Today's Law As Amended


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SB-1189 Land use: housing element: regional housing need.(2009-2010)



As Amends the Law Today


SECTION 1.

 Section 65584.04 of the Government Code is amended to read:

65584.04.
 (a) At least two years before  prior to  a scheduled revision required by Section 65588, each council of governments, or delegate subregion as applicable, shall develop, in consultation with the department,  develop  a proposed methodology for distributing the existing and projected regional housing need to cities, counties, and cities and counties within the region or within the subregion, where applicable pursuant to this section. The methodology shall further  be consistent with  the objectives listed in subdivision (d) of Section 65584. The methodology developed by the association, as defined in subdivision (a) of Section 65584.10, or delegate subregion within the association, as applicable, shall ensure that the distribution of housing need to each local government within the association is in compliance with Section 65584.10. 
(b) (1) No more than six months before  prior to  the development of a proposed methodology for distributing the existing and projected housing need, each council of governments shall survey each of its member jurisdictions to request, at a minimum, information regarding the factors listed in subdivision (e) (d)  that will allow the development of a methodology based upon the factors established in subdivision (e). (d). 
(2) With respect to the objective in paragraph (5) of subdivision (d) of Section 65584, the survey shall review and compile information that will allow the development of a methodology based upon the issues, strategies, and actions that are included, as available, in an Analysis of Impediments to Fair Housing Choice or an Assessment of Fair Housing completed by any city or county or the department that covers communities within the area served by the council of governments, and in housing elements adopted pursuant to this article by cities and counties within the area served by the council of governments.
(3) (2)  The council of governments shall seek to obtain the information in a manner and format that is comparable throughout the region and utilize readily available data to the extent possible.
(4) (3)  The information provided by a local government pursuant to this section shall be used, to the extent possible, by the council of governments, or delegate subregion as applicable, as source information for the methodology developed pursuant to this section. The survey shall state that none of the information received may be used as a basis for reducing the total housing need established for the region pursuant to Section 65584.01.
(5) (4)  If the council of governments fails to conduct a survey pursuant to this subdivision, a city, county, or city and county may submit information related to the items listed in subdivision (e) before  (d) prior to  the public comment period provided for in subdivision (d). (c). 
(c) The council of governments shall electronically report the results of the survey of fair housing issues, strategies, and actions compiled pursuant to paragraph (2) of subdivision (b). The report shall describe common themes and effective strategies employed by cities and counties within the area served by the council of governments, including common themes and effective strategies around avoiding the displacement of lower income households. The council of governments shall also identify significant barriers to affirmatively furthering fair housing at the regional level and may recommend strategies or actions to overcome those barriers. A council of governments or metropolitan planning organization, as appropriate, may use this information for any other purpose, including publication within a regional transportation plan adopted pursuant to Section 65080 or to inform the land use assumptions that are applied in the development of a regional transportation plan.
(d) (c)  Public participation and access shall be required in the development of the methodology and in the process of drafting and adoption of the allocation of the regional housing needs. Participation by organizations other than local jurisdictions and councils of governments shall be solicited in a diligent effort to achieve public participation of all economic segments of the community as well as members of protected classes under Section 12955.  community.  The proposed methodology, along with any relevant underlying data and assumptions, and  an explanation of how information about local government conditions gathered pursuant to subdivision (b) has been used to develop the proposed methodology, and  how each of the factors listed in subdivision (e) (d)  is incorporated into the methodology, and how the proposed methodology furthers the objectives listed in subdivision (e) of Section 65584,  shall be distributed to all cities, counties, any subregions, and members of the public who have made a written or electronic  request for the proposed methodology and published on the council of governments’, or delegate subregion’s, internet website.  methodology.  The council of governments, or delegate subregion, as applicable, shall conduct at least one public hearing to receive oral and written comments on the proposed methodology.
(e) (d)  To the extent that sufficient data is available from local governments pursuant to subdivision (b) or other sources, each council of governments, or delegate subregion as applicable, shall include the following factors to develop the methodology that allocates regional housing needs:
(1) Each member jurisdiction’s existing and projected jobs and housing relationship. This shall include an estimate based on readily available data on the number of low-wage jobs within the jurisdiction and how many housing units within the jurisdiction are affordable to low-wage workers as well as an estimate based on readily available data, of projected job growth and projected household growth by income level within each member jurisdiction during the planning period. 
(2) The opportunities and constraints to development of additional housing in each member jurisdiction, including all of the following:
(A) Lack of capacity for sewer or water service due to federal or state laws, regulations or regulatory actions, or supply and distribution decisions made by a sewer or water service provider other than the local jurisdiction that preclude the jurisdiction from providing necessary infrastructure for additional development during the planning period.
(B) The availability of land suitable for urban development or for conversion to residential use, the availability of underutilized land, and opportunities for infill development and increased residential densities. The council of governments may not limit its consideration of suitable housing sites or land suitable for urban development to existing zoning ordinances and land use restrictions of a locality, but shall consider the potential for increased residential development under alternative zoning ordinances and land use restrictions. The determination of available land suitable for urban development may exclude lands where the Federal Emergency Management Agency (FEMA) or the Department of Water Resources has determined that the flood management infrastructure designed to protect that land is not adequate to avoid the risk of flooding.
(C) Lands preserved or protected from urban development under existing federal or state programs, or both, designed to protect open space, farmland, environmental habitats, and natural resources on a long-term basis, including land zoned or designated for agricultural protection or preservation that is subject to a local ballot measure that was approved by the voters of that jurisdiction that prohibits or restricts conversion to nonagricultural uses. basis. 
(D) County policies to preserve prime agricultural land, as defined pursuant to Section 56064, within an unincorporated area and land within an unincorporated area zoned or designated for agricultural protection or preservation that is subject to a local ballot measure that was approved by the voters of that jurisdiction that prohibits or restricts its conversion to nonagricultural uses. area. 
