BILL NUMBER: SB 1087 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JULY 12, 2005
AMENDED IN ASSEMBLY JULY 1, 2005
AMENDED IN ASSEMBLY JUNE 23, 2005
AMENDED IN SENATE MAY 31, 2005
AMENDED IN SENATE MAY 11, 2005
AMENDED IN SENATE APRIL 26, 2005
INTRODUCED BY Senator Florez
FEBRUARY 22, 2005
An act to amend Section 65589.7 of the Government Code, relating
to housing.
LEGISLATIVE COUNSEL'S DIGEST
SB 1087, as amended, Florez Housing elements: services.
(1) 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. That law also requires that the housing
element adopted by the legislative body of the city, county, or city
and county and any amendments made to that element be delivered to
all public agencies or private entities that provide water services
at retail or sewer services within the territory of the legislative
body.
The Planning and Zoning Law also requires each public agency or
private entity providing these services to grant a priority for the
provision of available and future resources or services to proposed
housing developments that help meet the legislative body's share of
the regional housing need for lower income households as identified
in the housing element and any amendments to the housing element.
This bill would require that the adopted housing element and any
amendments be delivered immediately to all public agencies or private
entities that provide water services or connections at retail or
sewer services or connections, as specified, would apply these
provisions to proposed developments that include housing units
affordable to lower income households, and would require, on or
before July 1, 2006, that these public agencies or private entities
adopt a written policy with specific objective standards for the
allocation of these services in conformance with these provisions if
these public agencies or private entities operate under a policy or
legislative action that limits the amount of services or connections
available in any given period. By increasing the duties of local
public officials, the bill would impose a state-mandated local
program.
This bill would also provide that a provider of water or sewer
services or connections may not deny or condition the approval of an
application for services or connections, or reduce the amount of the
services or connections applied for, if the proposed development
includes housing affordable to lower income households.
The bill would make these provisions applicable to charter cities.
(2) 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 with regard to certain mandates no
reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 65589.7 of the Government Code is amended to
read:
65589.7. (a) The housing element adopted by the legislative body
and any amendments made to that element shall be immediately
delivered to all public agencies or private entities that provide
water services or connections at retail or sewer services or
connections for residential or municipal and industrial uses within
the territory of the legislative body. When allocating or making
plans for the allocation of services or connections designated for
residential use, each public agency or private entity providing water
services or connections at retail or sewer services or connections,
shall grant a priority for the provision of these services or
connections to proposed developments that include housing units
affordable to lower income households.
(b) (1) (A) On or before July 1, 2006, the public agency or
private entity providing services or connections as provided in
subdivision (a) that is operating under a policy or legislative
action that in any way limits the amount of services or connections
available in any given time period shall adopt a written policy with
specific objective standards for allocation of services in
conformance with this section.
(B) If a public agency or private entity begins to operate under a
policy or legislative action that is adopted after July 1, 2006, and
that limits the amount of services or connections available in any
given time period and if that public agency or private entity has not
adopted a written policy as required by paragraph (1), that public
agency or private entity shall, within six months of the effective
date of that policy or legislative action, adopt a written policy
with specific objective standards for the allocation of services or
connection in conformance with this section.
(2) (A) A public agency or private entity shall update the written
policy adopted pursuant to this subdivision every five years from
the date of its adoption.
(B) If a public agency or private entity receives a housing
element or amendments to a housing element from a jurisdiction within
which the public agency or private entity provides services before
the five year update is due, it shall update its written policy
within six months of the receipt of that housing element or those
amendments.
(3) The policy shall address, but not be limited to, each of the
following issues:
(A) How the need for services and connections for
housing for all income groups will be met.
(B) How water or sewer services or connections will be increased
if necessary to meet the need for housing units affordable to lower
income households.
(C) The methodology used to determine or establish the restricted
services or connections.
(D) The procedures by which the applicant for a development
containing units affordable to lower income households may obtain
services or connections.
(c) The provider of water or sewer services or connections as
provided in subdivision (a) shall not deny or condition the approval
of an application for services or connections, or reduce the amount
of services or connections applied for, if the denial, condition, or
reduction is based in whole or in part on the inclusion of housing
units affordable to lower income households.
(d) The following definitions apply for purposes of this section:
(1) "Proposed developments that include housing units affordable
to lower income households" means that at least 25 percent
of the total dwelling units shall be sold or rented to
lower income households, as defined in Section 50079.5 of the Health
and Safety Code, at an affordable housing cost, as defined in Section
50052.5 of the Health and Safety Code, or an affordable rent, as
defined in Section 50053 of the Health and Safety Code.
(2) "Water services or connections at retail" means supplying
water directly to the end user or consumer of that water, and does
not include sale by a water supplier to another water supplier for
resale.
(e) This section is intended to neither enlarge nor diminish the
existing authority of a city, county or city and county in adopting a
housing element. Failure to deliver a housing element adopted by the
legislative body or amendments made to that element, to a public
agency or private entity providing water services or connections at
retail or sewer services or connections shall neither invalidate any
action or approval of a development project nor exempt a public
agency, private entity, or special district from the obligations
under this section. The special districts which provide water
services or connections at retail or sewer services or connections
related to development, as defined in subdivision (e) of Section
56426, are included within this section.
(f) The Legislature finds and declares that this section shall be
applicable to all cities and counties, including charter cities,
because the Legislature finds that the lack of affordable housing is
a matter of vital statewide importance.
SEC. 2. The Legislature finds and declares that Sections 65104 and
66014 of the Government Code provide local agencies with authority
to levy fees sufficient to pay for the program or level of service
mandated by this act.
SEC. 3. 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.
However, if the Commission on State Mandates determines that this
act contains other costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division 4 of
Title 2 of the Government Code.