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



Current Version: 04/07/21 - Amended Assembly Compare Versions information image


AB68:v97#DOCUMENT

Amended  IN  Assembly  April 07, 2021
Amended  IN  Assembly  March 18, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 68


Introduced by Assembly Member Salas

December 07, 2020


An act to add Section 65914.2 to the Government Code, and to add Sections 50455.5 and 50469 to the Health and Safety Code, add Chapter 1.5 (commencing with Section 50420) and to add Chapter 1.6 (commencing with Section 50430) to Part 2 of Division 31 of, and to repeal Sections 50450, 50451, 50452, 50453, and 50454 of, the Health and Safety Code, relating to housing.


LEGISLATIVE COUNSEL'S DIGEST


AB 68, as amended, Salas. Department of Housing and Community Development: housing appeals committee: housing development and financing. California Statewide Housing Plan: annual reports.
(1) Existing law establishes the California Statewide Housing Plan, which serves as a state housing plan for all relevant purposes, that incorporates a statement of housing goals, policies, and objectives, as well as specified segments. Existing law requires the Department of Housing and Community Development to update and provide a revision of the plan to the Legislature every 4 years, as provided.
This bill would revise and recast those provisions related to the California Statewide Housing Plan. The bill would, starting with any update or revision to the plan on or after January 1, 2022, require the plan to include specified information, including, among other things, an inventory number of affordable units needed to meet the state’s affordable housing needs and an identification of strategies to help individuals experiencing homelessness. The bill would require the department to publish and make the plan available to the public on the department’s internet website.
(2) Existing law establishes various programs intended to promote the development of affordable housing, including the Local Housing Trust Fund Matching Grant Program for the purpose of supporting local housing trust funds dedicated to the creation or preservation of affordable housing.
This bill would require the department to develop and publish on its internet website an annual report by December 31 of each year that includes specified information regarding grant programs that are administered by the department, including the median time between the issuance of award letters and the issuance of funding, a comparison of how the median time between award letter and funding varies across department administered programs, and changes to the median time between the issuance of award letters and the issuance of funding for each program since the previous annual report.
(3) Existing law requires a city or county to adopt a general plan for land use development within its boundaries that includes, among other things, a housing element. That law requires the Department of Housing and Community Development to determine whether the housing element is in substantial compliance with specified provisions of that law. That law also requires the department to notify a city, county, or city and county that the city, county, or city and county is in violation of state law if the department finds that the housing element or an amendment to the housing element does not substantially comply with specified provisions of the law.
This bill would require the department to develop and publish on its internet website an annual report by December 31 of each year that includes specified information regarding housing element enforcement actions, including the number of housing element enforcement actions taken against cities and counties, outcomes of those enforcement actions, and the median time between the initiation of each enforcement action and its resolution.

(1)The Planning and Zoning Law requires a city or county to adopt a general plan for land use development within its boundaries that includes, among other things, a housing element. Existing law provides for various reforms and incentives intended to facilitate and expedite the construction of affordable housing. Existing law requires the Department of Housing and Community Development (HCD), in consultation with each council of governments, to determine existing and projected needs for housing for each region and requires each council of governments or, for cities and counties without a council of governments, HCD to adopt a final regional housing need plan that allocates a share of the regional housing need to each city, county, or city and county and is consistent with specified objectives.

The bill would require HCD to establish a housing appeals committee and would establish procedures by which an applicant for a conditional use permit or other discretionary approval for a housing development project, as defined, could appeal to that committee the decision of a city or county to either deny the application or approve the application with conditions in a manner rendering it infeasible for the development of the housing development project. The bill would provide that the committee would not have jurisdiction if the affected local agency has permitted construction of unspecified percentages of its allocation of units for very low, low-, and moderate-income households in the previous regional housing needs allocation plan cycle. The bill would authorize the committee, following a public hearing conducted according to specified procedures, to affirm, modify, or reverse the decision of the affected local agency. The bill would limit the review of the committee to whether, in the case of a denial, the decision was unreasonable and not consistent with local needs or, in the case of approval with conditions, whether the conditions imposed render the housing development project infeasible and are consistent with local needs. The bill would require the committee to affirm the decision of the affected local agency if it finds that the denial or conditions are consistent with local needs. The bill would provide that a decision of the committee to modify or reverse a decision of the affected local agency may be reviewed in the superior court for the county in which the housing development project is proposed to be constructed.