(3) The distribution of household growth assumed for purposes of a comparable period of regional transportation plans and opportunities to maximize the use of public transportation and existing transportation infrastructure.
(4) The market demand for housing.
(4) (5)  Agreements between a county and cities in a county to direct growth toward incorporated areas of the county and land within an unincorporated area zoned or designated for agricultural protection or preservation that is subject to a local ballot measure that was approved by the voters of the jurisdiction that prohibits or restricts conversion to nonagricultural uses. county. 
(5) (6)  The loss of units contained in assisted housing developments, as defined in paragraph (9) of subdivision (a) of Section 65583, that changed to non-low-income use through mortgage prepayment, subsidy contract expirations, or termination of use restrictions.
(6) The percentage of existing households at each of the income levels listed in subdivision (e) of Section 65584 that are paying more than 30 percent and more than 50 percent of their income in rent.
(7) The rate of overcrowding. High-housing cost burdens. 
(8) The housing needs of farmworkers.
(9) The housing needs generated by the presence of a private university or a campus of the California State University or the University of California within any member jurisdiction.
(10) The housing needs of individuals and families experiencing homelessness. If a council of governments has surveyed each of its  For jurisdictions within the association, as defined in subdivision (a) of Section 65584.10, the maximum allocation that may be distributed to  member jurisdictions pursuant to subdivision (b) on or before January 1, 2020, this paragraph shall apply only to the development of methodologies for the seventh and subsequent revisions of the housing element. Section 65584.10. 
(11) The loss of units during a state of emergency that was declared by the Governor pursuant to the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2), during the planning period immediately preceding the relevant revision pursuant to Section 65588 that have yet to be rebuilt or replaced at the time of the analysis.
(12) The region’s greenhouse gas emissions targets provided by the State Air Resources Board pursuant to Section 65080.
(13) (11)  Any other factors adopted by the council of governments, that further the objectives listed in subdivision (d) of Section 65584, provided that the council of governments specifies which of the objectives each additional factor is necessary to further. The council of governments may include additional factors unrelated to furthering the objectives listed in subdivision (d) of Section 65584 so long as the additional factors do not undermine the objectives listed in subdivision (d) of Section 65584 and are applied equally across all household income levels as described in subdivision (f) of Section 65584 and the council of governments makes a finding that the factor is necessary to address significant health and safety conditions. governments. 
(f) (e)  The council of governments, or delegate subregion, as applicable, shall explain in writing how each of the factors described in subdivision (e) (d)  was incorporated into the methodology and how the methodology furthers the objectives listed in  is consistent with  subdivision (d) of Section 65584. The methodology may include numerical weighting. This information, and any other supporting materials used in determining the methodology, shall be posted on the council of governments’, or delegate subregion’s, internet website. 
(g) The following criteria shall not be a justification for a determination or a reduction in a jurisdiction’s share of the regional housing need:
(1) (f)  Any ordinance, policy, voter-approved measure, or standard of a city or county that directly or indirectly limits the number of residential building permits issued by a city or county. county shall not be a justification for a determination or a reduction in the share of a city or county of the regional housing need. 
(2) (g)  Prior underproduction of housing in a city or county from the previous regional housing need allocation, as determined by each jurisdiction’s annual production report submitted pursuant to subparagraph (H) of paragraph (2) of subdivision (a) of Section 65400. In addition to the factors identified pursuant to subdivision (d), the council of governments, or delegate subregion, as applicable, shall identify any existing local, regional, or state incentives, such as a priority for funding or other incentives available to those local governments that are willing to accept a higher share than proposed in the draft allocation to those local governments by the council of governments or delegate subregion pursuant to Section 65584.05. 
(3) Stable population numbers in a city or county from the previous regional housing needs cycle.
(h) Following the conclusion of the 60-day  public comment period described in subdivision (d) (c)  on the proposed allocation methodology, and after making any revisions deemed appropriate by the council of governments, or delegate subregion, as applicable, as a result of comments received during the public comment period, and as a result of consultation with the department,  each council of governments, or delegate subregion, as applicable, shall publish a draft allocation methodology on its internet website and submit the draft allocation methodology, along with the information required pursuant to subdivision (e),  adopt a final regional, or subregional, housing need allocation methodology and provide notice of the adoption of the methodology to the jurisdictions within the region, or delegate subregion as applicable, and  to the department.
(i) Within 60 days, the department shall review the draft allocation methodology and report its written findings to the council of governments, or delegate subregion, as applicable. In its written findings the department shall determine whether the methodology furthers the objectives listed in subdivision (d) of Section 65584. If the department determines that the methodology is not consistent with subdivision (d) of Section 65584, the council of governments, or delegate subregion, as applicable, shall take one of the following actions:
(1) Revise the methodology to further the objectives listed in subdivision (d) of Section 65584 and adopt a final regional, or subregional, housing need allocation methodology.
(2) Adopt the regional, or subregional, housing need allocation methodology without revisions and include within its resolution of adoption findings, supported by substantial evidence, as to why the council of governments, or delegate subregion, believes that the methodology furthers the objectives listed in subdivision (d) of Section 65584 despite the findings of the department.
(j) If the department’s findings are not available within the time limits set by subdivision (i), the council of governments, or delegate subregion, may act without them.
(k) Upon either action pursuant to subdivision (i), the council of governments, or delegate subregion, shall provide notice of the adoption of the methodology to the jurisdictions within the region, or delegate subregion, as applicable, and to the department, and shall publish the adopted allocation methodology, along with its resolution and any adopted written findings, on its internet website.
(l) The department may, within 90 days, review the adopted methodology and report its findings to the council of governments, or delegate subregion.
(m) (i)  (1) It is the intent of the Legislature that housing planning be coordinated and integrated with the regional transportation plan. To achieve this goal, the allocation plan shall allocate housing units within the region consistent with the development pattern included in the sustainable communities strategy.
(2) The final allocation plan shall ensure that the total regional housing need, by income category, as determined under Section 65584, is maintained, and that each jurisdiction in the region receive an allocation of units for low- and very low income households.
(3) The resolution approving the final housing need allocation plan shall demonstrate that the plan is consistent with the sustainable communities strategy in the regional transportation plan and furthers the objectives listed in subdivision (d) of Section 65584. plan. 

