AB 1403: Housing: joint powers agreement.
- Session Year: 2015-2016
- House: Assembly
- Latest Version Date: 2015-08-12
The Joint Exercise of Powers Act authorizes 2 of more public agencies to enter into an agreement to jointly exercise any power common to the contracting parties.
This bill would provide that, notwithstanding any other provision of the act, a private, nonprofit corporation that provides services to homeless persons or for the prevention of homelessness may form a joint powers agency or enter into a joint powers agreement with a public agency for the purpose of providing frequent user coordinated care housing services, defined by to mean housing combined with other supportive services, as defined, for homeless persons identified by a city or county as the most costly, frequent users of publicly funded emergency services. The bill would require the public agency or agencies to determine the composition of a board of directors to govern an agency formed pursuant to these provisions and would prohibit representation of private nonprofit corporations on the board in excess of 50%. The bill would repeal these provisions as of January 1, 2024.
The Planning and Zoning Law requires a city or county to adopt a general plan for land use development that includes, among other things, a housing element. A housing element is required to include an analysis of any special housing needs.
This bill would provide that the analysis of special housing needs by a city or county may include an analysis of the need for frequent user coordinated care housing services.
The Joint Exercise of Powers Act authorizes 2 of more public agencies to enter into an agreement to jointly exercise any power common to the contracting parties.
This bill would provide that, notwithstanding any other provision of the act, a private, nonprofit corporation that provides services to homeless persons or for the prevention of homelessness may form a joint powers agency or enter into a joint powers agreement with a public agency for the purpose of providing frequent user coordinated care housing services, defined by to mean housing combined with other supportive services, as defined, for homeless persons identified by a city or county as the most costly, frequent users of publicly funded emergency services. The bill would require the public agency or agencies to determine the composition of a board of directors to govern an agency formed pursuant to these provisions and would prohibit representation of private nonprofit corporations on the board in excess of 50%. The bill would repeal these provisions as of January 1, 2024.
The Planning and Zoning Law requires a city or county to adopt a general plan for land use development that includes, among other things, a housing element. A housing element is required to include an analysis of any special housing needs.
This bill would provide that the analysis of special housing needs by a city or county may include an analysis of the need for frequent user coordinated care housing services.
The Joint Exercise of Powers Act authorizes 2 of more public agencies to enter into an agreement to jointly exercise any power common to the contracting parties.
This bill would provide that, notwithstanding any other provision of the act, a private, nonprofit corporation that provides services to homeless persons or for the prevention of homelessness may form a joint powers agency or enter into a joint powers agreement with a public agency for the purpose of providing frequent user coordinated care housing services, defined by to mean housing combined with other supportive services, as defined, for homeless persons identified by a city or county as the most costly, frequent users of publicly funded emergency services. The bill would require the public agency or agencies to determine the composition of a board of directors to govern an agency formed pursuant to these provisions and would prohibit representation of private nonprofit corporations on the board in excess of 50%. The bill would repeal these provisions as of January 1, 2024.
The Planning and Zoning Law requires a city or county to adopt a general plan for land use development that includes, among other things, a housing element. A housing element is required to include an analysis of any special housing needs.
This bill would provide that the analysis of special housing needs by a city or county may include an analysis of the need for frequent user coordinated care housing services.
The Joint Exercise of Powers Act authorizes 2 of more public agencies to enter into an agreement to jointly exercise any power common to the contracting parties.
This bill would provide that, notwithstanding any other provision of the act, a private, nonprofit corporation that provides services to homeless persons or for the prevention of homelessness may form a joint powers agency or enter into a joint powers agreement with a public agency for the sole purpose of providing frequent user coordinated care housing services, defined by to mean housing combined with other supportive services, as defined, for homeless persons identified by a city or county as the most costly, frequent users of publicly funded emergency services. The bill would require the public agency or agencies to determine the composition of a board of directors to govern an agency formed pursuant to these provisions and would prohibit representation of private nonprofit corporations on the board in excess of 50%.
The Planning and Zoning Law requires a city or county to adopt a general plan for land use development that includes, among other things, a housing element. A housing element is required to include an analysis of any special housing needs.
This bill would provide that the analysis of special housing needs by a city or county may include an analysis of the need for frequent user coordinated care housing services.
The Joint Exercise of Powers Act authorizes 2 of more public agencies to enter into an agreement to jointly exercise any power common to the contracting parties.
This bill would provide that, notwithstanding any other provision of the act, a private, nonprofit corporation that provides services to homeless persons or for the prevention of homelessness may enter into a joint powers agreement with a public agency for the sole purpose of providing frequent user coordinated care housing services, defined by to mean housing combined with other supportive services, as defined, for homeless persons identified by a city or county as the most costly, frequent users of publicly funded emergency services.
The Planning and Zoning Law requires a city or county to adopt a general plan for land use development that includes, among other things, a housing element. A housing element is required to include an analysis of any special housing needs.
This bill would provide that the analysis of special housing needs by a city or county may include an analysis of the need for frequent user coordinated care housing services.
(a)Notwithstanding any other provision of this chapter, one or more private, nonprofit corporations that are organized pursuant to Section 501(c)(3) of the Internal Revenue Code and provide services to homeless persons or for the prevention of homelessness may form a joint powers agency or enter into a joint powers agreement with one or more public agencies. The agency formed pursuant to this joint powers agreement shall be deemed a public entity, as described in Section 6507, except that, notwithstanding any other law, the agency shall not have the power to incur debt.
(b)The purpose of a joint powers agency or agreement authorized by this section shall be to encourage and ease the sharing of information between public agencies and nonprofit corporations, pursuant to subdivision (a), necessary to identify the most costly, frequent users of publicly funded emergency services in order to provide frequent user coordinated care housing services, as defined in subdivision (e) of Section 65582, to homeless persons or to prevent homelessness.
(c)An agency formed pursuant to subdivision (a) shall be governed by a board of directors, the composition of which shall be determined by the participating public agency or agencies. The representation of private nonprofit corporations on the board of directors shall not exceed 50 percent.
(d)This section shall remain in effect only until January 1, 2024, and as of that date is repealed.
SEC. 2.Section 65582 of the Government Code is amended to read:65582.As used in this article, the following definitions apply:
(a)Community, locality, local government, or jurisdiction means a city, city and county, or county.
(b)Council of governments means a single or multicounty council created by a joint powers agreement pursuant to Chapter 5 (commencing with Section 6500) of Division 1 of Title 1.
(c)Department means the Department of Housing and Community Development.
(d)Emergency shelter has the same meaning as defined in subdivision (e) of Section 50801 of the Health and Safety Code.
(e)Frequent user coordinated care housing services means housing combined with other supportive services for homeless persons identified by a city or county as the most costly, frequent users of publicly funded emergency services.
(f)Housing element or element means the housing element of the communitys general plan, as required pursuant to this article and subdivision (c) of Section 65302.
(g)Supportive housing means housing with no limit on length of stay, that is occupied by the target population, and that is linked to an onsite or offsite service that assists the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community.
(h)Supportive services include, but are not limited to, a combination of subsidized, permanent housing, intensive case management, medical and mental health care, substance abuse treatment, employment services, and benefits advocacy.
(i)Target population means persons with low incomes who have one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health condition, or individuals eligible for services provided pursuant to the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code) and may include, among other populations, adults, emancipated minors, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homeless people.
(j)Transitional housing means buildings configured as rental housing developments, but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than six months from the beginning of the assistance.
SEC. 3.Section 65583 of the Government Code is amended to read:65583.The housing element shall consist of an identification and analysis of existing and projected housing needs and a statement of goals, policies, quantified objectives, financial resources, and scheduled programs for the preservation, improvement, and development of housing. The housing element shall identify adequate sites for housing, including rental housing, factory-built housing, mobilehomes, and emergency shelters, and shall make adequate provision for the existing and projected needs of all economic segments of the community. The element shall contain all of the following:
(a)An assessment of housing needs and an inventory of resources and constraints relevant to the meeting of these needs. The assessment and inventory shall include all of the following:
(1)An analysis of population and employment trends and documentation of projections and a quantification of the localitys existing and projected housing needs for all income levels, including extremely low income households, as defined in subdivision (b) of Section 50105 and Section 50106 of the Health and Safety Code. These existing and projected needs shall include the localitys share of the regional housing need in accordance with Section 65584. Local agencies shall calculate the subset of very low income households allotted under Section 65584 that qualify as extremely low income households. The local agency may either use available census data to calculate the percentage of very low income households that qualify as extremely low income households or presume that 50 percent of the very low income households qualify as extremely low income households. The number of extremely low income households and very low income households shall equal the jurisdictions allocation of very low income households pursuant to Section 65584.
(2)An analysis and documentation of household characteristics, including level of payment compared to ability to pay, housing characteristics, including overcrowding, and housing stock condition.
(3)An inventory of land suitable for residential development, including vacant sites and sites having potential for redevelopment, and an analysis of the relationship of zoning and public facilities and services to these sites.
(4)(A)The identification of a zone or zones where emergency shelters are allowed as a permitted use without a conditional use or other discretionary permit. The identified zone or zones shall include sufficient capacity to accommodate the need for emergency shelter identified in paragraph (7), except that each local government shall identify a zone or zones that can accommodate at least one year-round emergency shelter. If the local government cannot identify a zone or zones with sufficient capacity, the local government shall include a program to amend its zoning ordinance to meet the requirements of this paragraph within one year of the adoption of the housing element. The local government may identify additional zones where emergency shelters are permitted with a conditional use permit. The local government shall also demonstrate that existing or proposed permit processing, development, and management standards are objective and encourage and facilitate the development of, or conversion to, emergency shelters. Emergency shelters may only be subject to those development and management standards that apply to residential or commercial development within the same zone except that a local government may apply written, objective standards that include all of the following:
(i)The maximum number of beds or persons permitted to be served nightly by the facility.
(ii)Off-street parking based upon demonstrated need, provided that the standards do not require more parking for emergency shelters than for other residential or commercial uses within the same zone.
(iii)The size and location of exterior and interior onsite waiting and client intake areas.
(iv)The provision of onsite management.
(v)The proximity to other emergency shelters, provided that emergency shelters are not required to be more than 300 feet apart.
(vi)The length of stay.
(vii)Lighting.
(viii)Security during hours that the emergency shelter is in operation.
(B)The permit processing, development, and management standards applied under this paragraph shall not be deemed to be discretionary acts within the meaning of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).
(C)A local government that can demonstrate to the satisfaction of the department the existence of one or more emergency shelters either within its jurisdiction or pursuant to a multijurisdictional agreement that can accommodate that jurisdictions need for emergency shelter identified in paragraph (7) may comply with the zoning requirements of subparagraph (A) by identifying a zone or zones where new emergency shelters are allowed with a conditional use permit.
(D)A local government with an existing ordinance or ordinances that comply with this paragraph shall not be required to take additional action to identify zones for emergency shelters. The housing element must only describe how existing ordinances, policies, and standards are consistent with the requirements of this paragraph.
(5)An analysis of potential and actual governmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the types of housing identified in paragraph (1) of subdivision (c), and for persons with disabilities as identified in the analysis pursuant to paragraph (7), including land use controls, building codes and their enforcement, site improvements, fees and other exactions required of developers, and local processing and permit procedures. The analysis shall also demonstrate local efforts to remove governmental constraints that hinder the locality from meeting its share of the regional housing need in accordance with Section 65584 and from meeting the need for housing for persons with disabilities, supportive housing, transitional housing, and emergency shelters identified pursuant to paragraph (7). Transitional housing and supportive housing shall be considered a residential use of property, and shall be subject only to those restrictions that apply to other residential dwellings of the same type in the same zone.
(6)An analysis of potential and actual nongovernmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the availability of financing, the price of land, and the cost of construction.
