Amended in Assembly March 16, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 2500

Introduced by Assembly Member Daly

February 19, 2016

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

LEGISLATIVE COUNSEL’S DIGEST

AB 2500, as amended, Daly. Land begin delete use. end delete begin insert use: regional housing need. end insert

Existing law, the Planning and Zoning Law, requires a city or county to prepare and adopt a comprehensive, long-term general plan, and requires the general plan to include certain mandatory elements, including a housing element. That law begin delete also end delete requires the housing element, in turn, to include, among other things, an assessment of housing needs and an inventory of resources and constraints relevant to the meeting of those needs. That law further requires the Department of Housing and Community Development to begin delete review the draft of the housing element or draft amendment of the housing element prior to its adoption by the planning agency for a city or county and, in written findings, determine whether the draft substantially complies with the legal requirements for a housing element. end delete begin insert determine the existing and projected need for housing for each region, as specified, at least two years prior to the scheduled revision of a housing element required by law. end insert

This bill would begin delete declare the intent of the Legislature to enact legislation that would authorize end delete begin insert require end insert the department to begin delete rescind the adoption of a housing element. end delete begin insert determine the regional housing need at least two years and three months prior to the scheduled revision of a housing element required by law. end insert

begin insert Existing law requires the appropriate council of governments or, in the absence of this council, the department, to adopt a final regional housing need to each city, county, or city and county at least one year prior to the scheduled revision for the region. end insert

begin insert This bill would require the adoption of a final regional housing need at least one year and three months prior to the scheduled revision for the region. 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.

end insert begin insert

This bill would provide that no reimbursement is required by this act for a specified reason.

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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:

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begin insert SECTION 1. end insert   

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begin insert Section 65584 of the end insert begin insert Government Code end insert begin insert is
amended to read: end insert

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 begin insert and
three months end insert prior to the 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 begin insert and three months end insert 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 begin delete provision of end delete 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).

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begin insert SEC. 2. end insert   

end insert begin insert

No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
a local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
level of service mandated by this act, within the meaning of Section
17556 of the Government Code.

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SECTION 1.  

It is the intent of the Legislature to subsequently
amend this measure to include provisions that would authorize the
Department of Housing and Community Development to rescind
the adoption of a housing element.

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