Bill Text: CA AB1976 | 2021-2022 | Regular Session | Amended
Bill Title: Planning and zoning: housing element compliance: very low and lower income households.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-03-21 - Re-referred to Com. on H. & C.D. [AB1976 Detail]
Download: California-2021-AB1976-Amended.html
|
Amended
IN
Assembly
March 17, 2022 |
CALIFORNIA LEGISLATURE—
2021–2022 REGULAR SESSION
Assembly Bill
No. 1976
| Introduced by Assembly Member Santiago |
February 10, 2022 |
An act to amend Section 65585 of, and to add Section 65583.5 to, the Government Code, relating to land use.
LEGISLATIVE COUNSEL'S DIGEST
AB 1976, as amended, Santiago.
Housing elements. Planning and zoning: housing element compliance: very low and lower income households.
Existing law, the Planning and Zoning Law, requires each county and city to adopt a comprehensive, long-term general plan for the physical development of the county or city, and specified land outside its boundaries. Existing law requires the general plan to include, among other mandatory elements, a housing element, and requires the housing element to include, among other things, an inventory of land suitable and available for residential development.
Existing law requires the Department of Housing and Community Development, in consultation with each council of governments, to determine each region’s existing and projected housing need, and requires each council of governments, or the department for cities and counties without a council of governments, to adopt
a final regional housing need plan that allocates a share of the regional housing need to each city and county, as provided. If the inventory of sites included in a housing element does not identify adequate sites to accommodate the need for groups of all household income levels pursuant to the allocation of regional housing need, existing law requires that the local government rezone sites within specified deadlines.
Existing law also requires the department to notify a city or county, and authorizes the department to notify the Attorney General, that the city or county is in violation of state law if the department finds that the housing element or an amendment to that element, or any specified action or failure to act, does not substantially comply with the law as it pertains to housing elements or that any local government has taken an action in violation
of other specified housing laws.
This bill would authorize the department, after notifying the city or county of the violation of the housing element provision and before notifying the Attorney General, either to complete the rezoning to accommodate 100% of the allocated need for housing for very low and lower income households on behalf of a local government within the Counties of Imperial, Los Angeles, Orange, Riverside, San Bernardino, or Ventura that failed to complete that rezoning by the required deadline, or to impose administrative civil penalties upon the local government of up to $10,000 per day until the local government is no longer in violation of state law or the department decides to refer the violation to the Attorney General. The bill would require the department to either rezone or impose those administrative penalties if the local government’s failure to rezone persists across more than one cycle of the regional housing needs assessment. The bill
would require the department, if it rezones on behalf of the local government, to consider rezoning input from the local government. The bill would require a local government for which the department completes a rezoning under the bill’s provisions to amend its housing element and zoning ordinances as necessary to accommodate that rezoning.
Existing law, in any action or special proceeding brought by the Attorney General relating to housing element compliance pursuant to a notice or referral by the department described above, authorizes the Attorney General to request that the court issue an order or judgment directing the jurisdiction to bring its housing element into substantial compliance, as specified. Existing law requires the court to conduct a status conference if the jurisdiction has not complied with the order or judgment after 12 months, and requires
the court to impose fines on the jurisdiction in an amount between $10,000 and $100,000 per month. If the jurisdiction has not complied with the order or judgment after 3 months following the imposition of the fine, existing law authorizes the court to multiply the fine by a factor of 3, as specified. If the jurisdiction has not complied with the order or judgment after 6 months following the imposition of the initial fine, existing law authorizes the court to multiply the fine by a factor of 6, as specified, and order the appointment of an agent of the court to bring the jurisdiction’s housing element into substantial compliance, as provided.
This bill would authorize the court to order the appointment of an agent of the court to bring the jurisdiction’s housing element into substantial compliance, as provided, if the jurisdiction has not brought its housing
element into substantial compliance after 3 months following the imposition of the initial fine.
This bill would make legislative findings and declarations as to the necessity of a special statute for the Counties of Imperial, Los Angeles, Orange, Riverside, San Bernardino, and Ventura.
This bill would include findings that changes proposed by the bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
By adding to the duties of local planning 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 no reimbursement is required by this act for a specified reason.
Existing law requires a city or county to adopt a comprehensive general plan, which must include a housing element. Existing law establishes a schedule for local governments to revise their housing element within specified timeframes.
This bill would state the intent of the Legislature to enact legislation relating to housing enforcement.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
The Legislature finds and declares the following:(a) California’s housing needs have far outpaced existing stock as well as planned development and construction, which has only worsened the state’s affordability and homelessness crises.
