California First Time Homeowner Dream Act.
AB 317
California Bills
20250AB__031798AMD INTRODUCED 2025-01-24 AMENDED_ASSEMBLY 2025-04-29 2025 AB AMD Introduced by Assembly Member Jackson LEAD_AUTHOR ASSEMBLY Jackson
An act to add
Section 21080.59 to the Public Resources Code, relating to housing. housing California First Time Homeowner Dream Act. (1)<span class="EnSpace"/>The</p>"?> The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report (EIR) on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect.
CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. Existing law exempts various projects from CEQA, including projects related to the conversion of a structure with a certificate of occupancy as a motel, hotel, residential hotel, or hostel to supportive or transitional housing, as defined, that meet certain conditions.
This bill would exempt from CEQA the new construction of a single-family dwelling that meets specified conditions, including that the project contains one single-family dwelling that is 1,500 square feet or less with no more than bedrooms, the property is intended to be sold to a first-time home buyer, and the lead agency determines that the developer of the project or the property owner provided sufficient legal commitments to meet the requirements of the exemption.
The bill would require the lead agency, if it determines that a project qualifies for the exemption, to file a notice of exemption with the Office of Land Use and Climate Innovation, formerly known as the Office of Planning and Research, and the county clerk, as specified.
By placing additional requirements on the lead agency to make a determination on whether the CEQA exemption applies, and on local agencies to determine whether the project developer provided sufficient legal commitments, as described, the bill would impose a state-mandated local program. (2)<xhtml:span class="EnSpace"/>The California Constitution generally limits ad valorem taxes on real property to 1% of the full cash value of that property, defined as the county assessor’s valuation of real property as shown on the 1975–76 tax bill and, thereafter, the appraised value of the property when purchased, newly constructed, or a change in ownership occurs after the assessment, subject to an annual inflation adjustment not to exceed 2%.
Existing property tax law provides for the payment of taxes on the secured roll in installments, which are due and payable on November and February 1, respectively.
Under existing property tax law, unpaid property taxes become delinquent and subject to specified penalties and fees. </xhtml:p><xhtml:p>This bill would require, except as provided, payment of property taxes for a property to be deferred, without penalty or interest, until a change in ownership occurs, if specified requirements are met, including that the property is zoned for residential use and contains one newly constructed single-family dwelling that is 1,500 square feet or less with no more than bedrooms.
The bill would require the property owner to notify the assessor if specified conditions occur, including if the property is leased or rented, and would end the deferment upon notification. By imposing additional duties on local tax officials, the bill would impose a state-mandated local program.</xhtml:p><p>(3)<span class="EnSpace"/>The</p>"?> 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. MAJORITY NO YES YES NO NO NO NO NO NO NO The people of the State of California do enact as follows:
SECTION 1. This act shall be known, and may be cited, as the California First Time Homeowner Dream Act.
SEC.
Section 21080.59 is added to the Public Resources Code , to read: 21080.59. (
a) This division does not apply to the new construction of a single-family dwelling that meets all of the following criteria:
(1) The single-family dwelling is 1,500 square feet or less with no more than three bedrooms.
(2) The property is intended to be sold, or transferred for less than four hundred thousand dollars ($400,000).
(3) The property is intended to be sold or transferred to a first-time home buyer.