(7)An analysis of any special housing needs, such as those of the elderly; persons with disabilities, including a developmental disability, as defined in Section 4512 of the Welfare and Institutions Code; large families; farmworkers; families with female heads of households; and families and persons in need of emergency shelter. The need for emergency shelter shall be assessed based on annual and seasonal need. The need for emergency shelter may be reduced by the number of supportive housing units that are identified in an adopted 10-year plan to end chronic homelessness and that are either vacant or for which funding has been identified to allow construction during the planning period. An analysis of special housing needs by a city or county may include an analysis of the need for frequent user coordinated care housing services.
(8)An analysis of opportunities for energy conservation with respect to residential development. Cities and counties are encouraged to include weatherization and energy efficiency improvements as part of publicly subsidized housing rehabilitation projects. This may include energy efficiency measures that encompass the building envelope, its heating and cooling systems, and its electrical system.
(9)An analysis of existing assisted housing developments that are eligible to change from low-income housing uses during the next 10 years due to termination of subsidy contracts, mortgage prepayment, or expiration of restrictions on use. Assisted housing developments, for the purpose of this section, shall mean multifamily rental housing that receives governmental assistance under federal programs listed in subdivision (a) of Section 65863.10, state and local multifamily revenue bond programs, local redevelopment programs, the federal Community Development Block Grant Program, or local in-lieu fees. Assisted housing developments shall also include multifamily rental units that were developed pursuant to a local inclusionary housing program or used to qualify for a density bonus pursuant to Section 65916.
(A)The analysis shall include a listing of each development by project name and address, the type of governmental assistance received, the earliest possible date of change from low-income use, and the total number of elderly and nonelderly units that could be lost from the localitys low-income housing stock in each year during the 10-year period. For purposes of state and federally funded projects, the analysis required by this subparagraph need only contain information available on a statewide basis.
(B)The analysis shall estimate the total cost of producing new rental housing that is comparable in size and rent levels, to replace the units that could change from low-income use, and an estimated cost of preserving the assisted housing developments. This cost analysis for replacement housing may be done aggregately for each five-year period and does not have to contain a project-by-project cost estimate.
(C)The analysis shall identify public and private nonprofit corporations known to the local government which have legal and managerial capacity to acquire and manage these housing developments.
(D)The analysis shall identify and consider the use of all federal, state, and local financing and subsidy programs which can be used to preserve, for lower income households, the assisted housing developments, identified in this paragraph, including, but not limited to, federal Community Development Block Grant Program funds, tax increment funds received by a redevelopment agency of the community, and administrative fees received by a housing authority operating within the community. In considering the use of these financing and subsidy programs, the analysis shall identify the amounts of funds under each available program which have not been legally obligated for other purposes and which could be available for use in preserving assisted housing developments.
(b)(1)A statement of the communitys goals, quantified objectives, and policies relative to the maintenance, preservation, improvement, and development of housing.
(2)It is recognized that the total housing needs identified pursuant to subdivision (a) may exceed available resources and the communitys ability to satisfy this need within the content of the general plan requirements outlined in Article 5 (commencing with Section 65300). Under these circumstances, the quantified objectives need not be identical to the total housing needs. The quantified objectives shall establish the maximum number of housing units by income category, including extremely low income, that can be constructed, rehabilitated, and conserved over a five-year time period.
(c)A program which sets forth a schedule of actions during the planning period, each with a timeline for implementation, which may recognize that certain programs are ongoing, such that there will be beneficial impacts of the programs within the planning period, that the local government is undertaking or intends to undertake to implement the policies and achieve the goals and objectives of the housing element through the administration of land use and development controls, the provision of regulatory concessions and incentives, the utilization of appropriate federal and state financing and subsidy programs when available, and the utilization of moneys in a low- and moderate-income housing fund of an agency if the locality has established a redevelopment project area pursuant to the Community Redevelopment Law (Division 24 (commencing with Section 33000) of the Health and Safety Code). In order to make adequate provision for the housing needs of all economic segments of the community, the program shall do all of the following:
(1)Identify actions that will be taken to make sites available during the planning period with appropriate zoning and development standards and with services and facilities to accommodate that portion of the citys or countys share of the regional housing need for each income level that could not be accommodated on sites identified in the inventory completed pursuant to paragraph (3) of subdivision (a) without rezoning, and to comply with the requirements of Section 65584.09. Sites shall be identified as needed to facilitate and encourage the development of a variety of types of housing for all income levels, including multifamily rental housing, factory-built housing, mobilehomes, housing for agricultural employees, supportive housing, single-room occupancy units, emergency shelters, and transitional housing.
(A)Where the inventory of sites, pursuant to paragraph (3) of subdivision (a), does not identify adequate sites to accommodate the need for groups of all household income levels pursuant to Section 65584, rezoning of those sites, including adoption of minimum density and development standards, for jurisdictions with an eight-year housing element planning period pursuant to Section 65588, shall be completed no later than three years after either the date the housing element is adopted pursuant to subdivision (f) of Section 65585 or the date that is 90 days after receipt of comments from the department pursuant to subdivision (b) of Section 65585, whichever is earlier, unless the deadline is extended pursuant to subdivision (f). Notwithstanding the foregoing, for a local government that fails to adopt a housing element within 120 days of the statutory deadline in Section 65588 for adoption of the housing element, rezoning of those sites, including adoption of minimum density and development standards, shall be completed no later than three years and 120 days from the statutory deadline in Section 65588 for adoption of the housing element.
(B)Where the inventory of sites, pursuant to paragraph (3) of subdivision (a), does not identify adequate sites to accommodate the need for groups of all household income levels pursuant to Section 65584, the program shall identify sites that can be developed for housing within the planning period pursuant to subdivision (h) of Section 65583.2. The identification of sites shall include all components specified in subdivision (b) of Section 65583.2.
(C)Where the inventory of sites pursuant to paragraph (3) of subdivision (a) does not identify adequate sites to accommodate the need for farmworker housing, the program shall provide for sufficient sites to meet the need with zoning that permits farmworker housing use by right, including density and development standards that could accommodate and facilitate the feasibility of the development of farmworker housing for low- and very low income households.
(2)Assist in the development of adequate housing to meet the needs of extremely low, very low, low-, and moderate-income households.
(3)Address and, where appropriate and legally possible, remove governmental constraints to the maintenance, improvement, and development of housing, including housing for all income levels and housing for persons with disabilities. The program shall remove constraints to, and provide reasonable accommodations for housing designed for, intended for occupancy by, or with supportive services for, persons with disabilities.
(4)Conserve and improve the condition of the existing affordable housing stock, which may include addressing ways to mitigate the loss of dwelling units demolished by public or private action.
(5)Promote housing opportunities for all persons regardless of race, religion, sex, marital status, ancestry, national origin, color, familial status, or disability.
(6)Preserve for lower income households the assisted housing developments identified pursuant to paragraph (9) of subdivision (a). The program for preservation of the assisted housing developments shall utilize, to the extent necessary, all available federal, state, and local financing and subsidy programs identified in paragraph (9) of subdivision (a), except where a community has other urgent needs for which alternative funding sources are not available. The program may include strategies that involve local regulation and technical assistance.
(7) Include an identification of the agencies and officials responsible for the implementation of the various actions and the means by which consistency will be achieved with other general plan elements and community goals.
(8)Include a diligent effort by the local government to achieve public participation of all economic segments of the community in the development of the housing element, and the program shall describe this effort.
(d)(1)A local government may satisfy all or part of its requirement to identify a zone or zones suitable for the development of emergency shelters pursuant to paragraph (4) of subdivision (a) by adopting and implementing a multijurisdictional agreement, with a maximum of two other adjacent communities, that requires the participating jurisdictions to develop at least one year-round emergency shelter within two years of the beginning of the planning period.
(2)The agreement shall allocate a portion of the new shelter capacity to each jurisdiction as credit toward its emergency shelter need, and each jurisdiction shall describe how the capacity was allocated as part of its housing element.
(3)Each member jurisdiction of a multijurisdictional agreement shall describe in its housing element all of the following:
(A)How the joint facility will meet the jurisdictions emergency shelter need.
(B)The jurisdictions contribution to the facility for both the development and ongoing operation and management of the facility.
(C)The amount and source of the funding that the jurisdiction contributes to the facility.
(4)The aggregate capacity claimed by the participating jurisdictions in their housing elements shall not exceed the actual capacity of the shelter.
(e)Except as otherwise provided in this article, amendments to this article that alter the required content of a housing element shall apply to both of the following:
(1)A housing element or housing element amendment prepared pursuant to subdivision (e) of Section 65588 or Section 65584.02, when a city, county, or city and county submits a draft to the department for review pursuant to Section 65585 more than 90 days after the effective date of the amendment to this section.
(2)Any housing element or housing element amendment prepared pursuant to subdivision (e) of Section 65588 or Section 65584.02, when the city, county, or city and county fails to submit the first draft to the department before the due date specified in Section 65588 or 65584.02.
(f)The deadline for completing required rezoning pursuant to subparagraph (A) of paragraph (1) of subdivision (c) shall be extended by one year if the local government has completed the rezoning at densities sufficient to accommodate at least 75 percent of the units for low- and very low income households and if the legislative body at the conclusion of a public hearing determines, based upon substantial evidence, that any of the following circumstances exist:
(1)The local government has been unable to complete the rezoning because of the action or inaction beyond the control of the local government of any other state, federal, or local agency.
(2)The local government is unable to complete the rezoning because of infrastructure deficiencies due to fiscal or regulatory constraints.
(3)The local government must undertake a major revision to its general plan in order to accommodate the housing-related policies of a sustainable communities strategy or an alternative planning strategy adopted pursuant to Section 65080.
The resolution and the findings shall be transmitted to the department together with a detailed budget and schedule for preparation and adoption of the required rezonings, including plans for citizen participation and expected interim action. The schedule shall provide for adoption of the required rezoning within one year of the adoption of the resolution.
(g)(1)If a local government fails to complete the rezoning by the deadline provided in subparagraph (A) of paragraph (1) of subdivision (c), as it may be extended pursuant to subdivision (f), except as provided in paragraph (2), a local government may not disapprove a housing development project, nor require a conditional use permit, planned unit development permit, or other locally imposed discretionary permit, or impose a condition that would render the project infeasible, if the housing development project (A) is proposed to be located on a site required to be rezoned pursuant to the program action required by that subparagraph and (B) complies with applicable, objective general plan and zoning standards and criteria, including design review standards, described in the program action required by that subparagraph. Any subdivision of sites shall be subject to the Subdivision Map Act (Division 2 (commencing with Section 66410)). Design review shall not constitute a project for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code.
(2)A local government may disapprove a housing development described in paragraph (1) if it makes written findings supported by substantial evidence on the record that both of the following conditions exist:
(A)The housing development project would have a specific, adverse impact upon the public health or safety unless the project is disapproved or approved upon the condition that the project be developed at a lower density. As used in this paragraph, a specific, adverse impact means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.
(B)There is no feasible method to satisfactorily mitigate or avoid the adverse impact identified pursuant to paragraph (1), other than the disapproval of the housing development project or the approval of the project upon the condition that it be developed at a lower density.
(3)The applicant or any interested person may bring an action to enforce this subdivision. If a court finds that the local agency disapproved a project or conditioned its approval in violation of this subdivision, the court shall issue an order or judgment compelling compliance within 60 days. The court shall retain jurisdiction to ensure that its order or judgment is carried out. If the court determines that its order or judgment has not been carried out within 60 days, the court may issue further orders to ensure that the purposes and policies of this subdivision are fulfilled. In any such action, the city, county, or city and county shall bear the burden of proof.
(4)For purposes of this subdivision, housing development project means a project to construct residential units for which the project developer provides sufficient legal commitments to the appropriate local agency to ensure the continued availability and use of at least 49 percent of the housing units for very low, low-, and moderate-income households with an affordable housing cost or affordable rent, as defined in Section 50052.5 or 50053 of the Health and Safety Code, respectively, for the period required by the applicable financing.
