BILL ANALYSIS                                                                                                                                                                                                    



                                                                    AB 2584


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          ASSEMBLY THIRD READING


          AB  
          2584 (Daly)


          As Amended  April 25, 2016


          Majority vote


           ------------------------------------------------------------------ 
          |Committee       |Votes|Ayes                  |Noes                |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Housing         |6-1  |Chiu, Steinorth,      |Beth Gaines         |
          |                |     |Burke, Chau, Lopez,   |                    |
          |                |     |Mullin                |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Judiciary       |9-0  |Mark Stone, Wagner,   |                    |
          |                |     |Alejo, Chau, Chiu,    |                    |
          |                |     |Cristina Garcia,      |                    |
          |                |     |Holden, Maienschein,  |                    |
          |                |     |Ting                  |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
           ------------------------------------------------------------------ 


          SUMMARY:  Authorizes a "housing organization" to enforce the  
          Housing Accountability Act (HAA).  Specifically, this bill  
          defines "housing organization" to mean a trade or industry group  
          whose local members are primarily engaged in the construction or  
          management of affordable housing units or a nonprofit  








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          organization whose mission includes providing or advocating for  
          increased access to affordable housing for low-income  
          households.


          FISCAL EFFECT:  None


          COMMENTS:  


          Existing housing element law requires each local jurisdiction to  
          identify and analyze existing and projected housing needs,  
          identify adequate sites with appropriate zoning to meet the  
          housing needs of all income segments of the community, and  
          ensure that regulatory systems provide opportunities for, and do  
          not unduly constrain, housing development.  To the extent that a  
          community does not have adequate sites within its existing  
          inventory of residentially zoned land, then the community must  
          adopt a program to rezone land at appropriate densities to  
          accommodate the community's housing need for all income groups.   



          The HAA requires a city or county to make one of the following  
          findings, based on substantial evidence in the record, in order  
          to disapprove an affordable housing project:


          1)The city or county has adopted an updated housing element in  
            substantial compliance with the law, and the community has met  
            its share of the regional housing need for that income  
            category.


          2)The project would have a specific, adverse impact on the  
            public health or safety, and there is no way to mitigate or  
            avoid the impact.









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          3)The denial is required to comply with state or federal law.


          4)The project is located on agricultural or resource  
            preservation land that does not have adequate water or waste  
            water facilities.


          5)The jurisdiction has identified sufficient and adequate sites  
            to accommodate its share of the regional housing need and the  
            project is inconsistent with both the general plan land use  
            designation and the zoning ordinance.


          Under existing law, if a project was disapproved in violation of  
          the HAA, only the project developer or an eligible tenant of the  
          proposed development may bring action against the jurisdiction  
          to enforce the provisions of the HAA.  This bill would expand  
          the enforcement provision of the HAA by also allowing a "housing  
          organization" to bring a legal action when a local government  
          fails to comply with the HAA.  The bill defines housing  
          organization to mean a trade or industry group whose local  
          members are primarily engaged in the construction or management  
          of affordable housing units or a nonprofit organization whose  
          mission includes providing or advocating for increased access to  
          affordable housing for low-income households.


          Purpose of the bill:  According to the author: "For nearly 30  
          years, California's Housing Accountability Act has been a tool  
          to ensure that new housing gets constructed.  Under the HAA,  
          local governments must follow certain legal mandates before  
          denying a housing development application. AB 2584 would  
          strengthen the HAA by expanding the list of those who can help  
          enforce its provisions."











                                                                    AB 2584


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          Analysis Prepared by:                                             
          Ken Spence / H. & C.D. / (916) 319-2085  FN: 0002873