BILL NUMBER: AB 720 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 30, 2009
AMENDED IN ASSEMBLY MAY 14, 2009
AMENDED IN ASSEMBLY APRIL 20, 2009
INTRODUCED BY Assembly Member Caballero
FEBRUARY 26, 2009
An act to amend Section Sections 65400,
65582, and 65583.1 of the Government Code, relating to land
use.
LEGISLATIVE COUNSEL'S DIGEST
AB 720, as amended, Caballero. Land use: housing element.
The Planning and Zoning Law requires each city, county, and city
and county to prepare and adopt a general plan that contains certain
mandatory elements, including a housing element that analyzes
existing and projected housing needs and includes a statement of
goals, quantified objectives, policies, financial resources, and
scheduled programs for the maintenance, preservation, improvement,
and development of housing. The housing element is required to
identify the existing and projected housing needs of all economic
segments of the community. The Department of Housing and Community
Development is authorized to allow a city, county, or city and county
to substitute the provision of units for up to 25% of the community'
s obligation to identify adequate sites for any income category in
its housing element, as specified, when the community includes in its
housing element a program committing the local government to provide
units in that income category within the city, county, or city and
county that will be made available through the provision of committed
assistance during the planning period covered by the housing element
to low- and very low income households at affordable housing costs
or affordable rents, as defined. Units that are to be substantially
rehabilitated with committed assistance from the city, county, or
city and county and constitute a net increase in the community's
housing stock may be included in this housing element program, if the
units meet certain criteria. Existing law defines various terms for
use of these provisions.
This bill would authorize a city, county, or city and county to
include weatherization and energy efficiency improvements as part of
its efforts to substantially rehabilitate a unit, and modify the
definition of "committed assistance" for purposes of specified
provisions. The bill would also define
"planning period" and "projection period" for purposes of specified
provisions, if SB 575 is not enacted
.
Existing law states that if a local government opts to provide
committed assistance, as defined, it must make a written report to
the legislative body and the department on July 1 of the 3rd year of
the housing element planning period. This report must identify the
specific units to which committed assistance has been provided. If,
by the 3rd year of the planning period, the local government has not
provided committed assistance to all units identified in its housing
element program, it must adopt an amended housing element by July 1
of the 4th year of the planning period.
This bill would extend the date by which a local government
providing committed assistance must report to the legislative body
and the department to July 1 of the 6th year of the planning period.
Likewise, if a local government fails to provide committed assistance
for all units identified in its housing element program by the 6th
year of the planning period, it has until July 1 of the 7th year to
adopt an amended housing element.
The Planning and Zoning Law requires a planning agency, after a
legislative body has adopted all or part of a general plan, to
provide an annual report to the legislative body, the Office of
Planning and Research, and the Department of Housing and Community
Development on the status of the general plan and progress in meeting
the community's share of regional housing needs.
This bill would authorize the planning agency to include in its
annual report the number of units that have been substantially
rehabilitated, converted from nonaffordable to affordable by
acquisition, and preserved, as defined.
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 65400 of the
Government Code is amended to read:
65400. (a) After the legislative body has adopted all or part of
a general plan, the planning agency shall do both of the following:
(1) Investigate and make recommendations to the legislative body
regarding reasonable and practical means for implementing the general
plan or element of the general plan, so that it will serve as an
effective guide for orderly growth and development, preservation and
conservation of open-space land and natural resources, and the
efficient expenditure of public funds relating to the subjects
addressed in the general plan.
(2) Provide by April 1 of each year an annual report to the
legislative body, the Office of Planning and Research, and the
Department of Housing and Community Development that includes all of
the following:
(A) The status of the plan and progress in its implementation.
(B) The progress in meeting its share of regional housing needs
determined pursuant to Section 65584 and local efforts to remove
governmental constraints to the maintenance, improvement, and
development of housing pursuant to paragraph (3) of subdivision (c)
of Section 65583.
