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SB-1251 Local government: general plans.(2017-2018)

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Date Published: 05/03/2018 09:00 PM
SB1251:v98#DOCUMENT

Amended  IN  Senate  May 03, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 1251


Introduced by Senator McGuire

February 15, 2018


An act to amend Section 65040.5 65350.5 of the Government Code, relating to land use. local government.


LEGISLATIVE COUNSEL'S DIGEST


SB 1251, as amended, McGuire. Office of Planning and Research: housing elements. Local government: general plans.
Existing law, the Planning and Zoning Law, requires a city or county to adopt a comprehensive, long-term general plan for the physical development of the city or the county and of any land outside its boundaries that bears relation to its planning. Existing law requires the planning agency of a city or county, before the adoption of any substantial amendment of a general plan, to review and consider, among other things, an adoption of, or update to, a groundwater sustainability plan or groundwater management plan or groundwater management court order, judgment, or decree. Existing law authorizes a groundwater sustainability agency to submit an alternative to a groundwater sustainability plan to the Department of Water Resources for approval, as specified.
This bill would additionally require the planning agency to consider an alternative approved by the Department of Water Resources, as specified.

Existing law requires the Office of Planning and Research to notify a city or county if a general plan, which includes various elements, including a housing element, has not been revised within 8 years and to notify the Attorney General if a general plan of a city or county is not revised within 10 years.

This bill would delete these requirements and require the office to notify a city or county and the Attorney General when the housing element of that city or county has not been revised in accordance with a specified housing element revision schedule established in existing law.

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

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


SECTION 1.

 Section 65350.5 of the Government Code is amended to read:

65350.5.
 Before the adoption or any substantial amendment of a city’s or county’s general plan, the planning agency shall review and consider all of the following:
(a) An adoption of, or update to, a groundwater sustainability plan or groundwater management plan pursuant to Part 2.74 (commencing with Section 10720) or Part 2.75 (commencing with Section 10750) of Division 6 of the Water Code or groundwater management court order, judgment, or decree.
(b) An adjudication of water rights.
(c) An order or interim plan by the State Water Resources Control Board pursuant to Chapter 11 (commencing with Section 10735) of Part 2.74 of Division 6 of the Water Code.
(d) An alternative approved by the Department of Water Resources pursuant to Section 10733.6 of the Water Code.

SECTION 1.Section 65040.5 of the Government Code is amended to read:
65040.5.

The office shall notify a city or county and the Attorney General when the housing element of that city or county has not been revised in accordance with the schedule described in subdivision (e) of Section 65588.