(4) The applicable lead agency determines that the developer of the project or the property owner provided sufficient legal commitments to meet the requirements of this subdivision. (
b) If the lead agency determines that a project is not subject to this division pursuant to this section, and the lead agency determines to approve or carry out that project, the lead agency shall file a notice of exemption with the Office of Land Use and Climate Innovation and the county clerk of the county in which the project is located in the manner specified in subdivisions (
b) and (
c) of
Section 21152. <caml:Num>SEC. 3.</caml:Num><caml:ActionLine action="IS_ADDED" xlink:href="urn:caml:codes:RTC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2F%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'2636.3'%5D)" xlink:label="fractionType: LAW_SECTION" xlink:type="locator">Section 2636.3 is added to the <caml:DocName>Revenue and Taxation Code</caml:DocName>, to read:</caml:ActionLine><caml:Fragment><caml:LawSection id="id_593E2075-F6EB-4273-B0DA-A88219445137"><caml:Num>2636.3.</caml:Num><caml:LawSectionVersion id="id_A7EF5FF2-29F5-4BAA-A509-33175D5018E5"><caml:Content><xhtml:p>(a)<xhtml:span class="EnSpace"/>Notwithstanding any other law, payment of property taxes for a property shall be deferred, without penalty or interest, if all of the following apply:</xhtml:p><xhtml:p>(1)<xhtml:span class="EnSpace"/>The property is zoned for residential use and contains one newly constructed single-family dwelling that is 1,500 square feet or less with no more than three bedrooms.</xhtml:p><xhtml:p>(2)<xhtml:span class="EnSpace"/>The property owner does not intend to occupy or use the property, and has notified the assessor pursuant to subparagraph (
A) of paragraph (1) of subdivision (
a) of
Section 75.12, or meets the requirements of subparagraph (
B) of paragraph (1) of subdivision (
a) of
Section 75.12.</xhtml:p><xhtml:p>(3)<xhtml:span class="EnSpace"/>The property is intended to be sold or transferred for less than four hundred thousand dollars ($400,000).</xhtml:p><xhtml:p>(4)<xhtml:span class="EnSpace"/>The property is intended to be sold or transferred to a first-time homebuyer.</xhtml:p><xhtml:p>(5)<xhtml:span class="EnSpace"/>The property owner requests deferment with the county assessor within days of receiving the first tax bill for the property.</xhtml:p><xhtml:p>(b)<xhtml:span class="EnSpace"/>(1)<xhtml:span class="EnSpace"/>Payment of property taxes that have been deferred pursuant to subdivision (
a) shall be deferred until a change in ownership occurs or until the property owner notifies the assessor pursuant to subdivision (c).</xhtml:p><xhtml:p>(2)<xhtml:span class="EnSpace"/>First installments of property taxes that have been deferred pursuant to this section, shall be due and payable on December 10, or days after the date the bill is mailed or electronically transmitted to the owner, whichever is later. Second installments of property taxes that have been deferred pursuant to this
section shall be due and payable on April 10, or days after the date the bill is mailed or electronically transmitted to the owner, whichever is later.</xhtml:p><xhtml:p>(3)<xhtml:span class="EnSpace"/>Deferred tax installments that are unpaid shall become delinquent at p.m., or the close of business, whichever is later, of the due date and shall be subject to delinquency penalties as provided by law.</xhtml:p><xhtml:p>(c)<xhtml:span class="EnSpace"/>(1)<xhtml:span class="EnSpace"/>The property owner shall notify the assessor within days of the earliest date that any of the following occur:</xhtml:p><xhtml:p>(A)<xhtml:span class="EnSpace"/>The property changes ownership pursuant to an unrecorded contract of sale.</xhtml:p><xhtml:p>(B)<xhtml:span class="EnSpace"/>The property is leased or rented.</xhtml:p><xhtml:p>(C)<xhtml:span class="EnSpace"/>The property is occupied or used by the owner for any purpose other than provided in subdivision (
b) of
Section 75.12.</xhtml:p><xhtml:p>(D)<xhtml:span class="EnSpace"/>The property is occupied or used with the owner’s consent for any purpose other than provided in subdivision (
b) of
Section 75.12.</xhtml:p><xhtml:p>(E)<xhtml:span class="EnSpace"/>The property is listed for sale, sold, or transferred for greater than four hundred thousand dollars ($400,000).</xhtml:p><xhtml:p>(2)<xhtml:span class="EnSpace"/>The failure to provide the assessor the notice required under this subdivision, whether requested or not, shall result in a penalty in the amount specified in
Section 482.</xhtml:p><xhtml:p>(d)<xhtml:span class="EnSpace"/>This
section shall not preclude the reassessment of property on the assessment roll for January following the date of completion. </xhtml:p></caml:Content></caml:LawSectionVersion></caml:LawSection></caml:Fragment></caml:BillSection>"?>
SEC. 3. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to