BILL NUMBER: SB 910 INTRODUCED
BILL TEXT
INTRODUCED BY Senators Dunn, Burton, Haynes, and Monteith
FEBRUARY 23, 2001
An act to amend Sections 65587 and 65589.3 of the Government Code,
relating to general plans, and making an appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
SB 910, as introduced, Dunn. General plans: housing elements.
(1) Existing law requires each city, county, or city and county to
prepare and adopt a general plan for its jurisdiction that contains
certain mandatory elements, including a housing element. A city,
county, a city and county is required to submit a draft housing
element or draft amendment to its housing element to the Department
of Housing and Community Development for a determination of whether
the draft complies with state law governing housing elements.
Existing law, until June 30, 2009, exempts any local government
within the jurisdiction of the San Diego Association of Governments
from this review requirement if it instead submits to the department
with its housing element a self-certification of compliance with
state law. In an action brought by any party to review the
conformity of a housing element with applicable state law, a court
review shall extend to whether the housing element, or portion
thereof or revision thereto, substantially complies with that law.
This bill would require a court, on a finding that there is not
substantial compliance, to award the plaintiff reasonable attorney's
fees and costs and to levy a penalty not to exceed $1,000 per unit of
the total projected housing need for the jurisdiction. The bill
would provide that all penalties shall accrue to the Housing
Rehabilitation Loan Fund. Because all money in this fund is
continuously appropriated to the Department of Housing and Community
Development for specified purposes, this bill would make an
appropriation.
(2) Existing law provides that, in any action filed on or after
January 1, 1991, challenging the validity of a housing element, there
shall be a rebuttable presumption of the validity of the element or
amendment if the Department of Housing and Community Development has
found that the element or amendment substantially complies with the
applicable law.
This bill would provide that, in any action filed on or after
January 1, 2002, challenging the validity of a housing element, there
shall be a rebuttable presumption of nonvalidity of the element or
amendment if the department has found that the element or amendment
does not substantially comply.
This bill would declare the intent of the Legislature to withhold
unidentified state funding from any city, county, or city and county
that does not have a housing element in substantial compliance with
state law and to redistribute the money to those cities, counties, or
cities and counties whose housing elements are in compliance. The
bill would state that, for the purposes of this provision, an
authorized self-certification of a housing element shall be deemed to
have been approved by the department.
Vote: 2/3. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 65587 of the Government Code is amended to
read:
65587. (a) Each city, county, or city and county shall bring its
housing element, as required by subdivision (c) of Section 65302,
into conformity with the requirements of this article on or before
October 1, 1981, and the deadlines set by Section 65588. Except as
specifically provided in subdivision (b) of Section 65361, the
Director of Planning and Research shall not grant an extension of
time from these requirements.
(b) Any action brought by any interested party to review the
conformity with the provisions of this article of any housing element
or portion thereof or revision thereto shall be brought pursuant to
Section 1085 of the Code of Civil Procedure; the court's review of
compliance with the provisions of this article shall extend to
whether the housing element or portion thereof or revision thereto
substantially complies with the requirements of this article. If
a court finds that any housing element or portion thereof does not
substantially comply with the requirements of this article, the
court, in addition to any other remedy allowed by law, shall award
the plaintiff reasonable attorney's fees and costs and shall levy a
penalty not to exceed one thousand dollars ($1,000) per unit of the
total projected housing need for the jurisdiction as identified
pursuant to Section 65584. Any penalties shall accrue to the Housing
Rehabilitation Loan Fund established by Section 50661 of the Health
and Safety Code.
(c) If a court finds that an action of a city, county, or city and
county, which is required to be consistent with its general plan,
does not comply with its housing element, the city, county, or city
and county shall bring its action into compliance within 60 days.
However, the court shall retain jurisdiction throughout the period
for compliance to enforce its decision. Upon the court's
determination that the 60-day period for compliance would place an
undue hardship on the city, county, or city and county, the court may
extend the time period for compliance by an additional 60 days.
SEC. 2. Section 65589.3 of the Government Code is amended to read:
65589.3. (a) In any action filed on or after January
1, 1991, taken to challenge the validity of a housing element, there
shall be a rebuttable presumption of the validity of the element or
amendment if, pursuant to Section 65585, the department has found
that the element or amendment substantially complies with the
requirements of this article.
(b) In any action filed on or after January 1, 2002, taken to
challenge the validity of a housing element, there shall be a
rebuttable presumption of the nonvalidity of the element or amendment
if, pursuant to Section 65585, the department has found that the
element or amendment does not substantially comply with the
requirements of this article.
SEC. 3. It is the intent of the Legislature that a percentage of
an ongoing source of state funding shall be withheld from any city,
county, or city and county that does not have an adopted housing
element that the Department of Housing and Community Development has
determined pursuant to Section 65585 of the Government Code to be in
substantial compliance with the requirements of Article 10.6
(commencing with Section 65580) of Chapter 3 of Division 1 of Title 7
of the Government Code. It is further the intent of the Legislature
to redistribute in the following month any withheld funds among all
cities, counties, and cities and counties whose housing elements the
department has determined to be in compliance with state law. For
the purposes of this section, a housing element that has been
self-certified pursuant to Section 65585.1 of the Government Code
shall be deemed to have been approved by the department.