(h)An action to enforce the program actions of the housing element shall be brought pursuant to Section 1085 of the Code of Civil Procedure.
(a)Notwithstanding any other provision of this chapter, one or more private, nonprofit corporations that are organized pursuant to Section 501(c)(3) of the Internal Revenue Code and provide services to homeless persons or for the prevention of homelessness may form a joint powers agency or enter into a joint powers agreement with one or more public agencies. The agency formed pursuant to this joint powers agreement shall be deemed a public entity, as described in Section 6507, except that, notwithstanding any other law, the agency shall not have the power to incur debt.
(b)The purpose of a joint powers agency or agreement authorized by this section shall be to encourage and ease the sharing of information between public agencies and nonprofit corporations, pursuant to subdivision (a), necessary to identify the most costly, frequent users of publicly funded emergency services in order to provide frequent user coordinated care housing services, as defined in subdivision (e) of Section 65582, to homeless persons or to prevent homelessness.
(c)An agency formed pursuant to subdivision (a) shall be governed by a board of directors, the composition of which shall be determined by the participating public agency or agencies. The representation of private nonprofit corporations on the board of directors shall not exceed 50 percent.
(d)This section shall remain in effect only until January 1, 2024, and as of that date is repealed.
SEC. 2.Section 65582 of the Government Code is amended to read:65582.As used in this article, the following definitions apply:
(a)Community, locality, local government, or jurisdiction means a city, city and county, or county.
(b)Council of governments means a single or multicounty council created by a joint powers agreement pursuant to Chapter 5 (commencing with Section 6500) of Division 1 of Title 1.
(c)Department means the Department of Housing and Community Development.
(d)Emergency shelter has the same meaning as defined in subdivision (e) of Section 50801 of the Health and Safety Code.
(e)Frequent user coordinated care housing services means housing combined with other supportive services for homeless persons identified by a city or county as the most costly, frequent users of publicly funded emergency services.
(f)Housing element or element means the housing element of the communitys general plan, as required pursuant to this article and subdivision (c) of Section 65302.
(g)Supportive housing means housing with no limit on length of stay, that is occupied by the target population, and that is linked to an onsite or offsite service that assists the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community.
(h)Supportive services include, but are not limited to, a combination of subsidized, permanent housing, intensive case management, medical and mental health care, substance abuse treatment, employment services, and benefits advocacy.
(i)Target population means persons with low incomes who have one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health condition, or individuals eligible for services provided pursuant to the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code) and may include, among other populations, adults, emancipated minors, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homeless people.
(j)Transitional housing means buildings configured as rental housing developments, but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than six months from the beginning of the assistance.
SEC. 3.Section 65583 of the Government Code is amended to read:65583.The housing element shall consist of an identification and analysis of existing and projected housing needs and a statement of goals, policies, quantified objectives, financial resources, and scheduled programs for the preservation, improvement, and development of housing. The housing element shall identify adequate sites for housing, including rental housing, factory-built housing, mobilehomes, and emergency shelters, and shall make adequate provision for the existing and projected needs of all economic segments of the community. The element shall contain all of the following:
(a)An assessment of housing needs and an inventory of resources and constraints relevant to the meeting of these needs. The assessment and inventory shall include all of the following:
(1)An analysis of population and employment trends and documentation of projections and a quantification of the localitys existing and projected housing needs for all income levels, including extremely low income households, as defined in subdivision (b) of Section 50105 and Section 50106 of the Health and Safety Code. These existing and projected needs shall include the localitys share of the regional housing need in accordance with Section 65584. Local agencies shall calculate the subset of very low income households allotted under Section 65584 that qualify as extremely low income households. The local agency may either use available census data to calculate the percentage of very low income households that qualify as extremely low income households or presume that 50 percent of the very low income households qualify as extremely low income households. The number of extremely low income households and very low income households shall equal the jurisdictions allocation of very low income households pursuant to Section 65584.
(2)An analysis and documentation of household characteristics, including level of payment compared to ability to pay, housing characteristics, including overcrowding, and housing stock condition.
(3)An inventory of land suitable for residential development, including vacant sites and sites having potential for redevelopment, and an analysis of the relationship of zoning and public facilities and services to these sites.
(4)(A)The identification of a zone or zones where emergency shelters are allowed as a permitted use without a conditional use or other discretionary permit. The identified zone or zones shall include sufficient capacity to accommodate the need for emergency shelter identified in paragraph (7), except that each local government shall identify a zone or zones that can accommodate at least one year-round emergency shelter. If the local government cannot identify a zone or zones with sufficient capacity, the local government shall include a program to amend its zoning ordinance to meet the requirements of this paragraph within one year of the adoption of the housing element. The local government may identify additional zones where emergency shelters are permitted with a conditional use permit. The local government shall also demonstrate that existing or proposed permit processing, development, and management standards are objective and encourage and facilitate the development of, or conversion to, emergency shelters. Emergency shelters may only be subject to those development and management standards that apply to residential or commercial development within the same zone except that a local government may apply written, objective standards that include all of the following:
(i)The maximum number of beds or persons permitted to be served nightly by the facility.
(ii)Off-street parking based upon demonstrated need, provided that the standards do not require more parking for emergency shelters than for other residential or commercial uses within the same zone.
(iii)The size and location of exterior and interior onsite waiting and client intake areas.
(iv)The provision of onsite management.
(v)The proximity to other emergency shelters, provided that emergency shelters are not required to be more than 300 feet apart.
(vi)The length of stay.
(vii)Lighting.
(viii)Security during hours that the emergency shelter is in operation.
(B)The permit processing, development, and management standards applied under this paragraph shall not be deemed to be discretionary acts within the meaning of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).
(C)A local government that can demonstrate to the satisfaction of the department the existence of one or more emergency shelters either within its jurisdiction or pursuant to a multijurisdictional agreement that can accommodate that jurisdictions need for emergency shelter identified in paragraph (7) may comply with the zoning requirements of subparagraph (A) by identifying a zone or zones where new emergency shelters are allowed with a conditional use permit.
(D)A local government with an existing ordinance or ordinances that comply with this paragraph shall not be required to take additional action to identify zones for emergency shelters. The housing element must only describe how existing ordinances, policies, and standards are consistent with the requirements of this paragraph.
(5)An analysis of potential and actual governmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the types of housing identified in paragraph (1) of subdivision (c), and for persons with disabilities as identified in the analysis pursuant to paragraph (7), including land use controls, building codes and their enforcement, site improvements, fees and other exactions required of developers, and local processing and permit procedures. The analysis shall also demonstrate local efforts to remove governmental constraints that hinder the locality from meeting its share of the regional housing need in accordance with Section 65584 and from meeting the need for housing for persons with disabilities, supportive housing, transitional housing, and emergency shelters identified pursuant to paragraph (7). Transitional housing and supportive housing shall be considered a residential use of property, and shall be subject only to those restrictions that apply to other residential dwellings of the same type in the same zone.
(6)An analysis of potential and actual nongovernmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the availability of financing, the price of land, and the cost of construction.
(7)An analysis of any special housing needs, such as those of the elderly; persons with disabilities, including a developmental disability, as defined in Section 4512 of the Welfare and Institutions Code; large families; farmworkers; families with female heads of households; and families and persons in need of emergency shelter. The need for emergency shelter shall be assessed based on annual and seasonal need. The need for emergency shelter may be reduced by the number of supportive housing units that are identified in an adopted 10-year plan to end chronic homelessness and that are either vacant or for which funding has been identified to allow construction during the planning period. An analysis of special housing needs by a city or county may include an analysis of the need for frequent user coordinated care housing services.
(8)An analysis of opportunities for energy conservation with respect to residential development. Cities and counties are encouraged to include weatherization and energy efficiency improvements as part of publicly subsidized housing rehabilitation projects. This may include energy efficiency measures that encompass the building envelope, its heating and cooling systems, and its electrical system.
(9)An analysis of existing assisted housing developments that are eligible to change from low-income housing uses during the next 10 years due to termination of subsidy contracts, mortgage prepayment, or expiration of restrictions on use. Assisted housing developments, for the purpose of this section, shall mean multifamily rental housing that receives governmental assistance under federal programs listed in subdivision (a) of Section 65863.10, state and local multifamily revenue bond programs, local redevelopment programs, the federal Community Development Block Grant Program, or local in-lieu fees. Assisted housing developments shall also include multifamily rental units that were developed pursuant to a local inclusionary housing program or used to qualify for a density bonus pursuant to Section 65916.
(A)The analysis shall include a listing of each development by project name and address, the type of governmental assistance received, the earliest possible date of change from low-income use, and the total number of elderly and nonelderly units that could be lost from the localitys low-income housing stock in each year during the 10-year period. For purposes of state and federally funded projects, the analysis required by this subparagraph need only contain information available on a statewide basis.
(B)The analysis shall estimate the total cost of producing new rental housing that is comparable in size and rent levels, to replace the units that could change from low-income use, and an estimated cost of preserving the assisted housing developments. This cost analysis for replacement housing may be done aggregately for each five-year period and does not have to contain a project-by-project cost estimate.
(C)The analysis shall identify public and private nonprofit corporations known to the local government which have legal and managerial capacity to acquire and manage these housing developments.
(D)The analysis shall identify and consider the use of all federal, state, and local financing and subsidy programs which can be used to preserve, for lower income households, the assisted housing developments, identified in this paragraph, including, but not limited to, federal Community Development Block Grant Program funds, tax increment funds received by a redevelopment agency of the community, and administrative fees received by a housing authority operating within the community. In considering the use of these financing and subsidy programs, the analysis shall identify the amounts of funds under each available program which have not been legally obligated for other purposes and which could be available for use in preserving assisted housing developments.
(b)(1)A statement of the communitys goals, quantified objectives, and policies relative to the maintenance, preservation, improvement, and development of housing.
(2)It is recognized that the total housing needs identified pursuant to subdivision (a) may exceed available resources and the communitys ability to satisfy this need within the content of the general plan requirements outlined in Article 5 (commencing with Section 65300). Under these circumstances, the quantified objectives need not be identical to the total housing needs. The quantified objectives shall establish the maximum number of housing units by income category, including extremely low income, that can be constructed, rehabilitated, and conserved over a five-year time period.
(c)A program which sets forth a schedule of actions during the planning period, each with a timeline for implementation, which may recognize that certain programs are ongoing, such that there will be beneficial impacts of the programs within the planning period, that the local government is undertaking or intends to undertake to implement the policies and achieve the goals and objectives of the housing element through the administration of land use and development controls, the provision of regulatory concessions and incentives, the utilization of appropriate federal and state financing and subsidy programs when available, and the utilization of moneys in a low- and moderate-income housing fund of an agency if the locality has established a redevelopment project area pursuant to the Community Redevelopment Law (Division 24 (commencing with Section 33000) of the Health and Safety Code). In order to make adequate provision for the housing needs of all economic segments of the community, the program shall do all of the following:
(1)Identify actions that will be taken to make sites available during the planning period with appropriate zoning and development standards and with services and facilities to accommodate that portion of the citys or countys share of the regional housing need for each income level that could not be accommodated on sites identified in the inventory completed pursuant to paragraph (3) of subdivision (a) without rezoning, and to comply with the requirements of Section 65584.09. Sites shall be identified as needed to facilitate and encourage the development of a variety of types of housing for all income levels, including multifamily rental housing, factory-built housing, mobilehomes, housing for agricultural employees, supportive housing, single-room occupancy units, emergency shelters, and transitional housing.