The housing element portion of the annual report, as required by
this paragraph, shall be prepared through the use of forms and
definitions adopted by the Department of Housing and Community
Development pursuant to the rulemaking provisions of the
Administrative Procedure Act (Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2). Prior to and after
adoption of the forms, the housing element portion of the annual
report shall include a section that describes the actions taken by
the local government towards completion of the programs and status of
the local government's compliance with the deadlines in its housing
element. That report shall be considered at an annual public meeting
before the legislative body where members of the public shall be
allowed to provide oral testimony and written comments.
The report may include the number of units that have been
substantially rehabilitated, converted from nonaffordable to
affordable by acquisition, and preserved consistent with the
standards set forth in paragraph (2) of subdivision (c) of Section
65583.1. The report shall document how the units meet the standards
set forth in that subdivision.
(C) The degree to which its approved general plan complies with
the guidelines developed and adopted pursuant to Section 65040.2 and
the date of the last revision to the general plan.
(b) If a court finds, upon a motion to that effect, that a city,
county, or city and county failed to submit, within 60 days of the
deadline established in this section, the housing element portion of
the report required pursuant to subparagraph (B) of paragraph (2) of
subdivision (a) that substantially complies with the requirements of
this section, the court shall issue an order or judgment compelling
compliance with this section within 60 days. If the city, county, or
city and county fails to comply with the court's order within 60
days, the plaintiff or petitioner may move for sanctions, and the
court may, upon that motion, grant appropriate sanctions. The court
shall retain jurisdiction to ensure that its order or judgment is
carried out. If the court determines that its order or judgment is
not carried out within 60 days, the court may issue further orders as
provided by law to ensure that the purposes and policies of this
section are fulfilled. This subdivision applies to proceedings
initiated on or after the first day of October following the adoption
of forms and definitions by the Department of Housing and Community
Development pursuant to paragraph (2) of subdivision (a), but no
sooner than six months following that adoption.
SEC. 2. Section 65582 of the Government
Code is amended to read:
65582. As used in this article, the following definitions apply:
(a) "Community," "locality," "local government," or "jurisdiction"
means a city, city and county, or county.
(b) "Council of governments" means a single or multicounty council
created by a joint powers agreement pursuant to Chapter 5
(commencing with Section 6500) of Division 1 of Title 1.
(c) "Department" means the Department of Housing and Community
Development.
(d) "Emergency shelter" has the same meaning as defined in
subdivision (e) of Section 50801 of the Health and Safety Code.
(e) "Housing element" or "element" means the housing element of
the community's general plan, as required pursuant to this article
and subdivision (c) of Section 65302.
(f) "Supportive housing" has the same meaning as defined in
subdivision (b) of Section 50675.14 of the Health and Safety Code.
(g) "Transitional housing" has the same meaning as defined in
subdivision (h) of Section 50675.2 of the Health and Safety Code.
(h) "Planning period" means the time period between the due date
for one housing element and the due date for the next housing
element.
(i) "Projection period" means the time period for which the
regional housing need is calculated.
SEC. 3. Section 65583.1 of the
Government Code is amended to read:
65583.1. (a) For purposes of this section, a city, county,
or city and county may include weatherization and energy efficiency
improvements as part of its efforts to substantially rehabilitate a
unit. This may include energy efficiency measures that encompass the
building envelope, its heating and cooling systems, and its
electrical system.
(a)
(b) The Department of Housing and Community
Development, in evaluating a proposed or adopted housing element for
substantial compliance with this article, may allow a city or county
to identify adequate sites, as required pursuant to Section 65583, by
a variety of methods, including, but not limited to, redesignation
of property to a more intense land use category and increasing the
density allowed within one or more categories. The department may
also allow a city or county to identify sites for second units based
on the number of second units developed in the prior housing element
planning period whether or not the units are permitted by right, the
need for these units in the community, the resources or incentives
available for their development, and any other relevant factors, as
determined by the department. Nothing in this section reduces the
responsibility of a city or county to identify, by income category,
the total number of sites for residential development as required by
this article.
