BILL NUMBER: SB 1087 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 26, 2005
INTRODUCED BY Senator Florez
FEBRUARY 22, 2005
An act to amend Section 65589.7 of the Government Code, relating
to housing.
LEGISLATIVE COUNSEL'S DIGEST
SB 1087, as amended, Florez. Housing elements: services.
(1) The Planning and Zoning 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. One part of the housing element is an assessment of
housing needs and an inventory of resources and constraints relevant
to meeting those needs. That law also requires that the housing
element adopted by the legislative body of the city, county, or city
and county and any amendments made to that element be delivered to
all public agencies or private entities that provide water services
at retail or sewer services within the territory of the legislative
body.
The Planning and Zoning Law also requires each public agency or
private entity providing these services to grant a priority for the
provision of available and future resources or services to proposed
housing developments that help meet the legislative body's share of
the regional housing need for lower income households as identified
in the housing element and any amendments to the housing element.
This bill would require that the adopted housing element and any
amendments be delivered immediately to all public agencies or
private entities that provide water resources or services at retail
or sewer resources or services , as specified, would
apply these provisions to the legislative body's share of
the regional housing need for very low and low-income
proposed developments that include housing units affordable to lower
income households, and would require, within 60 days
of the adoption or amendment of the housing element on
or before July 1, 2006 , that these public agencies or private
entities adopt a policy for the allocation of these services in
conformance with these provisions. By increasing the duties of local
public officials, the bill would impose a state-mandated local
program.
This bill would also provide that a provider of water or sewer
services may not deny or condition the approval of an application for
services, or reduce the amount of the services applied for, if the
proposed development includes housing affordable to lower income
households and would require the local planning agency or the
legislative body to deny an application for any residential or
nonresidential development if it finds, based on substantial
evidence, makes a written determination that
these provisions have not been complied with.
The bill would make these provisions applicable to charter
cities.
(2) 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 these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 65589.7 of the Government Code is amended to
read:
65589.7.
(a) The housing element adopted by the legislative body and any
amendments made to that element shall be immediately delivered to all
public agencies or private entities that provide water
services at retail or sewer resources or services at
retail or sewer resources or services within the territory of
the legislative body. When allocating or making plans for the
allocation of available and future resources or services designated
for residential use, each public agency or private entity providing
water services at retail or sewer resources
or services at retail or sewer resources or services, shall
grant a priority for the provision of these available and future
resources or services to proposed housing developments to
meet the city's, county's, or city and county's share of the regional
housing need for very low and low-income households as identified,
pursuant to paragraph(1) of subdivision (a) of Section 65583, in the
housing element adopted by the legislative body and any amendments
made to that element. resources or services to
proposed developments that include housing units affordable to lower
income households.
(b) Within 60 days of the adoption of the housing element
or any amendments by the legislative body, the public agency, or
On or before July 1, 2006, the public
agency, or private entity providing services as provided in
subdivision (a), shall adopt a policy for allocation of services in
conformance with this section. The priority established in
subdivision (a) shall mean a priority over all other applicants for
existing as well as future resources to proposed housing
developments. future resources or services.
(c) The provider of water or sewer resources or
services as provided in subdivision (a) shall not deny or condition
the approval of an application for services, or reduce the amount of
services applied for, if the denial, condition, or reduction is based
in whole or in part on the inclusion of housing affordable
to lower income households in the proposed development. However, the
approval of an application may be conditioned on the developer
including housing affordable to lower income households in the
development. The provider of water or sewer services shall reserve
sufficient available existing and future resources or services to
meet the requirement as provided in subdivision (a) of the city's,
county's, or city and county's share of the regional housing need for
very low and low -income households, as defined in subdivision (a).
part on the inclusion of housing units affordable to
lower income households.
(d) The provider of water or sewer resources or services shall
reserve sufficient available existing and future resources or
services to meet the shares of the regional housing need for very low
and low-income households, as identified pursuant to paragraph (1)
of subdivision (a) of Section 65583, for each city, county, and city
and county within its jurisdiction. Resources or services may only be
allocated from this reserve for housing units affordable to lower
income households.
(d)
(e) When considering an application for any residential
or nonresidential development that does not include housing
affordable to lower income households, neither the local planning
agency nor legislative body shall approve the application unless it
finds, based on substantial evidence, that each public agency or
private entity providing sewer or water services to the proposed
development has complied with subdivision (a).
affordable to lower income households, the public agency or private
entity providing sewer or water resources or services to the proposed
development shall not approve the application unless it makes a
written determination that the provider has complied with this
section.
(e)
(f) The following definitions apply for purposes of
this section:
(1) "Available existing and future resources and
or services" means those that are not
irrevocably committed by legally enforceable agreement, including
those that will become available as a result of expansion or increase
in capacity or reduction of the provision of resources or services
to existing recipients.
(2) "Affordable to lower income households" means that at least 20
percent of the total units shall be (A) sold or rented to lower
income households as defined in Section 50079.5 of the Health and
Safety Code, (B) made available at a monthly housing cost that does
not exceed 30 percent of 60 percent of the area median income with
adjustments for household size made in accordance with the adjustment
factors on which the lower income eligibility limits are based, and
(C) restricted by legally sufficient commitments to ensure continued
availability of units to lower income households in accordance with
the provisions of this subdivision for 30 years.
(2) "Housing units affordable to lower income households" means
dwelling units that are sold or rented to lower income households, as
defined in Section 50079.5 of the Health and Safety Code, at an
affordable housing cost, as defined in Section 50052.5 of the Health
and Safety Code, or an affordable rent, as defined in Section 50053
of the Health and Safety Code, and restricted by legally sufficient
commitments to ensure continued availability of units to lower income
households in accordance with the provisions of this subdivision for
at least 30 years.
(f)
(g) This section is intended to neither enlarge nor
diminish the existing authority of a city, county or city and county
in adopting a housing element. Failure to deliver a housing element
adopted by the legislative body or amendments made to that element,
to a public agency or private entity providing water resources
or services at retail or sewer resources or services
shall not invalidate any action or approval of a development
project. The special districts which provide water resources or
services at retail or sewer resources or services
related to development, as defined in subdivision (e) of Section
56426, are included within this section.
(g)
(h) As used in this section, "water resources or
services at retail" means supplying water directly to the end
user or consumer of that water, and does not include sale by a water
supplier to another water supplier for resale.
(i) The Legislature finds and declares that this section shall be
applicable to all cities and counties, including charter cities,
because the Legislature finds that the lack of affordable housing is
a matter of vital statewide importance.
SEC. 2.
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 Part
7 (commencing with Section 17500) of Division 4 of Title 2 of the
Government Code.