(A)Where the inventory of sites, pursuant to paragraph (3) of subdivision (a), does not identify adequate sites to accommodate the need for groups of all household income levels pursuant to Section 65584, rezoning of those sites, including adoption of minimum density and development standards, for jurisdictions with an eight-year housing element planning period pursuant to Section 65588, shall be completed no later than three years after either the date the housing element is adopted pursuant to subdivision (f) of Section 65585 or the date that is 90 days after receipt of comments from the department pursuant to subdivision (b) of Section 65585, whichever is earlier, unless the deadline is extended pursuant to subdivision (f). Notwithstanding the foregoing, for a local government that fails to adopt a housing element within 120 days of the statutory deadline in Section 65588 for adoption of the housing element, rezoning of those sites, including adoption of minimum density and development standards, shall be completed no later than three years and 120 days from the statutory deadline in Section 65588 for adoption of the housing element.
(B)Where the inventory of sites, pursuant to paragraph (3) of subdivision (a), does not identify adequate sites to accommodate the need for groups of all household income levels pursuant to Section 65584, the program shall identify sites that can be developed for housing within the planning period pursuant to subdivision (h) of Section 65583.2. The identification of sites shall include all components specified in subdivision (b) of Section 65583.2.
(C)Where the inventory of sites pursuant to paragraph (3) of subdivision (a) does not identify adequate sites to accommodate the need for farmworker housing, the program shall provide for sufficient sites to meet the need with zoning that permits farmworker housing use by right, including density and development standards that could accommodate and facilitate the feasibility of the development of farmworker housing for low- and very low income households.
(2)Assist in the development of adequate housing to meet the needs of extremely low, very low, low-, and moderate-income households.
(3)Address and, where appropriate and legally possible, remove governmental constraints to the maintenance, improvement, and development of housing, including housing for all income levels and housing for persons with disabilities. The program shall remove constraints to, and provide reasonable accommodations for housing designed for, intended for occupancy by, or with supportive services for, persons with disabilities.
(4)Conserve and improve the condition of the existing affordable housing stock, which may include addressing ways to mitigate the loss of dwelling units demolished by public or private action.
(5)Promote housing opportunities for all persons regardless of race, religion, sex, marital status, ancestry, national origin, color, familial status, or disability.
(6)Preserve for lower income households the assisted housing developments identified pursuant to paragraph (9) of subdivision (a). The program for preservation of the assisted housing developments shall utilize, to the extent necessary, all available federal, state, and local financing and subsidy programs identified in paragraph (9) of subdivision (a), except where a community has other urgent needs for which alternative funding sources are not available. The program may include strategies that involve local regulation and technical assistance.
(7) Include an identification of the agencies and officials responsible for the implementation of the various actions and the means by which consistency will be achieved with other general plan elements and community goals.
(8)Include a diligent effort by the local government to achieve public participation of all economic segments of the community in the development of the housing element, and the program shall describe this effort.
(d)(1)A local government may satisfy all or part of its requirement to identify a zone or zones suitable for the development of emergency shelters pursuant to paragraph (4) of subdivision (a) by adopting and implementing a multijurisdictional agreement, with a maximum of two other adjacent communities, that requires the participating jurisdictions to develop at least one year-round emergency shelter within two years of the beginning of the planning period.
(2)The agreement shall allocate a portion of the new shelter capacity to each jurisdiction as credit toward its emergency shelter need, and each jurisdiction shall describe how the capacity was allocated as part of its housing element.
(3)Each member jurisdiction of a multijurisdictional agreement shall describe in its housing element all of the following:
(A)How the joint facility will meet the jurisdictions emergency shelter need.
(B)The jurisdictions contribution to the facility for both the development and ongoing operation and management of the facility.
(C)The amount and source of the funding that the jurisdiction contributes to the facility.
(4)The aggregate capacity claimed by the participating jurisdictions in their housing elements shall not exceed the actual capacity of the shelter.
(e)Except as otherwise provided in this article, amendments to this article that alter the required content of a housing element shall apply to both of the following:
(1)A housing element or housing element amendment prepared pursuant to subdivision (e) of Section 65588 or Section 65584.02, when a city, county, or city and county submits a draft to the department for review pursuant to Section 65585 more than 90 days after the effective date of the amendment to this section.
(2)Any housing element or housing element amendment prepared pursuant to subdivision (e) of Section 65588 or Section 65584.02, when the city, county, or city and county fails to submit the first draft to the department before the due date specified in Section 65588 or 65584.02.
(f)The deadline for completing required rezoning pursuant to subparagraph (A) of paragraph (1) of subdivision (c) shall be extended by one year if the local government has completed the rezoning at densities sufficient to accommodate at least 75 percent of the units for low- and very low income households and if the legislative body at the conclusion of a public hearing determines, based upon substantial evidence, that any of the following circumstances exist:
(1)The local government has been unable to complete the rezoning because of the action or inaction beyond the control of the local government of any other state, federal, or local agency.
(2)The local government is unable to complete the rezoning because of infrastructure deficiencies due to fiscal or regulatory constraints.
(3)The local government must undertake a major revision to its general plan in order to accommodate the housing-related policies of a sustainable communities strategy or an alternative planning strategy adopted pursuant to Section 65080.
The resolution and the findings shall be transmitted to the department together with a detailed budget and schedule for preparation and adoption of the required rezonings, including plans for citizen participation and expected interim action. The schedule shall provide for adoption of the required rezoning within one year of the adoption of the resolution.
(g)(1)If a local government fails to complete the rezoning by the deadline provided in subparagraph (A) of paragraph (1) of subdivision (c), as it may be extended pursuant to subdivision (f), except as provided in paragraph (2), a local government may not disapprove a housing development project, nor require a conditional use permit, planned unit development permit, or other locally imposed discretionary permit, or impose a condition that would render the project infeasible, if the housing development project (A) is proposed to be located on a site required to be rezoned pursuant to the program action required by that subparagraph and (B) complies with applicable, objective general plan and zoning standards and criteria, including design review standards, described in the program action required by that subparagraph. Any subdivision of sites shall be subject to the Subdivision Map Act (Division 2 (commencing with Section 66410)). Design review shall not constitute a project for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code.
(2)A local government may disapprove a housing development described in paragraph (1) if it makes written findings supported by substantial evidence on the record that both of the following conditions exist:
(A)The housing development project would have a specific, adverse impact upon the public health or safety unless the project is disapproved or approved upon the condition that the project be developed at a lower density. As used in this paragraph, a specific, adverse impact means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.
(B)There is no feasible method to satisfactorily mitigate or avoid the adverse impact identified pursuant to paragraph (1), other than the disapproval of the housing development project or the approval of the project upon the condition that it be developed at a lower density.
(3)The applicant or any interested person may bring an action to enforce this subdivision. If a court finds that the local agency disapproved a project or conditioned its approval in violation of this subdivision, the court shall issue an order or judgment compelling compliance within 60 days. The court shall retain jurisdiction to ensure that its order or judgment is carried out. If the court determines that its order or judgment has not been carried out within 60 days, the court may issue further orders to ensure that the purposes and policies of this subdivision are fulfilled. In any such action, the city, county, or city and county shall bear the burden of proof.
(4)For purposes of this subdivision, housing development project means a project to construct residential units for which the project developer provides sufficient legal commitments to the appropriate local agency to ensure the continued availability and use of at least 49 percent of the housing units for very low, low-, and moderate-income households with an affordable housing cost or affordable rent, as defined in Section 50052.5 or 50053 of the Health and Safety Code, respectively, for the period required by the applicable financing.
(h)An action to enforce the program actions of the housing element shall be brought pursuant to Section 1085 of the Code of Civil Procedure.
(a)Notwithstanding any other provision of this chapter, one or more private, nonprofit corporations that are organized pursuant to Section 501(c)(3) of the Internal Revenue Code and provide services to homeless persons or for the prevention of homelessness may form a joint powers agency or enter into a joint powers agreement with one or more public agencies. The agency formed pursuant to this joint powers agreement shall be deemed a public entity, as described in Section 6507, except that, notwithstanding any other law, the agency shall not have the power to incur debt.
(b)The purpose of a joint powers agency or agreement authorized by this section shall be to encourage and ease the sharing of information between public agencies and nonprofit corporations, pursuant to subdivision (a), necessary to identify the most costly, frequent users of publicly funded emergency services in order to provide frequent user coordinated care housing services, as defined in subdivision (e) of Section 65582, to homeless persons or to prevent homelessness.
(c)An agency formed pursuant to subdivision (a) shall be governed by a board of directors, the composition of which shall be determined by the participating public agency or agencies. The representation of private nonprofit corporations on the board of directors shall not exceed 50 percent.
(d)This section shall remain in effect only until January 1, 2024, and as of that date is repealed.
SEC. 2.Section 65582 of the Government Code is amended to read:65582.As used in this article, the following definitions apply:
(a)Community, locality, local government, or jurisdiction means a city, city and county, or county.
(b)Council of governments means a single or multicounty council created by a joint powers agreement pursuant to Chapter 5 (commencing with Section 6500) of Division 1 of Title 1.
(c)Department means the Department of Housing and Community Development.
(d)Emergency shelter has the same meaning as defined in subdivision (e) of Section 50801 of the Health and Safety Code.
(e)Frequent user coordinated care housing services means housing combined with other supportive services for homeless persons identified by a city or county as the most costly, frequent users of publicly funded emergency services.
(f)Housing element or element means the housing element of the communitys general plan, as required pursuant to this article and subdivision (c) of Section 65302.
(g)Supportive housing means housing with no limit on length of stay, that is occupied by the target population, and that is linked to an onsite or offsite service that assists the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community.
(h)Supportive services include, but are not limited to, a combination of subsidized, permanent housing, intensive case management, medical and mental health care, substance abuse treatment, employment services, and benefits advocacy.
(i)Target population means persons with low incomes who have one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health condition, or individuals eligible for services provided pursuant to the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code) and may include, among other populations, adults, emancipated minors, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homeless people.
(j)Transitional housing means buildings configured as rental housing developments, but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than six months from the beginning of the assistance.
SEC. 3.Section 65583 of the Government Code is amended to read:65583.The housing element shall consist of an identification and analysis of existing and projected housing needs and a statement of goals, policies, quantified objectives, financial resources, and scheduled programs for the preservation, improvement, and development of housing. The housing element shall identify adequate sites for housing, including rental housing, factory-built housing, mobilehomes, and emergency shelters, and shall make adequate provision for the existing and projected needs of all economic segments of the community. The element shall contain all of the following:
(a)An assessment of housing needs and an inventory of resources and constraints relevant to the meeting of these needs. The assessment and inventory shall include all of the following:
(1)An analysis of population and employment trends and documentation of projections and a quantification of the localitys existing and projected housing needs for all income levels, including extremely low income households, as defined in subdivision (b) of Section 50105 and Section 50106 of the Health and Safety Code. These existing and projected needs shall include the localitys share of the regional housing need in accordance with Section 65584. Local agencies shall calculate the subset of very low income households allotted under Section 65584 that qualify as extremely low income households. The local agency may either use available census data to calculate the percentage of very low income households that qualify as extremely low income households or presume that 50 percent of the very low income households qualify as extremely low income households. The number of extremely low income households and very low income households shall equal the jurisdictions allocation of very low income households pursuant to Section 65584.
(2)An analysis and documentation of household characteristics, including level of payment compared to ability to pay, housing characteristics, including overcrowding, and housing stock condition.
(3)An inventory of land suitable for residential development, including vacant sites and sites having potential for redevelopment, and an analysis of the relationship of zoning and public facilities and services to these sites.
(4)(A)The identification of a zone or zones where emergency shelters are allowed as a permitted use without a conditional use or other discretionary permit. The identified zone or zones shall include sufficient capacity to accommodate the need for emergency shelter identified in paragraph (7), except that each local government shall identify a zone or zones that can accommodate at least one year-round emergency shelter. If the local government cannot identify a zone or zones with sufficient capacity, the local government shall include a program to amend its zoning ordinance to meet the requirements of this paragraph within one year of the adoption of the housing element. The local government may identify additional zones where emergency shelters are permitted with a conditional use permit. The local government shall also demonstrate that existing or proposed permit processing, development, and management standards are objective and encourage and facilitate the development of, or conversion to, emergency shelters. Emergency shelters may only be subject to those development and management standards that apply to residential or commercial development within the same zone except that a local government may apply written, objective standards that include all of the following:
(i)The maximum number of beds or persons permitted to be served nightly by the facility.