(b) The overcrowding rate within the area represented by the Southern California Association of Governments (SCAG) is 10.11 percent, 6.76 percent higher than the national average. SCAG’s cost burden rate is 69.88 percent for lower income
households, and 18.65 percent for higher income households, 10.88 percent and 8.70 percent higher than the national average respectively. Further, the regional housing need allocation (RHNA) for the fifth revision of the housing element for the SCAG region was impacted by the recession and was significantly lower than SCAG’s RHNA for the fourth cycle.
(c) The County of Los Angeles, for example, has produced less than 3,000 affordable units annually on average, far below its goals. This has led to over half a million low-income renters in the County of Los Angeles not having access to an affordable home. Given these conditions, it is not surprising that the homeless count in the County of Los Angeles went from 58,936 in 2019 to 66,436 in 2020, a 13-percent increase.
(d) On October 15, 2019, the Department of Housing and Community Development issued its final regional housing need
assessment determination to SCAG, concluding that the region needs to construct 1,341,827 housing units over the next decade.
(e) The final determination further called for 558,603 units, or 41.6 percent of the total number of units, to be extremely low, very low, or low-income housing. This is more than triple the RHNA for the SCAG region during the 2014–21 compliance period.
(f) The RHNA process is ultimately a requirement that each region in this state, including the SCAG region, zone sufficiently in order for these homes to have the potential to be built, but it is not a requirement or guarantee that these homes will be built.
(g) Local governments make plans to accommodate their affordable housing units, but too often fail to rezone and follow through with building much needed housing that accommodates
low-income households, leading to the shortage of affordable housing we see in California today.
(h) Therefore, it is the intent of the Legislature that the determination made by the Department of Housing and Community Development to build sufficient housing units that serve extremely low, very low, and low-income households is successfully accomplished in the SCAG region.
(i) It is further the intent of the Legislature that the southern California region provide more affordable housing units to people who are low income to ensure we prevent further homelessness.
SEC. 2.
Section 65583.5 is added to the Government Code, to read:65583.5.
(a) This section only applies to a local government that meets both of the following criteria:(1) The local government is one of the following:
(A) The County of Imperial.
(B) The County of Los Angeles.
(C) The County of Orange.
(D) The County of Riverside.
(E) The County of San Bernardino.
(F) The County of Ventura.
(G) Any city located within the geographic area of the counties described in this paragraph.
(2) The local government fails to complete rezoning by the deadline determined and required by subparagraph (A) of paragraph (1) of subdivision (c) of Section 65583 to accommodate 100 percent of the need for housing for very low and lower income households allocated pursuant to Section 65584.
(b) Notwithstanding any other law except as provided in subdivision (c), after the department has, pursuant to subparagraph (A) of paragraph (1) of subdivision (i) of Section 65585, reviewed the failure by a local government described in subdivision (a), issued written findings to the local government that the failure substantially does not comply with this article, and provided a reasonable time no longer than 30 days for the local
government to respond to the findings, and before notifying the office of the Attorney General pursuant to subdivision (j) of Section 65585, the department may take either of the enforcement actions described in subdivision (d).
(c) If the failure of a local government to rezone described in subdivision (a) persists across more than one cycle of the regional housing needs assessment, the department shall take either of the enforcement actions described in subdivision (d).
(d) The department is authorized, pursuant to subdivision (b), and required, pursuant to subdivision (c), to do either of the following:
(1) On behalf of the local government, complete the rezoning required by subparagraph (A) of paragraph (1) of subdivision (c) of Section 65583 to accommodate 100 percent of the need for housing for very low and
lower income households allocated pursuant to Section 65584. Rezoning pursuant to this section shall be completed within one year of the deadline imposed on the local government by subparagraph (A) of paragraph (1) of subdivision (c) of Section 65583.
(2) Impose administrative civil penalties upon the local government of up to ten thousand dollars ($10,000) per day until the local government is no longer in violation of state law or the department decides to refer the violation to the Attorney General. In determining whether or not to impose any penalties, or in determining the amount of any penalties imposed under this section, or in determining the continuation of penalties, the department shall consider whether there are any mitigating circumstances delaying the jurisdiction from coming into compliance pursuant to subparagraph (A) of paragraph (1) of subdivision (c) of Section 65583 to accommodate 100 percent of the need for housing for very
low and lower income households allocated pursuant to Section 65584. The department may consider whether a local government is making a good faith effort to come into substantial compliance or is facing substantial undue hardships.
(e) In carrying out any rezoning pursuant to this section, the department shall consider rezoning input from the applicable local government for which the department is completing the rezoning before finalizing the rezoning plan.
(f) A local government for which the department completes rezoning pursuant to this section shall amend its housing element and zoning ordinances as necessary to accommodate the department’s rezoning. Amendment of a housing element or zoning ordinances pursuant to this subdivision shall be a ministerial duty of the local government.
SEC. 3.
