Today's Law As Amended

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AB-1483 Housing data: collection and reporting.(2019-2020)



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 standards, forms, and definitions adopted by the Department of Housing and Community Development. The department may review, adopt, amend, and repeal the standards, forms, or definitions, to implement this article. Any standards, forms, or definitions adopted to implement this article shall not be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2. Before 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 number of housing development applications received in the prior year.
(D) The number of units included in all development applications in the prior year.
(E) The number of units approved and disapproved in the prior year.
(F) 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.
(G) A listing of sites rezoned to accommodate that portion of the city’s or county’s share of the regional housing need for each income level that could not be accommodated on sites identified in the inventory required by paragraph (1) of subdivision (c) of Section 65583 and Section 65584.09. The listing of sites shall also include any additional sites that may have been required to be identified by Section 65863.
(H) The number of net new units of housing, including both rental housing and for-sale housing, that have been issued a completed entitlement, a building permit, or a certificate of occupancy, thus far in the housing element cycle, and the income category, by area median income category, that each unit of housing satisfies. That production report shall, for each income category described in this subparagraph, distinguish between the number of rental housing units and the number of for-sale units that satisfy each income category. The production report shall include, for each entitlement, building permit, or certificate of occupancy, a unique site identifier which must include the assessor’s parcel number, but may include street address, or other identifiers.
(I) The number of applications submitted pursuant to subdivision (a) of section Section  65913.4, the location and the total number of developments approved pursuant to subdivision (b) of section Section  65913.4, the total number of building permits issued pursuant to subdivision (b) of section Section  65913.4, the total number of units including both rental housing and for-sale housing by area median income category constructed using the process provided for in subdivision (b) of section Section  65913.4.
(J) The information required in paragraph (1) of subdivision (a) of Section 65940.1.
(K) All of the following information regarding each housing development project located within the local agency:
(i) The name of the applicant.
(ii) The date the housing development project application was received, and the date it has been deemed complete or incomplete pursuant to Section 65943.
(iii) A list of permissions that the housing development project has received.
(iv) The local public bodies, including but not limited to, administrative bodies, elected bodies, and appointed bodies, that have approved the project and the dates permits were issued by those public bodies.
(v) The additional local public bodies that will be required to review the project application before it can be deemed complete.
(vi) The permissions issued under a ministerial process, and, if known by the planning agency, the additional permissions that will be reviewed through a ministerial process.
(vii) The additional permissions needed to obtain a certificate of occupancy for the housing development project.
(viii) Whether the project has been, or the planning agency knows the project will be, subject to environmental review under the California Environmental Quality Act, Division 13 (commencing with Section 21000) of the Public Resources Code.
(ix) Whether the parcel or parcels of the housing development project qualify as an infill site pursuant to Section 21061.3 of Public Resource Code.
(x) Whether the application was submitted pursuant to Section 65852.2 or Section 65852.22.
(xi) Building permits issued pursuant to Sections 65852.2 and 65852.22.
(xii) Whether the project is seeking any bonus, concession, or waiver under Section 65915.
(xiii) For purposes of this subparagraph, “permissions” includes, but is not limited to, entitlements, building permits, conditional use permits, and zoning variances.
(L) Local density bonus ordinances, inclusionary zoning ordinances, rent stabilization or anti-rent-gouging ordinances, accessory dwelling unit ordinances, and any local ordinance that establishes local requirements or incentives for the development or preservation of affordable or rent-controlled housing.
(M) Information that is useful to enforce state and local housing law and policy, including, but not limited to, the following:
(i) Article 10.6 (commencing with Section 65580).
(ii) Housing Accountability Act (Section 65589.5).
(iii) The Density Bonus Law (Section 65915).
(iv) The Ellis Act (Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 of the Government Code).
(v) Section 65913.4.
(vi) Sections 65852.2 and 65852.22.
(vii) Article 8 (commencing with Section 54220) of Chapter 5 of Part 1 of Division 2 of Title 5.
(viii) The Permit Streamlining Act (Chapter 4.5 (commencing with Section 65920)).
(ix) Chapter 4.9 (commencing with Section 65995)
(x) The Mitigation Fee Act (Chapter 5 (commencing with Section 66000), Chapter 6 (commencing with Section 66010), Chapter 7 (commencing with Section 66012), Chapter 8 (commencing with Section 66016), and Chapter 9 (commencing with Section 66020)).
(N) Any other information the Department of Housing and Community Development deems necessary or useful to further safe, secure, sustainable, abundant, or affordable housing for all Californians, and to meet overall state housing needs.
(b) (1) (A) A metropolitan planning organization, by a majority vote of its governing board, may submit a request to the Department of Housing and Community Development to require that a planning agency for a county or a city located within the territorial boundaries of the metropolitan planning organization provide data regarding housing production within the county or city. The request shall be prepared through the use of standards, forms, and definitions adopted by the Department of Housing and Community Development.
(B) A metropolitan planning organization that requests housing data pursuant to this subdivision shall collaborate with the county or city from which the data is sought to establish the scope of the requested data, so as to ensure that the request does not create an undue burden on the staff of the county or city.
(C) The Department of Housing and Community Development shall grant a request for housing data pursuant to this subdivision, and shall require the planning agency of the county or city that is the subject of the request to provide that data to the metropolitan planning organization, if it determines that all of the following apply:
(i) The request is justified on the basis of furthering safe, secure, sustainable, abundant, or affordable housing, and helping the state meet its overall housing needs.
(ii) The metropolitan planning organization has collaborated with the county or city to establish the scope of the requested data.
(iii) The scope of the requested data does not create an undue burden on the staff of the county or city.
(iv) The metropolitan planning organization has agreed to provide, or has proposed to enter into an agreement with the department to provide, technical assistance to the county or city to fulfill the request, in accordance with paragraph (2).
(2) If the Department of Housing and Community Development grants a request for housing data pursuant to this subdivision, the metropolitan planning organization shall provide, or enter into an agreement with the department to provide, technical assistance to the planning agency of the county or city that was the subject of the request in order to fulfill that request.
(D) The department may review, adopt, amend, and repeal the standards, forms, or definitions, to implement this subdivision. Any standards, forms, or definitions adopted to implement this subdivision shall not be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2.
(J) (c)  The Department of Housing and Community Development shall post a report submitted may assess the accuracy of the information submitted as part of the annual report required pursuant to paragraph (2) of subdivision (a). If the department determines that any report submitted to it by a planning agency  pursuant to this paragraph on its Internet Web site within a reasonable time of receiving the report.  section contains inaccurate information, the department may require that the planning agency correct that inaccuracy. 
(b) (d)  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.
(e) For purposes of this section, “housing development project” means any development project that includes residential units.
(f) The Department of Housing and Community Development shall post each report submitted pursuant to paragraph (2) of subdivision (a) on its internet website within a reasonable time of receiving the report.

