El Dorado Irrigation District Sponsors AB 1895 – Exempting Land Unsuitable for Housing from the Surplus Land Act

The El Dorado Irrigation District (EID) sponsored Assembly Bill 1895 (AB 1895), authored by Assemblymember Heather Hadwick. AB 1895 would amend provisions of California's Surplus Land Act to clarify how certain surplus public lands are classified when physical conditions limit residential development.

The Surplus Land Act promotes affordable housing development by requiring local agencies to make surplus property available for housing before selling or otherwise disposing of it. The Act requires agencies to notify the California Department of Housing and Community Development (HCD), local public entities, and housing developers who have expressed interest in surplus land. Agencies must also complete a formal good-faith negotiation process with every entity that responds to a notice of surplus land and submit documentation to HCD before finalizing a transaction. These procedures apply to most surplus properties owned by local public agencies.

Purpose of AB 1895
AB 1895 would add land that is physically unsuitable for housing development to the existing definitions of "exempt surplus land." The bill defines physically unsuitable land as property where residential development is infeasible due to conditions such as:

• Location within a flood zone
• Designation as a fire hazard zone
• Presence of sensitive ecological habitat
• Land instability

The bill does not modify affordable housing requirements for land that is suitable for residential development. Instead, it clarifies how the Act applies to property where development is impracticable due to environmental or safety constraints. The measure distinguishes between land with realistic housing development potential and land where residential construction is not feasible.

Assemblymember Hadwick issued the following statement:
"California's affordable housing crisis is real and when state law forces local agencies to spend years navigating red tape over parcels that cannot physically support housing, we've lost sight of common sense," said Assemblymember Heather Hadwick. "AB 1895 simply clarifies that land which is physically unsuitable for housing development should be treated as exempt surplus land under the Surplus Land Act. This bill does not weaken our commitment to affordable housing; it strengthens it by ensuring the Act is focused on parcels where homes can actually be built."

District Perspective
As sponsor of AB 1895, EID supports the proposed amendments to the Surplus Land Act. The District's sponsorship reflects its interest in administrative clarity regarding the application of the Act to properties with significant environmental or safety constraints.

EID General Counsel Brian Poulsen previously published an article identifying challenges related to land that lacks housing development potential due to physical or environmental constraints and calling for common sense reform.

As a public water agency, EID may sponsor or support state legislation that affects its operations, governance, or statutory responsibilities. The District communicates its positions to legislators and appropriate decision-makers in accordance with adopted policies and applicable law.

For additional information regarding AB 1895, members of the public may visit the California Legislature's official website at www.leginfo.legislature.ca.gov.

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EID is a public agency dedicated to providing high quality water, wastewater treatment, recycled water, hydropower, and recreation services in an environmentally and fiscally responsible manner.