SEC. 2.

 Section 65584.05 of the Government Code is amended to read:

65584.05.
 (a) At least one and one-half years before  prior to  the scheduled revision required by Section 65588, each council of governments and delegate subregion, as applicable, shall distribute a draft allocation of regional housing needs to each local government in the region or subregion, where applicable, and the department,  based on the methodology adopted pursuant to Section 65584.04 and shall publish the draft allocation on its internet website.  and, for the association, as defined in subdivision (a) of Section 65584.10, and delegate subregions within the association, as applicable, based on the compliance with Section 65584.10.  The draft allocation shall include the underlying data and methodology on which the allocation is based, and a statement as to how it furthers the objectives listed in subdivision (d) of Section 65584.  based.  It is the intent of the Legislature that the draft allocation should be distributed before  prior to  the completion of the update of the applicable regional transportation plan. The draft allocation shall distribute to localities and subregions, if any, within the region the entire regional housing need determined pursuant to Section 65584.01 or within subregions, as applicable, the subregion’s entire share of the regional housing need determined pursuant to Section 65584.03.
(b) Within 45 60  days following receipt of the draft allocation, a local government within the region or the delegate subregion, as applicable, or the department may appeal to may request from  the council of governments or the delegate subregion for  subregion, as applicable,  a revision of the its  share of the regional housing need proposed to be allocated to one or more local governments. Appeals  in accordance with the factors described in paragraphs (1) to (9), inclusive, and paragraph (10), if applicable, of subdivision (d) of Section 65584.04, including any information submitted by the local government to the council of governments pursuant to subdivision (b) of that section. The request for a revised share  shall be based upon comparable data available for all affected jurisdictions and accepted planning methodology, and supported by adequate documentation, and shall include a statement as to why the revision is necessary to further the intent of the objectives listed in subdivision (d) of Section 65584. An appeal pursuant to this subdivision shall be consistent with, and not to the detriment of, the development pattern in an applicable sustainable communities strategy developed pursuant to paragraph (2) of subdivision (b) of Section 65080. Appeals shall be limited to any of the following circumstances: documentation. 
(c) Within 60 days after the request submitted pursuant to subdivision (b), the council of governments or delegate subregion, as applicable, shall accept the proposed revision, modify its earlier determination, or indicate, based upon the information and methodology described in Section 65584.04, why the proposed revision is inconsistent with the regional housing need.
(d) If the council of governments or delegate subregion, as applicable, does not accept the proposed revised share or modify the revised share to the satisfaction of the requesting party, the local government may appeal its draft allocation based upon one of the following criteria:
(1) The council of governments or delegate subregion, as applicable, failed to adequately consider the information submitted pursuant to subdivision (b) of Section 65584.04. 65584.04, or a significant and unforeseen change in circumstances has occurred in the local jurisdiction that merits a revision of the information submitted pursuant to that subdivision. 
(2) The council of governments or delegate subregion, as applicable, failed to determine the its  share of the regional housing need in accordance with the information described in, and the methodology established pursuant to, Section 65584.04, and in a manner that furthers, and does not undermine, the intent of the objectives listed in subdivision (d) of Section 65584. to Section 65584.04. 
(3) A significant and unforeseen change in circumstances has occurred in the local jurisdiction or jurisdictions that merits a revision of the information submitted pursuant to subdivision (b) of Section 65584.04. Appeals on this basis shall only be made by the jurisdiction or jurisdictions where the change in circumstances has occurred. The association, as defined in subdivision (a) of Section 65584.10, or delegate subregion within the association, as applicable, failed to determine a local government’s allocation in compliance with Section 65584.10. 
(c) At the close of the period for filing appeals pursuant to subdivision (b), the council of governments or delegate subregion, as applicable, shall notify all other local governments within the region or delegate subregion and the department of all appeals and shall make all materials submitted in support of each appeal available on a publicly available internet website. Local governments and the department may, within 45 days, comment on one or more appeals. If no appeals are filed, the draft allocation shall be issued as the proposed final allocation plan pursuant to paragraph (2) of subdivision (e).
(d) No later than 30 days after the close of the comment period, and after providing all local governments within the region or delegate subregion, as applicable, at least 21 days prior notice, the council of governments or delegate subregion shall conduct one public hearing to consider all appeals filed pursuant to subdivision (b) and all comments received pursuant to subdivision (c).