(ii)Off-street parking based upon demonstrated need, provided that the standards do not require more parking for emergency shelters than for other residential or commercial uses within the same zone.
(iii)The size and location of exterior and interior onsite waiting and client intake areas.
(iv)The provision of onsite management.
(v)The proximity to other emergency shelters, provided that emergency shelters are not required to be more than 300 feet apart.
(vi)The length of stay.
(vii)Lighting.
(viii)Security during hours that the emergency shelter is in operation.
(B)The permit processing, development, and management standards applied under this paragraph shall not be deemed to be discretionary acts within the meaning of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).
(C)A local government that can demonstrate to the satisfaction of the department the existence of one or more emergency shelters either within its jurisdiction or pursuant to a multijurisdictional agreement that can accommodate that jurisdictions need for emergency shelter identified in paragraph (7) may comply with the zoning requirements of subparagraph (A) by identifying a zone or zones where new emergency shelters are allowed with a conditional use permit.
(D)A local government with an existing ordinance or ordinances that comply with this paragraph shall not be required to take additional action to identify zones for emergency shelters. The housing element must only describe how existing ordinances, policies, and standards are consistent with the requirements of this paragraph.
(5)An analysis of potential and actual governmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the types of housing identified in paragraph (1) of subdivision (c), and for persons with disabilities as identified in the analysis pursuant to paragraph (7), including land use controls, building codes and their enforcement, site improvements, fees and other exactions required of developers, and local processing and permit procedures. The analysis shall also demonstrate local efforts to remove governmental constraints that hinder the locality from meeting its share of the regional housing need in accordance with Section 65584 and from meeting the need for housing for persons with disabilities, supportive housing, transitional housing, and emergency shelters identified pursuant to paragraph (7). Transitional housing and supportive housing shall be considered a residential use of property, and shall be subject only to those restrictions that apply to other residential dwellings of the same type in the same zone.
(6)An analysis of potential and actual nongovernmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the availability of financing, the price of land, and the cost of construction.
(7)An analysis of any special housing needs, such as those of the elderly; persons with disabilities, including a developmental disability, as defined in Section 4512 of the Welfare and Institutions Code; large families; farmworkers; families with female heads of households; and families and persons in need of emergency shelter. The need for emergency shelter shall be assessed based on annual and seasonal need. The need for emergency shelter may be reduced by the number of supportive housing units that are identified in an adopted 10-year plan to end chronic homelessness and that are either vacant or for which funding has been identified to allow construction during the planning period. An analysis of special housing needs by a city or county may include an analysis of the need for frequent user coordinated care housing services.
(8)An analysis of opportunities for energy conservation with respect to residential development. Cities and counties are encouraged to include weatherization and energy efficiency improvements as part of publicly subsidized housing rehabilitation projects. This may include energy efficiency measures that encompass the building envelope, its heating and cooling systems, and its electrical system.
(9)An analysis of existing assisted housing developments that are eligible to change from low-income housing uses during the next 10 years due to termination of subsidy contracts, mortgage prepayment, or expiration of restrictions on use. Assisted housing developments, for the purpose of this section, shall mean multifamily rental housing that receives governmental assistance under federal programs listed in subdivision (a) of Section 65863.10, state and local multifamily revenue bond programs, local redevelopment programs, the federal Community Development Block Grant Program, or local in-lieu fees. Assisted housing developments shall also include multifamily rental units that were developed pursuant to a local inclusionary housing program or used to qualify for a density bonus pursuant to Section 65916.
(A)The analysis shall include a listing of each development by project name and address, the type of governmental assistance received, the earliest possible date of change from low-income use, and the total number of elderly and nonelderly units that could be lost from the localitys low-income housing stock in each year during the 10-year period. For purposes of state and federally funded projects, the analysis required by this subparagraph need only contain information available on a statewide basis.
(B)The analysis shall estimate the total cost of producing new rental housing that is comparable in size and rent levels, to replace the units that could change from low-income use, and an estimated cost of preserving the assisted housing developments. This cost analysis for replacement housing may be done aggregately for each five-year period and does not have to contain a project-by-project cost estimate.
(C)The analysis shall identify public and private nonprofit corporations known to the local government which have legal and managerial capacity to acquire and manage these housing developments.
(D)The analysis shall identify and consider the use of all federal, state, and local financing and subsidy programs which can be used to preserve, for lower income households, the assisted housing developments, identified in this paragraph, including, but not limited to, federal Community Development Block Grant Program funds, tax increment funds received by a redevelopment agency of the community, and administrative fees received by a housing authority operating within the community. In considering the use of these financing and subsidy programs, the analysis shall identify the amounts of funds under each available program which have not been legally obligated for other purposes and which could be available for use in preserving assisted housing developments.
(b)(1)A statement of the communitys goals, quantified objectives, and policies relative to the maintenance, preservation, improvement, and development of housing.
(2)It is recognized that the total housing needs identified pursuant to subdivision (a) may exceed available resources and the communitys ability to satisfy this need within the content of the general plan requirements outlined in Article 5 (commencing with Section 65300). Under these circumstances, the quantified objectives need not be identical to the total housing needs. The quantified objectives shall establish the maximum number of housing units by income category, including extremely low income, that can be constructed, rehabilitated, and conserved over a five-year time period.
(c)A program which sets forth a schedule of actions during the planning period, each with a timeline for implementation, which may recognize that certain programs are ongoing, such that there will be beneficial impacts of the programs within the planning period, that the local government is undertaking or intends to undertake to implement the policies and achieve the goals and objectives of the housing element through the administration of land use and development controls, the provision of regulatory concessions and incentives, the utilization of appropriate federal and state financing and subsidy programs when available, and the utilization of moneys in a low- and moderate-income housing fund of an agency if the locality has established a redevelopment project area pursuant to the Community Redevelopment Law (Division 24 (commencing with Section 33000) of the Health and Safety Code). In order to make adequate provision for the housing needs of all economic segments of the community, the program shall do all of the following:
(1)Identify actions that will be taken to make sites available during the planning period with appropriate zoning and development standards and with services and facilities to accommodate that portion of the citys or countys share of the regional housing need for each income level that could not be accommodated on sites identified in the inventory completed pursuant to paragraph (3) of subdivision (a) without rezoning, and to comply with the requirements of Section 65584.09. Sites shall be identified as needed to facilitate and encourage the development of a variety of types of housing for all income levels, including multifamily rental housing, factory-built housing, mobilehomes, housing for agricultural employees, supportive housing, single-room occupancy units, emergency shelters, and transitional housing.
(A)Where the inventory of sites, pursuant to paragraph (3) of subdivision (a), does not identify adequate sites to accommodate the need for groups of all household income levels pursuant to Section 65584, rezoning of those sites, including adoption of minimum density and development standards, for jurisdictions with an eight-year housing element planning period pursuant to Section 65588, shall be completed no later than three years after either the date the housing element is adopted pursuant to subdivision (f) of Section 65585 or the date that is 90 days after receipt of comments from the department pursuant to subdivision (b) of Section 65585, whichever is earlier, unless the deadline is extended pursuant to subdivision (f). Notwithstanding the foregoing, for a local government that fails to adopt a housing element within 120 days of the statutory deadline in Section 65588 for adoption of the housing element, rezoning of those sites, including adoption of minimum density and development standards, shall be completed no later than three years and 120 days from the statutory deadline in Section 65588 for adoption of the housing element.
(B)Where the inventory of sites, pursuant to paragraph (3) of subdivision (a), does not identify adequate sites to accommodate the need for groups of all household income levels pursuant to Section 65584, the program shall identify sites that can be developed for housing within the planning period pursuant to subdivision (h) of Section 65583.2. The identification of sites shall include all components specified in subdivision (b) of Section 65583.2.
(C)Where the inventory of sites pursuant to paragraph (3) of subdivision (a) does not identify adequate sites to accommodate the need for farmworker housing, the program shall provide for sufficient sites to meet the need with zoning that permits farmworker housing use by right, including density and development standards that could accommodate and facilitate the feasibility of the development of farmworker housing for low- and very low income households.
(2)Assist in the development of adequate housing to meet the needs of extremely low, very low, low-, and moderate-income households.
(3)Address and, where appropriate and legally possible, remove governmental constraints to the maintenance, improvement, and development of housing, including housing for all income levels and housing for persons with disabilities. The program shall remove constraints to, and provide reasonable accommodations for housing designed for, intended for occupancy by, or with supportive services for, persons with disabilities.
(4)Conserve and improve the condition of the existing affordable housing stock, which may include addressing ways to mitigate the loss of dwelling units demolished by public or private action.
(5)Promote housing opportunities for all persons regardless of race, religion, sex, marital status, ancestry, national origin, color, familial status, or disability.
(6)Preserve for lower income households the assisted housing developments identified pursuant to paragraph (9) of subdivision (a). The program for preservation of the assisted housing developments shall utilize, to the extent necessary, all available federal, state, and local financing and subsidy programs identified in paragraph (9) of subdivision (a), except where a community has other urgent needs for which alternative funding sources are not available. The program may include strategies that involve local regulation and technical assistance.
(7) Include an identification of the agencies and officials responsible for the implementation of the various actions and the means by which consistency will be achieved with other general plan elements and community goals.
(8)Include a diligent effort by the local government to achieve public participation of all economic segments of the community in the development of the housing element, and the program shall describe this effort.
(d)(1)A local government may satisfy all or part of its requirement to identify a zone or zones suitable for the development of emergency shelters pursuant to paragraph (4) of subdivision (a) by adopting and implementing a multijurisdictional agreement, with a maximum of two other adjacent communities, that requires the participating jurisdictions to develop at least one year-round emergency shelter within two years of the beginning of the planning period.
(2)The agreement shall allocate a portion of the new shelter capacity to each jurisdiction as credit towards toward its emergency shelter need, and each jurisdiction shall describe how the capacity was allocated as part of its housing element.
(3)Each member jurisdiction of a multijurisdictional agreement shall describe in its housing element all of the following:
(A)How the joint facility will meet the jurisdictions emergency shelter need.
(B)The jurisdictions contribution to the facility for both the development and ongoing operation and management of the facility.
(C)The amount and source of the funding that the jurisdiction contributes to the facility.
(4)The aggregate capacity claimed by the participating jurisdictions in their housing elements shall not exceed the actual capacity of the shelter.
(e)Except as otherwise provided in this article, amendments to this article that alter the required content of a housing element shall apply to both of the following:
(1)A housing element or housing element amendment prepared pursuant to subdivision (e) of Section 65588 or Section 65584.02, when a city, county, or city and county submits a draft to the department for review pursuant to Section 65585 more than 90 days after the effective date of the amendment to this section.
(2)Any housing element or housing element amendment prepared pursuant to subdivision (e) of Section 65588 or Section 65584.02, when the city, county, or city and county fails to submit the first draft to the department before the due date specified in Section 65588 or 65584.02.
(f)The deadline for completing required rezoning pursuant to subparagraph (A) of paragraph (1) of subdivision (c) shall be extended by one year if the local government has completed the rezoning at densities sufficient to accommodate at least 75 percent of the units for low- and very low income households and if the legislative body at the conclusion of a public hearing determines, based upon substantial evidence, that any of the following circumstances exist:
(1)The local government has been unable to complete the rezoning because of the action or inaction beyond the control of the local government of any other state, federal, or local agency.
(2)The local government is unable to complete the rezoning because of infrastructure deficiencies due to fiscal or regulatory constraints.