(b)
(c) Sites that contain permanent housing units located
on a military base undergoing closure or conversion as a result of
action pursuant to the Defense Authorization Amendments and Base
Closure and Realignment Act (Public Law 100-526), the Defense Base
Closure and Realignment Act of 1990 (Public Law 101-510), or any
subsequent act requiring the closure or conversion of a military base
may be identified as an adequate site if the housing element
demonstrates that the housing units will be available for occupancy
by households within the planning period of the element. No sites
containing housing units scheduled or planned for demolition or
conversion to nonresidential uses shall qualify as an adequate site.
Any city, city and county, or county using this subdivision shall
address the progress in meeting this section in the reports provided
pursuant to paragraph (1) of subdivision (b) of Section 65400.
(c)
(d) (1) The Department of Housing and Community
Development may allow a city or county to substitute the provision of
units for up to 25 percent of the community's obligation to identify
adequate sites for any income category in its housing element
pursuant to paragraph (1) of subdivision (c) of Section 65583 where
the community includes in its housing element a program committing
the local government to provide units in that income category within
the city or county that will be made available through the provision
of committed assistance during the planning period covered by the
element to low- and very low income households at affordable housing
costs or affordable rents, as defined in Sections 50052.5 and 50053
of the Health and Safety Code, and which meet the requirements of
paragraph (2). Except as otherwise provided in this subdivision, the
community may substitute one dwelling unit for one dwelling unit site
in the applicable income category. The program shall do all of the
following:
(A) Identify the specific, existing sources of committed
assistance and dedicate a specific portion of the funds from those
sources to the provision of housing pursuant to this subdivision.
(B) Indicate the number of units that will be provided to both
low- and very low income households and demonstrate that the amount
of dedicated funds is sufficient to develop the units at affordable
housing costs or affordable rents.
(C) Demonstrate that the units meet the requirements of paragraph
(2).
(2) Only units that comply with subparagraph (A), (B), or (C)
qualify for inclusion in the housing element program described in
paragraph (1), as follows:
(A) Units that are to be substantially rehabilitated with
committed assistance from the city or county and constitute a net
increase in the community's stock of housing affordable to low- and
very low income households. For purposes of this subparagraph, a unit
is not eligible to be "substantially rehabilitated" unless all of
the following requirements are met:
(i) At the time the unit is identified for substantial
rehabilitation, (I) the local government has determined that the unit
is at imminent risk of loss to the housing stock, (II) the local
government has committed to provide relocation assistance pursuant to
Chapter 16 (commencing with Section 7260) of Division 7 of Title 1
to any occupants temporarily or permanently displaced by the
rehabilitation or code enforcement activity, or the relocation is
otherwise provided prior to displacement either as a condition of
receivership, or provided by the property owner or the local
government pursuant to Article 2.5 (commencing with Section 17975) of
Chapter 5 of Part 1.5 of Division 13 of the Health and Safety Code,
or as otherwise provided by local ordinance; provided the assistance
includes not less than the equivalent of four months' rent and moving
expenses and comparable replacement housing consistent with the
moving expenses and comparable replacement housing required pursuant
to Section 7260, (III) the local government requires that any
displaced occupants will have the right to reoccupy the rehabilitated
units, and (IV) the unit has been found by the local government or a
court to be unfit for human habitation due to the existence of at
least four violations of the conditions listed in subdivisions (a) to
(g), inclusive, of Section 17995.3 of the Health and Safety Code.
(ii) The rehabilitated unit will have long-term affordability
covenants and restrictions that require the unit to be available to,
and occupied by, persons or families of low- or very low income at
affordable housing costs for at least 20 years or the time period
required by any applicable federal or state law or regulation.
(iii) Prior to initial occupancy after rehabilitation, the local
code enforcement agency shall issue a certificate of occupancy
indicating compliance with all applicable state and local building
code and health and safety code requirements.
