Today's Law As Amended


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AB-68 Department of Housing and Community Development: California Statewide Housing Plan: annual reports.(2021-2022)



As Amends the Law Today


SECTION 1.

 Chapter 1.5 (commencing with Section 50420) is added to Part 2 of Division 31 of the Health and Safety Code, to read:

CHAPTER  1.5. Statewide Housing Plan
50420.
 For purposes of this chapter:
(a) “Department” means the Department of Housing and Community Development.
(b) “Plan” means the California Statewide Housing Plan described in Section 50421.
50421.
 There is a California Statewide Housing Plan that was developed in cooperation with the private housing industry as well as regional and local housing and planning agencies and other agencies of the state. The plan serves as a state housing plan for all relevant purposes.
50422.
 The plan shall incorporate a statement of housing goals, policies, and objectives, as well as all of the following segments:
(a) An evaluation and summary of housing conditions throughout the state, with particular emphasis upon the availability of housing for all economic segments of the state. The evaluation shall include summary statistics for all counties, all multicounty metropolitan areas, and rural areas, as defined and designated by the Bureau of the Census of the United States Department of Commerce, rather than as defined in Section 50101. The evaluation shall include the existing distribution of housing by type, size, gross rent, value, and, to the extent data is available, condition, and the existing distribution of households by gross income, size, and ethnic character for each of those areas.
(b) A determination of the statewide need for housing development for the year the plan is revised and projected four additional years ahead. The determination of statewide need shall be established as the minimum number of units necessary to be built or rehabilitated in order to provide sufficient housing to house all residents of the state in standard, uncrowded units in suitable locations.
(c) Goals for the provision of housing assistance for the year the plan is revised and projected four additional years ahead. The goals shall be established as the minimum number of households to be assisted that will result in achieving, by the fourth subsequent year, a substantial reduction in the number of very low income households and other persons and families of low or moderate income constrained to pay more than 30 percent of their gross income for housing. Income groups to be considered in establishing the goals shall be designated by the department and shall include households a significant number of which are required to pay more than 30 percent of their gross income for housing in the fiscal year the plan is revised, as determined by the department.
(d) An identification of governmental and nongovernmental constraints and obstacles and specific recommendations for their removal.
(e) An analysis of state and local housing and building codes and their enforcement. The analysis shall include consideration of whether those codes contain sufficient flexibility to respond to new methods of construction and new materials.
(f) Recommendations for actions by federal, state, and local governments and the private sector that will contribute to the attainment of the housing goals established for California.
(g) A housing strategy that coordinates the housing assistance and activities of state and local agencies, including the provision of housing assistance for various population groups including, but not limited to, elderly persons, persons with disabilities, large families, families where a female is the head of the household, farmworker households, and other specific population groups as deemed appropriate by the department. To inform the strategy, the department shall, to the extent possible, do the following:
(1) Consider information compiled by relevant state and local agencies on aging, and from provider and consumer organizations as available.
(2) Consult with various state departments, including the California Department of Aging, the State Department of Social Services, the State Department of Health Care Services, the Employment Development Department, the State Department of Developmental Services, and other state departments or agencies to obtain information deemed relevant to the housing needs of populations addressed in the housing strategy. This paragraph shall not be construed to require activity beyond the customary scope of the department’s planning process.
(h) A review of housing assistance policies, goals, and objectives affecting the homeless.
50423.
 (a) The department shall update and provide a revision of the 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:
(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.
(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.
(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.
(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.
(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 nonprofit organizations with relevant expertise selected by the department. The strategy shall include, but is not limited to, 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 must 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.
(G) Information that is useful to enforce state and local housing law and policy, including, but not limited to, enforcement of anti-rent gouging and just cause for eviction policies and ordinances.
(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.
50424.
 The plan developed pursuant to Section 50450 shall provide a reference guide for local housing market studies and for local housing elements required by Section 65302 of the Government Code. It is also intended to provide a framework for local housing plans.
50425.
 The goals and recommendations adopted for the plan shall be published once adopted, and shall be republished as revisions are adopted. The plan shall be published and made available to the public on the department’s internet website.
50426.
 Each update and revision to the plan occurring on or after January 1, 2022, shall incorporate all of the following:
(a) An inventory of all of the following:
(1) The number of affordable units needed to meet the state’s affordable housing needs for the plan period.
(2) The estimated cost of developing the units needed to close the gap between the state’s existing affordable housing supply and what is needed.
(3) All financial resources available to each housing agency for the development, acquisition, and preservation of affordable housing.
(4) The expected number of units able to be produced with the state’s financial resources.
(5) The amount of financial resources the state will need to obtain from other sources, including, but not limited to, federal, local, and private sources, to meet the remaining gap in needed units, if any.
(6) A plan for how the state’s financial and other resources can best be used to maximize units developed and reduce cost burden and overcrowding.
(b) (1) All of the following to address homelessness in the state:
(A) An identification of strategies to help individuals experiencing homelessness.
(B) An analysis of local government policies that present barriers to serving individuals experiencing homelessness.
(C) Data from the statewide gaps and needs analysis on homelessness, should such an analysis be conducted.
(2) The plan’s homelessness provisions shall be based on recommendations from the Homeless Coordinating and Financing Council.
(c) The plan shall incorporate technical updates and provide technical recommendations, including, but not limited to, both of the following:
(1) Recommendations for modernizing statutory and regulatory terminology.
(2) Updating cross references to relevant reports and studies relied on in the plan and used in this part.

