BILL NUMBER: AB 242 CHAPTERED
BILL TEXT
CHAPTER 11
FILED WITH SECRETARY OF STATE APRIL 29, 2008
APPROVED BY GOVERNOR APRIL 29, 2008
PASSED THE SENATE APRIL 17, 2008
PASSED THE ASSEMBLY APRIL 21, 2008
AMENDED IN SENATE APRIL 8, 2008
AMENDED IN SENATE MARCH 5, 2008
AMENDED IN ASSEMBLY JANUARY 24, 2008
AMENDED IN ASSEMBLY JANUARY 10, 2008
AMENDED IN ASSEMBLY JANUARY 7, 2008
AMENDED IN ASSEMBLY MARCH 29, 2007
INTRODUCED BY Assembly Member Blakeslee
FEBRUARY 1, 2007
An act to amend Section 65584.07 of the Government Code, relating
to land use.
LEGISLATIVE COUNSEL'S DIGEST
AB 242, Blakeslee. Land use: annexation: housing.
The Cortese-Knox-Hertzberg Local Government Reorganization Act of
2000 authorizes local governments to annex portions of territory to
other local governments, as specified.
The Planning and Zoning Law requires local governments to adopt
comprehensive general plans that address a number of elements,
including the housing element. The Department of Housing and
Community Development is required to assist local governments in the
allocation of the regional housing needs. Existing law also
authorizes a city or county to transfer a percentage of its share of
the regional housing needs to another city or county, as specified.
Existing law requires each city, county, and city and county to
revise its housing element on specified dates, in accordance with a
specified schedule, and not less often than once every 5th year after
that revision.
Existing law requires, during the period between adoption of a
final regional housing needs allocation until the due date of the
housing element update, that the council of governments, or the
department, whichever assigned the county's share, reduce the share
of regional housing needs of a county if certain conditions are met.
If an annexation of unincorporated land to a city occurs after the
council of governments, or the department for areas with no council
of governments, has made its final allocation under these provisions,
the city and county are authorized to reach a mutually acceptable
agreement on a revised determination of regional housing needs, to
reallocate a portion of the affected county's share of regional
housing needs to the annexing city, and report the revision to the
council of governments and the department, or to the department for
areas with no council of governments.
This bill would revise provisions governing the process for making
the transfer of the county's regional housing needs allocation to
the city.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 65584.07 of the Government Code is amended to
read:
65584.07. (a) During the period between adoption of a final
regional housing needs allocation and the due date of the housing
element update under Section 65588, the council of governments, or
the department, whichever assigned the county's share, shall reduce
the share of regional housing needs of a county if all of the
following conditions are met:
(1) One or more cities within the county agree to increase its
share or their shares in an amount equivalent to the reduction.
(2) The transfer of shares shall only occur between a county and
cities within that county.
(3) The county's share of low-income and very low income housing
shall be reduced only in proportion to the amount by which the county'
s share of moderate- and above moderate-income housing is reduced.
(4) The council of governments or the department, whichever
assigned the county's share, shall approve the proposed reduction, if
it determines that the conditions set forth in paragraphs (1), (2),
and (3) above have been satisfied. The county and city or cities
proposing the transfer shall submit an analysis of the factors and
circumstances, with all supporting data, justifying the revision to
the council of governments or the department. The council of
governments shall submit a copy of its decision regarding the
proposed reduction to the department.
(b) (1) The county and cities that have executed transfers of
regional housing needs pursuant to subdivision (a) shall use the
revised regional housing need allocation in their housing elements
and shall adopt their housing elements by the deadlines set forth in
Section 65588.
(2) A city that has received a transfer of a regional housing need
pursuant to subdivision (c) shall adopt or amend its housing element
within 30 months of the effective date of incorporation.
(3) A county or city that has received a transfer of regional
housing need pursuant to subdivision (d) shall amend its housing
element within 180 days of the effective date of the transfer.
(4) A county or city is responsible for identifying sites to
accommodate its revised regional housing need by the deadlines set
forth in paragraphs (1), (2), and (3).
(5) All materials and data used to justify any revision shall be
made available upon request to any interested party within seven days
upon payment of reasonable costs of reproduction unless the costs
are waived due to economic hardship. A fee may be charged to
interested parties for any additional costs caused by the amendments
made to former subdivision (c) of Section 65584 that reduced from 45
to 7 days the time within which materials and data were required to
be made available to interested parties.
