Bill Text: CA AB2108 | 2011-2012 | Regular Session | Introduced

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Bill Title: Land use: housing element: regional housing need

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2012-02-24 - From printer. May be heard in committee March 25. [AB2108 Detail]

Download: California-2011-AB2108-Introduced.html

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BILL NUMBER: AB 2108	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Norby

                        FEBRUARY 23, 2012

   An act to amend Section 65584 of the Government Code, relating to
land use.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2108, as introduced, Norby. Land use: housing element: regional
housing need assessment.
   The Planning and Zoning Law requires a city or county to prepare
and adopt a comprehensive, long-term general plan, and requires the
general plan to include certain mandatory elements, including a
housing element. That law also requires the housing element, in turn,
to include, among other things, an assessment of housing needs and
an inventory of resources and constraints relevant to the meeting of
those needs. That law further requires the Department of Housing and
Community Development, for specified revisions of the housing
element, to determine the existing and projected need for housing for
each region, as specified.
   This bill would make a technical, nonsubstantive change to this
provision.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 65584 of the Government Code is amended to
read:
   65584.  (a) (1) For the fourth and subsequent revisions of the
housing element pursuant to Section 65588, the department shall
determine the existing and projected need for housing for each region
pursuant to this article. For purposes of subdivision (a) of Section
65583, the share of a city or county of the regional housing need
shall include that share of the housing need of persons at all income
levels within the area significantly affected by the general plan of
the city or county.
   (2) While it is the intent of the Legislature that cities,
counties, and cities and counties should undertake all necessary
actions to encourage, promote, and facilitate the development of
housing to accommodate the entire regional housing need, it is
recognized, however, that future housing production may not equal the
regional housing need established for planning purposes.
   (b) The department, in consultation with each council of
governments, shall determine each region's existing and projected
housing need pursuant to Section 65584.01 at least two years prior to
the scheduled revision required pursuant to Section 65588. The
appropriate council of governments, or for cities and counties
without a council of governments, the department, shall adopt a final
regional housing need plan that allocates a share of the regional
housing need to each city, county, or city and county at least one
year prior to the scheduled revision for the region required by
Section 65588. The allocation plan prepared by a council of
governments shall be prepared pursuant to Sections 65584.04 and
65584.05 with the advice of the department.
   (c) Notwithstanding any other provision of law, the due dates for
the determinations of the department or for the council of
governments, respectively, regarding the regional housing need may be
extended by the department by not more than 60 days if the extension
will enable access to more recent critical population or housing
data from a pending or recent release of the United States Census
Bureau or the Department of Finance. If the due date for the
determination of the department or the council of governments is
extended for this reason, the department shall extend the
corresponding housing element revision deadline pursuant to Section
65588 by not more than 60 days.
   (d) The regional housing needs allocation plan shall be consistent
with all of the following objectives:
   (1) Increasing the housing supply and the mix of housing types,
tenure, and affordability in all cities and counties within the
region in an equitable manner, which shall result in each
jurisdiction receiving an allocation of units for low- and very low
income households.
   (2) Promoting infill development and socioeconomic equity, the
protection of environmental and agricultural resources, and the
encouragement of efficient development patterns.
   (3) Promoting an improved intraregional relationship between jobs
and housing.
   (4) Allocating a lower proportion of housing need to an income
category when a jurisdiction already has a disproportionately high
share of households in that income category, as compared to the
countywide distribution of households in that category from the most
recent decennial United States census.
   (e) For purposes of this section, "household income levels" are as
determined by the department as of the most recent decennial census
pursuant to the following code sections:
   (1) Very low incomes as defined by Section 50105 of the Health and
Safety Code.
   (2) Lower incomes, as defined by Section 50079.5 of the Health and
Safety Code.
   (3) Moderate incomes, as defined by Section 50093 of the Health
and Safety Code.
   (4) Above moderate incomes are those exceeding the moderate-income
level of Section 50093 of the Health and Safety Code.
   (f) Notwithstanding any other  provision of  law,
determinations made by the department, a council of governments, or
a city or county pursuant to this section or Section 65584.01,
65584.02, 65584.03, 65584.04, 65584.05, 65584.06, 65584.07, or
65584.08 are exempt from the California Environmental Quality Act
(Division 13 (commencing with Section 21000) of the Public Resources
Code).