(e) No later than 45 days after the public hearing pursuant to subdivision (d), the council of governments or delegate subregion, as applicable, shall do both of the following:
(1) (e)  Make a final determination that either accepts, rejects, or modifies each appeal for a revised share filed pursuant to subdivision (b). Final determinations shall be based upon the information and methodology described in Section 65584.04 and whether the revision is necessary to further the objectives listed in subdivision (d) of Section 65584. The final determination  The council of governments or delegate subregion, as applicable, shall conduct public hearings to hear all appeals within 60 days after the date established to file appeals. The local government shall be notified within 10 days by certified mail, return receipt requested, of at least one public hearing on its appeal. The date of the hearing shall be at least 30 days and not more than 35 days after the date of the notification. Before taking action on an appeal, the council of governments or delegate subregion, as applicable, shall consider all comments, recommendations, and available data based on accepted planning methodologies submitted by the appellant. The final action of the council of governments or delegate subregion, as applicable, on an appeal  shall be in writing and shall include written findings as to how the determination information and other evidence explaining how its action  is consistent with this article. The final determination action  on an appeal may require the council of governments or delegate subregion, as applicable, to adjust the share of the regional housing need allocated to one or more local governments that are allocation of a local government that is  not the subject of an appeal.
(2) (f)  Issue  The council of governments or delegate subregion, as applicable, shall issue  a proposed final allocation plan. within 45 days after the completion of the 60-day period for hearing appeals. The proposed final allocation plan shall include responses to all comments received on the proposed draft allocation and reasons for any significant revisions included in the final allocation. 
(f) (g)  In the proposed final allocation plan, the council of governments or delegate subregion, as applicable, shall adjust allocations to local governments based upon the results of the appeals process.  revision request process and the appeals process specified in this section.  If the adjustments total 7 percent or less of the regional housing need determined pursuant to Section 65584.01, or, as applicable, total 7 percent or less of the subregion’s share of the regional housing need as determined pursuant to Section 65584.03, then the council of governments or delegate subregion, as applicable, shall distribute the adjustments proportionally to all local governments. If the adjustments total more than 7 percent of the regional housing need, then the council of governments or delegate subregion, as applicable, shall develop a methodology to distribute the amount greater than the 7 percent to local governments. The  In no event shall the  total distribution of housing need shall not  equal less than the regional housing need, as determined pursuant to Section 65584.01, nor shall the subregional distribution of housing need equal less than its share of the regional housing need as determined pursuant to Section 65584.03. Two or more local governments may agree to an alternate distribution of appealed housing allocations between the affected local governments. If two or more local governments agree to an alternative distribution of appealed housing allocations that maintains the total housing need originally assigned to these communities, then the council of governments shall include the alternative distribution in the final allocation plan. 
(g) (h)  Within 45 days after the issuance of the proposed final allocation plan by the council of governments and each delegate subregion, as applicable, the council of governments shall hold a public hearing to adopt a final allocation plan. To  Subject to an order from a court pursuant to Section 65584.11, to  the extent that the final allocation plan fully allocates the regional share of statewide housing need, as determined pursuant to Section 65584.01 and has taken into account all appeals,  65584.01,  the council of governments shall have final authority to determine the distribution of the region’s existing and projected housing need as determined pursuant to Section 65584.01. The council of governments shall submit its final allocation plan to the department within three days of adoption. Within 30 60  days after the department’s receipt of the final allocation plan adopted by the council of governments, the department shall determine if  whether or not  the final allocation plan is consistent with the existing and projected housing need for the region, as determined pursuant to Section 65584.01. The department may revise the determination of the council of governments if necessary to obtain this consistency.
(h) (i)  Any authority of the council of governments to review and revise the share of a city or county of the regional housing need under this section shall not constitute authority to revise, approve, or disapprove the manner in which the share of the city or county of the regional housing need is implemented through its housing program.
(i) Any time period in subdivision (d) or (e) may be extended by a council of governments or delegate subregion, as applicable, for up to 30 days.
(j) The San Diego Association of Governments may follow the process in this section for the draft and final allocation plan for the sixth revision of the housing element notwithstanding such actions being carried out before the adoption of an updated regional transportation plan and sustainable communities strategy.

