chapter and payable exclusively from revenues of an enterprise and from any or all of the other funds referred to in Section 54478 upon which the bonds, notes, or other obligations are to be made a charge and from which they are to be payable. (Amended by Stats. 1990, Ch. 1130, Sec. 1.)
  196. 54314.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6. Revenue Bond Law of 1941 [54300 - 54700] ( Heading of Chapter 6 amended by Stats. 1959, Ch. 597. ) ## ARTICLE 1. Definitions and General Provisions [54300 - 54316] ( Article 1 added by Stats. 1949, Ch. 81. )

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    “Charges” includes fees, tolls, rates, and rentals.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6. Revenue Bond Law of 1941 [54300 - 54700] ( Heading of Chapter 6 amended by Stats. 1959, Ch. 597. ) ## ARTICLE 1. Definitions and General Provisions [54300 - 54316] ( Article 1 added by Stats. 1949, Ch. 81. ) ## 54314. “Charges” includes fees, tolls, rates, and rentals. (Added by Stats. 1949, Ch. 81.)
  197. 54315.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6. Revenue Bond Law of 1941 [54300 - 54700] ( Heading of Chapter 6 amended by Stats. 1959, Ch. 597. ) ## ARTICLE 1. Definitions and General Provisions [54300 - 54316] ( Article 1 added by Stats. 1949, Ch. 81. )

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    This section defines “revenues” for a local agency’s enterprise to include charges, income, receipts, and certain amounts deposited in funds used to secure or pay bonds or interest.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6. Revenue Bond Law of 1941 [54300 - 54700] ( Heading of Chapter 6 amended by Stats. 1959, Ch. 597. ) ## ARTICLE 1. Definitions and General Provisions [54300 - 54316] ( Article 1 added by Stats. 1949, Ch. 81. ) ## 54315. “Revenues” mean all charges received for, and all other income and receipts derived by the local agency from, the operation of the enterprise or arising from the enterprise. Revenues include revenue deposited in a sinking, redemption, or reserve fund or other fund to secure the bonds or to provide for the payment of them or the interest on them. (Added by Stats. 1949, Ch. 81.)
  198. 54316.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6. Revenue Bond Law of 1941 [54300 - 54700] ( Heading of Chapter 6 amended by Stats. 1959, Ch. 597. ) ## ARTICLE 1. Definitions and General Provisions [54300 - 54316] ( Article 1 added by Stats. 1949, Ch. 81. )

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    This section defines who counts as a “holder of bonds” or “bondholder.”

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6. Revenue Bond Law of 1941 [54300 - 54700] ( Heading of Chapter 6 amended by Stats. 1959, Ch. 597. ) ## ARTICLE 1. Definitions and General Provisions [54300 - 54316] ( Article 1 added by Stats. 1949, Ch. 81. ) ## 54316. “Holder of bonds” or “bondholder” means: (a) The bearer of any outstanding bond registered to bearer or not registered. (b) The registered owner of an outstanding bond registered other than to bearer at the time. (Added by Stats. 1949, Ch. 81.)
  199. 54340.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6. Revenue Bond Law of 1941 [54300 - 54700] ( Heading of Chapter 6 amended by Stats. 1959, Ch. 597. ) ## ARTICLE 2. Powers of a Local Agency [54340 - 54358] ( Article 2 added by Stats. 1949, Ch. 81. )

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    A local agency may acquire any enterprise by gift, purchase, or eminent domain.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6. Revenue Bond Law of 1941 [54300 - 54700] ( Heading of Chapter 6 amended by Stats. 1959, Ch. 597. ) ## ARTICLE 2. Powers of a Local Agency [54340 - 54358] ( Article 2 added by Stats. 1949, Ch. 81. ) ## 54340. A local agency may acquire any enterprise by gift, purchase, or eminent domain. (Added by Stats. 1949, Ch. 81.)
  200. 54341.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6. Revenue Bond Law of 1941 [54300 - 54700] ( Heading of Chapter 6 amended by Stats. 1959, Ch. 597. ) ## ARTICLE 2. Powers of a Local Agency [54340 - 54358] ( Article 2 added by Stats. 1949, Ch. 81. )

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    A local agency may build or improve an enterprise, acquire and dispose of property and water rights, and alter property or rights-of-way needed for an enterprise.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6. Revenue Bond Law of 1941 [54300 - 54700] ( Heading of Chapter 6 amended by Stats. 1959, Ch. 597. ) ## ARTICLE 2. Powers of a Local Agency [54340 - 54358] ( Article 2 added by Stats. 1949, Ch. 81. ) ## 54341. A local agency may construct or improve any enterprise wholly or partially within or wholly without the local agency. By gift, lease, purchase, eminent domain, or otherwise, it may acquire any real or personal property, or any interest in or improvement on any such property, or any water rights for an enterprise, except that no property of a state public body may be acquired without its consent. A local agency may sell, lease, exchange, transfer, assign or otherwise dispose of any real or personal property or any interest in such property. It may lay out, open, extend, widen, straighten, establish or change the grade of any real property or public rights of way necessary or convenient for any enterprise. (Amended by Stats. 1953, Ch. 811.)

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