BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 2584|
|Office of Senate Floor Analyses | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
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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.
AB 2584
Page 2
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.
AB 2584
Page 3
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.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:NoLocal: No
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
AB 2584
Page 4
OPPOSITION: (Verified6/30/16)
None received
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
6/30/16 15:18:03
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