Bill Text: CA AB2728 | 2023-2024 | Regular Session | Introduced

California Assembly Bill 2728

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Planning and zoning: housing development: independent institutions of higher education and religious institutions.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed) 2024-08-15 - In committee: Held under submission. [AB2728 Detail]

Download: California-2023-AB2728-Introduced.html

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 2728

Introduced by Assembly Member Gabriel

February 14, 2024

An act to amend Section 65589.3 of the Government Code, relating to housing.

LEGISLATIVE COUNSEL'S DIGEST

AB 2728, as introduced, Gabriel. Housing element: substantial compliance: presumption.

The Planning and Zoning Law requires each county and city to adopt a comprehensive, long-term general plan for the physical development of the county or city and requires that general plan to include, among other mandatory elements, a housing element. Existing law requires the Department of Housing and Community Development to review housing elements and amendments for substantial compliance with that law. Existing law requires each city and county to consider the guidelines adopted by the department in the preparation of the housing element. Under existing law, in an action challenging the validity of a housing element, there is a rebuttable presumption of the validity of the element or amendment if the department has found that the element or amendment substantially complies, as provided.

This bill would make nonsubstantive changes to that provision.

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

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

SECTION 1.

Section 65589.3 of the Government Code is amended to read:

65589.3.

In ~~any~~ an action filed on or after January 1, 1991, taken to challenge the validity of a housing element, there shall be a rebuttable presumption of the validity of the element or amendment if, ~~pursuant to~~ under Section 65585, the department has found that the element or amendment substantially complies with the requirements of this article.