AB 1368: Housing element: discharged military personnel.
- Session Year: 2015-2016
- House: Assembly
- Latest Version Date: 2015-02-27
Existing law, the Planning and Zoning Law, requires every city, county, and city and county to revise the housing element of its general plan as frequently as is appropriate, but not less than every 5 years, to reflect the results of the periodic review of the housing element. Existing law requires the department, based upon data provided by the Department of Finance and in consultation with each council of government (COG), to determine the regional share of the statewide housing need for the subsequent revisions to the housing element.
This bill would authorize a person discharged from service in the United States military to file his or her Department of Defense Certificate of Release or Discharge From Active Duty (DD 214) with the county recorder of his or her place of residence, and would require that the city or county in which the person resides be credited with the production of a new housing unit for the 201422 regional housing needs assessment cycle. By imposing additional duties upon local agencies, this bill would impose a state-mandated local program.
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.
(a)The Legislature finds and declares all of the following:
(1)It is the intent of the Legislature to encourage all military personnel discharged from active military service with a United States Department of Defense Certificate of Release or Discharge From Active Duty (DD 214) to consider relocating to private life in California. The Legislature considers our military service personnel an economic benefit to the state. However, it also recognizes that immediately upon discharge, a person may be unemployed and this fact would automatically qualify that person as a very low or extremely low income earner, as it pertains to housing categories.
(2)The State of California recognizes that returning service personnel who do not purchase or rent new construction are increasing the density of occupancy of existing housing. This is desirable and advocated by HCD, particularly within transit livable communities (TLC). Service personnel relocating into TLCs is part of the goals of Californias complete streets and sustainable community strategy.
(3)All cities and counties are encouraged to render any assistance they determine appropriate to make our military personnel a part of the community.
(4)The Legislature recognizes that all employers can benefit from the economic value of our former service personnel and encourages employers to provide all assistance in the transition of discharged military personnel to private life.
(b)Any discharged military service personnel who records his or her DD 214 discharge document with a county recorders office of the county that the person lists as his or her county or residence shall be deemed to have produced one new housing unit, for the 201422 regional housing needs assessment (RHNA) cycle, to the credit of the city or county in which he or she resides.
(c)The credit described in subdivision (b) shall be given to only one city or one county, as appropriate, and the residence address listed on the DD 214, whether in the city or the unincorporated area of the county, shall determine whether the city or the county receives the credit. A county may provide an amending document before recording the DD 214 to change the existing residence, if the service personnel can show that he or she has been living there prior to recordation of the DD 214.
(d)The credit shall be retroactive to January 1, 2014, and any city or county may claim credit for producing affordable housing with verification of the recordation of a DD 214.
(e)The credit shall be granted regardless of employment or educational benefits received by the discharged military personnel. The credit for housing shall be granted for any housing the discharged service personnel chooses, including his or her former home or former room. The city or county receiving the credit shall determine the applicable income level.
(f)There is no time period for how long the discharged military personnel is required to continue to work or reside in the city county. The credit shall be one credit for a new residential unit from January 1, 2014, to December 31, 2022, regardless of how many days the person resides at that address.
(g)The DD 214 shall be recorded for the purposes of a credit under this section only once, and any subsequent attempt to record the same DD 214 pursuant to this section shall not result in an additional credit.
(h)Each city and county shall establish a program to assist military personnel with recordation pursuant to this section.
SEC. 2.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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.
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Date
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Status
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|---|---|
| Feb 27, 2015 | Introduced. To print. |
| Mar 1, 2015 | From printer. May be heard in committee March 31. |
| Mar 2, 2015 | Read first time. |
| Mar 23, 2015 | Referred to Coms. on L. GOV. and H. & C.D. |
| Jan 31, 2016 | Died pursuant to Article IV, Sec. 10(c) of the Constitution. |
| Feb 1, 2016 | From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. |
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