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<ns0:Id>20250SB__143999INT</ns0:Id>
<ns0:VersionNum>99</ns0:VersionNum>
<ns0:History>
<ns0:Action>
<ns0:ActionText>INTRODUCED</ns0:ActionText>
<ns0:ActionDate>2026-03-11</ns0:ActionDate>
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<ns0:LegislativeInfo>
<ns0:SessionYear>2025</ns0:SessionYear>
<ns0:SessionNum>0</ns0:SessionNum>
<ns0:MeasureType>SB</ns0:MeasureType>
<ns0:MeasureNum>1439</ns0:MeasureNum>
<ns0:MeasureState>INT</ns0:MeasureState>
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<ns0:AuthorText authorType="LEAD_AUTHOR">Introduced by Committee on Local Government (Senators Durazo (Chair), Arreguín, Ashby, Cervantes, Choi, Laird, and Seyarto)</ns0:AuthorText>
<ns0:Authors>
<ns0:Committee>
<ns0:Contribution>LEAD_AUTHOR</ns0:Contribution>
<ns0:House>SENATE</ns0:House>
<ns0:Name>Committee on Local Government</ns0:Name>
<ns0:Members>Senators Durazo (Chair), Arreguín, Ashby, Cervantes, Choi, Laird, and Seyarto</ns0:Members>
</ns0:Committee>
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<ns0:Title> An act to amend Sections 24011, 26802, 26803, 26803.5, 26807, 26809, 26831, 26837, 26840.1, 27297.7, 53601, 53651, and 54221 of the Government Code, relating to local government. </ns0:Title>
<ns0:RelatingClause>local government</ns0:RelatingClause>
<ns0:GeneralSubject>
<ns0:Subject>Local government: omnibus bill.</ns0:Subject>
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(1)
<html:span class="EnSpace"/>
Existing law requires specified county officers, including the public administrator, to be elected by the people. Existing law authorizes the boards of supervisors of specified counties to provide, by ordinance, that the public administrator be appointed by the board. Existing law also authorizes the boards of supervisors of specified counties, by ordinance, to appoint the same person to the offices of public administrator and public guardian, and to, at any time, separate the consolidated offices of the district attorney and public administrator, as specified.
</html:p>
<html:p>This bill would apply those provisions to the County of Merced.</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Existing law establishes the office of the county clerk, and requires a county clerk, among other things, to take charge of and
safely keep all books, papers, and records that are filed or deposited in the county clerk’s office pursuant to law.
</html:p>
<html:p>This bill would make technical changes to various provisions relating to the county clerk to use gender-neutral language and update a cross-reference.</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Existing law establishes the office of county recorder and specifically requires the county recorder within 30 days of recordation of a deed, quitclaim deed, mortgage, or deed of trust, to notify by mail the party or parties executing the document, as specified. Existing law requires this notification to be sent to the address for mailing tax bills that was established prior to the recording of the document.
</html:p>
<html:p>This bill would instead require a county recorder to mail the required notice to the current assessee at the most recent address for mailing tax bills that was established prior to the
recording of the document.</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Existing law authorizes the legislative body of a local agency, as defined, having moneys in a sinking fund or moneys in its treasury not required for the immediate needs of the local agency to invest any portion of the moneys that it deems wise or expedient. In this regard, existing law authorizes investment in commercial paper issued by entities meeting one of 2 sets of specified requirements if certain conditions are met. Specifically, existing law requires the issuing entity either to be a general corporation organized and operating in the United States with minimum specified assets and having debt other than commercial paper with at least an “A” rating or to be a special purpose corporation, trust, or limited liability company organized in the United States with program-wide credit enhancements and commercial paper with at least an “A-1” rating.
</html:p>
<html:p>This bill would
additionally authorize investment in commercial paper issued by an entity of the 2nd type if that entity is organized within the United States as a federally or state-chartered bank or a federally or state-licensed branch of a foreign bank.</html:p>
<html:p>Existing law additionally authorizes investment in United States dollar denominated senior unsecured unsubordinated obligations issued or unconditionally guaranteed by specified development banks if certain conditions are met.</html:p>
<html:p>This bill would additionally authorize investment in the above-described obligations issued or unconditionally guaranteed by the Inter-American Investment Corporation.</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Existing law makes the treasurer of a local agency responsible for the safekeeping of money and authorizes them to enter into a contract with a depository, as specified. Existing law requires the depository and the depository agent
to secure the deposits in eligible securities. Existing law defines eligible securities for this purpose to include, among other things, letters of credit issued by the Federal Home Loan Bank of San Francisco, as specified.
</html:p>
<html:p>This bill, for a county, city and county, or local agency that pools money in deposits or investments with other agencies and with assets under management of over $100,000,000, would additionally authorize an eligible bank headquartered outside of the state to submit letters of credit drawn on its federal home loan bank, as specified.</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
Existing law requires a local agency to declare land either “surplus land” or “exempt surplus land,” as supported by written findings, before the local agency may take any action to dispose of it consistent with an agency’s policies or procedures. Existing law generally requires a local agency, before disposing of or negotiating to dispose of
surplus land, to provide a written notice of the availability of the surplus land to specified entities and housing sponsors. Under existing law, land declared as “exempt surplus land” is not subject to these requirements. Existing law defines “exempt surplus land” to mean, among other things, surplus land totaling 10 or more acres, consisting of either a single parcel, or 2 or more adjacent or nonadjacent 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.
</html:p>
<html:p>This bill would revise this definition of “exempt surplus land” to remove the reference to buyers and instead mean 2 or more adjacent or nonadjacent parcels combined for disposition to one or more persons or entities, as specified.</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
This bill would make legislative findings and declarations as to the necessity of a special
statute for County of Merced.
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<ns0:DigestKey>
<ns0:VoteRequired>MAJORITY</ns0:VoteRequired>
<ns0:Appropriation>NO</ns0:Appropriation>
<ns0:FiscalCommittee>NO</ns0:FiscalCommittee>
<ns0:LocalProgram>NO</ns0:LocalProgram>
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<ns0:MeasureIndicators>
<ns0:ImmediateEffect>NO</ns0:ImmediateEffect>
<ns0:ImmediateEffectFlags>
<ns0:Urgency>NO</ns0:Urgency>
<ns0:TaxLevy>NO</ns0:TaxLevy>
<ns0:Election>NO</ns0:Election>
<ns0:UsualCurrentExpenses>NO</ns0:UsualCurrentExpenses>
<ns0:BudgetBill>NO</ns0:BudgetBill>
<ns0:Prop25TrailerBill>NO</ns0:Prop25TrailerBill>
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<ns0:Bill id="bill">
<ns0:Preamble>The people of the State of California do enact as follows:</ns0:Preamble>
<ns0:BillSection id="id_B1C1BE8B-EE1F-4220-A0BD-0BCFA666E5A4">
<ns0:Num>SECTION 1.</ns0:Num>
<ns0:Content>
<html:p>
(a)
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This act shall be known, and may be cited, as the Local Government Omnibus Act of 2026.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The Legislature finds and declares that Californians want their governments to be run efficiently and economically and that public officials should avoid waste and duplication whenever possible. The Legislature further finds and declares that it desires to control its own costs by reducing the number of separate bills. Therefore, it is the intent of the Legislature in enacting this act to combine several minor, noncontroversial statutory changes relating to the common theme, purpose, and subject of local government into a single measure.
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<ns0:Num>SEC. 2.</ns0:Num>
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Section 24011 of the
<ns0:DocName>Government Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_DAC5380E-E27F-4CF5-A2DB-1D22122DEF2E">
<ns0:Num>24011.</ns0:Num>
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<html:p>Notwithstanding the provisions of Section 24009:</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
The Boards of Supervisors of Amador County, Contra Costa County, Glenn County, Imperial County, Lake County, Lassen County, Madera County, Mendocino County, Merced County, Mono County, Monterey County, Napa County, Siskiyou County, Solano County, Sonoma County, Trinity County, Tuolumne County, and Ventura County may, by ordinance, provide that the public administrator shall be appointed by the board.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The Boards of Supervisors of Lake County, Madera County, Mendocino County, Merced
County, Napa County, Siskiyou County, Trinity County, and Tuolumne County may appoint the same person to the offices of public administrator, veteran service officer, and public guardian. The Boards of Supervisors of Amador County, Contra Costa County, Glenn County, Imperial County, Kings County, Lassen County, Mono County, Monterey County, Siskiyou County, Solano County, Sonoma County, and Ventura County, may, by ordinance, appoint the same person to the offices of public administrator and public guardian.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The Boards of Supervisors of Amador County, Contra Costa County, Glenn County, Lake County, Lassen County, Madera County, Mendocino County, Merced County, Mono County, Napa County, Trinity County, and Tuolumne County may separate the consolidated offices of district attorney and public administrator at any
time in order to make the appointments permitted by this section. Upon approval by the board of supervisors, the officer elected to these offices at any time may resign, or decline to qualify for, the office of public administrator without resigning from, or declining to qualify for, the office of district attorney.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
The Board of Supervisors of Ventura County may separate the consolidated office of public administrator from the office of treasurer, in order to make the appointment authorized by this section. Upon approval by the board of supervisors, the officer elected to these offices at any time may resign, or decline to qualify for, the office of public administrator without resigning from, or declining to qualify for, the office of treasurer.
