Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 1316

Introduced by Assembly Member Lopez

February 27, 2015

An act to amend Section 65585 of the Government Code, relating to housing.

LEGISLATIVE COUNSEL’S DIGEST

AB 1316, as amended, Lopez. Housing elements.

The Planning and Zoning Law requires a city or county to adopt a comprehensive, long-term general plan for the physical development of the city or county and of any land outside its boundaries that bears relation to its planning. That law also requires the general plan to contain specified mandatory elements, including a housing element for the preservation, improvement, and development of housing. Existing law prescribes requirements for the preparation of the housing begin delete element. end delete begin insert element, including a requirement that a planning agency submit a draft of the element or draft amendment to the element to the Department of Housing and Community Development prior to the adoption of the element or amendment to the element. end insert

This bill would begin delete make nonsubstantive changes to the provisions regarding the preparation of the housing element. end delete begin insert require the planning agency to make the draft element or draft amendment to the element available to the public at least 30 days prior to the submission to the department. By increasing the duties of local officials, this bill would impose a state-mandated local program. end insert

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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.

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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.

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Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program:  begin delete no end delete begin insert yes end insert .

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

SECTION 1.  

Section 65585 of the Government Code is
amended to read:

65585.  

(a) In the preparation of its housing element, each city
and county shall consider the guidelines adopted by the department
pursuant to Section 50459 of the Health and Safety Code. Those
guidelines shall be advisory to each city or county in the
preparation of its housing element.

(b) At least 90 days prior to adoption of its housing element, or
at least 60 days prior to the adoption of an amendment to this
element, the planning agency shall submit a draft element or draft
amendment to the department. begin insert At least 30 days prior to the
submission of the draft element or draft amendment to the
department, the planning agency shall make the draft element or
draft amendment available to the public. end insert The department shall
review the draft and report its written findings to the planning
agency within 90 days of its receipt of the draft in the case of an
adoption or within 60 days of its receipt in the case of a draft
amendment.

(c) In the preparation of its findings, the department may consult
with any public agency, group, or person. The department shall
receive and consider any written comments from any public
agency, group, or person regarding the draft or adopted element
or amendment under review.

(d) In its written findings, the department shall determine
whether the draft element or draft amendment substantially
complies with this article.

(e) Prior to the adoption of its draft element or draft amendment,
the legislative body shall consider the findings made by the
department. If the department’s findings are not available within
the time limits set by this section, the legislative body may act
without them.

(f) If the department finds that the draft element or draft
amendment does not substantially comply with this article, the
legislative body shall take one of the following actions:

(1) Change the draft element or draft amendment to substantially
comply with the requirements of this article.

(2) Adopt the draft element or draft amendment without changes.
The legislative body shall include in its resolution of adoption
written findings which explain the reasons the legislative body
believes that the draft element or draft amendment substantially
complies with the requirements of this article despite the findings
of the department.

(g) Promptly following the adoption of its element or
amendment, the planning agency shall submit a copy to the
department.

(h) The department shall, within 90 days, review adopted
housing elements or amendments and report its findings to the
planning agency.

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begin insert SEC. 2. end insert   

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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.

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