Bill Text: CA AB1368 | 2015-2016 | Regular Session | Introduced
Bill Title: Housing element: discharged military personnel.
Sponsorship: Partisan Bill (Republican 1)
Status: (Failed) 2016-02-01 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB1368 Detail]
Download: California-2015-AB1368-Introduced.html
BILL NUMBER: AB 1368 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Baker
FEBRUARY 27, 2015
An act to add Section 65583.4 to the Government Code, relating to
local planning.
LEGISLATIVE COUNSEL'S DIGEST
AB 1368, as introduced, Baker. Housing element: discharged
military personnel.
Existing law, the Planning and Zoning Law, requires every city,
county, and city and county to revise the housing element of its
general plan as frequently as is appropriate, but not less than every
5 years, to reflect the results of the periodic review of the
housing element. Existing law requires the department, based upon
data provided by the Department of Finance and in consultation with
each council of government (COG), to determine the regional share of
the statewide housing need for the subsequent revisions to the
housing element.
This bill would authorize a person discharged from service in the
United States military to file his or her Department of Defense
Certificate of Release or Discharge From Active Duty (DD 214) with
the county recorder of his or her place of residence, and would
require that the city or county in which the person resides be
credited with the production of a new housing unit for the 2014-22
regional housing needs assessment cycle. By imposing additional
duties upon local agencies, 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 no reimbursement is required by this
act for a specified reason.
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 65583.4 is added to the Government Code, to
read:
65583.4. (a) The Legislature finds and declares all of the
following:
(1) It is the intent of the Legislature to encourage all military
personnel discharged from active military service with a United
States Department of Defense Certificate of Release or Discharge From
Active Duty (DD 214) to consider relocating to private life in
California. The Legislature considers our military service personnel
an economic benefit to the state. However, it also recognizes that
immediately upon discharge, a person may be unemployed and this fact
would automatically qualify that person as a very low or extremely
low income earner, as it pertains to housing categories.
(2) The State of California recognizes that returning service
personnel who do not purchase or rent new construction are increasing
the density of occupancy of existing housing. This is desirable and
advocated by HCD, particularly within transit livable communities
(TLC). Service personnel relocating into TLC's is part of the goals
of California's complete streets and sustainable community strategy.
(3) All cities and counties are encouraged to render any
assistance they determine appropriate to make our military personnel
a part of the community.
(4) The Legislature recognizes that all employers can benefit from
the economic value of our former service personnel and encourages
employers to provide all assistance in the transition of discharged
military personnel to private life.
(b) Any discharged military service personnel who records his or
her DD 214 discharge document with a county recorder's office of the
county that the person lists as his or her county or residence shall
be deemed to have produced one new housing unit, for the 2014-22
regional housing needs assessment (RHNA) cycle, to the credit of the
city or county in which he or she resides.
(c) The credit described in subdivision (b) shall be given to only
one city or one county, as appropriate, and the residence address
listed on the DD 214, whether in the city or the unincorporated area
of the county, shall determine whether the city or the county
receives the credit. A county may provide an amending document before
recording the DD 214 to change the existing residence, if the
service personnel can show that he or she has been living there prior
to recordation of the DD 214.
(d) The credit shall be retroactive to January 1, 2014, and any
city or county may claim credit for producing affordable housing with
verification of the recordation of a DD 214.
(e) The credit shall be granted regardless of employment or
educational benefits received by the discharged military personnel.
The credit for housing shall be granted for any housing the
discharged service personnel chooses, including his or her former
home or former room. The city or county receiving the credit shall
determine the applicable income level.
(f) There is no time period for how long the discharged military
personnel is required to continue to work or reside in the city
county. The credit shall be one credit for a new residential unit
from January 1, 2014, to December 31, 2022, regardless of how many
days the person resides at that address.
(g) The DD 214 shall be recorded for the purposes of a credit
under this section only once, and any subsequent attempt to record
the same DD 214 pursuant to this section shall not result in an
additional credit.
(h) Each city and county shall establish a program to assist
military personnel with recordation pursuant to this section.
SEC. 2. 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.