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<ns0:BillSection id="id_2B674FCA-35C0-4123-9A0A-F01091AA206E">
<ns0:Num>SEC. 3.</ns0:Num>
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Section 26802 of the
<ns0:DocName>Government Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_96B458FE-5A4E-4EC7-8FD2-DD64F09DAD4E">
<ns0:Num>26802.</ns0:Num>
<ns0:LawSectionVersion id="id_36E1EB62-0102-42BC-958F-A28ED763F8BA">
<ns0:Content>
<html:p>Except as provided by law, the county clerk shall register as voters any electors who apply for registration and shall perform any other duties required of them by the Elections Code. In those counties in which a registrar of voters office has been established, the registrar of voters shall discharge all duties vested by law in the county clerk that relate to and are a part of election procedure.</html:p>
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<ns0:Num>SEC. 4.</ns0:Num>
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Section 26803 of the
<ns0:DocName>Government Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_B3188084-464C-4D8D-8059-F2B8F8FC0674">
<ns0:Num>26803.</ns0:Num>
<ns0:LawSectionVersion id="id_8A55F126-6E90-48F2-ADFD-46647A85E79E">
<ns0:Content>
<html:p>The county clerk shall take charge of and safely keep, or dispose of pursuant to law, all books, papers, and records which are filed or deposited in the county clerk’s office pursuant to law.</html:p>
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<ns0:BillSection id="id_AC0EEBF3-1903-4C49-A834-61C761F6ACC4">
<ns0:Num>SEC. 5.</ns0:Num>
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Section 26803.5 of the
<ns0:DocName>Government Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_960B0DA6-0BCA-4D83-A784-E5C6AA83579C">
<ns0:Num>26803.5.</ns0:Num>
<ns0:LawSectionVersion id="id_237D83DE-50A3-4B90-980E-3DEB8E36ED71">
<ns0:Content>
<html:p>Each regulation filed with a county clerk pursuant to Section 11343.5 shall be retained in an active file, available for public inspection, until receipt by the county clerk of the next California Administrative Register or supplement to the California Administrative Code in which such regulation, order of repeal or notice thereof, is published.</html:p>
<html:p>The county clerk shall at all times keep a
complete current set of the California Administrative Code, and the California Administrative Register available for public inspection.</html:p>
<html:p>If the county clerk of any county in this state is satisfied that the code and register will be maintained in accordance with the requirements of this section, the county clerk may delegate the authority to receive filings on the county clerk’s behalf and to maintain the code and register on
the county clerk’s behalf to a paid county law librarian or to the librarian in charge of the county library.</html:p>
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<ns0:Num>SEC. 6.</ns0:Num>
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Section 26807 of the
<ns0:DocName>Government Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_E9E98CD1-850E-4DFC-8B11-9A41D2FB78BD">
<ns0:Num>26807.</ns0:Num>
<ns0:LawSectionVersion id="id_66EBB03D-E9D9-42E9-BCBF-182E51E7A2DB">
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<html:p>
The county clerk shall keep an official seal of the county clerk’s office for use when performing official duties other than ex officio duties which shall, when embossed, stamped, impressed or affixed to a certification, show legibly. Such seal shall: (a) be circular in shape; (b) be not less than 1
<ns0:Fraction>
<ns0:Numerator>1</ns0:Numerator>
<ns0:Denominator>4</ns0:Denominator>
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inches in diameter; (c) have in the center any words or design adopted by the county clerk; (d) have inscribed around the central words or design, “County Clerk, ____ County, California”, inserting therein the name of the county.
</html:p>
<html:p>Nothing contained herein shall prohibit a county clerk from continuing to use a seal of a design different than that specified herein if such seal has customarily been used prior to the effective date of this section.</html:p>
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<ns0:BillSection id="id_502AA794-2F9E-428D-928B-65BC472BC375">
<ns0:Num>SEC. 7.</ns0:Num>
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Section 26809 of the
<ns0:DocName>Government Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_1D5785A3-BA60-4C0E-A8D0-1F8D2E98E055">
<ns0:Num>26809.</ns0:Num>
<ns0:LawSectionVersion id="id_8C4EC7D6-C029-4ABF-AB4E-E5585C228AD2">
<ns0:Content>
<html:p>Unless another provision of law requires a longer retention period, the county clerk may destroy or otherwise dispose of any paper or document filed with or submitted to them more than one year previously, if the county clerk determines that there is no need for its retention. In determining whether there is a need for retaining a paper or document, consideration shall be given to such factors as future public need, the effect of statutes of limitation,
and historical significance.</html:p>
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<ns0:Num>SEC. 8.</ns0:Num>
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Section 26831 of the
<ns0:DocName>Government Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_CF1C4754-E69F-45A1-92A1-00C42A4F7592">
<ns0:Num>26831.</ns0:Num>
<ns0:LawSectionVersion id="id_14BE5E02-FC28-45B8-B5D9-36FB160EC6A3">
<ns0:Content>
<html:p>The county clerk may charge a reasonable fee to cover the cost of preparing copies of any record, proceeding, or paper on file in the county clerk’s office.</html:p>
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<ns0:BillSection id="id_C3FE9D95-1840-42BE-8EB5-7423839A9C56">
<ns0:Num>SEC. 9.</ns0:Num>
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Section 26837 of the
<ns0:DocName>Government Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_0B40CDEC-94B1-4B36-931A-AE6285797B5E">
<ns0:Num>26837.</ns0:Num>
<ns0:LawSectionVersion id="id_95382298-2B1F-4060-9D7D-81A65C7A40D4">
<ns0:Content>
<html:p>For comparing with the original on file in the office of the county clerk, the copy of any paper, record, or proceeding prepared by another and presented for the county clerk’s certificate, the fee is fifty cents ($0.50) a page, in addition to the fee for the certificate.</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_D50B5977-6B47-4E6C-AB0D-8F0F1A9A0401">
<ns0:Num>SEC. 10.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:type="locator" ns3:href="urn:caml:codes:GOV:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'TITLE'%20and%20caml%3ANum%3D'3.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'3.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'3.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'26840.1.'%5D)" ns3:label="fractionType: LAW_SECTION">
Section 26840.1 of the
<ns0:DocName>Government Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_F9ACC2D7-859B-4A7C-9196-9D4EDF2BA90C">
<ns0:Num>26840.1.</ns0:Num>
<ns0:LawSectionVersion id="id_5869A53B-EDCE-4A1B-85A8-D7D37907908C">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
The fee for filing a marriage certificate pursuant to Part 4 (commencing with Section 500) of Division 3 of the Family Code is fourteen dollars ($14), to be collected at the time an authorization for the performance of the marriage is issued or a blank authorization form is obtained from the county clerk pursuant to Part 4 (commencing with Section 500) of Division 3 of the Family Code. Four dollars ($4) of the fee shall be paid to the State Registrar of Vital Statistics. One dollar ($1) of the fee shall be paid to the county treasurer and shall be used to defray any local costs incurred pursuant to Part 4 (commencing with Section 500) of Division 3 of the Family Code.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Notwithstanding subdivision (a), in addition to the amount authorized by subdivision (a)
the county clerk may impose an additional amount, not to exceed three dollars ($3), if the county clerk determines that the additional amount is necessary to defray local costs.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_ECBBADA5-473C-420E-AA1C-410895C4D246">
<ns0:Num>SEC. 11.</ns0:Num>
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Section 27297.7 of the
<ns0:DocName>Government Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_7122ED3E-C4A6-41DF-8726-F81381C7C85C">
<ns0:Num>27297.7.</ns0:Num>
<ns0:LawSectionVersion id="id_E76022FD-7C2C-458C-88EF-C693C52D36B9">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
On or before January 1, 2027, each county within the state shall establish a recorder notification program, in accordance with this section, and the board of supervisors of each county shall adopt an authorizing resolution for these purposes.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Following adoption of an authorizing resolution by the board of supervisors, the county recorder shall, within 30 days of recordation of a deed, quitclaim deed, mortgage, or deed of trust, notify by mail the current assessee at the most recent address for mailing tax bills that was established prior to the recording of the document.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The recorder may require, as a condition of recording, that a deed, quitclaim deed, mortgage, or deed of trust indicate the assessor’s identification number or numbers that fully contain all, or a portion of, the real property described in the legal description. If the description contains more than one assessor’s parcel, all assessor’s parcels shall be indicated. If assessor’s identification numbers are required, they shall be listed on the first page of the document. The recorder may rely on the assessor’s identification numbers as
indicated on the document. The form of the entry shall be substantially as follows:
</html:p>
<html:p>Assessor’s Identification Number __-__-__.</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