(3)The local government must undertake a major revision to its general plan in order to accommodate the housing-related policies of a sustainable communities strategy or an alternative planning strategy adopted pursuant to Section 65080.
The resolution and the findings shall be transmitted to the department together with a detailed budget and schedule for preparation and adoption of the required rezonings, including plans for citizen participation and expected interim action. The schedule shall provide for adoption of the required rezoning within one year of the adoption of the resolution.
(g)(1)If a local government fails to complete the rezoning by the deadline provided in subparagraph (A) of paragraph (1) of subdivision (c), as it may be extended pursuant to subdivision (f), except as provided in paragraph (2), a local government may not disapprove a housing development project, nor require a conditional use permit, planned unit development permit, or other locally imposed discretionary permit, or impose a condition that would render the project infeasible, if the housing development project (A) is proposed to be located on a site required to be rezoned pursuant to the program action required by that subparagraph and (B) complies with applicable, objective general plan and zoning standards and criteria, including design review standards, described in the program action required by that subparagraph. Any subdivision of sites shall be subject to the Subdivision Map Act (Division 2 (commencing with Section 66410)). Design review shall not constitute a project for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code.
(2)A local government may disapprove a housing development described in paragraph (1) if it makes written findings supported by substantial evidence on the record that both of the following conditions exist:
(A)The housing development project would have a specific, adverse impact upon the public health or safety unless the project is disapproved or approved upon the condition that the project be developed at a lower density. As used in this paragraph, a specific, adverse impact means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.
(B)There is no feasible method to satisfactorily mitigate or avoid the adverse impact identified pursuant to paragraph (1), other than the disapproval of the housing development project or the approval of the project upon the condition that it be developed at a lower density.
(3)The applicant or any interested person may bring an action to enforce this subdivision. If a court finds that the local agency disapproved a project or conditioned its approval in violation of this subdivision, the court shall issue an order or judgment compelling compliance within 60 days. The court shall retain jurisdiction to ensure that its order or judgment is carried out. If the court determines that its order or judgment has not been carried out within 60 days, the court may issue further orders to ensure that the purposes and policies of this subdivision are fulfilled. In any such action, the city, county, or city and county shall bear the burden of proof.
(4)For purposes of this subdivision, housing development project means a project to construct residential units for which the project developer provides sufficient legal commitments to the appropriate local agency to ensure the continued availability and use of at least 49 percent of the housing units for very low, low-, and moderate-income households with an affordable housing cost or affordable rent, as defined in Section 50052.5 or 50053 of the Health and Safety Code, respectively, for the period required by the applicable financing.
(h)An action to enforce the program actions of the housing element shall be brought pursuant to Section 1085 of the Code of Civil Procedure.
(a)Notwithstanding any other provision of this chapter, a one or more private, nonprofit corporation corporations that is are organized pursuant to Section 501(c)(3) of the Internal Revenue Code and provides provide services to homeless persons or for the prevention of homelessness may form a joint powers agency or enter into a joint powers agreement with a one or more public agency for the sole purpose of providing frequent user coordinated care housing services. agencies. The agency formed pursuant to this joint powers agreement shall be deemed a public entity, as described in Section 6507, except that, notwithstanding any other provision of law, the agency shall not have any the power to incur debt.
(b)The purpose of a joint powers agency or agreement authorized by this section shall be to encourage and ease the sharing of information between public agencies and nonprofit corporations, pursuant to subdivision (a), necessary to identify the most costly, frequent users of publicly funded emergency services in order to provide frequent user coordinated care housing services, as defined in subdivision (e) of Section 65582, to homeless persons or to prevent homelessness.
(c)An agency formed pursuant to subdivision (a) shall be governed by a board of directors, the composition of which shall be determined by the participating public agency or agencies. The representation of private nonprofit corporations on the board of directors shall not exceed 50 percent.
SEC. 2.Section 65582 of the Government Code is amended to read:65582.As used in this article, the following definitions apply:
(a)Community, locality, local government, or jurisdiction means a city, city and county, or county.
(b)Council of governments means a single or multicounty council created by a joint powers agreement pursuant to Chapter 5 (commencing with Section 6500) of Division 1 of Title 1.
(c)Department means the Department of Housing and Community Development.
(d)Emergency shelter has the same meaning as defined in subdivision (e) of Section 50801 of the Health and Safety Code.
(e)Frequent user coordinated care housing services means housing combined with other supportive services for homeless persons identified by a city or county as the most costly, frequent users of publicly funded emergency services.
(f)Housing element or element means the housing element of the communitys general plan, as required pursuant to this article and subdivision (c) of Section 65302.
(g)Supportive housing means housing with no limit on length of stay, that is occupied by the target population, and that is linked to an onsite or offsite service that assists the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community.
(h)Supportive services include, but are not limited to, a combination of subsidized, permanent housing, intensive case management, medical and mental health care, substance abuse treatment, employment services, and benefits advocacy.
(i)Target population means persons with low incomes who have one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health condition, or individuals eligible for services provided pursuant to the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code) and may include, among other populations, adults, emancipated minors, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homeless people.
(j)Transitional housing means buildings configured as rental housing developments, but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than six months from the beginning of the assistance.
SEC. 3.Section 65583 of the Government Code is amended to read:65583.The housing element shall consist of an identification and analysis of existing and projected housing needs and a statement of goals, policies, quantified objectives, financial resources, and scheduled programs for the preservation, improvement, and development of housing. The housing element shall identify adequate sites for housing, including rental housing, factory-built housing, mobilehomes, and emergency shelters, and shall make adequate provision for the existing and projected needs of all economic segments of the community. The element shall contain all of the following:
(a)An assessment of housing needs and an inventory of resources and constraints relevant to the meeting of these needs. The assessment and inventory shall include all of the following:
(1)An analysis of population and employment trends and documentation of projections and a quantification of the localitys existing and projected housing needs for all income levels, including extremely low income households, as defined in subdivision (b) of Section 50105 and Section 50106 of the Health and Safety Code. These existing and projected needs shall include the localitys share of the regional housing need in accordance with Section 65584. Local agencies shall calculate the subset of very low income households allotted under Section 65584 that qualify as extremely low income households. The local agency may either use available census data to calculate the percentage of very low income households that qualify as extremely low income households or presume that 50 percent of the very low income households qualify as extremely low income households. The number of extremely low income households and very low income households shall equal the jurisdictions allocation of very low income households pursuant to Section 65584.
(2)An analysis and documentation of household characteristics, including level of payment compared to ability to pay, housing characteristics, including overcrowding, and housing stock condition.
(3)An inventory of land suitable for residential development, including vacant sites and sites having potential for redevelopment, and an analysis of the relationship of zoning and public facilities and services to these sites.
(4)(A)The identification of a zone or zones where emergency shelters are allowed as a permitted use without a conditional use or other discretionary permit. The identified zone or zones shall include sufficient capacity to accommodate the need for emergency shelter identified in paragraph (7), except that each local government shall identify a zone or zones that can accommodate at least one year-round emergency shelter. If the local government cannot identify a zone or zones with sufficient capacity, the local government shall include a program to amend its zoning ordinance to meet the requirements of this paragraph within one year of the adoption of the housing element. The local government may identify additional zones where emergency shelters are permitted with a conditional use permit. The local government shall also demonstrate that existing or proposed permit processing, development, and management standards are objective and encourage and facilitate the development of, or conversion to, emergency shelters. Emergency shelters may only be subject to those development and management standards that apply to residential or commercial development within the same zone except that a local government may apply written, objective standards that include all of the following:
(i)The maximum number of beds or persons permitted to be served nightly by the facility.
(ii)Off-street parking based upon demonstrated need, provided that the standards do not require more parking for emergency shelters than for other residential or commercial uses within the same zone.
(iii)The size and location of exterior and interior onsite waiting and client intake areas.
(iv)The provision of onsite management.
(v)The proximity to other emergency shelters, provided that emergency shelters are not required to be more than 300 feet apart.
(vi)The length of stay.
(vii)Lighting.
(viii)Security during hours that the emergency shelter is in operation.
(B)The permit processing, development, and management standards applied under this paragraph shall not be deemed to be discretionary acts within the meaning of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).
(C)A local government that can demonstrate to the satisfaction of the department the existence of one or more emergency shelters either within its jurisdiction or pursuant to a multijurisdictional agreement that can accommodate that jurisdictions need for emergency shelter identified in paragraph (7) may comply with the zoning requirements of subparagraph (A) by identifying a zone or zones where new emergency shelters are allowed with a conditional use permit.
(D)A local government with an existing ordinance or ordinances that comply with this paragraph shall not be required to take additional action to identify zones for emergency shelters. The housing element must only describe how existing ordinances, policies, and standards are consistent with the requirements of this paragraph.
(5)An analysis of potential and actual governmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the types of housing identified in paragraph (1) of subdivision (c), and for persons with disabilities as identified in the analysis pursuant to paragraph (7), including land use controls, building codes and their enforcement, site improvements, fees and other exactions required of developers, and local processing and permit procedures. The analysis shall also demonstrate local efforts to remove governmental constraints that hinder the locality from meeting its share of the regional housing need in accordance with Section 65584 and from meeting the need for housing for persons with disabilities, supportive housing, transitional housing, and emergency shelters identified pursuant to paragraph (7). Transitional housing and supportive housing shall be considered a residential use of property, and shall be subject only to those restrictions that apply to other residential dwellings of the same type in the same zone.
(6)An analysis of potential and actual nongovernmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the availability of financing, the price of land, and the cost of construction.
(7)An analysis of any special housing needs, such as those of the elderly; persons with disabilities, including a developmental disability, as defined in Section 4512 of the Welfare and Institutions Code; large families; farmworkers; families with female heads of households; and families and persons in need of emergency shelter. The need for emergency shelter shall be assessed based on annual and seasonal need. The need for emergency shelter may be reduced by the number of supportive housing units that are identified in an adopted 10-year plan to end chronic homelessness and that are either vacant or for which funding has been identified to allow construction during the planning period. An analysis of special housing needs by a city or county may include an analysis of the need for frequent user coordinated care housing services.
(8)An analysis of opportunities for energy conservation with respect to residential development. Cities and counties are encouraged to include weatherization and energy efficiency improvements as part of publicly subsidized housing rehabilitation projects. This may include energy efficiency measures that encompass the building envelope, its heating and cooling systems, and its electrical system.
(9)An analysis of existing assisted housing developments that are eligible to change from low-income housing uses during the next 10 years due to termination of subsidy contracts, mortgage prepayment, or expiration of restrictions on use. Assisted housing developments, for the purpose of this section, shall mean multifamily rental housing that receives governmental assistance under federal programs listed in subdivision (a) of Section 65863.10, state and local multifamily revenue bond programs, local redevelopment programs, the federal Community Development Block Grant Program, or local in-lieu fees. Assisted housing developments shall also include multifamily rental units that were developed pursuant to a local inclusionary housing program or used to qualify for a density bonus pursuant to Section 65916.
(A)The analysis shall include a listing of each development by project name and address, the type of governmental assistance received, the earliest possible date of change from low-income use, and the total number of elderly and nonelderly units that could be lost from the localitys low-income housing stock in each year during the 10-year period. For purposes of state and federally funded projects, the analysis required by this subparagraph need only contain information available on a statewide basis.
(B)The analysis shall estimate the total cost of producing new rental housing that is comparable in size and rent levels, to replace the units that could change from low-income use, and an estimated cost of preserving the assisted housing developments. This cost analysis for replacement housing may be done aggregately for each five-year period and does not have to contain a project-by-project cost estimate.
(C)The analysis shall identify public and private nonprofit corporations known to the local government which have legal and managerial capacity to acquire and manage these housing developments.
