BILL ANALYSIS                                                                                                                                                                                                    



                                                                    AB 2584


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          CONCURRENCE IN SENATE AMENDMENTS


          AB  
          2584 (Daly)


          As Amended  June 27, 2016


          Majority vote


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          Original Committee Reference:  H. & C.D.


          SUMMARY:  Authorizes a "housing organization," as defined, to  
          enforce specified provisions of the Housing Accountability Act  
          (HAA).


          The Senate amendments:


             1)   Add a co-author


             2)   Define "housing organization" as a trade or industry  
               group whose local members are primarily engaged in the  
               construction or management of housing units or a nonprofit  
               organization whose mission includes providing or advocating  
               for increased access to housing for low-income households  
               and have filed written or oral comments with the local  
               agency prior to action on the project. 








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             3)   Provide that a housing organization may only file an  
               action pursuant to the HAA to challenge the disapproval of  
               a housing development by a local agency.


          FISCAL EFFECT:  None


          COMMENTS:  


          The purpose of the HAA, referred to colloquially as the  
          "Anti-NIMBY law," 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.  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.


          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.










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          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 is disapproved in violation of  
          the HAA, only the project developer or an eligible tenant of the  
          proposed development may bring an action against the  
          jurisdiction to enforce the provisions of the HAA.  This bill  
          would expand the enforcement provisions of the HAA by also  
          allowing a "housing organization" to bring a legal action when a  
          local government disapproves a housing development.  


          Senate amendments define "housing organization" as a trade or  
          industry group whose local members are primarily engaged in the  
          construction or management of housing units or a nonprofit  
          organization whose mission includes providing or advocating for  
          increased access to housing for low-income households and have  
          filed written or oral comments with the local agency prior to  
          action on the project.  Senate amendments also provide that a  
          housing organization may only file an action pursuant to the HAA  
          to challenge the disapproval of a housing development by a local  
          agency.


          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."


          Analysis Prepared by:                                             
                          Rebecca Rabovsky / H. & C.D. / (916) 319-2085     
                                                                  FN:  
          0003666










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