(B) Units that are located in a multifamily rental housing complex
of four or more units, are converted with committed assistance from
the city or county from nonaffordable to affordable by acquisition of
the unit or the purchase of affordability covenants and restrictions
for the unit, are not acquired by eminent domain, and constitute a
net increase in the community's stock of housing affordable to low-
and very low income households. For purposes of this subparagraph, a
unit is not converted by acquisition or the purchase of affordability
covenants unless all of the following occur:
(i) The unit is made available at a cost affordable to low- or
very low income households.
(ii) At the time the unit is identified for acquisition, the unit
is not available at an affordable housing cost to either of the
following:
(I) Low-income households, if the unit will be made affordable to
low-income households.
(II) Very low income households, if the unit will be made
affordable to very low income households.
(iii) At the time the unit is identified for acquisition the unit
is not occupied by low- or very low income households or if the
acquired unit is occupied, the local government has committed to
provide relocation assistance prior to displacement, if any, pursuant
to Chapter 16 (commencing with Section 7260) of Division 7 of Title
1 to any occupants displaced by the conversion, or the relocation is
otherwise provided prior to displacement; provided the assistance
includes not less than the equivalent of four months' rent and moving
expenses and comparable replacement housing consistent with the
moving expenses and comparable replacement housing required pursuant
to Section 7260.
(iv) The unit is in decent, safe, and sanitary condition at the
time of occupancy.
(v) The unit has long-term affordability covenants and
restrictions that require the unit to be affordable to persons of
low- or very low income for not less than 55 years.
(C) Units that will be preserved at affordable housing costs to
persons or families of low- or very low incomes with committed
assistance from the city or county by acquisition of the unit or the
purchase of affordability covenants for the unit. For purposes of
this subparagraph, a unit shall not be deemed preserved unless all of
the following occur:
(i) The unit has long-term affordability covenants and
restrictions that require the unit to be affordable to and reserved
for occupancy by persons of the same or lower income group as the
current occupants for a period of at least 40 years.
(ii) The unit is within an "assisted housing development," as
defined in paragraph (3) of subdivision (a) of Section 65863.10.
(iii) The city or county finds, after a public hearing, that the
unit is eligible, and is reasonably expected, to change from housing
affordable to low- and very low income households to any other use
during the next five years due to termination of subsidy contracts,
mortgage prepayment, or expiration of restrictions on use.
(iv) The unit is in decent, safe, and sanitary condition at the
time of occupancy.
(v) At the time the unit is identified for preservation it is
available at affordable cost to persons or families of low- or very
low income.
(3) This subdivision does not apply to any city or county that,
during the current or immediately prior planning period, as defined
by Section 65588, has not met any of its share of the regional need
for affordable housing, as defined in Section 65584, for low- and
very low income households. A city or county shall document for any
housing unit that a building permit has been issued and all
development and permit fees have been paid or the unit is eligible to
be lawfully occupied.
(4) For purposes of this subdivision, "committed assistance" means
that the city or county enters into a legally enforceable agreement
during the first two years of the housing element planning
period period from the beginning of the projection
period until the end of the second year of the planning period
that obligates sufficient available funds to provide the assistance
necessary to make the identified units affordable and that requires
that the units be made available for occupancy within two years of
the execution of the agreement. "Committed assistance" does not
include tenant-based rental assistance.
(5) For purposes of this subdivision, "net increase" includes only
housing units provided committed assistance pursuant to subparagraph
(A) or (B) of paragraph (2) in the current planning period, as
defined in Section 65588, that were not provided committed assistance
in the immediately prior planning period.
(6) For purposes of this subdivision, "the time the unit is
identified" means the earliest time when any city or county agent,
acting on behalf of a public entity, has proposed in writing or has
proposed orally or in writing to the property owner, that the unit be
considered for substantial rehabilitation, acquisition, or
preservation.