In addition to the mailed notice required by paragraph (1), the county recorder may establish an electronic notification program that notifies parties upon recording of a deed, quitclaim deed, mortgage, or deed of trust.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
This section shall not apply to the recordation of any document where the federal government, or state, county, city, or any subdivision of the state is the grantee.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
The failure of the county recorder to provide the notice as permitted by this section shall not result in any liability against the recorder or the county. In the event that the notice is returned to the recorder by the postal service as undeliverable, the
recorder is not required to retain the returned notice.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
Where the county recorder contracts with any party or parties for the performance of the processing or the mailing of the notice, or both, as authorized by this section, the contract shall be awarded by competitive bid. The county recorder shall solicit written bids for the contract in a newspaper of general circulation in the county, and all bids received shall be publicly opened and the contract awarded to the lowest responsible bidder. If the county recorder or their designee deems the acceptance of the lowest responsible bid is not in the best interest of the county, all bids may be rejected.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
In addition to any other recording fee, the board of supervisors may authorize the county recorder to collect a fee from the party filing a deed, quitclaim deed, mortgage, or deed of trust for the cost of implementing the
program pursuant to this section. The fee shall not exceed the reasonable costs of services of the county to provide a recorder notification program and to comply with this section. This fee shall not be charged until at least 120 days following the establishment of the fee and public notification of the fee and the effective date.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
This section shall not apply to a county that operates a notification program pursuant to Section 27297.6.
</html:p>
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</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_DA5E0DF1-BC73-479F-B7C5-446C79066F88">
<ns0:Num>SEC. 12.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:type="locator" ns3:href="urn:caml:codes:GOV:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'TITLE'%20and%20caml%3ANum%3D'5.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'1.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'4.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'1.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'53601.'%5D)" ns3:label="fractionType: LAW_SECTION||version: Amended (as amended by Stats. 2023, Ch. 187, Sec. 5) by Stats. 2025, Ch. 323, Sec. 1. [id_8c3f52f3-cfac-11f0-bfde-adfc216d767c]">
Section 53601 of the
<ns0:DocName>Government Code</ns0:DocName>
, as amended by Section 1 of Chapter 323 of the Statutes of 2025, is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_09D0FB59-8411-4F78-956F-00E68407583B">
<ns0:Num>53601.</ns0:Num>
<ns0:LawSectionVersion id="id_7EE1C7CD-1818-4132-8FE5-F59FFB846627">
<ns0:Content>
<html:p>This section shall apply to a local agency that is a city, a district, or other local agency that does not pool money in deposits or investments with other local agencies, other than local agencies that have the same governing body. However, Section 53635 shall apply to all local agencies that pool money in deposits or investments with other local agencies that have separate governing bodies. The legislative body of a local agency having moneys in a sinking fund or moneys in its treasury not required for the immediate needs of the local agency may invest any portion of the moneys that it deems wise or expedient in those investments set forth below. A local agency purchasing or obtaining any securities prescribed in this section, in a negotiable, bearer, registered, or nonregistered format, shall require delivery of the securities to the local agency,
including those purchased for the agency by financial advisers, consultants, or managers using the agency’s funds, by book entry, physical delivery, or by third-party custodial agreement. The transfer of securities to the counterparty bank’s customer book entry account may be used for book entry delivery.</html:p>
<html:p>For purposes of this section, “counterparty” means the other party to the transaction. A counterparty bank’s trust department or separate safekeeping department may be used for the physical delivery of the security if the security is held in the name of the local agency. Where this section specifies a percentage limitation for a particular category of investment, that percentage is applicable only at the date of purchase. For purposes of compliance with this section, an investment’s term or remaining maturity shall be measured from the settlement date to final maturity. A security purchased in accordance with this section shall not have a forward settlement date
exceeding 45 days from the time of investment. Where this section does not specify a limitation on the term or remaining maturity at the time of the investment, no investment shall be made in any security, other than a security underlying a repurchase or reverse repurchase agreement or securities lending agreement authorized by this section, that at the time of the investment has a term remaining to maturity in excess of five years, unless the legislative body has granted express authority to make that investment either specifically or as a part of an investment program approved by the legislative body no less than three months prior to the investment:</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
Bonds issued by the local agency, including bonds payable solely out of the revenues from a revenue-producing property owned, controlled, or operated by the local agency or by a department, board, agency, or authority of the local agency.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
United States Treasury notes, bonds, bills, or certificates of indebtedness, or those for which the faith and credit of the United States are pledged for the payment of principal and interest.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Registered state warrants or treasury notes or bonds of this state, including bonds payable solely out of the revenues from a revenue-producing property owned, controlled, or operated by the state or by a department, board, agency, or authority of the state.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
Registered treasury notes or bonds of any of the other 49 states in addition to California, including bonds payable solely out of the revenues from a revenue-producing property owned, controlled, or operated by a state or by a department, board, agency, or authority of any of the other 49 states, in addition to California.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
Bonds, notes,
warrants, or other evidences of indebtedness of a local agency within this state, including bonds payable solely out of the revenues from a revenue-producing property owned, controlled, or operated by the local agency, or by a department, board, agency, or authority of the local agency.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
Federal agency or United States government-sponsored enterprise obligations, participations, or other instruments, including those issued by or fully guaranteed as to principal and interest by federal agencies or United States government-sponsored enterprises.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
Bankers’ acceptances otherwise known as bills of exchange or time drafts that are drawn on and accepted by a commercial bank. Purchases of bankers’ acceptances shall not exceed 180 days’ maturity or 40 percent of the agency’s moneys that may be invested pursuant to this section. However, no more than 30 percent of the agency’s moneys
may be invested in the bankers’ acceptances of any one commercial bank pursuant to this section.
</html:p>
<html:p>This subdivision does not preclude a municipal utility district from investing moneys in its treasury in a manner authorized by the Municipal Utility District Act (Division 6 (commencing with Section 11501) of the Public Utilities Code).</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
Commercial paper of “prime” quality of the highest ranking or of the highest letter and number rating as provided for by a nationally recognized statistical rating organization (NRSRO). The entity that issues the commercial paper shall meet all of the following conditions in either paragraph (1) or (2):
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The entity meets the following criteria:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Is organized and operating in the United States as a general corporation.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Has total assets in excess of five hundred million dollars ($500,000,000).
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Has debt other than commercial paper, if any, that is rated in a rating category of “A” or its equivalent or higher by an NRSRO.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The entity meets the following criteria:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Is organized within the United States as a
federally or state-chartered bank, federally or state-licensed branch of a foreign bank, special purpose corporation, trust, or limited liability company.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Has programwide credit enhancements including, but not limited to, overcollateralization, letters of credit, or a surety bond.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Has commercial paper that is rated “A-1” or higher, or the equivalent, by an NRSRO.
