Bill Text: CA AB1487 | 2019-2020 | Regular Session | Amended
Bill Title: San Francisco Bay area: housing development: financing.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Passed) 2019-10-08 - Chaptered by Secretary of State - Chapter 598, Statutes of 2019. [AB1487 Detail]
Download: California-2019-AB1487-Amended.html
Amended
IN
Assembly
March 26, 2019 |
Assembly Bill | No. 1487 |
Introduced by Assembly Member Chiu (Coauthors: Assembly Members Mullin and Wicks) (Coauthor: Senator Wiener) |
February 22, 2019 |
LEGISLATIVE COUNSEL'S DIGEST
The Planning and Zoning Law requires a city or county to adopt a comprehensive, long-term general plan that includes various mandatory elements, including a housing element. That law requires the housing element to contain, among other things, an assessment of housing needs and an inventory of resources and constraints relevant to meeting those needs. That law requires the Department of Housing and Community Development to determine the existing and projected need for housing for each region, as specified.
This bill would make nonsubstantive changes to that law.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Title 6.8 (commencing with Section 64500) is added to the Government Code, to read:TITLE 6.8. San Francisco Bay Area Regional Housing Finance
PART 1. Formation of the Housing Alliance for the Bay Area and General Powers
CHAPTER 1. General Provisions
64500.
This title shall be known, and may be cited, as the San Francisco Bay Area Regional Housing Finance Act.64501.
The Legislature finds and declares the following:64502.
For purposes of this title:64503.
The Legislature finds and declares that providing a regional financing mechanism for affordable housing development and preservation in the San Francisco Bay Area, as described in this section and Section 64501, is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this title applies to all cities within the San Francisco Bay area, including charter cities.CHAPTER 2. The Housing Alliance for the Bay Area and Governing Board
64510.
(a) The Housing Alliance for the Bay Area is hereby established with jurisdiction extending throughout the San Francisco Bay area.64511.
(a) (1) The entity shall be governed by a board composed of __ voting members, including __ from the Metropolitan Transportation Commission, ___ from the Association of Bay Area Governments and __ appointees of the Governor reflecting stakeholders from the San Francisco Bay area with knowledge and experience in the area of housing finance and development.64512.
A member shall exercise independent judgment on behalf of the interests of the residents, the property owners, and the public as a whole in furthering the intent and purposes of this title.64513.
(a) The time and place of the first meeting of the board shall be at a time and place within the San Francisco Bay area fixed by the chair of the board.64514.
(a) The board may make and enforce rules and regulations necessary for the government of the board, the preservation of order, and the transaction of business.CHAPTER 3. Powers of the Housing Alliance for the Bay Area
64520.
In implementing this title, the entity may do all of the following:64521.
(a) If the entity proposes a measure pursuant to subdivision (a) of Section 64520 that will generate revenues, the board of supervisors of the county or counties in which the entity has determined to place the measure on the ballot shall call a special election on the measure. The special election shall be consolidated with the next regularly scheduled statewide election and the measure shall be submitted to the voters in the appropriate counties, consistent with the requirements of Articles XIII A, XIII C, and XIII D of the California Constitution, as applicable.64522.
The entity shall not do either of the following:CHAPTER 4. Financial Provisions
64530.
The board shall provide for regular audits of the entity’s accounts and records and shall maintain accounting records and shall report accounting transactions in accordance with generally accepted accounting principles adopted by the Governmental Accounting Standards Board of the Financial Accounting Foundation for both public reporting purposes and for reporting of activities to the Controller.64531.
The board shall provide for annual financial reports. The board shall make copies of the annual financial reports available to the public.PART 2. Financing Activities of the Housing Alliance for the Bay Area
CHAPTER 1. General Provisions
64600.
It is the intent of the Legislature to authorize the entity to do all of the following:SEC. 2.
The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the uniquely severe shortage of available funding and resources for the development and preservation of affordable housing and the particularly acute nature of the housing crisis within the nine counties of the San Francisco Bay area region.SEC. 3.