(c) (1) If an incorporation of a new city occurs after the council
of governments, subregional entity, or the department for areas with
no council of governments, has made its final allocation under
Section 65584.03, 65584.04, 65584.06, or 65584.08, a portion of the
county's allocation shall be transferred to the new city. The city
and county may reach a mutually acceptable agreement for transfer of
a portion of the county's allocation to the city, which shall be
accepted by the council of governments, subregional entity, or the
department, whichever allocated the county's share. If the affected
parties cannot reach a mutually acceptable agreement, then either
party may submit a written request to the council of governments,
subregional entity, or to the department for areas with no council of
governments, to consider the facts, data, and methodology presented
by both parties and determine the number of units, by income
category, that should be transferred from the county's allocation to
the new city.
(2) Within 90 days after the date of incorporation, either the
transfer, by income category, agreed upon by the city and county, or
a written request for a transfer, shall be submitted to the council
of governments, subregional entity, or to the department, whichever
allocated the county's share. A mutually acceptable transfer
agreement shall be effective immediately upon receipt by the council
of governments, the subregional entity, or the department. A copy of
a written transfer request submitted to the council of governments
shall be submitted to the department. The council of governments,
subregional entity, or the department, whichever allocated the county'
s share, shall make the transfer effective within 180 days after
receipt of the written request. If the council of governments
allocated the county's share, the transfer shall be based on the
methodology adopted pursuant to Section 65584.04 or 65584.08. If the
subregional entity allocated the subregion's share, the transfer
shall be based on the methodology adopted pursuant to Section
65584.03. If the department allocated the county's share, the
transfer shall be based on the considerations specified in Section
65584.06. The transfer shall neither reduce the total regional
housing needs nor change the regional housing needs allocated to
other cities by the council of governments, subregional entity, or
the department. A copy of the transfer finalized by the council of
governments or subregional entity shall be submitted to the
department. The council of governments, the subregional entity, or
the department, as appropriate, may extend the 90-day deadline if it
determines an extension is consistent with the objectives of this
article.
(d) (1) If an annexation of unincorporated land to a city occurs
after the council of governments, subregional entity, or the
department for areas with no council of governments, has made its
final allocation under Section 65584.03, 65584.04, 65584.06, or
65584.08, a portion of the county's allocation may be transferred to
the city. The city and county may reach a mutually acceptable
agreement for transfer of a portion of the county's allocation to the
city, which shall be accepted by the council of governments,
subregional entity, or the department, whichever allocated the county'
s share. If the affected parties cannot reach a mutually acceptable
agreement, then either party may submit a written request to the
council of governments, subregional entity, or to the department for
areas with no council of governments, to consider the facts, data,
and methodology presented by both parties and determine the number of
units, by income category, that should be transferred from the
county's allocation to the city.
(2) (A) Except as provided under subparagraph (B), within 90 days
after the date of annexation, either the transfer, by income
category, agreed upon by the city and county, or a written request
for a transfer, shall be submitted to the council of governments,
subregional entity, and to the department. A mutually acceptable
transfer agreement shall be effective immediately upon receipt by the
council of governments, the subregional entity, or the department.
The council of governments, subregional entity, or the department for
areas with no council of governments, shall make the transfer
effective within 180 days after receipt of the written request. If
the council of governments allocated the county's share, the transfer
shall be based on the methodology adopted pursuant to Section
65584.04 or 65584.08. If the subregional entity allocated the
subregion's share, the transfer shall be based on the methodology
adopted pursuant to Section 65584.03. If the department allocated the
county's share, the transfer shall be based on the considerations
specified in Section 65584.06. The transfer shall neither reduce the
total regional housing needs nor change the regional housing needs
allocated to other cities by the council of governments, subregional
entity, or the department for areas with no council of governments. A
copy of the transfer finalized by the council of governments or
subregional entity shall be submitted to the department. The council
of governments, the subregional entity, or the department, as
appropriate, may extend the 90-day deadline if it determines an
extension is consistent with the objectives of this article.
(B) If the annexed land is subject to a development agreement
authorized under subdivision (b) of Section 65865 that was entered
into by a city and a landowner prior to January 1, 2008, the revised
determination shall be based upon the number of units allowed by the
development agreement.
(3) A transfer shall not be made when the council of governments
or the department, as applicable, confirms that the annexed land was
fully incorporated into the methodology used to allocate the city's
share of the regional housing needs.