SEC. 2.

 Section 65940.1 is added to the Government Code, to read:

65940.1.
 (a) (1) A city or county shall make all of the following available on its internet website:
(A) A current schedule of fees applicable to a proposed housing development project, which shall be presented in a manner that clearly identifies the fees that apply to each parcel.
(B) All zoning ordinances and development standards, which shall specify the zoning, design and development standards that apply to each parcel sufficient to document permissible use and scale of development. Beginning January 1, 2020, the city or county shall also maintain and annually update a publicly accessible archive of its zoning ordinances and development standards.
(C) The list required to be compiled pursuant to Section 65940.
(2) The information required to be made available under this subdivision shall be prepared and presented through the use of standards, forms, and definitions adopted by the Department of Housing and Community Development.
(3) A city or county shall update the information made available under this subdivision within two business days of the changes.
(4) A city or county shall forward updated information made available under this subdivision within one month of the changes to the Department of Housing and Community Development, and the applicable metropolitan planning organization and council of governments.
(b) The department may review, adopt, amend, and repeal the standards, forms, or definitions, to implement this section. Any standards, forms, or definitions adopted to implement this section shall not be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2.
(c) For purposes of this section:
(1) “Exaction” means any of the following:
(A) A fee or charge described in the Mitigation Fee Act (Chapter 5 (commencing with Section 66000), Chapter 6 (commencing with Section 66010), Chapter 7 (commencing with Section 66012), Chapter 8 (commencing with Section 66016), and Chapter 9 (commencing with Section 66020)).
(B) A construction excise tax.
(C) A requirement that the housing development project sell or rent units at a specified price or rent or a comparable compliance option.
(D) A requirement that the housing development project provide public art or an in lieu payment.
(E) A requirement to establish or annex into a special district that will impose a tax or assessment for the purpose of providing infrastructure or services necessitated by the housing development project.
(F) This section shall be construed to alter the existing authority of a city or county to adopt or impose an exaction.
(2) “Housing development project” means any development project that includes residential units.

SEC. 4.SEC. 3.

 Section 50452 of the Health and Safety Code is amended to read:

50452.
 (a)  The department shall update and provide a revision of the California Statewide Housing Plan to the Legislature by January 1, 2006, by January 1, 2009, and every four years thereafter. The revisions shall contain all of the following segments:
(a) (1)  A comparison of the housing need for the preceding four years with the amount of building permits issued and mobilehome units sold in those fiscal years.
(b) (2)  A revision of the determination of the statewide need for housing development specified in subdivision (b) of Section 50451 for the current year and projected four additional years ahead.
(c) (3)  A revision of the housing assistance goals specified in subdivision (c) of Section 50451 for the current year and projected four additional years ahead.
(d) (4)  A revision of the evaluation required by subdivision (a) of Section 50451 as new census or other survey data become available. The revision shall contain an evaluation and summary of housing conditions throughout the state and may highlight data for multicounty or regional areas, as determined by the department. The revision shall include a discussion of the housing needs of various population groups, including, but not limited to, the elderly persons, disabled persons, large families, families where a female is the head of the household, and farmworker households.
(e) (5)  An updating of recommendations for actions by federal, state, and local governments and the private sector which will facilitate the attainment of housing goals established for California.
(6) For the next revision of the plan on or after January 1, 2020, and each subsequent revision thereafter, a 10-year housing data strategy that identifies the data useful to enforce existing housing laws and inform state housing policymaking. In developing this data strategy, the department shall establish a workgroup that includes, but is not limited to, representatives from the Department of Technology, metropolitan planning organizations, local governments, relevant academic institutions, and nonprofits with relevant expertise selected by the department. The strategy shall include the following:
(A) An evaluation of data priorities.
(B) A strategy for how to achieve more consistent terminology for housing data across the state.
(C) An evaluation of the costs and benefits of, and the ways the department could support, a more integrated digital land use management system, building permit application management system, and other tools that would minimize resources needed for jurisdictions to submit required data.
(D) Information that should be reported under paragraph (2) of subdivision (a) of Section 65400, including, but not limited to, information that:
(i) Supports enforcement of laws, policies, and informs efforts to preserve existing affordable housing stock.
(ii) Supports enforcement of laws, policies, and informs efforts to protect tenants, and ensure habitability of existing housing stock.
(iii) Provides a better understanding of housing project appeals, approvals, delays, and denials, including any relevant data from courts and other state departments.
(iv) Provides an understanding of the process, certainty, cost, and time to approve housing and affordable housing projects.
(E) An assessment of the quality of data submitted by annual reports and recommended changes to annual report requirements and technical assistance based on this assessment.
(F) An assessment of the nature and cost of staffing and technology required for the department and local governments to meet data goals and requirements over the 10-year strategy period.
(b)  The Legislature may review the plan and the updates of the plan and transmit its comments on the plan or updates of the plan to the Governor, the Secretary of Business, Consumer Services and Housing, and the Director of Housing and Community Development.

SEC. 4.

 Section 50457.5 is added to the Health and Safety Code, to read:

50457.5.
 (a) (1) Beginning January 1, 2021, counties, as part of their annual report required pursuant to paragraph (2) of subdivision (a) of Section 65400 of the Government Code, shall submit parcel boundaries, the number of residential units on each parcel, and other data for each parcel collected by county assessors, as determined by the department.
(2) The department shall set standards, forms and definitions for the collection of this data, with input from the county assessors.
(3) The department shall establish an exemption policy that allows a county with a population under 100,000 to request an annual exemption for up to five years.
(4) The department may review, adopt, amend, and repeal the standards, forms, or definitions, to implement this subdivision. Any standards, forms, or definitions adopted to implement this subdivision shall not be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2.
(b) (1) The department, or another state entity designated by the department, shall collect and publish the parcel data submitted pursuant to subdivision (a) in a statewide parcel geographic database. Each parcel published in the database shall have a unique identifier.
(2) The department shall track parcel boundary changes, mergers, and subdivisions in the database.
(3) The department shall determine the frequency and format that counties must submit parcel boundary changes and other parcel data that occur between annual progress reports.
(4) The department shall archive the state parcel database at least annually and make the archives publicly available.
(5) All housing data reported to the state or created by the state, including, but not limited to, the data reported in paragraph (2) of subdivision (a) of Section 65400 of the Government Code, shall be reported with a statewide parcel unique identifier to the extent feasible. The statewide parcel geographic database shall, at a parcel level, connect as many different housing data sets as feasible.
(6) The department may anonymize ownership information of individual parcels where it determines that there are legitimate physical threats to the property owner that would result from publishing ownership information.

SEC. 5.

 Section 50469 is added to the Health and Safety Code, to read:

50469.
 (a) The department shall publicly publish all data on its internet website and on the California Open Data Portal and shall publish its data policies and standards in the same location.
(b) The department, in collaboration with the Department of Technology and other stakeholders selected by the department, shall establish open data standards. The open data standards shall require data provided to the department by local jurisdictions, department contractors, or department grantees, and data produced by the department to comply with the following:
(1) The data shall be provided in open formats and be machine readable, and to the extent possible, structured and machine processable. All data shall be provided in comprehensive and appropriate formats to maximize technical access and reuse, the quality of published information, and to facilitate its distribution.
(2) The data shall be provided to the public at no charge and with no technical restrictions for access.
(3) The data should have an appropriate standard citation recommendation provided alongside that data.
(4) Data shall be published as bulk data, enabling the downloading of all information in a database at once. The data shall be accessible via API, allowing third parties to search and retrieve data directly from the databases.
(5) The department shall develop a common and core metadata scheme for the data.
(6) The department shall provide a summary of the process that was used to create the dataset.
(7) The department shall develop and disseminate a unique parcel identifier scheme that shall be used by all datasets. To the extent possible, the unique identifier scheme shall require data to use the statewide parcel number as a unique identifier.
(8) The department shall document changes to datasets to include appropriate version tracking and archiving over time.

SEC. 6.

 Section 50515 is added to the Health and Safety Code, to read:

50515.
 Upon request of a local public entity required to submit an annual report to the department pursuant to paragraph (2) of subdivision (a) of Section 65400 of the Government Code, the department shall provide technical assistance to that local public entity in providing the information required pursuant to subdivision (b) of Section 65400 of the Government Code.
SEC. 7.
 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.