Today's Law As Amended


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AB-663 Coastal resources: low- and moderate-income housing.(2017-2018)



As Amends the Law Today


SECTION 1.

 Section 30213 of the Public Resources Code is amended to read:

30213.
 (a)  Lower cost visitor and recreational facilities  facilities, and housing opportunities for persons of low and moderate income in the coastal zone  shall be protected, encouraged, and, where feasible, provided. Developments providing public recreational opportunities are preferred.
(b)  The commission shall not: (1) require that overnight room rentals be fixed at an amount certain for any privately owned and operated hotel, motel, or other similar visitor-serving facility located on either public or private lands; or (2) establish or approve any method for the identification of low or moderate income persons for the purpose of determining eligibility for overnight room rentals in any such facilities.
(c) The commission shall, no later than January 1, 2019, adopt interpretive guidelines for the development, implementation, and construction of housing opportunities for persons of low- and moderate-income in the coastal zone.
(d) Nothing in this section authorizes the commission to permit residential uses on filled or unfilled tidelands or submerged lands in this state.
(e) This section shall remain in effect only until January 1, 2023, and as of that date is repealed.

SEC. 2.

 Section 30213 is added to the Public Resources Code, to read:

30213.
 (a) Lower cost visitor and recreational facilities shall be protected, encouraged, and, where feasible, provided. Developments providing public recreational opportunities are preferred.
(b) The commission shall not: (1) require that overnight room rentals be fixed at an amount certain for any privately owned and operated hotel, motel, or other similar visitor-serving facility located on either public or private lands; or (2) establish or approve any method for the identification of low or moderate income persons for the purpose of determining eligibility for overnight room rentals in any such facilities.
(c) This section shall become operative on January 1, 2023.

SEC. 3.

 Section 30500.1 of the Public Resources Code is amended to read:

30500.1.
 (a)  No local coastal program shall be required to include housing policies and programs.
(b) This section shall become inoperative beginning January 1, 2018, until January 1, 2023.

SEC. 4.

 Section 30600.1 of the Public Resources Code is amended to read:

30600.1.
 (a) In the event that an applicant for a coastal development permit had, prior to January 1, 1982, received from the appropriate local government final discretionary approval to proceed with a proposed development, but had not been issued a coastal development permit prior to that date, the provisions of subdivision (b) or (c) shall apply to any requirements for housing for persons or families of low or moderate income which may be applicable to the proposed development.
(b) In the event that the commission has approved an application for a coastal development permit, but the applicant has not complied with conditions in regard to such housing which that  were imposed by the commission as part of its approval, the applicant shall do either of the following:
(1) Comply with the housing and other applicable conditions imposed by the commission, in which event the coastal development permit shall be issued and the provisions of Section 65590 of the Government Code shall not apply to the development.
(2) Apply to the appropriate local government as provided in Section 65590.1 of the Government Code to have that local government apply the requirements of Section 65590 of the Government Code to the proposed development, in which event, no condition previously imposed by the commission with respect to such housing shall be applicable to the proposed development.
(c) In the event that application has not been acted upon prior to January 1, 1982, the commission shall process the application as otherwise required by this division, but shall not impose any condition or requirement with respect to housing for persons or families of low or moderate income on the proposed development. The applicant shall apply to the appropriate local government as provided in Section 65590.1 of the Government Code to have that local government apply the requirements of Section 65590 of the Government Code to the proposed development. The commission, at its discretion, may defer action on this application until the local government has acted to apply the requirements of Section 65590 of the Government Code. The time limits otherwise applicable to commission action on this application shall be stayed during any such period of deferral. If however any such application is for a conversion of a residential dwelling as defined in paragraph (1) of subdivision (g) of Section 65590 of the Government Code, the commission shall not defer processing of such application but shall defer the final issuance of a coastal development permit until the local government has applied the requirements of Section 65590 of the Government Code.
(d) This section shall not apply to any coastal development permit application acted upon between January 1, 2018, and January 1, 2023.

SEC. 5.

 Section 214.06 of the Revenue and Taxation Code, as added by Section 3 of Chapter 693 of the Statutes of 2014, is amended to read:

214.06.
 (a) (1)  Notwithstanding any other law, on or after January 1, 2015, a local government shall not enter into a payment in lieu of taxes (PILOT) agreement with a property owner of a low-income housing project. Any PILOT agreement entered into in violation of this subdivision shall be void and unenforceable.
(b) (2)  An inference shall not be drawn from the enactment of this section with regard to whether the law, as it read prior to January 1, 2015, authorized a local government to enter into a PILOT agreement.
(b) Notwithstanding any other law, on or after January 1, 2018, the California Coastal Commission shall not enter into a PILOT agreement with a property owner of a low-income housing project. Any PILOT agreement entered into in violation of this subdivision shall be void and unenforceable.