BILL ANALYSIS                                                                                                                                                                                                    Ó






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          |SENATE RULES COMMITTEE            |                       AB 2584|
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                                   THIRD READING 


          Bill No:  AB 2584
          Author:   Daly (D), et al.
          Amended:  6/27/16 in Senate
          Vote:     21 

           SENATE TRANS. & HOUSING COMMITTEE:  10-1, 6/21/16
           AYES:  Beall, Cannella, Allen, Gaines, Galgiani, Leyva,  
            McGuire, Mendoza, Roth, Wieckowski
           NOES:  Bates

           ASSEMBLY FLOOR:  64-9, 5/9/16 - See last page for vote

           SUBJECT:   Land use:  housing development


          SOURCE:    California Apartment Association


          DIGEST:  This bill authorizes a "housing organization," as  
          defined, to enforce the Housing Accountability Act.

          ANALYSIS:  

          Existing law, under the Housing Accountability Act (HAA):
          
          1)Requires cities and counties, under existing planning and  
            zoning law, to prepare and adopt a general plan, including a  
            housing element, to guide the future growth of a community.   
            The housing element shall consist of an identification and  
            analysis of existing and projected housing needs and a  
            statement of goals, policies objectives, financial resources  
            and scheduled programs for the preservation, improvement, and  
            development of housing. 








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          2)Requires the local jurisdiction, to the extent that it does  
            not have adequate sites within its existing inventory of  
            residentially zoned land, to adopt a program to rezone land at  
            appropriate densities to accommodate the community's housing  
            need for all income groups.

          3)Requires a city or county, in order to disapprove an  
            affordable housing project, to make one of the following  
            findings, based upon substantial evidence in the record:

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

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

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

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

             e)   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.

          This bill authorizes a "housing organization" to enforce the  
          HAA.  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 organization whose mission includes providing or  
          advocating for increased access to affordable housing for  
          low-income households and have filed written or oral comments  
          with the local agency prior to action on the project.  A housing  
          organization may only file an action pursuant to this section to  
          challenge the disapproval of a housing development by a local  
          agency. 








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          Comments

          1)Purpose. According to the author, developers may be reluctant  
            to challenge local noncompliance of the HAA because they often  
            build multiple projects within the same city or county over a  
            number of years.  For this reason, developers may find it is  
            in their long-term best interest to maintain a good  
            relationship with the city or county by not challenging it on  
            any particular project.  As a project's developer may be  
            reluctant to assert its eligibility for approval, it could be  
            beneficial to ensure that other interested parties - such as  
            potential residents of the development, affected residents of  
            the locality or region, or organizations that advocate for  
            more home building - are able to bring these challenges. This  
            bill authorizes a housing organization to bring an action to  
            enforce the HAA. 

          2)HAA.  The purpose of the HAA is to limit the ability of local  
            agencies to reject or make infeasible housing developments  
            without a thorough analysis of the economic, social, and  
            environmental effects of the action.  Under current 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 suit against the jurisdiction to enforce  
            the provisions of the HAA.  This bill expands the enforcement  
            of the provisions of the HAA to also allow housing  
            organizations to bring a legal action when a local government  
            fails to comply with the HAA.  

          3)  Opposition.  When this bill was heard in the Senate  
            Transportation and Housing Committee on June 21, the League of  
            California Cities was opposed.  The author accepted amendments  
            in that committee that were proposed by the League of  
            California Cities that with the understanding that those  
            amendments would remove their opposition.  At the time this  
            analysis was written, the League of California Cities had not  
            formally removed their opposition.  Given the amendments were  
            in print on June 27th, it is anticipated that they will remove  
            their opposition.   


          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:NoLocal:    No








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          SUPPORT:   (Verified6/27/16)


          California Apartment Association (source)
          AARP
          Apartment Association of Greater Los Angeles
          California Rural Legal Assistance Foundation
          Santa Barbara Rental Property Association
          Western Center on Law and Poverty


          OPPOSITION:   (Verified6/27/16)


          League of California Cities 


          ASSEMBLY FLOOR:  64-9, 5/9/16
          AYES:  Achadjian, Alejo, Arambula, Atkins, Baker, Bloom,  
            Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang,  
            Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle,  
            Daly, Dodd, Eggman, Frazier, Cristina Garcia, Gatto, Gipson,  
            Gomez, Gonzalez, Gordon, Gray, Roger Hernández, Holden, Irwin,  
            Jones-Sawyer, Kim, Lackey, Linder, Lopez, Low, Maienschein,  
            Mayes, McCarty, Medina, Mullin, Nazarian, O'Donnell,  
            Patterson, Quirk, Rodriguez, Salas, Santiago, Steinorth, Mark  
            Stone, Thurmond, Ting, Wagner, Weber, Wilk, Williams, Wood,  
            Rendon
          NOES:  Travis Allen, Grove, Hadley, Harper, Levine, Mathis,  
            Obernolte, Olsen, Waldron
          NO VOTE RECORDED:  Bigelow, Beth Gaines, Gallagher, Eduardo  
            Garcia, Jones, Melendez, Ridley-Thomas

          Prepared by:Alison Dinmore / T. & H. / (916) 651-4121
          6/29/16 15:45:41


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