BILL NUMBER: SB 699	CHAPTERED  09/30/04

	CHAPTER  916
	FILED WITH SECRETARY OF STATE  SEPTEMBER 30, 2004
	APPROVED BY GOVERNOR  SEPTEMBER 29, 2004
	PASSED THE SENATE  AUGUST 26, 2004
	PASSED THE ASSEMBLY  AUGUST 25, 2004
	AMENDED IN ASSEMBLY  AUGUST 23, 2004
	AMENDED IN ASSEMBLY  JUNE 17, 2004

INTRODUCED BY   Senator Sher

                        FEBRUARY 21, 2003

   An act to amend Section 65400 of, and to repeal Section 65307 of,
the Government Code, relating to local planning.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 699, Sher.  Local planning agencies:  duties.
   The Planning and Zoning Law requires the planning agency, after a
legislative body has adopted all or part of a general plan, to
provide an annual report, on or before October 1 of each year, to the
legislative body, the Office of Planning and Research, and the
Department of Housing and Community Development on the status of the
general plan and progress in meeting the community's share of
regional housing needs.  The report is required to be prepared
through forms and definitions adopted by the Department of Housing
and Community Development.
   The bill would require the report to include the degree to which
the approved general plan complies with specified guidelines for the
preparation of the mandatory elements of the general plan and the
date of the last revision to the general plan.  By imposing new
duties on planning agencies, the bill would create a state-mandated
local program.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 65307 of the Government Code is repealed.
  SEC. 2.  Section 65400 of the Government Code is amended to read:
   65400.  After the legislative body has adopted all or part of a
general plan, the planning agency shall do both of the following:
   (a) Investigate and make recommendations to the legislative body
regarding reasonable and practical means for implementing the general
plan or element of the general plan, so that it will serve as an
effective guide for orderly growth and development, preservation and
conservation of open-space land and natural resources, and the
efficient expenditure of public funds relating to the subjects
addressed in the general plan.
   (b) Provide by October 1 of each year an annual report to the
legislative body, the Office of Planning and Research, and the
Department of Housing and Community Development that includes all of
the following:
   (1) The status of the plan and progress in its implementation.
   (2) The progress in meeting its share of regional housing needs
determined pursuant to Section 65584 and local efforts to remove
governmental constraints to the maintenance, improvement, and
development of housing pursuant to paragraph (3) of subdivision (c)
of Section 65583.
   The housing element portion of the annual report, as required by
this paragraph, shall be prepared through the use of forms and
definitions adopted by the Department of Housing and Community
Development pursuant to the rulemaking provisions of the
Administrative Procedure Act (Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2).
   (3) The degree to which its approved general plan complies with
the guidelines developed and adopted pursuant to Section 65040.2 and
the date of the last revision to the general plan.
  SEC. 3.  It is the intent of the Legislature that the amendments to
Section 65400 of the Government Code made by this act correct a
drafting error made in the amendments to that section in Chapter 1235
of the Statutes of 1994 (Assembly Bill 51).