Bill Text: CA AB1316 | 2015-2016 | Regular Session | Amended

California Assembly Bill 1316 (Prior Session Legislation)

Bill Title: Housing elements.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Failed) 2016-02-01 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB1316 Detail]

Download: California-2015-AB1316-Amended.html

BILL NUMBER: AB 1316	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 26, 2015

INTRODUCED BY   Assembly Member Lopez

                        FEBRUARY 27, 2015

   An act to amend Section 65585 of the Government Code, relating to
housing.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1316, as amended, Lopez. Housing elements.
   The Planning and Zoning Law requires a city or county to adopt a
comprehensive, long-term general plan for the physical development of
the city or county and of any land outside its boundaries that bears
relation to its planning. That law also requires the general plan to
contain specified mandatory elements, including a housing element
for the preservation, improvement, and development of housing.
Existing law prescribes requirements for the preparation of the
housing  element.   element, including a
requirement that a planning agency submit a draft of the element or
draft amendment to the element to the Department of Housing and
Community Development prior to the adoption of the element or
amendment to the element. 
   This bill would  make nonsubstantive changes to the
provisions regarding the preparation of the housing element.
  require the planning agency to make the draft element
or draft amendment to the element available to the public at least 30
days prior to the submission to the department. By increasing the
duties of local officials, this bill would impose a state-mandated
local program.  
   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, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program:  no
  yes  .


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

  SECTION 1.  Section 65585 of the Government Code is amended to
read:
   65585.  (a) In the preparation of its housing element, each city
and county shall consider the guidelines adopted by the department
pursuant to Section 50459 of the Health and Safety Code. Those
guidelines shall be advisory to each city or county in the
preparation of its housing element.
   (b) At least 90 days prior to adoption of its housing element, or
at least 60 days prior to the adoption of an amendment to this
element, the planning agency shall submit a draft element or draft
amendment to the department.  At least 30 days prior to the
submission of the draft element or draft amendment to   the
department, the planning agency shall make the draft element or draft
amendment available to the public.  The department shall review
the draft and report its written findings to the planning agency
within 90 days of its receipt of the draft in the case of an adoption
or within 60 days of its receipt in the case of a draft amendment.
   (c) In the preparation of its findings, the department may consult
with any public agency, group, or person. The department shall
receive and consider any written comments from any public agency,
group, or person regarding the draft or adopted element or amendment
under review.
   (d) In its written findings, the department shall determine
whether the draft element or draft amendment substantially complies
with this article.
   (e) Prior to the adoption of its draft element or draft amendment,
the legislative body shall consider the findings made by the
department. If the department's findings are not available within the
time limits set by this section, the legislative body may act
without them.
   (f) If the department finds that the draft element or draft
amendment does not substantially comply with this article, the
legislative body shall take one of the following actions:
   (1) Change the draft element or draft amendment to substantially
comply with the requirements of this article.
   (2) Adopt the draft element or draft amendment without changes.
The legislative body shall include in its resolution of adoption
written findings which explain the reasons the legislative body
believes that the draft element or draft amendment substantially
complies with the requirements of this article despite the findings
of the department.
   (g) Promptly following the adoption of its element or amendment,
the planning agency shall submit a copy to the department.
   (h) The department shall, within 90 days, review adopted housing
elements or amendments and report its findings to the planning
agency.
   SEC. 2.    If the Commission on State Mandates
determines that this act contains 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.