BILL NUMBER: AB 2685	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 18, 2016

INTRODUCED BY   Assembly Member Lopez

                        FEBRUARY 19, 2016

   An act  to amend Section 65585 of the Government Code, 
relating to housing.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2685, as amended, Lopez. Housing  standards. 
 elements: adoption.  
   The Planning and Zoning Law requires a city or county to adopt a
comprehensive, long-term general plan for the physical development of
the city or county and of any land outside its boundaries that bears
relation to its planning. That law also requires the general plan to
contain specified mandatory elements, including a housing element
for the preservation, improvement, and development of housing.
Existing law prescribes requirements for the preparation of the
housing element, including a requirement that a planning agency
submit a draft of the element or draft amendment to the element to
the Department of Housing and Community Development prior to the
adoption of the element or amendment to the element.  
   This bill would require the planning agency to make the draft
element available to the public at least 30 days prior to the
submission to the department. The bill would also require the
planning agency to circulate public comments prior to the adoption of
the housing element. By increasing the duties of local officials,
this bill would impose a state-mandated local program.  
   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.  
   This bill would provide that no reimbursement is required by this
act for a specified reason.  
   The State Housing Law prescribes requirements for buildings used
for human habitation.  
   This bill would state the intent of the Legislature to enact
legislation relating to the regulation of buildings used for human
habitation. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program:  no
  yes  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 65585 of the  
Government Code   is amended to read: 
   65585.  (a) In the preparation of its housing element, each city
and county shall consider the guidelines adopted by the department
pursuant to Section 50459 of the Health and Safety Code. Those
guidelines shall be advisory to each city or county in the
preparation of its housing element.
   (b)  (1)   At least 90 days prior to adoption of
its housing element, or at least 60 days prior to the adoption of an
amendment to this element, the planning agency shall submit a draft
element or draft amendment to the department.  The 

   (2) At least 30 days prior to the submission of the draft element
to the department, the planning agency shall make the draft element
available to the public. The planning agency shall circulate public
comments received to the legislative body before it adopts the
housing element. 
    (   3)     The  department
shall review the draft and report its written findings to the
planning agency within 90 days of its receipt of the draft in the
case of an adoption or within 60 days of its receipt in the case of a
draft amendment.
   (c) In the preparation of its findings, the department may consult
with any public agency, group, or person. The department shall
receive and consider any written comments from any public agency,
group, or person regarding the draft or adopted element or amendment
under review.
   (d) In its written findings, the department shall determine
whether the draft element or draft amendment substantially complies
with  the requirements of  this article.
   (e) Prior to the adoption of its draft element or draft amendment,
the legislative body shall consider the findings made by the
department. If the department's findings are not available within the
time limits set by this section, the legislative body may act
without them.
   (f) If the department finds that the draft element or draft
amendment does not substantially comply with  the
requirements of  this article, the legislative body shall
take one of the following actions:
   (1) Change the draft element or draft amendment to substantially
comply with  the requirements of  this article.
   (2) Adopt the draft element or draft amendment without changes.
The legislative body shall include in its resolution of adoption
written findings which explain the reasons the legislative body
believes that the draft element or draft amendment substantially
complies with  the requirements of  this article
despite the findings of the department.
   (g) Promptly following the adoption of its element or amendment,
the planning agency shall submit a copy to the department.
   (h) The department shall, within 90 days, review adopted housing
elements or amendments and report its findings to the planning
agency.
   SEC. 2.    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.  
  SECTION 1.    It is the intent of the Legislature
to enact legislation relating to the regulation of buildings used for
human habitation.