BILL ANALYSIS �
AB 1198
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Date of Hearing: January 11, 2012
ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT
Cameron Smyth, Chair
AB 1198 (Norby) - As Introduced: February 18, 2011
SUBJECT : Land use: housing element: regional housing need
assessment.
SUMMARY : Repeals requirements related to the Department of
Housing and Community Development's (HCD) determination of each
region's existing and projected housing need and the
distribution of that need to cities and counties through the
Regional Housing Needs Assessment (RHNA) process, and repeals
other related RHNA requirements.
EXISTING LAW :
1)Requires every city and county to prepare a general plan
containing seven elements, including a housing element.
2)Provides that the housing element shall consist of an
identification and analysis of existing and projected housing
needs and a statement of goals, policies, quantified
objectives, financial resources, and scheduled programs for
the preservation, improvement, and development of housing.
3)Requires, prior to each housing element revision, each council
of government (COG), in conjunction with HCD, to prepare RHNA
and allocate to each jurisdiction in the region its fair share
of the housing need for each of the defined income categories.
4)Requires each housing element's identification of adequate
sites to accommodate the community's share of the regional
housing need.
5)Allows cities and counties to submit requests for revisions to
their draft RHNA allocation and, if not satisfied with the
response, to file a formal appeal.
6)Requires HCD to determine whether the final allocation plan is
consistent with the previously determined regional housing
need and gives HCD the authority to make revisions if
necessary to obtain this consistency.
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FISCAL EFFECT : Unknown
COMMENTS :
1)Housing element law requires local governments to adequately
plan to meet their share of the regional housing need. The
housing element update process addresses the statewide concern
of providing "decent housing and a suitable living environment
for every California family," in part by facilitating
increases in housing supply to accommodate the needs of the
state's growing population. The law recognizes that the most
critical decisions regarding housing development occur at the
local level within the context of the general plan. In order
for the
private sector to adequately address housing needs and meet
demand, local governments must regularly update their general
plans, zoning, and development standards to provide
opportunities for housing development for all income groups.
2)The share of the regional housing need allocated to each city
and county is a short-term projection of additional housing
units needed to accommodate existing households and projected
household growth of all income levels by the end of the
housing element planning period.
3)The RHNA process establishes minimum housing development
capacity that cities and counties are to make available via
their land use powers to accommodate growth within a
short-term planning period. RHNA numbers are assigned by four
income categories as guideposts for each community to develop
a mix of housing types for all economic segments of the
population. The process is also known as "fair share"
planning.
4)This bill repeals the whole section of statutes related to the
determination of regional housing need by HCD and the
subsequent allocation of that need to cities and counties
within each region, but does not repeal overall requirements
for local jurisdictions to develop and update housing elements
as is statutorily prescribed. According to the author, this
bill frees local governments of a state-imposed unfunded
mandate because the RHNA process is no longer eligible for
reimbursement by the state. The author notes that housing
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need can be adequately addressed through a city or county's
general plan and that the most critical decisions regarding
housing development occur at the local level, thus eliminating
the need for state certification of housing elements.
5)Support argument: At a time when many local governments are
struggling with funding with the economic downturn, this bill
will reduce state-imposed housing requirements for cities and
counties and will allow for greater local control over housing
policies.
Opposition argument: Adequate housing supply and affordability
of housing is a major statewide concern and one that the
Legislature has a long history of supporting. Repealing the
RHNA process may be counter to these housing goals.
6)This bill is double-referred to the Assembly Housing and
Community Development Committee and will be heard January 11,
2012.
REGISTERED SUPPORT / OPPOSITION :
Support
None on file
Opposition
None on file
Analysis Prepared by : Debbie Michel / L. GOV. / (916)
319-3958