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) (1) At least 90 days prior to adoption of a revision of its housing element pursuant to subdivision (e) of Section 65588, or at least 60 days prior to the adoption of a subsequent amendment to this element, the planning agency shall submit a draft element revision or draft amendment to the department. The local government of the planning agency shall make the first draft revision of a housing element available for public comment for at least 30 days and, if
any comments are received, the local government shall take at least 10 business days after the 30-day public comment period to consider and incorporate public comments into the draft revision prior to submitting it to the department. For any subsequent draft revision, the local government shall post the draft revision on its internet website and shall email a link to the draft revision to all individuals and organizations that have previously requested notices relating to the local government’s housing element at least seven days before submitting the draft revision to the department.
(2) The planning agency staff shall collect and compile the public comments regarding the housing element received by the city, county, or city and county, and provide these comments to each member of the legislative body before it adopts the housing element.
(3) The department shall review the draft
and report its written findings to the planning agency within 90 days of its receipt of the first draft submittal for each housing element revision pursuant to subdivision (e) of Section 65588 or within 60 days of its receipt of a subsequent draft amendment or an adopted revision or adopted amendment to an element. The department shall not review the first draft submitted for each housing element revision pursuant to subdivision (e) of Section 65588 until the local government has made the draft available for public comment for at least 30 days and, if comments were received, has taken at least 10 business days to consider and incorporate public comments pursuant to paragraph (1).
(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 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 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.
(i) (1) (A) The department shall review any action or failure to act by the city, county, or city and county that it determines is inconsistent with an adopted housing element or Section
65583, including any failure to implement any program actions included in the housing element pursuant to Section 65583. The department shall issue written findings to the city, county, or city and county as to whether the action or failure to act substantially complies with this article, and provide a reasonable time no longer than 30 days for the city, county, or city and county to respond to the findings before taking any other action authorized by this section, including the action authorized by subparagraph (B).
(B) If the department finds that the action or failure to act by the city, county, or city and county does not substantially comply with this article, and if it has issued findings pursuant to this section that an amendment to the housing element substantially complies with this article, the department may revoke its findings until it determines that the city, county, or city and county has come into compliance with this
article.
(2) The department may consult with any local government, public agency, group, or person, and shall receive and consider any written comments from any public agency, group, or person, regarding the action or failure to act by the city, county, or city and county described in paragraph (1), in determining whether the housing element substantially complies with this article.
(j) The department shall notify the city, county, or city and county and may notify the office of the Attorney General that the city, county, or city and county is in violation of state law if the department finds that the housing element or an amendment to this element, or any action or failure to act described in subdivision (i), does not substantially comply with this article or that any local government has taken an action in violation of the following:
(1) Housing Accountability Act (Section 65589.5).
(2) Section 65863.
(3) Chapter 4.3 (commencing with Section 65915.)
(4) Section 65008.
(5) Housing Crisis Act of 2019 (Chapter 654, Statutes of 2019, Sections 65941.1, 65943, and 66300).
(6) Section 8899.50.
(7) Section 65913.4.
(8) Article 11 (commencing with Section 65650).
(9) Article 12 (commencing with Section 65660).
(10) Section 65913.11.
(k) Commencing July 1, 2019, prior to the Attorney General bringing any suit for a violation of the provisions identified in subdivision (j) related to housing element compliance and seeking remedies available pursuant to this subdivision, the department shall offer the jurisdiction the opportunity for two meetings in person or via telephone to discuss the violation, and shall provide the jurisdiction written findings regarding the violation. This paragraph does not affect any action filed prior to the effective date of this section. The requirements set forth in this subdivision do not apply to any suits brought for a violation or violations of paragraphs (1) and (3) to (9), inclusive, of subdivision (j).
(l) In any action or special proceeding brought by the Attorney General relating to housing element compliance pursuant to a notice or
referral under subdivision (j), the Attorney General may request, upon a finding of the court that the housing element does not substantially comply with the requirements of this article pursuant to this section, that the court issue an order or judgment directing the jurisdiction to bring its housing element into substantial compliance with the requirements of this article. The court shall retain jurisdiction to ensure that its order or judgment is carried out. If a court determines that the housing element of the jurisdiction substantially complies with this article, it shall have the same force and effect, for purposes of eligibility for any financial assistance that requires a housing element in substantial compliance and for purposes of any incentives provided under Section 65589.9, as a determination by the department that the housing element substantially complies with this article.
