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AB-1423 Housing: annual reports: charter cities.(2017-2018)

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Date Published: 03/29/2017 04:00 AM

Amended  IN  Assembly  March 28, 2017


Assembly Bill No. 1423

Introduced by Assembly Member Chiu

February 17, 2017

An act to amend Section 65700 of the Government Code, relating to housing.


AB 1423, as amended, Chiu. Housing: data. Housing: annual reports: charter cities.
The Planning and Zoning Law requires a city or county to adopt a general plan for land use development within its boundaries that includes, among other things, a housing element. Existing law provides for various reforms and incentives intended to facilitate and expedite the construction of affordable housing. requires the planning agency of a city or county, after the adoption of a general plan, to investigate and make recommendations to the legislative body of the city or county regarding reasonable and practical means for implementing the general plan or element of the general plan and to provide by April 1 of each year an annual report to the legislative body, the Office of Planning and Research, and the Department of Housing and Community Development that includes, among other things, the status of the plan and progress in its implementation and the progress in meeting its share of regional housing needs, as specified, and local efforts to remove governmental constraints to the maintenance, improvement, and development of housing, as specified. Existing law excludes a charter city from these investigation, recommendation, and report requirements.
This bill would apply the above report requirement to charter cities. 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.

This bill would declare the intent of the Legislature to enact legislation that would fund measures to provide for accessible housing-related data and would make legislative findings and declarations in support of that intent.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NOYES  

The people of the State of California do enact as follows:


 Section 65700 of the Government Code is amended to read:

 (a) The provisions of this This chapter shall not apply to a charter city, except to the extent that the same may be adopted by charter or ordinance of the city; city and except that charter cities shall adopt general plans in any case, and such case. General plans of a charter city shall be adopted by resolution of the legislative body of the city, or the planning commission if the charter so provides, and such provides. These general plans shall contain the mandatory elements required by Article 5 (commencing with Section 65300) of Chapter 3 of this title.
(b) Notwithstanding subdivision (a), the provisions of paragraph (2) of subdivision (a) of Section 65400 and Sections 65590 and 65590.1 shall be applicable to charter cities.

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.

(a)It is the intent of the Legislature to enact legislation that would fund measures to provide for accessible housing-related data.

(b)In support of subdivision (a), the Legislature finds and declares that it is critical that the state have comprehensive and accessible housing-related data from cities and counties in order to support all of the following:

(1)Evidence-based policy decisionmaking at the federal, state, regional, and local level.

(2)Regulatory enforcement of housing-related law by federal and state governmental entities, including, but not limited to, the United States Department of Housing and Urban Development’s Affirmatively Furthering Fair Housing Rule and the housing element law (Article 10.6 (commencing with Section 65580) of Chapter 3 of Division 1 of Title 7 of the Government Code) administered by the Department of Housing and Community Development.

(3)Litigation enforcement of housing-related law, especially related to systemic housing discrimination.

(4)The public, advocates, the press, researchers, and other government stakeholders with information to better understand the drivers and solutions to our state’s housing and affordability crisis.

(5)Affordable and market rate developers by providing information to inform development decisions.