(7) On July 1 of the third year of the planning period, as defined
by Section 65588, in the report required pursuant to Section 65400,
each city or county that has included in its housing element a
program to provide units pursuant to subparagraph (A), (B), or (C) of
paragraph (2) shall report in writing to the legislative body, and
to the department within 30 days of making its report to the
legislative body, on its progress in providing units pursuant to this
subdivision. The report shall identify the specific units for which
committed assistance has been provided or which have been made
available to low- and very low income households, and it shall
adequately document how each unit complies with this subdivision. If,
by July 1 of the third year of the planning period, the city or
county has not entered into an enforceable agreement of committed
assistance for all units specified in the programs adopted pursuant
to subparagraph (A), (B), or (C) of paragraph (2), the city or county
shall, not later than July 1 of the fourth year of the planning
period, adopt an amended housing element in accordance with Section
65585, identifying additional adequate sites pursuant to paragraph
(1) of subdivision (c) of Section 65583 sufficient to accommodate the
number of units for which committed assistance was not provided. If
a city or county does not amend its housing element to identify
adequate sites to address any shortfall, or fails to complete the
rehabilitation, acquisition, purchase of affordability covenants, or
the preservation of any housing unit within two years after committed
assistance was provided to that unit, it shall be prohibited from
identifying units pursuant to subparagraph (A), (B), or (C) of
paragraph (2) in the housing element that it adopts for the next
planning period, as defined in Section 65588, above the number of
units actually provided or preserved due to committed assistance.
SEC. 4. Section 2 of this bill shall become
operative only if Senate Bill 575 is not enacted.
SECTION 1. Section 65583.1 of the Government
Code is amended to read:
65583.1. (a) For purposes of this section, a city, county, or
city and county may include weatherization and energy efficiency
improvements as part of its efforts to substantially rehabilitate a
unit. This may include energy efficiency measures that encompass the
building envelope, its heating and cooling systems, and its
electrical system.
(b) The Department of Housing and Community Development, in
evaluating a proposed or adopted housing element for substantial
compliance with this article, may allow a city or county to identify
adequate sites, as required pursuant to Section 65583, by a variety
of methods, including, but not limited to, redesignation of property
to a more intense land use category and increasing the density
allowed within one or more categories. The department may also allow
a city or county to identify sites for second units based on the
number of second units developed in the prior housing element
planning period whether or not the units are permitted by right, the
need for these units in the community, the resources or incentives
available for their development, and any other relevant factors, as
determined by the department. Nothing in this section reduces the
responsibility of a city or county to identify, by income category,
the total number of sites for residential development as required by
this article.
(c) Sites that contain permanent housing units located on a
military base undergoing closure or conversion as a result of action
pursuant to the Defense Authorization Amendments and Base Closure and
Realignment Act (Public Law 100-526), the Defense Base Closure and
Realignment Act of 1990 (Public Law 101-510), or any subsequent act
requiring the closure or conversion of a military base may be
identified as an adequate site if the housing element demonstrates
that the housing units will be available for occupancy by households
within the planning period of the element. No sites containing
housing units scheduled or planned for demolition or conversion to
nonresidential uses shall qualify as an adequate site.
Any city, city and county, or county using this subdivision shall
address the progress in meeting this section in the reports provided
pursuant to paragraph (1) of subdivision (b) of Section 65400.
(d) (1) The Department of Housing and Community Development may
allow a city or county to substitute the provision of units for up to
25 percent of the community's obligation to identify adequate sites
for any income category in its housing element pursuant to paragraph
(1) of subdivision (c) of Section 65583 where the community includes
in its housing element a program committing the local government to
provide units in that income category within the city or county that
will be made available through the provision of committed assistance
during the planning period covered by the element to low- and very
low income households at affordable housing costs or affordable
rents, as defined in Sections 50052.5 and 50053 of the Health and
Safety Code, and that meet the requirements of paragraph (2). Except
as otherwise provided in this subdivision, the community may
substitute one dwelling unit for one dwelling unit site in the
applicable income category. The program shall do all of the
following:
(A) Identify the specific, existing sources of committed
assistance and dedicate a specific portion of the funds from those
sources to the provision of housing pursuant to this subdivision.
