Bill Text: CA SB7 | 2023-2024 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Regional housing need: determination.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2024-09-19 - Chaptered by Secretary of State. Chapter 283, Statutes of 2024. [SB7 Detail]
Download: California-2023-SB7-Amended.html
NOYES
Local Program:
NOYES
Bill Title: Regional housing need: determination.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2024-09-19 - Chaptered by Secretary of State. Chapter 283, Statutes of 2024. [SB7 Detail]
Download: California-2023-SB7-Amended.html
|
Amended
IN
Senate
February 13, 2023 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Senate Bill
No. 7
| Introduced by Senator Blakespear |
December 05, 2022 |
An act to amend Section 65584 of the Government Code, relating to housing.
LEGISLATIVE COUNSEL'S DIGEST
SB 7, as amended, Blakespear.
Homelessness. Regional housing needs allocation: homelessness.
Existing law establishes various programs to address homelessness, including requiring the Governor to create an Interagency Council on Homelessness and establishing the Homeless Housing, Assistance, and Prevention program for the purpose of providing jurisdictions, as defined, with one-time grant funds to support regional coordination and expand or develop local capacity to address their immediate homelessness challenges, as specified.
Existing law additionally 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, as provided. Existing law 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, county, or city and county and that furthers specified objectives. Existing law requires the regional housing needs allocation plan shall further specified objectives, including each jurisdiction receives an allocation of units for low- and very low income households, as defined.
This bill would state the intent of the Legislature to enact legislation regarding homelessness and the regional housing needs allocation.
This bill, for regional housing need assessments on or after January 1, 2024, would require “homeless” to be included as an income category for purposes of the
regional housing needs allocation plan. By requiring each council of governments to revise the income categories used in regional housing needs allocations, the 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.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee:Bill Text
The people of the State of California do enact as follows:
It
SECTION 1.
(a) The legislature finds and declares all of the following:(1) The recommendations to improve the existing regional housing needs allocation process by the Department of Housing and Community Development, in collaboration with the Office of Planning and Research and stakeholders, pursuant to Section 50515.05 of the Health and Safety Code, are critically important in promoting and streamlining housing development to substantially address California’s housing
shortage.
(2) Homelessness in California is an urgent issue and needs to be considered in local regional housing needs assessments.
(3) While a revision to the regional housing needs allocation process will likely evolve out of the update and recommendations provided by the Department of Housing and Community Development to the Legislature, local jurisdictions are currently working on their next revision of their regional housing needs assessment.
(b) It is the intent of the Legislature to enact legislation regarding homelessness and the regional housing needs allocation.
SEC. 2.
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) 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 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 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.
(5) For regional housing need assessments on or after January 1, 2024, “homeless” shall be included as an income category.
(g) 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).
