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AB-2361 Planning and zoning: regional housing needs: exchange of allocation: Counties of Orange and San Diego.(2023-2024)



Current Version: 02/12/24 - Introduced

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AB2361:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 2361

Introduced by Assembly Member Davies

February 12, 2024

An act to add Section 65584.10 to the Government Code, relating to housing.


LEGISLATIVE COUNSEL'S DIGEST


AB 2361, as introduced, Davies. Planning and zoning: regional housing needs: exchange of allocation: Counties of Orange and San Diego.
The Planning and Zoning Law requires the legislative body of each county and city to adopt a comprehensive, long-term general plan for the physical development of the county or city that includes, among other specified mandatory elements, a housing element. That law, for the 4th and subsequent revisions of the housing element, requires the Department of Housing and Community Development to determine the existing and projected need for housing for each region. That law further requires the appropriate council of governments, or, for cities and counties without a council of governments, the department, to adopt a final regional housing plan that allocates a share of the regional housing need to each city, county, or city and county in accordance with certain requirements.
This bill would establish a pilot program for the Counties of Orange and San Diego, and the cities therein. The bill would authorize a city or county within the pilot program, by agreement, to transfer all or a portion of its allocation of regional housing need to another city or county within the pilot program. The bill would allow the transferring city or county to pay the transferee city or county an amount determined by that agreement, as well as a surcharge to offset the impacts and associated costs of the additional housing on the transferee city. The bill would also require the transferring city or county and the transferee city or county to report to the council of governments and the department specified information about the transfer, as provided.
This bill would make legislative findings and declarations as to the necessity of a special statute for the Counties of Orange and San Diego.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 Section 65584.10 is added to the Government Code, immediately following Section 65584.09, to read:

65584.10.
 (a) This section shall establish a pilot program, and is only applicable to the Counties of Orange and San Diego, and to the cities therein.
(b) For purposes of this section, the following definitions shall apply:
(1) “Transferee city or county” means a city or county that accepts a transfer of all or a portion of the allocation of regional housing need pursuant to Section 65584 from a transferring city or county pursuant to this section.
(2) “Transferring city or county” means a city or county that transfers all or a portion of its allocation of regional housing need determined pursuant to Section 65584 to a transferee city or county pursuant to this section.
(c) (1) Notwithstanding any other law, a city or county may, by agreement, transfer all or a portion of its allocation of regional housing need to a transferee city or county.
(2) A transferring city or county may pay the transferee city or county an amount determined under the agreement. In addition, the transferring city or county may pay the transferee city or county a surcharge to offset the impacts and associated costs of the additional housing on the transferee city.
(d) Upon an agreement to transfer all or a portion of the allocation of regional housing need pursuant to this subdivision, the transferring city or county and the transferee city or county shall report to the appropriate council of governments, or, for cities and counties without a council of governments, the department, as to the number of housing units transferred, any amount paid by the transferring city or county, and any other terms of the agreement. The transferring city or county and the transferee city or county shall additionally include this information in the annual report required pursuant to Section 65400.

SEC. 2.

 The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances that the Counties of Orange and San Diego have experienced with regard to difficulties in properly supplying enough shelter and housing development requirements for their residents.