(B) Indicate the number of units that will be provided to both
low- and very low income households and demonstrate that the amount
of dedicated funds is sufficient to develop the units at affordable
housing costs or affordable rents.
(C) Demonstrate that the units meet the requirements of paragraph
(2).
(2) Only units that comply with subparagraph (A), (B), or (C)
qualify for inclusion in the housing element program described in
paragraph (1), as follows:
(A) Units that are to be substantially rehabilitated with
committed assistance from the city or county and constitute a net
increase in the community's stock of housing affordable to low- and
very low income households. For purposes of this subparagraph, a unit
is not eligible to be "substantially rehabilitated" unless all of
the following requirements are met:
(i) At the time the unit is identified for substantial
rehabilitation, (I) the local government has determined that the unit
is at imminent risk of loss to the housing stock, (II) the local
government has committed to provide relocation assistance pursuant to
Chapter 16 (commencing with Section 7260) of Division 7 of Title 1
to any occupants temporarily or permanently displaced by the
rehabilitation or code enforcement activity, or the relocation is
otherwise provided prior to displacement either as a condition of
receivership, or provided by the property owner or the local
government pursuant to Article 2.5 (commencing with Section 17975) of
Chapter 5 of Part 1.5 of Division 13 of the Health and Safety Code,
or as otherwise provided by local ordinance; provided the assistance
includes not less than the equivalent of four months' rent and moving
expenses and comparable replacement housing consistent with the
moving expenses and comparable replacement housing required pursuant
to Section 7260, (III) the local government requires that any
displaced occupants will have the right to reoccupy the rehabilitated
units, and (IV) the unit has been found by the local government or a
court to be unfit for human habitation due to the existence of at
least four violations of the conditions listed in subdivisions (a) to
(g), inclusive, of Section 17995.3 of the Health and Safety Code.
(ii) The rehabilitated unit will have long-term affordability
covenants and restrictions that require the unit to be available to,
and occupied by, persons or families of low- or very low income at
affordable housing costs for at least 20 years or the time period
required by any applicable federal or state law or regulation.
(iii) Prior to initial occupancy after rehabilitation, the local
code enforcement agency shall issue a certificate of occupancy
indicating compliance with all applicable state and local building
code and health and safety code requirements.
(B) Units that are located in a multifamily rental housing complex
of four or more units, are converted with committed assistance from
the city or county from nonaffordable to affordable by acquisition of
the unit or the purchase of affordability covenants and restrictions
for the unit, are not acquired by eminent domain, and constitute a
net increase in the community's stock of housing affordable to low-
and very low income households. For purposes of this subparagraph, a
unit is not converted by acquisition or the purchase of affordability
covenants unless all of the
following occur:
(i) The unit is made available at a cost affordable to low- or
very low income households.
(ii) At the time the unit is identified for acquisition, the unit
is not available at an affordable housing cost to either of the
following:
(I) Low-income households, if the unit will be made affordable to
low-income households.
(II) Very low income households, if the unit will be made
affordable to very low income households.
(iii) At the time the unit is identified for acquisition the unit
is not occupied by low- or very low income households or if the
acquired unit is occupied, the local government has committed to
provide relocation assistance prior to displacement, if any, pursuant
to Chapter 16 (commencing with Section 7260) of Division 7 of Title
1 to any occupants displaced by the conversion, or the relocation is
otherwise provided prior to displacement; provided the assistance
includes not less than the equivalent of four months' rent and moving
expenses and comparable replacement housing consistent with the
moving expenses and comparable replacement housing required pursuant
to Section 7260.
