California Assembly Bill 1206
Session 20212022
Property taxation: affordable housing: welfare exemption.
Became Law
Became Law on Sep 28, 2022
Origin Chamber
Assembly
Type
Bill
Bill Number
1206
State
California
Session
20212022
Motion Text
AB 1206 Bennett Concurrence in Senate Amendments
Assembly Roll Call Votes
Other
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Summary
(1) Existing property tax law, in accordance with the California Constitution, provides for a "welfare exemption" for property used exclusively for religious, hospital, scientific, or charitable purposes and that is owned or operated by certain types of nonprofit entities, if certain qualifying criteria are met. Under existing property tax law, property that meets these requirements that is used exclusively for rental housing and related facilities is entitled to a partial exemption, equal to that percentage of the value of the property that is equal to the percentage that the number of units serving lower income households represents of the total number of residential units, in any year that any of certain criteria apply, including that the property be subject to a legal restriction that provides that units designated for use by lower income households are continuously available to or occupied by lower income households, at rents not exceeding specified limits. For the 2018–19 fiscal year through the 2027–28 fiscal year, in the case of an owner of property receiving a low-income housing tax credit under specified federal law, existing property tax law requires that a unit continue to be treated as occupied by a lower income household for these purposes if the occupants were lower income households on the lien date in the fiscal year in which their occupancy of the unit commenced and the unit continues to be rent restricted, notwithstanding an increase in the income of the occupants of the unit to 140% of area median income, adjusted for family size.
This bill, for the 2022–23 fiscal year through the 2027–28 fiscal year, would require that a unit continue to be treated as occupied by a lower income household, as described above, if the owner is a community land trust whose land is leased to low-income households, subject to a contract that complies with specified requirements. This bill would require a claim for a welfare exemption pursuant to this requirement to be accompanied by an affidavit containing specified information regarding the units for which the exemption is claimed and would provide that the affidavit is not subject to public disclosure.
(2) Existing law requires any bill authorizing a new tax expenditure in the Sales and Use Tax Law, Personal Income Tax Law, or Corporation Tax Law to contain, among other things, specific goals, purposes, and objectives that the tax expenditure will achieve, detailed performance indicators, and data collection requirements.
This property tax bill would include the additional information that is required for any bill authorizing a new tax expenditure in the Sales and Use Tax Law, Personal Income Tax Law, or Corporation Tax Law.
(3) The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose.
This bill would make legislative findings to that effect.
Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
(4) By adding to the duties of local tax officials, and expanding the crime of perjury by requiring an affidavit, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
(5) Existing law requires the state to reimburse local agencies annually for certain property tax revenues lost as a result of any exemption or classification of property for purposes of ad valorem property taxation.
This bill would provide that, notwithstanding those provisions, no appropriation is made and the state shall not reimburse local agencies for property tax revenues lost by them pursuant to the bill.
(6) This bill would take effect immediately as a tax levy.
02/19/21 - Introduced
February 19, 2021
01/03/22 - Amended Assembly
January 3, 2022
01/24/22 - Amended Assembly
January 24, 2022
08/16/22 - Amended Senate
August 16, 2022
08/29/22 - Enrolled
August 29, 2022
09/28/22 - Chaptered
September 28, 2022
01/07/22- Assembly Revenue and Taxation
January 7, 2022
01/10/22- Assembly Housing and Community Development
January 10, 2022
01/18/22- Assembly Appropriations
January 18, 2022
01/25/22- ASSEMBLY FLOOR ANALYSIS
January 25, 2022
05/26/22- Senate Governance and Finance
May 26, 2022
07/29/22- Senate Appropriations
July 29, 2022
08/13/22- Sen. Floor Analyses
August 13, 2022
08/17/22- Sen. Floor Analyses
August 17, 2022
08/24/22- ASSEMBLY FLOOR ANALYSIS
August 24, 2022
Sort by most recent
09/28/2022
California State Legislature
Chaptered by Secretary of State - Chapter 636, Statutes of 2022.
09/28/2022
California State Legislature
Approved by the Governor.
08/31/2022
California State Legislature
Enrolled and presented to the Governor at 4 p.m.
08/25/2022
Assembly
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 76. Noes 0.).
08/25/2022
Assembly
Assembly Rule 77(a) suspended.
08/24/2022
Assembly
In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 26 pursuant to Assembly Rule 77.
08/24/2022
Senate
Read third time. Passed. Ordered to the Assembly. (Ayes 40. Noes 0. Page 5076.).
08/17/2022
Senate
Read second time. Ordered to third reading.
08/16/2022
Senate
Read third time and amended. Ordered to second reading.
08/11/2022
Senate
Read second time. Ordered to third reading.
08/11/2022
Senate
From committee: Do pass. (Ayes 6. Noes 0.) (August 11).
08/02/2022
Senate
In committee: Referred to suspense file.
06/01/2022
Senate
From committee: Do pass and re-refer to Com. on APPR with recommendation: To Consent Calendar. (Ayes 5. Noes 0.) (June 1). Re-referred to Com. on APPR.
05/04/2022
Senate
Referred to Com. on GOV. & F.
02/01/2022
Senate
In Senate. Read first time. To Com. on RLS. for assignment.
01/31/2022
Assembly
Read third time. Passed. Ordered to the Senate. (Ayes 75. Noes 0. Page 3438.)
01/25/2022
Assembly
Read second time. Ordered to third reading.
01/24/2022
Assembly
Read second time and amended. Ordered returned to second reading.
01/20/2022
Assembly
From committee: Amend, and do pass as amended. (Ayes 12. Noes 0.) (January 20).
01/12/2022
Assembly
From committee: Do pass and re-refer to Com. on APPR. (Ayes 8. Noes 0.) (January 12). Re-referred to Com. on APPR.
01/11/2022
Assembly
From committee: Do pass and re-refer to Com. on H. & C.D. (Ayes 9. Noes 0.) (January 10). Re-referred to Com. on H. & C.D.
01/06/2022
Assembly
(pending re-refer to com. on H. & C.D.)
01/06/2022
Assembly
Assembly Rule 56 suspended. (Page 3242.)
01/04/2022
Assembly
Re-referred to Com. on REV. & TAX.
01/03/2022
Assembly
From committee chair, with author's amendments: Amend, and re-refer to Com. on REV. & TAX. Read second time and amended.
03/04/2021
Assembly
Referred to Coms. on REV. & TAX. and H. & C.D.
02/22/2021
Assembly
Read first time.
02/20/2021
Assembly
From printer. May be heard in committee March 22.
02/19/2021
Assembly
Introduced. To print.
Sources
Record Created
Feb 20, 2021 6:04:10 AM
Record Updated
Nov 23, 2022 12:25:34 PM