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.(a)(1)For the fourth and subsequent revisions of the housing element pursuant to Section 65588, the department shall determine the existing and projected need for housing for each region pursuant to this article. For purposes of subdivision (a) of Section 65583, the share of a city or county of the regional housing need shall include that share of the housing need of persons at all income levels within the area significantly affected by the general plan of the city or county.
(2)It is the intent of the Legislature that cities, counties, and cities and counties should undertake all necessary actions to encourage, promote, and facilitate the development of housing to accommodate the entire regional housing need, and reasonable actions should
be taken by local and regional governments to ensure that future housing production meets, at a minimum, the regional housing need established for planning purposes. These actions shall include applicable reforms and incentives in Section 65582.1.
(3)The Legislature finds and declares that insufficient housing in job centers hinders the state’s environmental quality and runs counter to the state’s environmental goals. In particular, when Californians seeking affordable housing are forced to drive longer distances to work, an increased amount of greenhouse gases and other pollutants is released and puts in jeopardy the achievement of the state’s climate goals, as established pursuant to Section 38566 of the Health and Safety Code, and clean air goals.
(b)The department, in consultation with each council of governments, shall determine each region’s existing and projected housing
need pursuant to Section 65584.01 at least two years prior to the scheduled revision required pursuant to Section 65588. The appropriate council of governments, or for cities and counties without a council of governments, the department, shall adopt a final regional housing need plan that allocates a share of the regional housing need to each city, county, or city and county at least one year prior to the scheduled revision for the region required by Section 65588. The allocation plan prepared by a council of governments shall be prepared pursuant to Sections 65584.04 and 65584.05.
(c)Notwithstanding any other law, the due dates for the determinations of the department,
or for the council of governments, respectively, regarding the regional housing need may be extended by the department by not more than 60
days, if the extension will enable access to more recent critical population or housing data from a pending or recent release of the United States Census Bureau or the Department of Finance. If the due date for the determination of the department or the council of governments is extended for this reason, the department shall extend the corresponding housing element revision deadline pursuant to Section 65588 by not more than 60 days.
(d)The regional housing needs allocation plan shall further all of the following objectives:
(1)Increasing the housing supply and the mix of housing types, tenure, and affordability in all cities and counties within the region in an equitable manner, which shall result in each jurisdiction receiving an allocation of units for low- and very low income households.
(2)Promoting infill development and socioeconomic equity, the protection of environmental and agricultural resources, the encouragement of efficient development patterns, and the achievement of the region’s greenhouse gas reductions targets provided by the State Air Resources Board pursuant to Section 65080.
(3)Promoting an improved intraregional relationship between jobs and housing, including an improved balance between the number of low-wage jobs and the number of housing units affordable to low-wage workers in each jurisdiction.
(4)Allocating a lower proportion of housing need to an income category when a jurisdiction already has a disproportionately high share of households in that income category, as compared to the countywide distribution of households in that category from the most recent American Community
Survey.
(5)Affirmatively furthering fair housing.
(e)For purposes of this section, “affirmatively furthering fair housing” means taking meaningful actions, in addition to combating discrimination, that overcome patterns of segregation and foster inclusive communities free from barriers that restrict access to opportunity based on protected characteristics. Specifically, affirmatively furthering fair housing means taking meaningful actions that, taken together, address significant disparities in housing needs and in access to opportunity, replacing segregated living patterns with truly integrated and balanced living patterns, transforming racially and ethnically concentrated areas of poverty into areas of opportunity, and fostering and maintaining compliance with civil rights and fair housing laws.
(f)For purposes
of this section, “household income levels” are as determined by the department as of the most recent American Community Survey pursuant to the following code sections:
(1)Very low incomes as defined by Section 50105 of the Health and Safety Code.
(2)Lower incomes, as defined by Section 50079.5 of the Health and Safety Code.
(3)Moderate incomes, as defined by Section 50093 of the Health and Safety Code.
(4)Above moderate incomes are those exceeding the moderate-income level of Section 50093 of the Health and Safety Code.
(g)Notwithstanding any other law, determinations made by the
department, a council of governments, or a city or county pursuant to this section or Section 65584.01, 65584.02, 65584.03, 65584.04, 65584.05, 65584.06, or 65584.07 are exempt from the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).