California Legislature—2013–14 Regular Session

Assembly Bill No. 162

Introduced by Assembly Member Holden

January 23, 2013

An act to amend Section 65584 of the Government Code, relating to land use.

LEGISLATIVE COUNSEL’S DIGEST

AB 162, as introduced, Holden. Land use: housing element.

The Planning and Zoning Law requires a city or county to adopt a comprehensive, long-term general plan that includes various mandatory elements, including a housing element. That law requires the housing element to contain, among other things, an assessment of housing needs and an inventory of resources and constraints relevant to meeting those needs. That law further requires the Department of Housing and Community Development to determine the existing and projected need for housing for each region, as specified.

This bill would make technical, nonsubstantive changes to that law.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 65584 of the Government Code is
amended to read:

65584.  

(a) (1) For the fourth and subsequent revisions of the
housing element pursuant to Section 65588, the department shall
determine the existing and projected need for housing for each
region pursuant to this article. For purposes of subdivision (a) of
Section 65583, the share of a city or county of the regional housing
need shall include that share of the housing need of persons at all
income levels within the area significantly affected by the general
plan of the city or county.

(2) While it is the intent of the Legislature that cities, counties,
and cities and counties should undertake all necessary actions to
encourage, promote, and facilitate the development of housing to
accommodate the entire regional housing need, it is recognized,
however, that future housing production may not equal the regional
housing need established for planning purposes.

(b) The department, in consultation with each council of
governments, shall determine each region’s existing and projected
housing need pursuant to Section 65584.01 at least two years prior
to the begin insert next end insert scheduled revision required pursuant to Section 65588.
The appropriate council of governments, or for cities and counties
without a council of governments, the department, shall adopt a
final regional housing need plan that allocates a share of the
regional housing need to each city, county, or city and county at
least one year prior to the scheduled revision for the region required
by Section 65588. The allocation plan prepared by a council of
governments shall be prepared pursuant to Sections 65584.04 and
65584.05 with the advice of the department.

(c) Notwithstanding any other provision begin delete of law end delete , the due dates
for the determinations of the department begin insert , end insert or for the council of
governments, respectively, regarding the regional housing need
may be extended by the department by not more than 60 days begin insert , end insert if
the extension will enable access to more recent critical population
or housing data from a pending or recent release of the United
States Census Bureau or the Department of Finance. If the due
date for the determination of the department or the council of
governments is extended for this reason, the department shall
extend the corresponding housing element revision deadline
pursuant to Section 65588 by not more than 60 days.

(d) The regional housing needs allocation plan shall be
consistent with all of the following objectives:

(1) Increasing the housing supply and the mix of housing types,
tenure, and affordability in all cities and counties within the region
in an equitable manner, which shall result in each jurisdiction
receiving an allocation of units for low- and very low income
households.

(2) Promoting infill development and socioeconomic equity,
the protection of environmental and agricultural resources, and
the encouragement of efficient development patterns.

(3) Promoting an improved intraregional relationship between
jobs and housing.

(4) Allocating a lower proportion of housing need to an income
category when a jurisdiction already has a disproportionately high
share of households in that income category, as compared to the
countywide distribution of households in that category from the
most recent decennial United States census.

(e) For purposes of this section, “household income levels” are
as determined by the department as of the most recent decennial
census pursuant to the following code sections:

(1) Very low incomes as defined by Section 50105 of the Health
and Safety Code.

(2) Lower incomes, as defined by Section 50079.5 of the Health
and Safety Code.

(3) Moderate incomes, as defined by Section 50093 of the Health
and Safety Code.

(4) Above moderate incomes are those exceeding the
moderate-income level of Section 50093 of the Health and Safety
Code.

(f) Notwithstanding any other begin delete provision of law, end delete determinations
made by the department, a council of governments, or a city or
county pursuant to this section or Section 65584.01, 65584.02,
65584.03, 65584.04, 65584.05, 65584.06, 65584.07, or 65584.08
are exempt from the California Environmental Quality Act
(Division 13 (commencing with Section 21000) of the Public
Resources Code).