Governor Newsom Signs PILP Sponsored Land Use Bills

Governor Newsom Signs PILP Sponsored Land Use Bills

AB 480: Surplus Land Act (Ting)

AB 480 clarifies and strengthens provisions in the Surplus Land Act that will promote the use of public land for affordable housing. Among other things, it now expressly applies to leasing of public lands (for more than 15 years) and mandates that large master developed or military base conversions of greater than 10 acres include at least 10 units of housing per acre, with 25% of the units being affordable to lower income households. It also creates new exemptions for 1) mixed use development on public land in rural areas when at least 50% of the square footage of the new construction will be for residential use and at least 25% of residential units will be affordable, and 2) transit agencies that adopt a plan where 50% of the surplus land will be dedicated to residential purposes and at least 25% of the units will be affordable. The bill also closes enforcement loopholes by clarifying the calculation of penalties for public land disposed of in violation of the SLA. Sponsored by PILP, Nonprofit Housing Association of Northern California, and San Diego Housing Federation.

SB439: Special Motion to Strike (Skinner)

SB 439 creates a special motion to strike litigation challenging the approval or permitting of an affordable housing project modeled after California’s anti-SLAPP statute. The bill applies to developments with 100% of the units affordable to lower income households and is designed to quickly dispense with litigation filed against approved affordable housing projects that has no likelihood of success on the merits. Litigation challenging these projects is subject to a special motion to strike that may be brought within 60 days of service of complaint, stays discovery proceedings, and must be heard within 30 days if the court’s docket permits. Sponsored by PILP and California Housing Consortium.

AB 1218--SB 330 Clean-Up Legislation (Lowenthal)

The Housing Crisis Act of 2019 (SB 330) enacted projections against displacement of existing affordable housing and provided for relocation assistance and replacement housing when new developments demolish existing housing. AB 1218 amends the law to (1) clarify the 5 year look back for existing affordable housing, (2) clarify that replacement housing must be developed concurrently with or prior to the new development, (3) applies the relocation and replacement housing protections to all new development, even if notresidential, and (4) clarify the application of the relocation assistance requirements. Sponsored by PILP and California Rural Legal Assistance Foundation.

To read the Governor's Announcement, click here.