SEC. 3.

 Section 65584.10 is added to the Government Code, to read:

65584.10.
 (a) For purposes of this section and Sections 65584.04, 65584.05, and 65584.11, the “association” is the Southern California Association of Governments.
(b) For the fifth and subsequent revisions of the housing element pursuant to Section 65588, the methodology developed by the association or delegate subregion within the association, as applicable, pursuant to Section 65584.04, shall ensure that no jurisdiction within the association, or within the delegate subregion, as applicable, receives an allocation of the regional housing need in excess of the limit prescribed in subdivision (c).
(c) The final allocation plan adopted by the association pursuant to subdivision (h) of Section 65584.05 shall not allocate to any one jurisdiction within the association a share of the regional housing need that results in a jurisdiction receiving an allocation, as a percentage of the total need for the subregional council of governments within which the jurisdiction is located, that is more than 20 percent than the jurisdiction’s population, as a percentage of the total population of the subregional council of governments within which the jurisdiction is located. For purposes of this subdivision, the following shall apply:
(1) A jurisdiction’s and subregional council of government’s population shall be the respective populations estimated at the time of the adoption of the methodology pursuant to Section 65584.04.
(2) A “subregional council of governments” is any subregional council of governments within the association created by a joint powers agreement pursuant to Chapter 5 (commencing with Section 6500) of Division 7 of Title 1, regardless of whether the subregional council of governments has accepted delegation pursuant to this article.
(3) The calculation of a jurisdiction’s percentage allocation shall be based upon the jurisdiction’s total allocation for all income levels and shall not be based upon either one income level or a combination of income levels that is less than the jurisdiction’s total allocation for all income levels.
(4) The calculation of a subregional council of government’s percentage allocation shall be based upon the subregional council of government’s total allocation for all income levels and shall not be based upon either one income level or a combination of income levels that is less than the subregional council of government’s total allocation for all income levels.

