Bill Text: CA AB2500 | 2015-2016 | Regular Session | Amended
Bill Title: Land use: regional housing need.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2016-11-30 - From committee without further action. [AB2500 Detail]
Download: California-2015-AB2500-Amended.html
BILL NUMBER: AB 2500 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 16, 2016
INTRODUCED BY Assembly Member Daly
FEBRUARY 19, 2016
An act to amend Section 65584 of the Government Code,
relating to land use.
LEGISLATIVE COUNSEL'S DIGEST
AB 2500, as amended, Daly. Land use. use:
regional housing need.
Existing law, the Planning and Zoning Law, requires a city or
county to prepare and adopt a comprehensive, long-term general plan,
and requires the general plan to include certain mandatory elements,
including a housing element. That law also
requires the housing element, in turn, to include, among other
things, an assessment of housing needs and an inventory of resources
and constraints relevant to the meeting of those needs. That law
further requires the Department of Housing and Community Development
to review the draft of the housing element or draft
amendment of the housing element prior to its adoption by the
planning agency for a city or county and, in written findings,
determine whether the draft substantially complies with the legal
requirements for a housing element. determine the
existing and projected need for housing for each region, as
specified, at least two years prior to the scheduled revision of a
housing element required by law.
This bill would declare the intent of the Legislature to
enact legislation that would authorize require
the department to rescind the adoption of a housing element.
determine the regional housing need at least two
years and three months prior to the scheduled revision of a housing
element required by law.
Existing law requires the appropriate council of governments
or, in the absence of this council, the department, to adopt a final
regional housing need to each city, county, or city and county at
least one year prior to the scheduled revision for the region.
This bill would require the adoption of a final regional
housing need at least one year and three months prior to the
scheduled revision for the region. 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 no reimbursement is required by this
act for a specified reason.
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 65584 of the
Government Code is amended to read:
65584. (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) While 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, it is
recognized, however, that future housing production may not equal the
regional housing need established for planning purposes.
(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 and
three months 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 and three months 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 with the advice
of the department.
(c) Notwithstanding any other provision of 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 be consistent
with 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, and the
encouragement of efficient development patterns.
(3) Promoting an improved intraregional relationship between jobs
and housing.
(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 decennial United States census.
(e) For purposes of this section, "household income levels" are as
determined by the department as of the most recent decennial census
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.
(f) Notwithstanding any other provision of 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, 65584.07, or 65584.08 are exempt from
the California Environmental Quality Act (Division 13 (commencing
with Section 21000) of the Public Resources Code).
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.
SECTION 1. It is the intent of the Legislature
to subsequently amend this measure to include provisions that would
authorize the Department of Housing and Community Development to
rescind the adoption of a housing element.
