BILL ANALYSIS Ó
AB 2685
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Date of Hearing: May 18, 2016
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez, Chair
AB
2685 (Lopez) - As Amended May 11, 2016
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|Policy |Housing and Community |Vote:|6 - 0 |
|Committee: |Development | | |
| | | | |
| | | | |
|-------------+-------------------------------+-----+-------------|
| |Local Government | |9 - 0 |
| | | | |
| | | | |
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Urgency: No State Mandated Local Program: YesReimbursable:
No
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.
COMMENTS:
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)
319-2081