BILL NUMBER: AB 1367	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 11, 2005

INTRODUCED BY   Assembly Member Evans

                        FEBRUARY 22, 2005

   An act  to amend Section 65584 of the Government Code, 
relating to local planning.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1367, as amended, Evans.  General plans: regional housing
 needs   need  .
   The Planning and Zoning Law requires each city, county, or city
and county to prepare and adopt a general plan for its jurisdiction
that contains certain mandatory elements, including a housing
element. One part of the housing element is an assessment of housing
needs and an inventory of resources and constraints relevant to
meeting those needs. The assessment includes the locality's share of
regional housing needs. That share is determined by the appropriate
council of governments or by the Department of Housing and Community
Development, subject to revision by the department.   
   This bill would declare the Legislature's intent to enact
legislation that would direct state and regional agencies to take
into account locally passed land use initiatives when calculating the
fair share of regional housing for cities and counties. 

   This bill would, notwithstanding these provisions, prohibit a
state, local, or regional agency, or any other governmental entity
from enacting regulations applicable to a city or county's fair share
of the regional housing need that are contrary to the land use
determinations made in compliance with locally adopted land use
initiatives. 
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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


  SECTION 1.   Section 65584 of the   Government Code
  is amended to read: 
   65584.  (a) (1) For the fourth and subsequent revisions of the
housing element pursuant to Section 65588, the department shall
determine the existing and projected need for housing for each region
pursuant to this article.  For purposes of subdivision (a) of
Section 65583, the share of a city or county of the regional housing
need shall include that share of the housing need of persons at all
income levels within the area significantly affected by the general
plan of the city or county.
   (2) While it is the intent of the Legislature that cities,
counties, and cities and counties should undertake all necessary
actions to encourage, promote, and facilitate the development of
housing to accommodate the entire regional housing need, it is
recognized, however, that future housing production may not equal the
regional housing need established for planning purposes.
   (b) The department, in consultation with each council of
governments, shall determine each region's existing and projected
housing need pursuant to Section 65584.01 at least two years prior to
the scheduled revision required pursuant to Section 65588. The
appropriate council of governments, or for cities and counties
without a council of governments, the department, shall adopt a final
regional housing need plan that allocates a share of the regional
housing need to each city, county, or city and county at least one
year prior to the scheduled revision for the region required by
Section 65588. The allocation plan prepared by a council of
governments shall be prepared pursuant to Sections 65584.04 and
65584.05 with the advice of the department.
   (c) Notwithstanding any other provision of law, the due dates for
the determinations of the department or for the councils of
governments, respectively, regarding the regional housing need may be
extended by the department by not more than 60 days if the extension
will enable access to more recent critical population or housing
data from a pending or recent release of the United States Census
Bureau or the Department of Finance. If the due date for the
determination of the department or the council of governments is
extended for this reason, the department shall extend the
corresponding housing element revision deadline pursuant to Section
65588 by not more than 60 days.
   (d) The regional housing needs allocation plan shall be consistent
with all of the following objectives:
   (1) Increasing the housing supply and the mix of housing types,
tenure, and affordability in all cities and counties within the
region in an equitable manner, which shall result in each
jurisdiction receiving an allocation of units for low and very low
income households.
   (2) Promoting infill development and socioeconomic equity, the
protection of environmental and agricultural resources, and the
encouragement of efficient development patterns.
   (3) Promoting an improved intraregional relationship between jobs
and housing.
   (4) Allocating a lower proportion of housing need to an income
category when a jurisdiction already has a disproportionately high
share of households in that income category, as compared to the
countywide distribution of households in that category from the most
recent decennial United States census.
   (e) For purposes of this section, "household income levels" are as
determined by the department as of the most recent decennial census
pursuant to the following code sections:
   (1) Very low incomes as defined by Section 50105 of the Health and
Safety Code.
   (2) Lower incomes, as defined by Section 50079.5 of the Health and
Safety Code.
   (3) Moderate incomes, as defined by Section 50093 of the Health
and Safety Code.
   (4) Above moderate incomes are those exceeding the moderate income
level of Section 50093 of the Health and Safety Code.
   (f) Notwithstanding any other provision of law, determinations
made by the department, a council of governments, or a city or county
pursuant to this section or Section 65584.01, 65584.02, 65584.03,
65584.04, 65584.05, 65584.06, or 65584.07 are exempt from the
California Environmental Quality Act (Division 13 (commencing with
Section 21000) of the Public Resources Code).  
   (g) Notwithstanding any other provision of law, a state, local, or
regional agency, or any other governmental entity may not enact any
regulations applicable to a city or county's fair share of the
regional housing need that are contrary to the land use
determinations made in compliance with locally adopted land use
initiatives.   
  SECTION 1.  It is the intent of the Legislature to enact
legislation that would direct state and regional agencies to take
into account locally passed land use initiatives when calculating the
fair share of regional housing for cities and counties.