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.

By adding to the duties of local planning officials with respect to the approval of housing development projects, this bill would impose a state-mandated local program.

(2)Existing law establishes various programs intended to promote the development of affordable housing, including the Multifamily Housing Program, under which HCD provides financial assistance in the form of deferred payment loans to pay for the eligible costs of certain housing development activities. Existing law establishes the California Statewide Housing Plan, which serves as a state housing plan for all relevant purposes, that incorporates a statement of housing goals, policies, and objectives, as well as specified segments. Existing law requires HCD to update and provide a revision of the plan to the Legislature every 4 years, as provided.

This bill, no later than January 31, 2022, and annually thereafter, would require HCD to prepare and submit to the Legislature an addendum to the most recent revision of the California Statewide Housing Plan, as described above, that includes updated information and identifies specified information relating to state financial resources and housing projects receiving financing. The bill would also require HCD to establish a workgroup that includes representatives from HCD, the California Tax Credit Allocation Committee, the California Housing Finance Agency, and relevant industries, including, but not limited to, private lenders and developers, for the purpose of ensuring that the state awards financial resources for housing in a more timely and efficient manner. In carrying out this purpose, the bill would require the workgroup to make various recommendations regarding regulatory changes to program requirements and deadlines.

(3)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YESNO  

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


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.

SECTION 1.Section 65914.2 is added to the Government Code, to read:
65914.2.

(a)For purposes of this section:

(1)“Affected local agency” means a city, including a charter city, or county with jurisdiction over a proposed housing development project for which an appeal is sought pursuant to this section.

(2)“Applicant” means a person seeking a conditional use or other discretionary permit from an affected local agency in order construct a housing development project.

(3)“Consistent with local needs” means reasonable with respect to the determination of regional housing need, as determined pursuant to Section 65584, for the number of very low, low-, and moderate-income households within an affected local agency and the health and safety of the residents of the affected local agency.

(4)“Department” means the Department of Housing and Community Development.

(5)“Housing appeals committee” or “committee” means the committee established within the department pursuant to subdivision (b) for the purpose of hearing appeals from a decision of an affected local agency with respect to an application for a conditional use or other discretionary permit for a housing development project.

(6)“Housing development project” means a use consisting of any of the following:

(A)One or more residential dwelling units only.

(B)Mixed-use developments consisting of residential and nonresidential uses with at least two-thirds of the square footage designated for residential use.

(C)Transitional housing or supportive housing.

(7)“Infeasible” means that it is impossible to build or operate a housing development project without financial loss without substantially changing the cost of the housing or unit sizes.

(b)(1)The department shall establish a housing appeals committee. The Director of Housing and Community Development shall annually appoint the members of the committee and designate a chair.

(2)Membership on the committee shall be as follows:

(A)Three representatives of the department.

(B)Four public members who shall be appointed so as to promote geographic diversity and balance urban and rural interests and who shall each be representative of, or have experience in, one or more of the following areas:

(i)Private sector lending institutions.

(ii)For-profit housing development.

(iii)Nonprofit housing development.

(iv)Public sector housing development.

(v)Local or regional planning.

(vi)Architecture.

(vii)Local community development.

(viii)Local government.

(ix)Housing consultation.

(x)Academia as related to housing issues.

(3)Members of the committee shall serve without compensation, but shall be reimbursed for all actual and necessary expenses incurred in the performance of their duties.

(4)The committee shall hear appeals pursuant to this section at a public hearing held at least quarterly. The committee shall conduct the public hearing in accordance with any applicable rules and regulations adopted by the department.

(5)The department shall provide space and clerical or other assistance that the committee may require.

(c)(1)Subject to paragraph (3), if a city or county denies an application for a conditional use permit or other discretionary approval for a housing development project, or grants that permit or approval with conditions in a manner rendering it infeasible for the development of the housing development project, the applicant may, within 20 days of the final decision of the affected local agency, appeal the decision to the committee by submitting a statement of appeal, which shall state the grounds for the appeal and the relief sought, to the committee.

(2)The committee shall transmit a notice of the appeal to any affected local agency. No later than 10 days following receipt of the notice of appeal, the affected local agency shall transmit a copy of the final decision described in paragraph (1) to the committee for review.