</html:p>
<html:p>Eligible commercial paper shall have a maximum maturity of 397 days or less. Local agencies, other than counties or a city and county, that have less than one hundred million dollars ($100,000,000) of investment assets under management, may invest no more than 25 percent of their moneys in eligible commercial paper. Local agencies, other than counties or a city and county, that have one hundred million dollars ($100,000,000) or more
of investment assets under management may invest no more than 40 percent of their moneys in eligible commercial paper. A local agency, other than a county or a city and a county, may invest no more than 10 percent of its total investment assets in the commercial paper and the medium-term notes of any single issuer. Counties or a city and county may invest in commercial paper pursuant to the concentration limits in subdivision (a) of Section 53635.</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Negotiable certificates of deposit issued by a nationally or state-chartered bank, a savings association or a federal association (as defined by Section 5102 of the Financial Code), a state or federal credit union, or by a federally licensed or state-licensed branch of a foreign bank. Purchases of negotiable certificates of deposit shall not exceed 30 percent of the agency’s moneys that may be invested pursuant to this section. For purposes of this section, negotiable certificates of deposit do
not come within Article 2 (commencing with Section 53630), except that the amount so invested shall be subject to the limitations of Section 53638. The legislative body of a local agency and the treasurer or other official of the local agency having legal custody of the moneys are prohibited from investing local agency funds, or funds in the custody of the local agency, in negotiable certificates of deposit issued by a state or federal credit union if a member of the legislative body of the local agency, or a person with investment decisionmaking authority in the administrative office manager’s office, budget office, auditor-controller’s office, or treasurer’s office of the local agency also serves on the board of directors, or any committee appointed by the board of directors, or the credit committee or the supervisory committee of the state or federal credit union issuing the negotiable certificates of deposit.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Investments in repurchase agreements or reverse repurchase agreements or securities lending agreements of securities authorized by this section, as long as the agreements are subject to this subdivision, including the delivery requirements specified in this section.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Investments in repurchase agreements may be made, on an investment authorized in this section, when the term of the agreement does not exceed one year. The market value of securities that underlie a repurchase agreement shall be valued at 102 percent or greater of the funds borrowed against those securities and the value shall be adjusted no less than quarterly. Since the market value of the underlying securities is subject to daily market fluctuations, the investments in repurchase agreements shall be in compliance if the value of the underlying securities is brought back up to 102 percent no later than the next business day.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Reverse repurchase agreements or securities lending agreements may be utilized only when all of the following conditions are met:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The security to be sold using a reverse repurchase agreement or securities lending agreement has been owned and fully paid for by the local agency for a minimum of 30 days prior to sale.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The total of all reverse repurchase agreements and securities lending agreements on investments owned by the local agency does not exceed 20 percent of the base value of the portfolio.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The agreement does not exceed a term of 92 days, unless the agreement includes a written codicil guaranteeing a minimum earning or spread for the entire period between the sale of a security using a reverse repurchase agreement or securities
lending agreement and the final maturity date of the same security.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Funds obtained or funds within the pool of an equivalent amount to that obtained from selling a security to a counterparty using a reverse repurchase agreement or securities lending agreement shall not be used to purchase another security with a maturity longer than 92 days from the initial settlement date of the reverse repurchase agreement or securities lending agreement, unless the reverse repurchase agreement or securities lending agreement includes a written codicil guaranteeing a minimum earning or spread for the entire period between the sale of a security using a reverse repurchase agreement or securities lending agreement and the final maturity date of the same security.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Investments in reverse repurchase agreements, securities lending agreements, or similar investments in
which the local agency sells securities prior to purchase with a simultaneous agreement to repurchase the security may be made only upon prior approval of the governing body of the local agency and shall be made only with primary dealers of the Federal Reserve Bank of New York or with a nationally or state-chartered bank that has or has had a significant banking relationship with a local agency.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
For purposes of this chapter, “significant banking relationship” means any of the following activities of a bank:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Involvement in the creation, sale, purchase, or retirement of a local agency’s bonds, warrants, notes, or other evidence of indebtedness.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Financing of a local agency’s activities.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
Acceptance of a local agency’s securities or funds
as deposits.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
“Repurchase agreement” means a purchase of securities by the local agency pursuant to an agreement by which the counterparty seller will repurchase the securities on or before a specified date and for a specified amount and the counterparty will deliver the underlying securities to the local agency by book entry, physical delivery, or by third-party custodial agreement. The transfer of underlying securities to the counterparty bank’s customer book-entry account may be used for book-entry delivery.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
“Securities,” for purposes of repurchase under this subdivision, means securities of the same issuer, description, issue date, and maturity.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
“Reverse repurchase agreement” means a sale of securities by the local agency pursuant to an agreement by which the local agency will
repurchase the securities on or before a specified date and includes other comparable agreements.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
“Securities lending agreement” means an agreement under which a local agency agrees to transfer securities to a borrower who, in turn, agrees to provide collateral to the local agency. During the term of the agreement, both the securities and the collateral are held by a third party. At the conclusion of the agreement, the securities are transferred back to the local agency in return for the collateral.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
For purposes of this section, the base value of the local agency’s pool portfolio shall be that dollar amount obtained by totaling all cash balances placed in the pool by all pool participants, excluding any amounts obtained through selling securities by way of reverse repurchase agreements, securities lending agreements, or other similar borrowing methods.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
For purposes of this section, the spread is the difference between the cost of funds obtained using the reverse repurchase agreement and the earnings obtained on the reinvestment of the funds.
</html:p>
<html:p>
(k)
<html:span class="EnSpace"/>
Medium-term notes, defined as all corporate and depository institution debt securities with a maximum remaining maturity of five years or less, issued by corporations organized and operating within the United States or by depository institutions licensed by the United States or any state and operating within the United States. Notes eligible for investment under this subdivision shall be rated in a rating category of “A” or its equivalent or better by an NRSRO. Purchases of medium-term notes shall not include other instruments authorized by this section and shall not exceed 30 percent of the agency’s moneys that may be invested pursuant to this section. A local agency, other than a
county or a city and a county, may invest no more than 10 percent of its total investment assets in the commercial paper and the medium-term notes of any single issuer.
</html:p>
<html:p>
(l)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Shares of beneficial interest issued by diversified management companies that invest in the securities and obligations as authorized by subdivisions (a) to (k), inclusive, and subdivisions (m) to (q), inclusive, and that comply with the investment restrictions of this article and Article 2 (commencing with Section 53630). However, notwithstanding these restrictions, a counterparty to a reverse repurchase agreement or securities lending agreement is not required to be a primary dealer of the Federal Reserve Bank of New York if the company’s board of directors finds that the counterparty presents a minimal risk of default, and the value of the securities underlying a repurchase agreement or securities lending agreement may be 100 percent of the sales
price if the securities are marked to market daily.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Shares of beneficial interest issued by diversified management companies that are money market funds registered with the United States Securities and Exchange Commission under the Investment Company Act of 1940 (15 U.S.C. Sec. 80a-1 et seq.).
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
If investment is in shares issued pursuant to paragraph (1), the company shall have met either of the following criteria:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Attained the highest ranking or the highest letter and numerical rating provided by not less than two NRSROs.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Retained an investment adviser registered or exempt from registration with the United States Securities and Exchange Commission with not less than five years’ experience investing in the securities and obligations
authorized by subdivisions (a) to (k), inclusive, and subdivisions (m) to (q), inclusive, and with assets under management in excess of five hundred million dollars ($500,000,000).
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
If investment is in shares issued pursuant to paragraph (2), the company shall have met either of the following criteria:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Attained the highest ranking or the highest letter and numerical rating provided by not less than two NRSROs.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Retained an investment adviser registered or exempt from registration with the United States Securities and Exchange Commission with not less than five years’ experience managing money market mutual funds with assets under management in excess of five hundred million dollars ($500,000,000).
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
The purchase price of shares of beneficial
interest purchased pursuant to this subdivision shall not include commission that the companies may charge and shall not exceed 20 percent of the agency’s moneys that may be invested pursuant to this section. However, no more than 10 percent of the agency’s funds may be invested in shares of beneficial interest of any one mutual fund pursuant to paragraph (1).
</html:p>
<html:p>
(m)
<html:span class="EnSpace"/>
Moneys held by a trustee or fiscal agent and pledged to the payment or security of bonds or other indebtedness, or obligations under a lease, installment sale, or other agreement of a local agency, or certificates of participation in those bonds, indebtedness, or lease installment sale, or other agreements, may be invested in accordance with the statutory provisions governing the issuance of those bonds, indebtedness, or lease installment sale, or other agreement, or to the extent not inconsistent therewith or if there are no specific statutory provisions, in accordance with the
ordinance, resolution, indenture, or agreement of the local agency providing for the issuance.
