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SB-809 Multijurisdictional regional agreements: housing element.(2021-2022)

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Date Published: 03/10/2021 09:00 PM
SB809:v98#DOCUMENT

Amended  IN  Senate  March 10, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill
No. 809


Introduced by Senator Allen
(Principal coauthor: Assembly Member Eduardo Garcia)

February 19, 2021


An act relating to regional housing trusts. to add and repeal Section 65583.4 of the Government Code, relating to land use.


LEGISLATIVE COUNSEL'S DIGEST


SB 809, as amended, Allen. Regional housing trusts. Multijurisdictional regional agreements: housing element.
The Planning and Zoning Law requires each county and city to adopt a comprehensive, long-term general plan for its physical development, and the development of certain lands outside its boundaries, that includes, among other mandatory elements, a housing element. Existing law requires that the housing element include, among other things, an inventory of land suitable and available for residential development that identifies sites that can be developed for housing within the planning period and that are sufficient to provide for the jurisdiction’s share of the regional housing need for all income levels, as specified.
This bill would authorize a city or county to satisfy part of its requirement to identify zones suitable for residential development by adopting and implementing a multijurisdictional regional agreement. The bill would require the multijurisdictional regional agreement to clearly establish the jurisdiction that is contributing suitable land for residential development and the jurisdiction or jurisdictions that are contributing funding for that development. The bill would require that a multijurisdictional regional agreement be between 2 or more cities or counties that are located within the same county or within adjacent counties.
This bill would require a jurisdiction that is a party to a multijurisdictional regional agreement under these provisions to provide specified information in its housing element, including how the multijurisdictional regional agreement will satisfy the jurisdiction’s housing need for a designated income level. The bill would prohibit the jurisdictions that are a party to a multijurisdictional regional agreement from claiming an aggregate capacity in an amount greater than the actual capacity created by the housing development subject to the agreement.
The bill would repeal these provisions on January 1, 2030.
The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.

The Joint Exercise of Powers Act authorizes 2 or more public agencies, by agreement, to form a joint powers authority to exercise any power common to the contracting parties, as specified. Existing law authorizes the agreement to set forth the manner by which the joint powers authority will be governed.

This bill would state the intent of the Legislature to enact legislation that would require all local governments to participate in a regional housing trust fund.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

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


SECTION 1.

 Section 65583.4 is added to the Government Code, to read:

65583.4.
 (a) A city or county may satisfy part of its requirement to identify zones suitable for residential development pursuant to paragraph (3) of subdivision (a) of Section 65583 by adopting and implementing a multijurisdictional regional agreement as provided in this subdivision.
(b) (1) A multijurisdictional regional agreement adopted and implemented pursuant to this section shall clearly establish the jurisdiction that is contributing suitable land for residential development and the jurisdiction or jurisdictions that are contributing funding for that development.
(2) A multijurisdictional regional agreement subject to this section shall be between two or more cities that are located within the same county, between two or more cities within adjacent counties, or between adjacent counties and any city within those counties.
(c) Each jurisdiction that is a party to a multijurisdictional regional agreement shall describe in its housing element both of the following:
(1) How the multijurisdictional regional agreement will satisfy the jurisdiction’s housing need for a designated income level. No more than 1/2 of the development capacity resulting from the agreement shall be given to a single jurisdiction as credit towards its housing needs.
(2) The jurisdiction’s contribution to a housing development pursuant to the multijurisdictional regional agreement, including the amount and source of the funding that the jurisdiction contributes.
(d) The jurisdictions that are a party to a multijurisdictional regional agreement shall not claim an aggregate capacity in an amount greater than the actual capacity created by the housing development subject to the multijurisdictional regional agreement in the jurisdiction’s housing element.
(e) The Legislature finds and declares that this section addresses a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this section applies to all cities, including charter cities.
(f) This section shall remain in effect only until January 1, 2030, and as of that date is repealed.

SECTION 1.

It is the intent of the Legislature to enact legislation that would require all local governments to participate in a regional housing trust fund.