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AB-829 Local government: funding: state-assisted projects.(2017-2018)

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Date Published: 06/14/2018 09:00 PM
AB829:v97#DOCUMENT

Amended  IN  Senate  June 14, 2018
Amended  IN  Assembly  March 23, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 829


Introduced by Assembly Member Chiu

February 16, 2017


An act to amend Section 65400 of the Government Code, relating to land use. An act to add Section 50204 to the Health and Safety Code, relating to local government.


LEGISLATIVE COUNSEL'S DIGEST


AB 829, as amended, Chiu. Planning and zoning: annual report. Local government: funding: state-assisted projects.
Existing law authorizes a local government to fund all or a part of a housing project or development. Existing law states legislative findings and declarations regarding the need for affordable housing and local authority to approve housing developments.
This bill would prohibit a local agency from requiring, as a threshold or condition for applying for the award of any funding for a housing development that will also be receiving state assistance, that the development proponent receive a letter of acknowledgment, letter of approval, or similar document from the legislative body of that local agency or from a member of that legislative body. The bill would include findings that the changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including 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 specified mandatory elements, including a housing element. That law requires, after the legislative body of the city or county has adopted all or part of a general plan, that the planning agency 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 specified information.

This bill would require that this report additionally include the relationship between jobs and housing, including any imbalance between jobs and housing. The bill would require that this portion of the report include an assessment of any significant increases or decreases in employment since the date of the last annual report.

By adding to the duties of local planning officials with respect to preparing this annual report, 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: YESNO   Local Program: YESNO  

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


SECTION 1.

 Section 50204 is added to the Health and Safety Code, to read:

50204.
 A local agency shall not require, as a threshold or condition to apply for the award of any funding for a housing development that will also be receiving state assistance, that the development proponent receive a letter of acknowledgment, letter of approval, or similar document from the legislative body of that local agency or from a member of that legislative body. For purposes of this section, “state assistance” includes any state funds or a tax credit, including a low-income housing credit awarded pursuant to Sections 12206, 17058, and 23610.5 of the Revenue and Taxation Code.

SEC. 2.

 The Legislature finds and declares that 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, Section 1 of this act adding Section 50204 to the Health and Safety Code applies to all cities, including charter cities.
SECTION 1.Section 65400 of the Government Code is amended to read:
65400.

(a)After the legislative body has adopted all or part of a general plan, the planning agency shall do both of the following:

(1)Investigate and make recommendations to the legislative body regarding reasonable and practical means for implementing the general plan or element of the general plan, so that it will serve as an effective guide for orderly growth and development, preservation and conservation of open-space land and natural resources, and the efficient expenditure of public funds relating to the subjects addressed in the general plan.

(2)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 all of the following:

(A)The status of the plan and progress in its implementation.

(B)The progress in meeting its share of regional housing needs determined pursuant to Section 65584 and local efforts to remove governmental constraints to the maintenance, improvement, and development of housing pursuant to paragraph (3) of subdivision (c) of Section 65583.

The housing element portion of the annual report, as required by this paragraph, shall be prepared through the use of forms and definitions adopted by the Department of Housing and Community Development pursuant to the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2). Prior to and after adoption of the forms, the housing element portion of the annual report shall include a section that describes the actions taken by the local government towards completion of the programs and status of the local government’s compliance with the deadlines in its housing element. That report shall be considered at an annual public meeting before the legislative body where members of the public shall be allowed to provide oral testimony and written comments.

The report may include the number of units that have been substantially rehabilitated, converted from nonaffordable to affordable by acquisition, and preserved consistent with the standards set forth in paragraph (2) of subdivision (c) of Section 65583.1. The report shall document how the units meet the standards set forth in that subdivision.

(C)The degree to which its approved general plan complies with the guidelines developed and adopted pursuant to Section 65040.2 and the date of the last revision to the general plan.

(D)The relationship between jobs and housing, including any imbalance between jobs and housing. This portion of the annual report shall include an assessment of any significant increases or decreases in employment since the date of the last annual report.

(b)If a court finds, upon a motion to that effect, that a city, county, or city and county failed to submit, within 60 days of the deadline established in this section, the housing element portion of the report required pursuant to subparagraph (B) of paragraph (2) of subdivision (a) that substantially complies with the requirements of this section, the court shall issue an order or judgment compelling compliance with this section within 60 days. If the city, county, or city and county fails to comply with the court’s order within 60 days, the plaintiff or petitioner may move for sanctions, and the court may, upon that motion, grant appropriate sanctions. The court shall retain jurisdiction to ensure that its order or judgment is carried out. If the court determines that its order or judgment is not carried out within 60 days, the court may issue further orders as provided by law to ensure that the purposes and policies of this section are fulfilled. This subdivision applies to proceedings initiated on or after the first day of October following the adoption of forms and definitions by the Department of Housing and Community Development pursuant to paragraph (2) of subdivision (a), but no sooner than six months following that adoption.

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.