BILL NUMBER: AB 162	INTRODUCED
	BILL TEXT


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  next  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  of law 
, the due dates for the determinations of the department  ,
 or for the council of governments, respectively, regarding the
regional housing need may be extended by the department by not more
than 60 days  ,  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  provision of law, 
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).