SEC. 4.

 Section 65584.11 is added to the Government Code, to read:

65584.11.
 (a) The final allocation plan adopted by a council of governments pursuant to subdivision (h) of Section 65584.05, and all actions taken by a council of governments or delegate subregion, as applicable, in furtherance of the adoption of the final allocation plan, shall be subject to judicial review to ensure consistency with the requirements of this article. Judicial action brought pursuant to this section shall be filed no later than 90 days after the adoption of the final allocation plan by the council of governments. The action shall be filed in a superior court located within the boundary of the council of governments adopting the final allocation plan that is subject to the judicial challenge.
(b) If a court finds that the requirements of this article have not been met, the court shall order the council of governments or delegate subregion, as applicable, to take any and all actions necessary for compliance. If a court finds that the final allocation plan adopted by a council of governments pursuant to subdivision (h) of Section 65584.05 allocates to a jurisdiction or jurisdictions a share of the regional housing need in violation of the requirements of this article, a court shall order the council of governments to adopt a revised final allocation plan that allocates to the jurisdiction or jurisdictions a share of the regional housing need in compliance with the requirements of this article.
(1) If the regional housing need for the council of governments as determined by Section 65584.01, or subregional distribution of housing need as determined by Section 65584.03, is a range of dwelling units, then a court may order the council of governments to reduce, as part of the revised final allocation plan, only the allocations found to be in violation of this article without ordering adjustments to the allocations to other jurisdictions, if the minimum number of dwelling units within the range of the regional housing need or subregional distribution, as applicable, can be maintained.
(2) If the regional housing need for the council of governments as determined by Section 65584.01, or the subregional distribution of housing need as determined by Section 65584.03, is not a range of dwelling units, or if the minimum number of dwelling units within a range cannot be maintained after reducing only the allocations found to be in violation of this article, then a court may order the council of governments to reduce, as part of the revised final allocation plan, only the allocations found to be in violation of this article and to distribute the adjustments proportionately to the other jurisdictions within the council of governments or delegate subregion, as applicable, so that the regional housing need or minimum number of dwelling units within a range as determined pursuant to Section 65584.01 or 65584.03, as applicable, can be maintained.
(3) If the court orders reductions or adjustments to the final allocation plan pursuant to this section, then the court shall also order that, in no event shall the total distribution of housing need equal less than the regional housing need, as determined pursuant to Section 65584.01, nor shall the subregional distribution of housing need equal less than its share of the regional housing need as determined pursuant to Section 65584.03.
(c) A council of governments shall adopt a revised final allocation plan ordered by a court pursuant to this section. A revised final allocation plan adopted pursuant to a court order shall be final and shall not be subject to an appeal to the council of governments, or delegate subregion, as applicable. The court shall maintain jurisdiction over the council of governments and delegate subregion, as applicable, to ensure compliance with any order issued pursuant to this section.
(d) The council of governments shall submit to the department a revised final allocation plan ordered by a court pursuant to this section within three days of adoption by the council of governments. Within 60 days after the department’s receipt of the revised final allocation plan, the department shall determine whether or not the revised final allocation plan is consistent with the existing and projected housing need for the region, as determined pursuant to Section 65584.01. If the department determines the revised final allocation plan is not consistent with the existing and projected housing need for the region, the Attorney General, acting on behalf of the department, may petition the court with continuing jurisdiction over the council of governments and delegate subregion, as applicable, to enforce this consistency.
(e) If a revised final allocation plan ordered by a court pursuant to this section results in an adjustment to a jurisdiction’s allocation of the regional housing need when compared to the jurisdiction’s allocation pursuant to the final allocation plan previously adopted by the council of governments pursuant to subdivision (h) of Section 65584.05, then the jurisdiction shall, in accordance with Section 65585, adopt an amendment to its housing element to accommodate the adjusted allocation.