SEC. 2.

 Chapter 1.6 (commencing with Section 50430) is added to Part 2 of Division 31 of the Health and Safety Code, to read:

CHAPTER  1.6. Annual Reporting
50430.
 The department shall develop and publish an annual report by December 31 of each year that provides all of the following information regarding grant programs administered by the department during the previous fiscal year:
(a) The median time between the issuance of award letters and the issuance of funding.
(b) A comparison of how the median time between award letter and funding varies across department administered programs.
(c) Changes to the median time between the issuance of award letters and the issuance of funding for each program since the previous annual report.
50431.
 The department shall develop and publish an annual report by December 31 of each year that includes all of the following information regarding housing element enforcement actions that were active during the previous fiscal year pursuant to Section 65585 of the Government Code:
(a) The number of housing element enforcement actions taken against cities and counties.
(b) The outcomes of those enforcement actions.
(c) The median time between the initiation of each enforcement action and its resolution.
50432.
 Each annual report required under this chapter shall be published and made available to the public on the department’s internet website.
50433.
 The reporting requirements of this chapter shall not relieve the department from developing or publishing any other report required under any other law.

SEC. 3.

 Section 50450 of the Health and Safety Code is repealed.

50450.
 There is a California Statewide Housing Plan that was developed in cooperation with the private housing industry as well as regional and local housing and planning agencies and other agencies of the state. The plan serves as a state housing plan for all relevant purposes.

SEC. 4.

 Section 50451 of the Health and Safety Code is repealed.

50451.
 The California Statewide Housing Plan shall incorporate a statement of housing goals, policies, and objectives, as well as all of the following segments:
(a) An evaluation and summary of housing conditions throughout the state, with particular emphasis upon the availability of housing for all economic segments of the state. The evaluation shall include summary statistics for all counties, all multicounty metropolitan areas, and rural areas, as defined and designated by the Bureau of the Census of the United States Department of Commerce, rather than as defined in Section 50101. The evaluation shall include the existing distribution of housing by type, size, gross rent, value, and, to the extent data is available, condition, and the existing distribution of households by gross income, size, and ethnic character for each of those areas.
(b) A determination of the statewide need for housing development for the year the plan is revised and projected four additional years ahead. The determination of statewide need shall be established as the minimum number of units necessary to be built or rehabilitated in order to provide sufficient housing to house all residents of the state in standard, uncrowded units in suitable locations.
(c) Goals for the provision of housing assistance for the year the plan is revised and projected four additional years ahead. The goals shall be established as the minimum number of households to be assisted that will result in achieving, by the fourth subsequent year, a substantial reduction in the number of very low income households and other persons and families of low or moderate income constrained to pay more than 30 percent of their gross income for housing. Income groups to be considered in establishing the goals shall be designated by the department and shall include households a significant number of which are required to pay more than 30 percent of their gross income for housing in the fiscal year the plan is revised, as determined by the department.
(d) An identification of governmental and nongovernmental constraints and obstacles and specific recommendations for their removal.
(e) An analysis of state and local housing and building codes and their enforcement. The analysis shall include consideration of whether those codes contain sufficient flexibility to respond to new methods of construction and new materials.
(f) Recommendations for actions by federal, state, and local governments and the private sector that will contribute to the attainment of the housing goals established for California.
(g) A housing strategy that coordinates the housing assistance and activities of state and local agencies, including the provision of housing assistance for various population groups including, but not limited to, elderly persons, persons with disabilities, large families, families where a female is the head of the household, farmworker households, and other specific population groups as deemed appropriate by the department. To inform the strategy, the department shall, to the extent possible, do the following:
(1) Consider information compiled by the University of California pursuant to Section 9101.5 of the Welfare and Institutions Code, and from provider and consumer organizations as available.
(2) Consult with various state departments, including the California Department of Aging, the State Department of Social Services, the State Department of Health Care Services, the Employment Development Department, the State Department of Developmental Services, and other state departments or agencies to obtain information deemed relevant to the housing needs of populations addressed in the housing strategy. This paragraph shall not be construed to require activity beyond the customary scope of the department’s planning process.
(h) A review of housing assistance policies, goals, and objectives affecting the homeless.

SEC. 5.

 Section 50452 of the Health and Safety Code is repealed.

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:
(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.
(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.
(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.
(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.
(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, but is not limited to, 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 must 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.
(G) Information that is useful to enforce state and local housing law and policy, including, but not limited to, enforcement of anti-rent gouging and just cause for eviction policies and ordinances.
(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. 6.

 Section 50453 of the Health and Safety Code is repealed.

50453.
 The California Statewide Housing Plan developed pursuant to Section 50450 shall provide a reference guide for local housing market studies and for local housing elements required by Section 65302 of the Government Code. It is also intended to provide a framework for local housing plans.

SEC. 7.

 Section 50454 of the Health and Safety Code is repealed.

50454.
 The goals and recommendations adopted for the California Statewide Housing Plan shall be published once adopted, and shall be republished as revisions are adopted. Sufficient copies shall be made available for distribution to concerned persons throughout the state.