</html:p>
<html:p>
(n)
<html:span class="EnSpace"/>
Notes, bonds, or other obligations that are at all times secured by a valid first priority security interest in securities of the types listed by Section 53651 as eligible securities for the purpose of securing local agency deposits having a market value at least equal to that required by Section 53652 for the purpose of securing local agency deposits. The securities serving as collateral shall be placed by delivery or book entry into the custody of a trust company or the trust department of a bank that is not affiliated with the issuer of the secured obligation, and the security interest shall be perfected in accordance with the requirements of the Uniform Commercial Code or federal regulations applicable to the types of securities in which the security interest is granted.
</html:p>
<html:p>
(o)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
A mortgage passthrough security, collateralized mortgage obligation, mortgage-backed or other pay-through bond, equipment lease-backed certificate, consumer receivable passthrough certificate, or consumer receivable-backed bond.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
For securities eligible for investment under this subdivision not issued or guaranteed by an agency or issuer identified in subdivision (b) or (f), the following limitations apply:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The security shall be rated in a rating category of “AA” or its equivalent or better by an NRSRO and have a maximum remaining maturity of five years or less.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Purchase of securities authorized by this paragraph shall not exceed 20 percent of the agency’s surplus moneys that may be invested pursuant to this section.
</html:p>
<html:p>
(p)
<html:span class="EnSpace"/>
Shares of beneficial interest issued by a joint powers authority organized pursuant to Section 6509.7 that invests in the securities and obligations authorized in subdivisions (a) to (r), inclusive. Each share shall represent an equal proportional interest in the underlying pool of securities owned by the joint powers authority. To be eligible under this section, the joint powers authority issuing the shares shall have retained an investment adviser that meets all of the following criteria:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The adviser is registered or exempt from registration with the United States Securities and Exchange Commission.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The adviser has not less than five years of experience investing in the securities and obligations authorized in subdivisions (a) to (q), inclusive.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The adviser has assets under management in excess of five hundred million dollars ($500,000,000).
</html:p>
<html:p>
(q)
<html:span class="EnSpace"/>
United States dollar denominated senior unsecured unsubordinated obligations issued or unconditionally guaranteed by the International Bank for Reconstruction and Development, International Finance Corporation, Inter-American Development Bank, or Inter-American Investment Corporation, with a maximum remaining maturity of five years or less, and eligible for purchase and sale within the United States. Investments under this subdivision shall be rated in a rating category of “AA” or its equivalent or better by an NRSRO and shall not exceed 30 percent of the agency’s moneys that may be invested pursuant to this section.
</html:p>
<html:p>
(r)
<html:span class="EnSpace"/>
Commercial paper, debt securities, or other obligations of a public bank, as defined in Section 57600.
</html:p>
<html:p>This section shall remain in effect only until January 1, 2031, and as of that date is repealed.</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_0CF04117-B97B-4830-A128-39068C423F9C">
<ns0:Num>SEC. 13.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:type="locator" ns3:href="urn:caml:codes:GOV:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'TITLE'%20and%20caml%3ANum%3D'5.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'1.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'4.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'1.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'53601.'%5D)" ns3:label="fractionType: LAW_SECTION||version: Amended (as amended by Stats. 2023, Ch. 187, Sec. 6) by Stats. 2025, Ch. 323, Sec. 2. [id_9577b4c5-cfac-11f0-bfde-adfc216d767c]">
Section 53601 of the
<ns0:DocName>Government Code</ns0:DocName>
, as amended by Section 2 of Chapter 323 of the Statutes of 2025, is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_B0BAB59F-12DD-4723-AF02-642DF68EC05B">
<ns0:Num>53601.</ns0:Num>
<ns0:LawSectionVersion id="id_62735E33-1888-45A6-81CB-DFB53192956A">
<ns0:Content>
<html:p>This section shall apply to a local agency that is a city, a district, or other local agency that does not pool money in deposits or investments with other local agencies, other than local agencies that have the same governing body. However, Section 53635 shall apply to all local agencies that pool money in deposits or investments with other local agencies that have separate governing bodies. The legislative body of a local agency having moneys in a sinking fund or moneys in its treasury not required for the immediate needs of the local agency may invest any portion of the moneys that it deems wise or expedient in those investments set forth below. A local agency purchasing or obtaining any securities prescribed in this section, in a negotiable, bearer, registered, or nonregistered format, shall require delivery of the securities to the local agency,
including those purchased for the agency by financial advisers, consultants, or managers using the agency’s funds, by book entry, physical delivery, or by third-party custodial agreement. The transfer of securities to the counterparty bank’s customer book entry account may be used for book entry delivery.</html:p>
<html:p>For purposes of this section, “counterparty” means the other party to the transaction. A counterparty bank’s trust department or separate safekeeping department may be used for the physical delivery of the security if the security is held in the name of the local agency. Where this section specifies a percentage limitation for a particular category of investment, that percentage is applicable only at the date of purchase. For purposes of compliance with this section, an investment’s term or remaining maturity shall be measured from the settlement date to final maturity. A security purchased in accordance with this section shall not have a forward settlement date
exceeding 45 days from the time of investment. Where this section does not specify a limitation on the term or remaining maturity at the time of the investment, no investment shall be made in any security, other than a security underlying a repurchase or reverse repurchase agreement or securities lending agreement authorized by this section, that at the time of the investment has a term remaining to maturity in excess of five years, unless the legislative body has granted express authority to make that investment either specifically or as a part of an investment program approved by the legislative body no less than three months prior to the investment:</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
Bonds issued by the local agency, including bonds payable solely out of the revenues from a revenue-producing property owned, controlled, or operated by the local agency or by a department, board, agency, or authority of the local agency.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
United States Treasury notes, bonds, bills, or certificates of indebtedness, or those for which the faith and credit of the United States are pledged for the payment of principal and interest.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Registered state warrants or treasury notes or bonds of this state, including bonds payable solely out of the revenues from a revenue-producing property owned, controlled, or operated by the state or by a department, board, agency, or authority of the state.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
Registered treasury notes or bonds of any of the other 49 states in addition to California, including bonds payable solely out of the revenues from a revenue-producing property owned, controlled, or operated by a state or by a department, board, agency, or authority of any of the other 49 states, in addition to California.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
Bonds, notes,
warrants, or other evidences of indebtedness of a local agency within this state, including bonds payable solely out of the revenues from a revenue-producing property owned, controlled, or operated by the local agency, or by a department, board, agency, or authority of the local agency.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
Federal agency or United States government-sponsored enterprise obligations, participations, or other instruments, including those issued by or fully guaranteed as to principal and interest by federal agencies or United States government-sponsored enterprises.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
Bankers’ acceptances otherwise known as bills of exchange or time drafts that are drawn on and accepted by a commercial bank. Purchases of bankers’ acceptances shall not exceed 180 days’ maturity or 40 percent of the agency’s moneys that may be invested pursuant to this section. However, no more than 30 percent of the agency’s moneys
may be invested in the bankers’ acceptances of any one commercial bank pursuant to this section.
</html:p>
<html:p>This subdivision does not preclude a municipal utility district from investing moneys in its treasury in a manner authorized by the Municipal Utility District Act (Division 6 (commencing with Section 11501) of the Public Utilities Code).</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
Commercial paper of “prime” quality of the highest ranking or of the highest letter and number rating as provided for by a nationally recognized statistical rating organization (NRSRO). The entity that issues the commercial paper shall meet all of the following conditions in either paragraph (1) or (2):
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The entity meets the following criteria:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Is organized and operating in the United States as a general corporation.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Has total assets in excess of five hundred million dollars ($500,000,000).
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Has debt other than commercial paper, if any, that is rated in a rating category of “A” or its equivalent or higher by an NRSRO.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The entity meets the following criteria:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Is organized within the United States as a
federally or state-chartered bank, federally or state-licensed branch of a foreign bank, special purpose corporation, trust, or limited liability company.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Has programwide credit enhancements including, but not limited to, overcollateralization, letters of credit, or a surety bond.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Has commercial paper that is rated “A-1” or higher, or the equivalent, by an NRSRO.
