Added by Stats. 2025, Ch. 508, Sec. 2. (AB 1296) Effective January 1, 2026.
(a)The department shall provide technical assistance to a local educational agency that submits a notice pursuant to Section 50408.6 and that requests the department to provide technical assistance, as described in subdivision (b), for the purpose of supporting predevelopment activities related to a housing project located on real property owned by the local educational agency. The department may provide this assistance directly or through contracts with qualified third-party entities, including, but not limited to, legal firms, financial advisors, housing development consultants, and nonprofit technical assistance providers.
(b)Technical assistance pursuant to subdivision (a) shall be advisory in nature and may include, but is not limited to, all of the following:
(1)Providing information and guidance on statutory requirements, surplus land procedures, and local land use regulations relevant to predevelopment activities.
(2)Advising on available funding sources, including state and federal grants, tax credits, and loan programs and outlining application requirements and timelines.
(3)Offering insights on conducting project feasibility analysis and exploring partnership models,
such as joint ventures with housing developers or public agencies.
(4)Clarifying state and local regulatory processes related to planning, zoning, and environmental review, including key steps and compliance considerations.
(5)Reviewing draft agreements with housing developers and providing feedback, including on ground leases, joint development agreements, and other public-private partnership contracts, without engaging in direct negotiation.
(6)Facilitating referrals to external experts, service providers, or funding agencies with specialized expertise that might support the predevelopment activities of the local educational agency.
(c)Any legal advice or other assistance provided by the department shall not be construed as forming an attorney-client relationship between the department and the local educational agency. The department shall not be liable for any damages, liabilities, or other obligations that a local educational agency incurs pursuant to activities under this section.
(d)The department shall prioritize technical assistance for local educational agencies that serve high-need student populations or are located in areas experiencing high housing-cost burdens or educator-staffing shortages.
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