BILL ANALYSIS                                                                                                                                                                                                    

                                                                    AB 2685

                                                                    Page  1

          Date of Hearing:  May 18, 2016


                               Lorena Gonzalez, Chair

          2685 (Lopez) - As Amended May 11, 2016

          |Policy       |Housing and Community          |Vote:|6 - 0        |
          |Committee:   |Development                    |     |             |
          |             |                               |     |             |
          |             |                               |     |             |
          |             |Local Government               |     |9 - 0        |
          |             |                               |     |             |
          |             |                               |     |             |

          Urgency:  No  State Mandated Local Program:  YesReimbursable:   

          SUMMARY:  This bill requires a local planning agency staff to  
          collect and compile public comments and provide them to each  
          member of the legislative body prior to the adoption of the  
          housing element.

          FISCAL EFFECT:

          No state cost. Local agencies have the authority to levy fees to  


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          cover any costs associated with this bill.  Therefore, costs are  
          not reimbursable.


          1)Purpose:  According to the author, "The community feels very  
            strongly about the need to be engaged in the public  
            participation process at every opportunity and would like more  
            opportunities to voice their  
            views/comments/suggestions/opposition.  Advocates feel that  
            when they do make comments about housing issues, the City does  
            not fully take those comments into account.  In the case of  
            the housing element update, it is too late to provide comment  
            because the City is taking a vote on the approved housing  
            elements and is not likely to want to amend the approved  
            housing element. This bill would codify that the community has  
            one more time to comment, that the City has to review public  
            comment before taking a vote to adopt the plan."
          2)Background. During the development of the housing element,  
            local governments are required to make a "diligent" effort to  
            achieve public participation.  Regarding public participation,  
            HCD has previously stated: "Most jurisdictions use a variety  
            of approaches such as workshops, surveys, and targeted  
            outreach with community representatives to garner public  
            participation. However, there are not consistent standards on  
            what constitutes "diligent" resulting in a variety of  
            strategies and efforts that may or may not achieve successful  
            public participation. As a result, housing elements may not  
            accurately reflect the housing needs of the community." 

            Before a local government can adopt or amend its housing  
            element, it must submit a draft to HCD for review.  This is  
            another opportunity for public participation, as HCD must  
            consider any written comments it receives from a public  
            agency, group, or person during the review process.  The  
            findings of HCD's review have to be considered by the local  


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            government prior to its adoption of the housing element or  
            amendment to the housing element.


          Analysis Prepared by:Jennifer Swenson / APPR. / (916)