</html:p>
<html:p>Eligible commercial paper shall have a maximum maturity of 397 days or less. Local agencies, other than counties or a city and county, may invest no more than 25 percent of their moneys in eligible commercial paper. A local agency, other than a county or a city and a county, may invest no more than 10 percent of its total investment assets in the commercial paper and the medium-term notes of any single issuer. Counties or a city and
county may invest in commercial paper pursuant to the concentration limits in subdivision (a) of Section 53635.</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Negotiable certificates of deposit issued by a nationally or state-chartered bank, a savings association or a federal association (as defined by Section 5102 of the Financial Code), a state or federal credit union, or by a federally licensed or state-licensed branch of a foreign bank. Purchases of negotiable certificates of deposit shall not exceed 30 percent of the agency’s moneys that may be invested pursuant to this section. For purposes of this section, negotiable certificates of deposit do not come within Article 2 (commencing with Section 53630), except that the amount so invested shall be subject to the limitations of Section 53638. The legislative body of a local agency and the treasurer or other official of the local agency having legal custody of the moneys are prohibited from investing local agency funds, or funds in
the custody of the local agency, in negotiable certificates of deposit issued by a state or federal credit union if a member of the legislative body of the local agency, or a person with investment decisionmaking authority in the administrative office manager’s office, budget office, auditor-controller’s office, or treasurer’s office of the local agency also serves on the board of directors, or any committee appointed by the board of directors, or the credit committee or the supervisory committee of the state or federal credit union issuing the negotiable certificates of deposit.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Investments in repurchase agreements or reverse repurchase agreements or securities lending agreements of securities authorized by this section, as long as the agreements are subject to this subdivision, including the delivery requirements specified in this section.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Investments in repurchase agreements may be made, on an investment authorized in this section, when the term of the agreement does not exceed one year. The market value of securities that underlie a repurchase agreement shall be valued at 102 percent or greater of the funds borrowed against those securities and the value shall be adjusted no less than quarterly. Since the market value of the underlying securities is subject to daily market fluctuations, the investments in repurchase agreements shall be in compliance if the value of the underlying securities is brought back up to 102 percent no later than the next business day.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Reverse repurchase agreements or securities lending agreements may be utilized only when all of the following conditions are met:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The security to be sold using a reverse repurchase agreement or securities lending agreement has been
owned and fully paid for by the local agency for a minimum of 30 days prior to sale.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The total of all reverse repurchase agreements and securities lending agreements on investments owned by the local agency does not exceed 20 percent of the base value of the portfolio.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The agreement does not exceed a term of 92 days, unless the agreement includes a written codicil guaranteeing a minimum earning or spread for the entire period between the sale of a security using a reverse repurchase agreement or securities lending agreement and the final maturity date of the same security.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Funds obtained or funds within the pool of an equivalent amount to that obtained from selling a security to a counterparty using a reverse repurchase agreement or securities lending agreement shall not be used to purchase another
security with a maturity longer than 92 days from the initial settlement date of the reverse repurchase agreement or securities lending agreement, unless the reverse repurchase agreement or securities lending agreement includes a written codicil guaranteeing a minimum earning or spread for the entire period between the sale of a security using a reverse repurchase agreement or securities lending agreement and the final maturity date of the same security.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Investments in reverse repurchase agreements, securities lending agreements, or similar investments in which the local agency sells securities prior to purchase with a simultaneous agreement to repurchase the security may be made only upon prior approval of the governing body of the local agency and shall be made only with primary dealers of the Federal Reserve Bank of New York or with a nationally or state-chartered bank that has or has had a significant banking
relationship with a local agency.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
For purposes of this chapter, “significant banking relationship” means any of the following activities of a bank:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Involvement in the creation, sale, purchase, or retirement of a local agency’s bonds, warrants, notes, or other evidence of indebtedness.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Financing of a local agency’s activities.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
Acceptance of a local agency’s securities or funds as deposits.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
“Repurchase agreement” means a purchase of securities by the local agency pursuant to an agreement by which the counterparty seller will repurchase the securities on or before a specified date and for a specified amount and the counterparty will deliver the
underlying securities to the local agency by book entry, physical delivery, or by third-party custodial agreement. The transfer of underlying securities to the counterparty bank’s customer book-entry account may be used for book-entry delivery.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
“Securities,” for purposes of repurchase under this subdivision, means securities of the same issuer, description, issue date, and maturity.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
“Reverse repurchase agreement” means a sale of securities by the local agency pursuant to an agreement by which the local agency will repurchase the securities on or before a specified date and includes other comparable agreements.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
“Securities lending agreement” means an agreement under which a local agency agrees to transfer securities to a borrower who, in turn, agrees to provide collateral to the local agency. During the
term of the agreement, both the securities and the collateral are held by a third party. At the conclusion of the agreement, the securities are transferred back to the local agency in return for the collateral.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
For purposes of this section, the base value of the local agency’s pool portfolio shall be that dollar amount obtained by totaling all cash balances placed in the pool by all pool participants, excluding any amounts obtained through selling securities by way of reverse repurchase agreements, securities lending agreements, or other similar borrowing methods.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
For purposes of this section, the spread is the difference between the cost of funds obtained using the reverse repurchase agreement and the earnings obtained on the reinvestment of the funds.
</html:p>
<html:p>
(k)
<html:span class="EnSpace"/>
Medium-term notes, defined as all corporate and
depository institution debt securities with a maximum remaining maturity of five years or less, issued by corporations organized and operating within the United States or by depository institutions licensed by the United States or any state and operating within the United States. Notes eligible for investment under this subdivision shall be rated in a rating category of “A” or its equivalent or better by an NRSRO. Purchases of medium-term notes shall not include other instruments authorized by this section and shall not exceed 30 percent of the agency’s moneys that may be invested pursuant to this section. A local agency, other than a county or a city and a county, may invest no more than 10 percent of its total investment assets in the commercial paper and the medium-term notes of any single issuer.
</html:p>
<html:p>
(l)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Shares of beneficial interest issued by diversified management companies that invest in the securities and
obligations as authorized by subdivisions (a) to (k), inclusive, and subdivisions (m) to (q), inclusive, and that comply with the investment restrictions of this article and Article 2 (commencing with Section 53630). However, notwithstanding these restrictions, a counterparty to a reverse repurchase agreement or securities lending agreement is not required to be a primary dealer of the Federal Reserve Bank of New York if the company’s board of directors finds that the counterparty presents a minimal risk of default, and the value of the securities underlying a repurchase agreement or securities lending agreement may be 100 percent of the sales price if the securities are marked to market daily.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Shares of beneficial interest issued by diversified management companies that are money market funds registered with the United States Securities and Exchange Commission under the Investment Company Act of 1940 (15 U.S.C. Sec. 80a-1 et seq.).
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
If investment is in shares issued pursuant to paragraph (1), the company shall have met either of the following criteria:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Attained the highest ranking or the highest letter and numerical rating provided by not less than two NRSROs.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Retained an investment adviser registered or exempt from registration with the United States Securities and Exchange Commission with not less than five years’ experience investing in the securities and obligations authorized by subdivisions (a) to (k), inclusive, and subdivisions (m) to (q), inclusive, and with assets under management in excess of five hundred million dollars ($500,000,000).
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
If investment is in shares issued pursuant to paragraph (2), the company shall have met either of the following
criteria:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Attained the highest ranking or the highest letter and numerical rating provided by not less than two NRSROs.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Retained an investment adviser registered or exempt from registration with the United States Securities and Exchange Commission with not less than five years’ experience managing money market mutual funds with assets under management in excess of five hundred million dollars ($500,000,000).
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
The purchase price of shares of beneficial interest purchased pursuant to this subdivision shall not include commission that the companies may charge and shall not exceed 20 percent of the agency’s moneys that may be invested pursuant to this section. However, no more than 10 percent of the agency’s funds may be invested in shares of beneficial interest of any one mutual fund pursuant to paragraph
(1).
</html:p>
<html:p>
(m)
<html:span class="EnSpace"/>
Moneys held by a trustee or fiscal agent and pledged to the payment or security of bonds or other indebtedness, or obligations under a lease, installment sale, or other agreement of a local agency, or certificates of participation in those bonds, indebtedness, or lease installment sale, or other agreements, may be invested in accordance with the statutory provisions governing the issuance of those bonds, indebtedness, or lease installment sale, or other agreement, or to the extent not inconsistent therewith or if there are no specific statutory provisions, in accordance with the ordinance, resolution, indenture, or agreement of the local agency providing for the issuance.