(iv) The unit is in decent, safe, and sanitary condition at the
time of occupancy.
(v) The unit has long-term affordability covenants and
restrictions that require the unit to be affordable to persons of
low- or very low income for not less than 55 years.
(C) Units that will be preserved at affordable housing costs to
persons or families of low- or very low incomes with committed
assistance from the city or county by acquisition of the unit or the
purchase of affordability covenants for the unit. For purposes of
this subparagraph, a unit shall not be deemed preserved unless all of
the following occur:
(i) The unit has long-term affordability covenants and
restrictions that require the unit to be affordable to and reserved
for occupancy by persons of the same or lower income group as the
current occupants for a period of at least 40 years.
(ii) The unit is within an "assisted housing development," as
defined in paragraph (3) of subdivision (a) of Section 65863.10.
(iii) The city or county finds, after a public hearing, that the
unit is eligible, and is reasonably expected, to change from housing
affordable to low- and very low income households to any other use
during the next five years due to termination of subsidy contracts,
mortgage prepayment, or expiration of restrictions on use.
(iv) The unit is in decent, safe, and sanitary condition at the
time of occupancy.
(v) At the time the unit is identified for preservation it is
available at affordable cost to persons or families of low- or very
low income.
(3) This subdivision does not apply to any city or county that,
during the current or immediately prior planning period, as defined
by Section 65588, has not met any of its share of the regional need
for affordable housing, as defined in Section 65584, for low- and
very low income households. A city or county shall document for any
housing unit that a building permit has been issued and all
development and permit fees have been paid or the unit is eligible to
be lawfully occupied.
(4) For purposes of this subdivision, "committed assistance" means
that the city or county enters into a legally enforceable agreement
during the first five years of the housing element planning period
that obligates sufficient available funds to provide the assistance
necessary to make the identified units affordable and that requires
that the units be made available for occupancy within two years of
the execution of the agreement. "Committed assistance" does not
include tenant-based rental assistance.
(5) For purposes of this subdivision, "net increase" includes only
housing units provided committed assistance pursuant to subparagraph
(A) or (B) of paragraph (2) in the current planning period, as
defined in Section 65588, that were not provided committed assistance
in the immediately prior planning period.
(6) For purposes of this subdivision, "the time the unit is
identified" means the earliest time when any city or county agent,
acting on behalf of a public entity, has proposed orally or in
writing to the property owner, that the unit be considered for
substantial rehabilitation, acquisition, or preservation.
(7) On July 1 of the sixth year of the planning period, as defined
by Section 65588, in the report required pursuant to Section 65400,
each city or county that has included in its housing element a
program to provide units pursuant to subparagraph (A), (B), or (C) of
paragraph (2) shall report in writing to the legislative body, and
to the department within 30 days of making its report to the
legislative body, on its progress in providing units pursuant to this
subdivision. The report shall identify the specific units for which
committed assistance has been provided or that have been made
available to low- and very low income households, and it shall
adequately document how each unit complies with this subdivision. If,
by July 1 of the sixth year of the planning period, the city or
county has not entered into an enforceable agreement of committed
assistance for all units specified in the programs adopted pursuant
to subparagraph (A), (B), or (C) of paragraph (2), the city or county
shall, not later than July 1 of the seventh year of the planning
period, adopt an amended housing element in accordance with Section
65585, identifying additional adequate sites pursuant to paragraph
(1) of subdivision (c) of Section 65583 sufficient to accommodate the
number of units for which committed assistance was not provided. If
a city or county does not amend its housing element to identify
adequate sites to address any shortfall, or fails to complete the
rehabilitation, acquisition, purchase of affordability covenants, or
the preservation of any housing unit within two years after committed
assistance was provided to that unit, it shall be prohibited from
identifying units pursuant to subparagraph (A), (B), or (C) of
paragraph (2) in the housing element that it adopts for the next
planning period, as defined in Section 65588, above the number of
units actually provided or preserved due to committed assistance.