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AB-1492 Department of Housing and Community Development: high-opportunity areas and sensitive communities.(2021-2022)

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Date Published: 04/21/2021 09:00 PM
AB1492:v98#DOCUMENT

Amended  IN  Assembly  April 21, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 1492


Introduced by Assembly Member Bloom

February 19, 2021


An act to add Section 50467 50468 to the Health and Safety Code, relating to housing.


LEGISLATIVE COUNSEL'S DIGEST


AB 1492, as amended, Bloom. Department of Housing and Community Development: high-opportunity areas. areas and sensitive communities.
Existing law establishes the Department of Housing and Community Development within the Business, Consumer Services, and Housing Agency and sets forth its powers and duties, including, among other things, responsibility for coordinating federal-state relationships in housing and community development and assisting communities and persons to avail themselves of state housing programs.
This bill would require the department to designate areas in this state as high-opportunity areas, areas and sensitive communities, as provided, by January 1, 2023, in accordance with specified requirements and requirements. The bill would require the department to update those designations within 6 months of the adoption of new Opportunity Maps by the California Tax Credit Allocation Committee. every 5 years, or more frequently at the discretion of the department..
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 50468 is added to the Health and Safety Code, to read:

50468.
 (a) By January 1, 2023, the Department of Housing and Community Development shall designate areas in this state as high-opportunity areas in accordance with this section.
(1) In designating areas of the state as high-opportunity areas, the department shall consider current demographics, demographic trends, existing land uses, and other data indicating that state intervention in zoning, development approvals, or other policies to facilitate housing production would increase access to housing opportunities for lower income households, people of color, and members of protected classes where that access is currently limited.
(2) In designating areas of the state as high-opportunity areas, the department shall collaborate with academic experts and shall solicit input from members of community-based organizations with experience working with low-income communities and communities of color and ensure participation from all economic segments of the community, as well as members of those classes protected pursuant to Section 12955 of the Government Code.
(3) The department shall not designate an area as a high-opportunity area if the department determines that either of the following apply:
(A) The area is at risk of significant displacement of lower income households and households of color, or there is evidence that the area has already experienced significant displacement of lower income households and households of color within the 10 years preceding the designation of high-opportunity areas pursuant to this subdivision.
(B) The area is within a very high fire hazard severity zone.
(4) The department shall update its designations of high-opportunity areas pursuant to this subdivision every five years, or more frequently at the discretion of the department.
(b) It is the intent of the Legislature that cities and counties provide adequate opportunities for the development of multifamily mixed-income and affordable housing within high-opportunity areas, consistent with their obligation to affirmatively further fair housing pursuant to Section 8899.50 of the Government Code.
(c) By January 1, 2023, the Department of Housing and Community Development shall designate areas in this state as sensitive communities in accordance with this section.
(1) In designating areas of the state as sensitive communities, the department shall consider current demographics, demographic trends, and other data suggesting that state preemption or restrictions on local zoning, development approvals, or other policies relating to housing development could have detrimental impacts on concentrations of disenfranchised or otherwise vulnerable populations, including members of classes protected pursuant to Section 12955 of the Government Code.
(2) In designating areas of the state as sensitive communities, the department shall collaborate with academic experts and shall solicit input from community-based organizations with experience working with low-income communities and communities of color and ensure participation from all economic segments of the community as well as members of classes protected pursuant to Section 12955 of the Government Code.
(3) The department shall update its designations of sensitive communities pursuant to this subdivision every five years, or more frequently at the discretion of the department.
(d) It is the intent of the Legislature that cities and counties prioritize public resources to address chronic disinvestment in sensitive communities and meet the needs of lower income renters, members of classes protected pursuant to Section 12955 of the Government Code, and other vulnerable households within these areas, and that they provide opportunities for community-based planning and enact policies that permit these households to avoid displacement due to rising costs of living, uninhabitable or overcrowded living conditions, or other pressures, consistent with their obligation to affirmatively further fair housing pursuant to Section 8899.50 of the Government Code.

SECTION 1.Section 50467 is added to the Health and Safety Code, to read:
50467.

(a)By January 1, 2023, the Department of Housing and Community Development shall designate areas in this state as high-opportunity areas in accordance with this section. In designating areas of the state as high-opportunity areas, the department shall collaborate with academic experts and shall solicit input from members of the public and ensure participation from all economic segments of the community as well as members of those classes protected pursuant to Section 12955 of the Government Code.

(1)The department shall consider any area designated as “highest resource” or “high resource” on the most recent Opportunity Maps adopted by the California Tax Credit Allocation Committee as a potential high-opportunity area.

(2)The department shall not designate a potential high-opportunity area as a high-opportunity area if either of the following conditions apply:

(A)The area is at risk of displacement of lower income households and households of color, or has seen significant displacement of lower income households and households of color within the 10 years preceding the designation of high-opportunity areas pursuant to this subdivision.

(B)Low wage workers in the potential high-opportunity area do not have significantly longer commutes to work than other low wage workers within the region.

(3)In determining potential high-opportunity areas to be excluded from the designation of high-opportunity areas pursuant to this subdivision, the department shall seek input from community-based organizations with experience working with low-income communities and communities of color.

(4)The department shall update its designations of high-opportunity areas pursuant to this subdivision within six months of the adoption of new Opportunity Maps by the California Competes Tax Credit Committee.

(b)It is the intent of the Legislature that cities and counties provide adequate opportunities for the development of multifamily and affordable housing within high-opportunity areas, consistent with their obligation to affirmatively further fair housing pursuant to Section 8899.50 of the Government Code.