</html:p>
<html:p>
(n)
<html:span class="EnSpace"/>
Notes, bonds, or other obligations that are at all times secured by a valid first priority security interest in securities of the types listed by Section 53651 as eligible securities for the purpose
of securing local agency deposits having a market value at least equal to that required by Section 53652 for the purpose of securing local agency deposits. The securities serving as collateral shall be placed by delivery or book entry into the custody of a trust company or the trust department of a bank that is not affiliated with the issuer of the secured obligation, and the security interest shall be perfected in accordance with the requirements of the Uniform Commercial Code or federal regulations applicable to the types of securities in which the security interest is granted.
</html:p>
<html:p>
(o)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
A mortgage passthrough security, collateralized mortgage obligation, mortgage-backed or other pay-through bond, equipment lease-backed certificate, consumer receivable passthrough certificate, or consumer receivable-backed bond.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
For securities eligible for investment
under this subdivision not issued or guaranteed by an agency or issuer identified in subdivision (b) or (f), the following limitations apply:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The security shall be rated in a rating category of “AA” or its equivalent or better by an NRSRO and have a maximum remaining maturity of five years or less.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Purchase of securities authorized by this paragraph shall not exceed 20 percent of the agency’s surplus moneys that may be invested pursuant to this section.
</html:p>
<html:p>
(p)
<html:span class="EnSpace"/>
Shares of beneficial interest issued by a joint powers authority organized pursuant to Section 6509.7 that invests in the securities and obligations authorized in subdivisions (a) to (r), inclusive. Each share shall represent an equal proportional interest in the underlying pool of securities owned by the joint powers authority. To be eligible under this
section, the joint powers authority issuing the shares shall have retained an investment adviser that meets all of the following criteria:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The adviser is registered or exempt from registration with the United States Securities and Exchange Commission.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The adviser has not less than five years of experience investing in the securities and obligations authorized in subdivisions (a) to (q), inclusive.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The adviser has assets under management in excess of five hundred million dollars ($500,000,000).
</html:p>
<html:p>
(q)
<html:span class="EnSpace"/>
United States dollar denominated senior unsecured unsubordinated obligations issued or unconditionally guaranteed by the International Bank for Reconstruction and Development, International Finance Corporation,
Inter-American Development Bank, or Inter-American Investment Corporation, with a maximum remaining maturity of five years or less, and eligible for purchase and sale within the United States. Investments under this subdivision shall be rated in a rating category of “AA” or its equivalent or better by an NRSRO and shall not exceed 30 percent of the agency’s moneys that may be invested pursuant to this section.
</html:p>
<html:p>
(r)
<html:span class="EnSpace"/>
Commercial paper, debt securities, or other obligations of a public bank, as defined in Section 57600.
</html:p>
<html:p>This section shall become operative on January 1, 2031.</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_B9B1D9DE-0989-474B-BEF0-C5D37591F2FC">
<ns0:Num>SEC. 14.</ns0:Num>
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Section 53651 of the
<ns0:DocName>Government Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_5BC7937A-DA28-4125-9378-85E963293527">
<ns0:Num>53651.</ns0:Num>
<ns0:LawSectionVersion id="id_B4F7EA52-5B5B-4C0E-A882-9FE24DB1C4AA">
<ns0:Content>
<html:p>Eligible securities are any of the following:</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
United States Treasury notes, bonds, bills or certificates of indebtedness, or obligations for which the faith and credit of the United States are pledged for the payment of principal and interest, including the guaranteed portions of small business administration loans, so long as the loans are obligations for which the faith and credit of the United States are pledged for the payment of principal and interest.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Notes or bonds or any obligations of a local public agency (as defined in the United States Housing Act of 1949) or any obligations of a public housing agency (as defined in the United States Housing Act of 1937) for which the faith and credit of the United
States are pledged for the payment of principal and interest.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Bonds of this state or of any local agency or district of the State of California having the power, without limit as to rate or amount, to levy taxes or assessments to pay the principal and interest of the bonds upon all property within its boundaries subject to taxation or assessment by the local agency or district, and in addition, limited obligation bonds pursuant to Article 4 (commencing with Section 50665) of Chapter 3 of Division 1, senior obligation bonds pursuant to Article 5 (commencing with Section 53387) of Chapter 2.7, and revenue bonds and other obligations payable solely out of the revenues from a revenue-producing property owned, controlled or operated by the state, local agency or district or by a department, board, agency or authority thereof.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
Bonds of any public housing agency (as defined in
the United States Housing Act of 1937, as amended) as are secured by a pledge of annual contributions under an annual contribution contract between the public housing agency and the Public Housing Administration if such contract shall contain the covenant by the Public Housing Administration which is authorized by subsection (b) of Section 22 of the United States Housing Act of 1937, as amended, and if the maximum sum and the maximum period specified in the contract pursuant to that subsection 22(b) shall not be less than the annual amount and the period for payment which are requisite to provide for the payment when due of all installments of principal and interest on the obligations.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
Registered warrants of this state.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
Bonds, consolidated bonds, collateral trust debentures, consolidated debentures, or other obligations issued by the United States Postal Service, federal
land banks or federal intermediate credit banks established under the Federal Farm Loan Act, as amended, debentures and consolidated debentures issued by the Central Bank for Cooperatives and banks for cooperatives established under the Farm Credit Act of 1933, as amended, consolidated obligations of the federal home loan banks established under the Federal Home Loan Bank Act, bonds, debentures and other obligations of the Federal National Mortgage Association or of the Government National Mortgage Association established under the National Housing Act, as amended, bonds of any federal home loan bank established under that act, bonds, debentures and other obligations of the Federal Home Loan Mortgage Corporation established under the Emergency Home Finance Act of 1970, and obligations of the Tennessee Valley Authority.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
Notes, tax anticipation warrants or other evidence of indebtedness issued pursuant to Article 7 (commencing with Section
53820), Article 7.5 (commencing with Section 53840) or Article 7.6 (commencing with Section 53850) of this Chapter 4.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
State of California notes.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Bonds, notes, certificates of indebtedness, warrants or other obligations issued by: (1) any state of the United States (except this state), or the Commonwealth of Puerto Rico, or any local agency thereof having the power to levy taxes, without limit as to rate or amount, to pay the principal and interest of such obligations, or (2) any state of the United States (except this state), or the Commonwealth of Puerto Rico, or a department, board, agency or authority thereof except bonds which provide for or are issued pursuant to a law which may contemplate a subsequent legislative appropriation as an assurance of the continued operation and solvency of the department, board, agency or authority but which does not constitute a valid
and binding obligation for which the full faith and credit of such state or the Commonwealth of Puerto Rico are pledged, which are payable solely out of the revenues from a revenue-producing source owned, controlled or operated thereby; provided the obligations issued by an entity described in (1), above, are rated in one of the three highest grades, and such obligations issued by an entity described in (2), above, are rated in one of the two highest grades by a nationally recognized investment service organization that has been engaged regularly in rating state and municipal issues for a period of not less than five years.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
Obligations issued, assumed or guaranteed by the International Bank for Reconstruction and Development, Inter-American Development Bank, the Government Development Bank of Puerto Rico, the Asian Development Bank, the International Finance Corporation, or the African Development Bank.
</html:p>
<html:p>
(k)
<html:span class="EnSpace"/>
Participation certificates of the Export-Import Bank of the United States.
</html:p>
<html:p>
(
<html:i>l</html:i>
)
<html:span class="EnSpace"/>
Bonds and notes of the California Housing Finance Agency issued pursuant to Chapter 7 (commencing with Section 51350) of Part 3 of Division 31 of the Health and Safety Code.
</html:p>
<html:p>
(m)
<html:span class="EnSpace"/>
Promissory notes secured by first mortgages and first trust deeds which comply with Section 53651.2.
</html:p>
<html:p>
(n)
<html:span class="EnSpace"/>
Any bonds, notes, warrants, or other evidences of indebtedness of a nonprofit corporation issued to finance the construction of a school building or school buildings pursuant to a lease or agreement with a school district entered into in compliance with the provisions of Section 39315 or 81345 of the Education Code, and also any bonds, notes, warrants or other evidences of indebtedness
issued to refinance those bonds, notes, warrants, or other evidences of indebtedness as specified in Section 39317 of the Education Code.
</html:p>
<html:p>
(o)
<html:span class="EnSpace"/>
Any municipal securities, as defined by Section 3(a)(29) of the Securities Exchange Act of June 6, 1934, (15 U.S.C. Sec. 78, as amended), which are issued by this state or any local agency thereof.