(3)The committee shall not have jurisdiction over the appeal if the affected local agency has permitted construction of at least ____ percent of its allocation of units for very low income households, ____ percent of its allocation of units for low-income households, and ____ percent of its allocation of units for moderate-income households in the previous regional housing needs allocation plan cycle developed pursuant to Section 65584.

(d)The committee shall conduct a hearing on the appeal within 30 days of receipt of the statement of appeal. The committee shall, by majority vote and consistent with subdivision (e), affirm, modify, or reverse the decision of the city or county within 30 days after the conclusion of the hearing.

(e)The review of the committee shall be limited as follows:

(1)(A)If the affected local agency denied the application for a conditional use permit or other discretionary approval, whether that denial was reasonable and consistent with local needs.

(B)If the committee determines that a denial of the application for a conditional use permit or other discretionary approval is both unreasonable and not consistent with local needs, the committee shall reverse the decision of the affected local agency and remand the matter with instructions that the application be approved consistent with the decision of the committee.

(2)(A)If the affected local agency approved the application with conditions, whether the conditions imposed on the housing development project render it infeasible and are consistent with local needs.

(B)If the committee determines that one or more of the conditions imposed on the housing development project render it infeasible and that those conditions are not consistent with local needs, the committee shall modify the permit so that it no longer renders infeasible the development of the housing development project and the conditions are consistent with local needs. The committee shall remand the matter to the affected local agency with instructions to issue the permit or other approval as modified by the committee.

(3)The committee shall affirm the decision of the affected local agency if it finds that the decision is consistent with local needs.

(f)Once the committee has issued its final decision, the affected local agency shall not have any discretion to modify the permit or other approval other than as directed in the decision of the committee. Implementation of the final decision of the committee shall be deemed a ministerial duty of the affected local agency.

(g)A decision of the committee modifying or reversing a decision of the affected local agency may be reviewed in the superior court for the county in which the housing development project is proposed to be constructed.

(h)The Legislature finds and declares that encouraging and streamlining the development of housing throughout the state is a matter of statewide concern and is not 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.

SEC. 2.Section 50455.5 is added to the Health and Safety Code, to read:
50455.5.

(a)No later than January 31, 2022, and annually thereafter, the department shall prepare and submit to the Legislature an addendum to the most recent revision of the California Statewide Housing Plan pursuant to Section 50452 that includes updated information and identifies all of the following:

(1)All financial resources available to each housing agency for the development of affordable housing.

(2)The number of affordable units that the resources identified in paragraph (1) are expected to build annually compared to the annual units needed, including units for individuals experiencing homelessness, individuals with special needs, seniors, and farmworkers.

(3)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, identified pursuant to paragraph (2).

(4)Where the state’s financial resources will have the most impact based on geographic distribution, population, and indicators of need.

(5)Outcomes to measure how well the state is maximizing the impact of its financial resources to meet the annual units needed, including measuring whether the state has reduced cost burden and overcrowding, and increased housing availability.

(b)The annual addendum to the California Statewide Housing Plan submitted pursuant to this section shall be submitted in accordance with Section 9795 of the Government Code.

SEC. 3.Section 50469 is added to the Health and Safety Code, to read:
50469.

(a)The department shall establish a workgroup that includes representatives from the department, the California Tax Credit Allocation Committee, the California Housing Finance Agency, and relevant industries, including, but not limited to, private lenders and developers.

(b)The purpose of the workgroup established pursuant to this section shall be to ensure that the state awards financial resources for housing in a more timely and efficient manner. In carrying out this purpose, the workgroup shall do all of the following:

(1)To the extent feasible, and consistent with applicable law, develop recommendations to ensure that program requirements for determining eligibility for awarding financial resources to multifamily housing projects are consistent.

(2)Recommend regulatory changes to align application deadlines for multifamily housing programs.

(3)Design requirements and develop recommended deadlines to best accomplish the goals outlined in the most recent revision of the California Statewide Housing Plan pursuant to Section 50452, along with any addendum prepared pursuant to Section 50455.5, with the intent of maximizing the number of affordable housing units built and removing administrative barriers.

(4)Recommending regulatory changes that the department, the California Tax Credit Allocation Committee, and the California Housing Finance Agency may take consistent with applicable law in order to incorporate any new program requirements and deadlines developed by the workgroup pursuant to this section.

SEC. 4.

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.