(1) If the jurisdiction has not complied with the order
or judgment after 12 months, the court shall conduct a status conference. Following the status conference, upon a determination that the jurisdiction failed to comply with the order or judgment compelling substantial compliance with the requirements of this article, the court shall impose fines on the jurisdiction, which shall be deposited into the Building Homes and Jobs Trust Fund. Any fine levied pursuant to this paragraph shall be in a minimum amount of ten thousand dollars ($10,000) per month, but shall not exceed one hundred thousand dollars ($100,000) per month, except as provided in paragraphs (2) and (3). In the event that the jurisdiction fails to pay fines imposed by the court in full and on time, the court may require the Controller to intercept any available state and local funds and direct such funds to the Building Homes and Jobs Trust Fund to correct the jurisdiction’s failure to pay. The intercept of the funds by the Controller for this purpose shall not violate any provision of the
California Constitution.
(2) If the jurisdiction has not complied with the order or judgment after three months following the imposition of fees described in paragraph (1), the court shall conduct a status conference. Following the status conference, if the court finds that the fees imposed pursuant to paragraph (1) are insufficient to bring the jurisdiction into compliance with the order or judgment, the court may multiply do either of the following:
(A) Multiply the fine determined pursuant to paragraph (1) by
a factor of three. In the event that the jurisdiction fails to pay fines imposed by the court in full and on time, the court may require the Controller to intercept any available state and local funds and direct such funds to the Building Homes and Jobs Trust Fund to correct the jurisdiction’s failure to pay. The intercept of the funds by the Controller for this purpose shall not violate any provision of the California Constitution.
(B) Order remedies available pursuant to Section 564 of the Code of Civil Procedure, under which the agent of the court may take all governmental actions necessary to bring the jurisdiction’s housing element into substantial compliance pursuant to this article in order to remedy identified deficiencies. The court shall determine whether the housing element of the jurisdiction substantially complies with this article and, once the
court makes that determination, it shall have the same force and effect, for all purposes, as the department’s determination that the housing element substantially complies with this article. An agent appointed pursuant to this paragraph shall have expertise in planning in California.
(3) If the jurisdiction has not complied with the order or judgment six months following the imposition of fees described in paragraph (1), the court shall conduct a status conference. Upon a determination that the jurisdiction failed to comply with the order or judgment, the court may impose do either of the following:
(A) If the court finds that the fees imposed pursuant to paragraphs
(1) and (2) are insufficient to bring the jurisdiction into compliance with the order or judgment, the court may multiply the fine determined pursuant to paragraph (1) by a factor of six. In the event that the jurisdiction fails to pay fines imposed by the court in full and on time, the court may require the Controller to intercept any available state and local funds and direct such funds to the Building Homes and Jobs Trust Fund to correct the jurisdiction’s failure to pay. The intercept of the funds by the Controller for this purpose shall not violate any provision of the California Constitution.
(B) The court may order remedies available pursuant to Section 564 of the Code of Civil Procedure, under which the agent of the court may take all governmental actions necessary to bring the jurisdiction’s housing element into substantial compliance pursuant to this article in order to remedy identified deficiencies. The court shall determine whether
the housing element of the jurisdiction substantially complies with this article and, once the court makes that determination, it shall have the same force and effect, for all purposes, as the department’s determination that the housing element substantially complies with this article. An agent appointed pursuant to this paragraph shall have expertise in planning in California.
(4) This subdivision does not limit a court’s discretion to apply any and all remedies in an action or special proceeding for a violation of any law identified in subdivision (j).
(m) In determining the application of the remedies available under subdivision (l), the court shall consider whether there are any mitigating circumstances delaying the jurisdiction from coming into compliance with state housing law. The court may consider whether a city, county, or city and county is making a good faith effort to
come into substantial compliance or is facing substantial undue hardships.
(n) Nothing in this section shall limit the authority of the office of the Attorney General to bring a suit to enforce state law in an independent capacity. The office of the Attorney General may seek all remedies available under law including those set forth in this section.
(o) Notwithstanding Sections 11040 and 11042, if the Attorney General declines to represent the department in any action or special proceeding brought pursuant to a notice or referral under subdivision (j) the department may appoint or contract with other counsel for purposes of representing the department in the action or special proceeding.
(p) Notwithstanding any other provision of law, the statute of limitations set forth in subdivision (a) of Section 338 of the Code
of Civil Procedure shall apply to any action or special proceeding brought by the Office of the Attorney General or pursuant to a notice or referral under subdivision (j), or by the department pursuant to subdivision (o).
SEC. 4.
The Legislature finds and declares that ensuring the adequate production of affordable housing 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, Sections 2 and 3 of this act adding Sections 65583.5 and 65589.10 of the Government Code apply to all cities, including charter cities.SEC. 5.
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 unique circumstances within the Counties of Imperial, Los Angeles, Orange, Riverside, San Bernardino, and Ventura relating to the development of affordable housing, as described in Section 1 of this act.SEC. 6.
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.It is the intent of the Legislature to enact legislation relating to housing enforcement.