</html:p>
<html:p>
(p)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
With the consent of the treasurer, letters of credit issued by the Federal Home Loan Bank of San Francisco which comply with Section 53651.6.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
For local agencies authorized by Section 53635, and with assets under management of over $100,000,000, an eligible bank
that has been selected by the treasurer for the safekeeping of money belonging to, or in the custody of, the local agency, and that has its headquarters located outside of the state, may submit letters of credit that are drawn on its federal home loan bank as security, and subject to the terms set forth in Section 53651.6.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_C0A9B235-E80D-48CF-A650-8D43716A6D84">
<ns0:Num>SEC. 15.</ns0:Num>
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Section 54221 of the
<ns0:DocName>Government Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_152AAF3E-FA35-4E4F-95AE-34B99FF274F8">
<ns0:Num>54221.</ns0:Num>
<ns0:LawSectionVersion id="id_4C1AE049-02A5-4E75-86E4-36382898CFC2">
<ns0:Content>
<html:p>As used in this article, the following definitions shall apply:</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
“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.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
“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.”
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
“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.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Nothing in this article prevents a local agency from obtaining fair market value for the disposition of surplus land consistent with Section 54226.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
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).
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
“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.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
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:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Directly further the express purpose of agency work or operations.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Be expressly authorized by a statute governing the local agency, provided the district complies with Section 54233.5 if applicable.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
“Dispose” means either of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The sale of the surplus land.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
“Dispose” shall not mean either of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The entering of a lease for surplus land on which no development or demolition will occur, regardless of the term of the lease.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
“Open-space purposes” means the use of land for public recreation, enjoyment of scenic beauty, or conservation or use of natural resources.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Except as provided in paragraph (2), “exempt surplus land” means any of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Surplus land that is transferred pursuant to Section 25539.4 or 37364.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
Surplus land that is a former street, right-of-way, or easement, and is conveyed to an owner of an adjacent property.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(G)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
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 nonadjacent 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.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(H)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
Surplus land totaling 10 or more acres, consisting of either a single parcel, or two or more adjacent or nonadjacent parcels combined for disposition to one or more
persons or entities 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.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The aggregate development shall include the greater of the following:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
Not less than 300 residential units.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(v)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(vi)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
A mixed-use development, which may include more than one publicly owned parcel, that meets all of the following conditions:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
At least 50 percent of the square footage of the new construction associated with the development is designated for
residential use.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
The development is not located in an urbanized area, as defined in Section 21094.5 of the Public Resources Code.
</html:p>
<html:p>
(J)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Valid legal restrictions include, but are not limited to, all of the
following:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
Conservation or other easements or encumbrances that prevent housing development.
</html:p>
<html:p>
(III)
<html:span class="EnSpace"/>
Existing leases, or other contractual obligations or restrictions, if the terms were agreed to prior to September 30, 2019.
</html:p>
<html:p>
(IV)
<html:span class="EnSpace"/>
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:
</html:p>
<html:p>
(ia)
<html:span class="EnSpace"/>
The restrictions limit the use of those funds to purposes other than housing.
</html:p>
<html:p>
(ib)
<html:span class="EnSpace"/>
The proposed disposal of surplus land meets a use consistent with that purpose.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
Valid legal restrictions that would make housing prohibited do not include either of the following:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
An existing nonresidential land use designation on the surplus land.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(K)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(L)
<html:span class="EnSpace"/>
Land that is subject to either of the following, unless compliance with this article is expressly required:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Section 17515, 81192, 81397, 81399, 81420, or 81422 of the Education Code.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Part 14 (commencing with Section 53570) of Division 31 of the Health and Safety Code.
</html:p>
<html:p>
(M)
<html:span class="EnSpace"/>
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:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(iii)
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Before disposition of the surplus land, the agency adopts written findings that the land is exempt surplus land pursuant to this subparagraph.
</html:p>
<html:p>
(iv)
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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.
</html:p>
<html:p>
(v)
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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.
</html:p>
<html:p>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.</html:p>
<html:p>
(N)
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Real property that is used by a district for an agency’s use expressly authorized in subdivision (c).
</html:p>
<html:p>
(O)
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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.
</html:p>
<html:p>
(P)
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(i)
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Land that meets the following conditions:
</html:p>
<html:p>
(I)
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Land that is subject to a sectional planning area document that meets both of the following:
</html:p>
<html:p>
(ia)
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The sectional planning area was adopted prior to January 1, 2019.
</html:p>
<html:p>
(ib)
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The sectional planning area document is consistent with county and city general plans applicable to the land.
</html:p>
<html:p>
(II)
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The land identified in the adopted sectional planning area document was dedicated prior to January 1, 2019.
</html:p>
<html:p>
(III)
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On January 1, 2019, the parcels on the land met at least one of the following conditions:
</html:p>
<html:p>
(ia)
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The land was subject to an irrevocable offer of
dedication of fee interest requiring the land to be used for a specified purpose.
</html:p>
<html:p>
(ib)
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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.
</html:p>
<html:p>
(ic)
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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.
</html:p>
<html:p>
(IV)
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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.
</html:p>
<html:p>
(V)
<html:span class="EnSpace"/>
The land is developed at an average density of at least 10 units per acre, calculated with respect to the entire sectional planning area.
</html:p>
<html:p>
(VI)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(VII)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(VIII)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(iii)
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The Department of Housing and Community Development may request additional information from the agency regarding land disposed of pursuant to this subparagraph.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(v)
<html:span class="EnSpace"/>
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:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(III)
<html:span class="EnSpace"/>
For purposes of this subparagraph, fair market value shall be determined by an independent appraisal of the land.
</html:p>
<html:p>
(IV)
<html:span class="EnSpace"/>
An action to enforce this subparagraph may be brought by any of the following:
</html:p>
<html:p>
(ia)
<html:span class="EnSpace"/>
An entity identified in subdivisions (a) to (e), inclusive, of Section 54222.
</html:p>
<html:p>
(ib)
<html:span class="EnSpace"/>
A person who would have been eligible to apply for residency in affordable housing had the agency not violated this section.
</html:p>
<html:p>
(ic)
<html:span class="EnSpace"/>
A housing organization, as
that term is defined in Section 65589.5.
</html:p>
<html:p>
(id)
<html:span class="EnSpace"/>
A beneficially interested person or entity.
</html:p>
<html:p>
(ie)
<html:span class="EnSpace"/>
The Department of Housing and Community Development.
</html:p>
<html:p>
(V)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(VI)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(vi)
<html:span class="EnSpace"/>
For purposes of this subparagraph, the following definitions apply:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
“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.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
“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.
</html:p>
<html:p>
(vii)
<html:span class="EnSpace"/>
This subparagraph shall become inoperative on January 1, 2034.
</html:p>
<html:p>
(Q)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(R)
<html:span class="EnSpace"/>
Land that is transferred to a community land trust, and all of the following conditions are met:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The property is being or will be developed or rehabilitated as any of the following:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
An owner-occupied single-family dwelling.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
An owner-occupied unit in a multifamily dwelling.
</html:p>
<html:p>
(III)
<html:span class="EnSpace"/>
A member-occupied unit in a limited equity housing cooperative.
</html:p>
<html:p>
(IV)
<html:span class="EnSpace"/>
A rental housing development.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
(I)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
For the purpose of this clause, the following definitions apply:
</html:p>
<html:p>
(ia)
<html:span class="EnSpace"/>
“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.
</html:p>
<html:p>
(ib)
<html:span class="EnSpace"/>
“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.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
A copy of the deed restriction or other instrument shall be provided to the assessor.
</html:p>
<html:p>
(S)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
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:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(III)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(IV)
<html:span class="EnSpace"/>
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).
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The agency may exempt at one time all parcels covered by the adopted land use plan or policy pursuant to this subparagraph.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
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:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Within a coastal zone.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Adjacent to a historical unit of the State Parks System.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Listed on, or determined by the State Office of Historic Preservation to be eligible for, the National Register of Historic Places.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Within the Lake Tahoe region as defined in Section 66905.5.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
“Persons and families of low or moderate income” has the same meaning as provided in Section 50093 of the Health and Safety Code.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_551E793E-42FF-49E4-820F-5BAF00B5FBAB">
<ns0:Num>SEC. 16.</ns0:Num>
<ns0:Content>
<html:p>The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances faced by the County of Merced with respect to the organization of the county offices.</html:p>
</ns0:Content>
</ns0:BillSection>
</ns0:Bill>
</ns0:MeasureDoc>