(D)The analysis shall identify and consider the use of all federal, state, and local financing and subsidy programs which can be used to preserve, for lower income households, the assisted housing developments, identified in this paragraph, including, but not limited to, federal Community Development Block Grant Program funds, tax increment funds received by a redevelopment agency of the community, and administrative fees received by a housing authority operating within the community. In considering the use of these financing and subsidy programs, the analysis shall identify the amounts of funds under each available program which have not been legally obligated for other purposes and which could be available for use in preserving assisted housing developments.
(b)(1)A statement of the communitys goals, quantified objectives, and policies relative to the maintenance, preservation, improvement, and development of housing.
(2)It is recognized that the total housing needs identified pursuant to subdivision (a) may exceed available resources and the communitys ability to satisfy this need within the content of the general plan requirements outlined in Article 5 (commencing with Section 65300). Under these circumstances, the quantified objectives need not be identical to the total housing needs. The quantified objectives shall establish the maximum number of housing units by income category, including extremely low income, that can be constructed, rehabilitated, and conserved over a five-year time period.
(c)A program which sets forth a schedule of actions during the planning period, each with a timeline for implementation, which may recognize that certain programs are ongoing, such that there will be beneficial impacts of the programs within the planning period, that the local government is undertaking or intends to undertake to implement the policies and achieve the goals and objectives of the housing element through the administration of land use and development controls, the provision of regulatory concessions and incentives, the utilization of appropriate federal and state financing and subsidy programs when available, and the utilization of moneys in a low- and moderate-income housing fund of an agency if the locality has established a redevelopment project area pursuant to the Community Redevelopment Law (Division 24 (commencing with Section 33000) of the Health and Safety Code). In order to make adequate provision for the housing needs of all economic segments of the community, the program shall do all of the following:
(1)Identify actions that will be taken to make sites available during the planning period with appropriate zoning and development standards and with services and facilities to accommodate that portion of the citys or countys share of the regional housing need for each income level that could not be accommodated on sites identified in the inventory completed pursuant to paragraph (3) of subdivision (a) without rezoning, and to comply with the requirements of Section 65584.09. Sites shall be identified as needed to facilitate and encourage the development of a variety of types of housing for all income levels, including multifamily rental housing, factory-built housing, mobilehomes, housing for agricultural employees, supportive housing, single-room occupancy units, emergency shelters, and transitional housing.
(A)Where the inventory of sites, pursuant to paragraph (3) of subdivision (a), does not identify adequate sites to accommodate the need for groups of all household income levels pursuant to Section 65584, rezoning of those sites, including adoption of minimum density and development standards, for jurisdictions with an eight-year housing element planning period pursuant to Section 65588, shall be completed no later than three years after either the date the housing element is adopted pursuant to subdivision (f) of Section 65585 or the date that is 90 days after receipt of comments from the department pursuant to subdivision (b) of Section 65585, whichever is earlier, unless the deadline is extended pursuant to subdivision (f). Notwithstanding the foregoing, for a local government that fails to adopt a housing element within 120 days of the statutory deadline in Section 65588 for adoption of the housing element, rezoning of those sites, including adoption of minimum density and development standards, shall be completed no later than three years and 120 days from the statutory deadline in Section 65588 for adoption of the housing element.
(B)Where the inventory of sites, pursuant to paragraph (3) of subdivision (a), does not identify adequate sites to accommodate the need for groups of all household income levels pursuant to Section 65584, the program shall identify sites that can be developed for housing within the planning period pursuant to subdivision (h) of Section 65583.2. The identification of sites shall include all components specified in subdivision (b) of Section 65583.2.
(C)Where the inventory of sites pursuant to paragraph (3) of subdivision (a) does not identify adequate sites to accommodate the need for farmworker housing, the program shall provide for sufficient sites to meet the need with zoning that permits farmworker housing use by right, including density and development standards that could accommodate and facilitate the feasibility of the development of farmworker housing for low- and very low income households.
(2)Assist in the development of adequate housing to meet the needs of extremely low, very low, low-, and moderate-income households.
(3)Address and, where appropriate and legally possible, remove governmental constraints to the maintenance, improvement, and development of housing, including housing for all income levels and housing for persons with disabilities. The program shall remove constraints to, and provide reasonable accommodations for housing designed for, intended for occupancy by, or with supportive services for, persons with disabilities.
(4)Conserve and improve the condition of the existing affordable housing stock, which may include addressing ways to mitigate the loss of dwelling units demolished by public or private action.
(5)Promote housing opportunities for all persons regardless of race, religion, sex, marital status, ancestry, national origin, color, familial status, or disability.
(6)Preserve for lower income households the assisted housing developments identified pursuant to paragraph (9) of subdivision (a). The program for preservation of the assisted housing developments shall utilize, to the extent necessary, all available federal, state, and local financing and subsidy programs identified in paragraph (9) of subdivision (a), except where a community has other urgent needs for which alternative funding sources are not available. The program may include strategies that involve local regulation and technical assistance.
(7) Include an identification of the agencies and officials responsible for the implementation of the various actions and the means by which consistency will be achieved with other general plan elements and community goals.
(8)Include a diligent effort by the local government to achieve public participation of all economic segments of the community in the development of the housing element, and the program shall describe this effort.
(d)(1)A local government may satisfy all or part of its requirement to identify a zone or zones suitable for the development of emergency shelters pursuant to paragraph (4) of subdivision (a) by adopting and implementing a multijurisdictional agreement, with a maximum of two other adjacent communities, that requires the participating jurisdictions to develop at least one year-round emergency shelter within two years of the beginning of the planning period.
(2)The agreement shall allocate a portion of the new shelter capacity to each jurisdiction as credit towards its emergency shelter need, and each jurisdiction shall describe how the capacity was allocated as part of its housing element.
(3)Each member jurisdiction of a multijurisdictional agreement shall describe in its housing element all of the following:
(A)How the joint facility will meet the jurisdictions emergency shelter need.
(B)The jurisdictions contribution to the facility for both the development and ongoing operation and management of the facility.
(C)The amount and source of the funding that the jurisdiction contributes to the facility.
(4)The aggregate capacity claimed by the participating jurisdictions in their housing elements shall not exceed the actual capacity of the shelter.
(e)Except as otherwise provided in this article, amendments to this article that alter the required content of a housing element shall apply to both of the following:
(1)A housing element or housing element amendment prepared pursuant to subdivision (e) of Section 65588 or Section 65584.02, when a city, county, or city and county submits a draft to the department for review pursuant to Section 65585 more than 90 days after the effective date of the amendment to this section.
(2)Any housing element or housing element amendment prepared pursuant to subdivision (e) of Section 65588 or Section 65584.02, when the city, county, or city and county fails to submit the first draft to the department before the due date specified in Section 65588 or 65584.02.
(f)The deadline for completing required rezoning pursuant to subparagraph (A) of paragraph (1) of subdivision (c) shall be extended by one year if the local government has completed the rezoning at densities sufficient to accommodate at least 75 percent of the units for low- and very low income households and if the legislative body at the conclusion of a public hearing determines, based upon substantial evidence, that any of the following circumstances exist:
(1)The local government has been unable to complete the rezoning because of the action or inaction beyond the control of the local government of any other state, federal, or local agency.
(2)The local government is unable to complete the rezoning because of infrastructure deficiencies due to fiscal or regulatory constraints.
(3)The local government must undertake a major revision to its general plan in order to accommodate the housing-related policies of a sustainable communities strategy or an alternative planning strategy adopted pursuant to Section 65080.
The resolution and the findings shall be transmitted to the department together with a detailed budget and schedule for preparation and adoption of the required rezonings, including plans for citizen participation and expected interim action. The schedule shall provide for adoption of the required rezoning within one year of the adoption of the resolution.
(g)(1)If a local government fails to complete the rezoning by the deadline provided in subparagraph (A) of paragraph (1) of subdivision (c), as it may be extended pursuant to subdivision (f), except as provided in paragraph (2), a local government may not disapprove a housing development project, nor require a conditional use permit, planned unit development permit, or other locally imposed discretionary permit, or impose a condition that would render the project infeasible, if the housing development project (A) is proposed to be located on a site required to be rezoned pursuant to the program action required by that subparagraph and (B) complies with applicable, objective general plan and zoning standards and criteria, including design review standards, described in the program action required by that subparagraph. Any subdivision of sites shall be subject to the Subdivision Map Act (Division 2 (commencing with Section 66410)). Design review shall not constitute a project for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code.
(2)A local government may disapprove a housing development described in paragraph (1) if it makes written findings supported by substantial evidence on the record that both of the following conditions exist:
(A)The housing development project would have a specific, adverse impact upon the public health or safety unless the project is disapproved or approved upon the condition that the project be developed at a lower density. As used in this paragraph, a specific, adverse impact means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.
(B)There is no feasible method to satisfactorily mitigate or avoid the adverse impact identified pursuant to paragraph (1), other than the disapproval of the housing development project or the approval of the project upon the condition that it be developed at a lower density.
(3)The applicant or any interested person may bring an action to enforce this subdivision. If a court finds that the local agency disapproved a project or conditioned its approval in violation of this subdivision, the court shall issue an order or judgment compelling compliance within 60 days. The court shall retain jurisdiction to ensure that its order or judgment is carried out. If the court determines that its order or judgment has not been carried out within 60 days, the court may issue further orders to ensure that the purposes and policies of this subdivision are fulfilled. In any such action, the city, county, or city and county shall bear the burden of proof.
(4)For purposes of this subdivision, housing development project means a project to construct residential units for which the project developer provides sufficient legal commitments to the appropriate local agency to ensure the continued availability and use of at least 49 percent of the housing units for very low, low-, and moderate-income households with an affordable housing cost or affordable rent, as defined in Section 50052.5 or 50053 of the Health and Safety Code, respectively, for the period required by the applicable financing.
(h)An action to enforce the program actions of the housing element shall be brought pursuant to Section 1085 of the Code of Civil Procedure.
Notwithstanding any other provision of this chapter, a private, nonprofit corporation that is organized pursuant to Section 501(c)(3) of the Internal Revenue Code and provides services to homeless persons or for the prevention of homelessness may enter into a joint powers agreement with a public agency for the sole purpose of providing frequent user coordinated care housing services. The agency formed pursuant to this joint powers agreement shall be deemed a public entity, as described in Section 6507, except that, notwithstanding any other provision of law, the agency shall not have any power to incur debt.
SEC. 2.Section 65582 of the Government Code is amended to read:65582.As used in this article, the following definitions apply:
(a)Community, locality, local government, or jurisdiction means a city, city and county, or county.
(b)Council of governments means a single or multicounty council created by a joint powers agreement pursuant to Chapter 5 (commencing with Section 6500) of Division 1 of Title 1.
(c)Department means the Department of Housing and Community Development.
(d)Emergency shelter has the same meaning as defined in subdivision (e) of Section 50801 of the Health and Safety Code.
(e)Frequent user coordinated care housing services means housing combined with other supportive services for homeless persons identified by a city or county as the most costly, frequent users of publicly funded emergency services.
(e)
(f)Housing element or element means the housing element of the communitys general plan, as required pursuant to this article and subdivision (c) of Section 65302.
(f)
(g)Supportive housing means housing with no limit on length of stay, that is occupied by the target population, and that is linked to an onsite or offsite service that assists the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community.
(h)Supportive services include, but are not limited to, a combination of subsidized, permanent housing, intensive case management, medical and mental health care, substance abuse treatment, employment services, and benefits advocacy.
(g)
(i)Target population means persons with low incomes who have one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health condition, or individuals eligible for services provided pursuant to the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code) and may include, among other populations, adults, emancipated minors, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homeless people.
(h)
(j)Transitional housing means buildings configured as rental housing developments, but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than six months from the beginning of the assistance.
SEC. 3.Section 65583 of the Government Code is amended to read:65583.The housing element shall consist of an identification and analysis of existing and projected housing needs and a statement of goals, policies, quantified objectives, financial resources, and scheduled programs for the preservation, improvement, and development of housing. The housing element shall identify adequate sites for housing, including rental housing, factory-built housing, mobilehomes, and emergency shelters, and shall make adequate provision for the existing and projected needs of all economic segments of the community. The element shall contain all of the following:
(a)An assessment of housing needs and an inventory of resources and constraints relevant to the meeting of these needs. The assessment and inventory shall include all of the following:
(1)An analysis of population and employment trends and documentation of projections and a quantification of the localitys existing and projected housing needs for all income levels, including extremely low income households, as defined in subdivision (b) of Section 50105 and Section 50106 of the Health and Safety Code. These existing and projected needs shall include the localitys share of the regional housing need in accordance with Section 65584. Local agencies shall calculate the subset of very low income households allotted under Section 65584 that qualify as extremely low income households. The local agency may either use available census data to calculate the percentage of very low income households that qualify as extremely low income households or presume that 50 percent of the very low income households qualify as extremely low income households. The number of extremely low income households and very low income households shall equal the jurisdictions allocation of very low income households pursuant to Section 65584.
(2)An analysis and documentation of household characteristics, including level of payment compared to ability to pay, housing characteristics, including overcrowding, and housing stock condition.
(3)An inventory of land suitable for residential development, including vacant sites and sites having potential for redevelopment, and an analysis of the relationship of zoning and public facilities and services to these sites.
(4)(A)The identification of a zone or zones where emergency shelters are allowed as a permitted use without a conditional use or other discretionary permit. The identified zone or zones shall include sufficient capacity to accommodate the need for emergency shelter identified in paragraph (7), except that each local government shall identify a zone or zones that can accommodate at least one year-round emergency shelter. If the local government cannot identify a zone or zones with sufficient capacity, the local government shall include a program to amend its zoning ordinance to meet the requirements of this paragraph within one year of the adoption of the housing element. The local government may identify additional zones where emergency shelters are permitted with a conditional use permit. The local government shall also demonstrate that existing or proposed permit processing, development, and management standards are objective and encourage and facilitate the development of, or conversion to, emergency shelters. Emergency shelters may only be subject to those development and management standards that apply to residential or commercial development within the same zone except that a local government may apply written, objective standards that include all of the following:
(i)The maximum number of beds or persons permitted to be served nightly by the facility.
(ii)Off-street parking based upon demonstrated need, provided that the standards do not require more parking for emergency shelters than for other residential or commercial uses within the same zone.
(iii)The size and location of exterior and interior onsite waiting and client intake areas.
(iv)The provision of onsite management.
(v)The proximity to other emergency shelters, provided that emergency shelters are not required to be more than 300 feet apart.
(vi)The length of stay.
(vii)Lighting.
(viii)Security during hours that the emergency shelter is in operation.
(B)The permit processing, development, and management standards applied under this paragraph shall not be deemed to be discretionary acts within the meaning of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).
(C)A local government that can demonstrate to the satisfaction of the department the existence of one or more emergency shelters either within its jurisdiction or pursuant to a multijurisdictional agreement that can accommodate that jurisdictions need for emergency shelter identified in paragraph (7) may comply with the zoning requirements of subparagraph (A) by identifying a zone or zones where new emergency shelters are allowed with a conditional use permit.
(D)A local government with an existing ordinance or ordinances that comply with this paragraph shall not be required to take additional action to identify zones for emergency shelters. The housing element must only describe how existing ordinances, policies, and standards are consistent with the requirements of this paragraph.
(5)An analysis of potential and actual governmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the types of housing identified in paragraph (1) of subdivision (c), and for persons with disabilities as identified in the analysis pursuant to paragraph (7), including land use controls, building codes and their enforcement, site improvements, fees and other exactions required of developers, and local processing and permit procedures. The analysis shall also demonstrate local efforts to remove governmental constraints that hinder the locality from meeting its share of the regional housing need in accordance with Section 65584 and from meeting the need for housing for persons with disabilities, supportive housing, transitional housing, and emergency shelters identified pursuant to paragraph (7). Transitional housing and supportive housing shall be considered a residential use of property, and shall be subject only to those restrictions that apply to other residential dwellings of the same type in the same zone.
(6)An analysis of potential and actual nongovernmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the availability of financing, the price of land, and the cost of construction.
(7)An analysis of any special housing needs, such as those of the elderly; persons with disabilities, including a developmental disability, as defined in Section 4512 of the Welfare and Institutions Code; large families; farmworkers; families with female heads of households; and families and persons in need of emergency shelter. The need for emergency shelter shall be assessed based on annual and seasonal need. The need for emergency shelter may be reduced by the number of supportive housing units that are identified in an adopted 10-year plan to end chronic homelessness and that are either vacant or for which funding has been identified to allow construction during the planning period. An analysis of special housing needs by a city or county may include an analysis of the need for frequent user coordinated care housing services.
(8)An analysis of opportunities for energy conservation with respect to residential development. Cities and counties are encouraged to include weatherization and energy efficiency improvements as part of publicly subsidized housing rehabilitation projects. This may include energy efficiency measures that encompass the building envelope, its heating and cooling systems, and its electrical system.
(9)An analysis of existing assisted housing developments that are eligible to change from low-income housing uses during the next 10 years due to termination of subsidy contracts, mortgage prepayment, or expiration of restrictions on use. Assisted housing developments, for the purpose of this section, shall mean multifamily rental housing that receives governmental assistance under federal programs listed in subdivision (a) of Section 65863.10, state and local multifamily revenue bond programs, local redevelopment programs, the federal Community Development Block Grant Program, or local in-lieu fees. Assisted housing developments shall also include multifamily rental units that were developed pursuant to a local inclusionary housing program or used to qualify for a density bonus pursuant to Section 65916.
(A)The analysis shall include a listing of each development by project name and address, the type of governmental assistance received, the earliest possible date of change from low-income use, and the total number of elderly and nonelderly units that could be lost from the localitys low-income housing stock in each year during the 10-year period. For purposes of state and federally funded projects, the analysis required by this subparagraph need only contain information available on a statewide basis.
(B)The analysis shall estimate the total cost of producing new rental housing that is comparable in size and rent levels, to replace the units that could change from low-income use, and an estimated cost of preserving the assisted housing developments. This cost analysis for replacement housing may be done aggregately for each five-year period and does not have to contain a project-by-project cost estimate.
(C)The analysis shall identify public and private nonprofit corporations known to the local government which have legal and managerial capacity to acquire and manage these housing developments.
(D)The analysis shall identify and consider the use of all federal, state, and local financing and subsidy programs which can be used to preserve, for lower income households, the assisted housing developments, identified in this paragraph, including, but not limited to, federal Community Development Block Grant Program funds, tax increment funds received by a redevelopment agency of the community, and administrative fees received by a housing authority operating within the community. In considering the use of these financing and subsidy programs, the analysis shall identify the amounts of funds under each available program which have not been legally obligated for other purposes and which could be available for use in preserving assisted housing developments.
(b)(1)A statement of the communitys goals, quantified objectives, and policies relative to the maintenance, preservation, improvement, and development of housing.
(2)It is recognized that the total housing needs identified pursuant to subdivision (a) may exceed available resources and the communitys ability to satisfy this need within the content of the general plan requirements outlined in Article 5 (commencing with Section 65300). Under these circumstances, the quantified objectives need not be identical to the total housing needs. The quantified objectives shall establish the maximum number of housing units by income category, including extremely low income, that can be constructed, rehabilitated, and conserved over a five-year time period.
(c)A program which sets forth a schedule of actions during the planning period, each with a timeline for implementation, which may recognize that certain programs are ongoing, such that there will be beneficial impacts of the programs within the planning period, that the local government is undertaking or intends to undertake to implement the policies and achieve the goals and objectives of the housing element through the administration of land use and development controls, the provision of regulatory concessions and incentives, the utilization of appropriate federal and state financing and subsidy programs when available, and the utilization of moneys in a low- and moderate-income housing fund of an agency if the locality has established a redevelopment project area pursuant to the Community Redevelopment Law (Division 24 (commencing with Section 33000) of the Health and Safety Code). In order to make adequate provision for the housing needs of all economic segments of the community, the program shall do all of the following:
(1)Identify actions that will be taken to make sites available during the planning period with appropriate zoning and development standards and with services and facilities to accommodate that portion of the citys or countys share of the regional housing need for each income level that could not be accommodated on sites identified in the inventory completed pursuant to paragraph (3) of subdivision (a) without rezoning, and to comply with the requirements of Section 65584.09. Sites shall be identified as needed to facilitate and encourage the development of a variety of types of housing for all income levels, including multifamily rental housing, factory-built housing, mobilehomes, housing for agricultural employees, supportive housing, single-room occupancy units, emergency shelters, and transitional housing.
(A)Where the inventory of sites, pursuant to paragraph (3) of subdivision (a), does not identify adequate sites to accommodate the need for groups of all household income levels pursuant to Section 65584, rezoning of those sites, including adoption of minimum density and development standards, for jurisdictions with an eight-year housing element planning period pursuant to Section 65588, shall be completed no later than three years after either the date the housing element is adopted pursuant to subdivision (f) of Section 65585 or the date that is 90 days after receipt of comments from the department pursuant to subdivision (b) of Section 65585, whichever is earlier, unless the deadline is extended pursuant to subdivision (f). Notwithstanding the foregoing, for a local government that fails to adopt a housing element within 120 days of the statutory deadline in Section 65588 for adoption of the housing element, rezoning of those sites, including adoption of minimum density and development standards, shall be completed no later than three years and 120 days from the statutory deadline in Section 65588 for adoption of the housing element.
(B)Where the inventory of sites, pursuant to paragraph (3) of subdivision (a), does not identify adequate sites to accommodate the need for groups of all household income levels pursuant to Section 65584, the program shall identify sites that can be developed for housing within the planning period pursuant to subdivision (h) of Section 65583.2. The identification of sites shall include all components specified in subdivision (b) of Section 65583.2.
(C)Where the inventory of sites pursuant to paragraph (3) of subdivision (a) does not identify adequate sites to accommodate the need for farmworker housing, the program shall provide for sufficient sites to meet the need with zoning that permits farmworker housing use by right, including density and development standards that could accommodate and facilitate the feasibility of the development of farmworker housing for low- and very low income households.
(2)Assist in the development of adequate housing to meet the needs of extremely low, very low, low-, and moderate-income households.
(3)Address and, where appropriate and legally possible, remove governmental constraints to the maintenance, improvement, and development of housing, including housing for all income levels and housing for persons with disabilities. The program shall remove constraints to, and provide reasonable accommodations for housing designed for, intended for occupancy by, or with supportive services for, persons with disabilities.
(4)Conserve and improve the condition of the existing affordable housing stock, which may include addressing ways to mitigate the loss of dwelling units demolished by public or private action.
(5)Promote housing opportunities for all persons regardless of race, religion, sex, marital status, ancestry, national origin, color, familial status, or disability.
(6)Preserve for lower income households the assisted housing developments identified pursuant to paragraph (9) of subdivision (a). The program for preservation of the assisted housing developments shall utilize, to the extent necessary, all available federal, state, and local financing and subsidy programs identified in paragraph (9) of subdivision (a), except where a community has other urgent needs for which alternative funding sources are not available. The program may include strategies that involve local regulation and technical assistance.
(7) Include an identification of the agencies and officials responsible for the implementation of the various actions and the means by which consistency will be achieved with other general plan elements and community goals.
(8)Include a diligent effort by the local government to achieve public participation of all economic segments of the community in the development of the housing element, and the program shall describe this effort.
(d)(1)A local government may satisfy all or part of its requirement to identify a zone or zones suitable for the development of emergency shelters pursuant to paragraph (4) of subdivision (a) by adopting and implementing a multijurisdictional agreement, with a maximum of two other adjacent communities, that requires the participating jurisdictions to develop at least one year-round emergency shelter within two years of the beginning of the planning period.
(2)The agreement shall allocate a portion of the new shelter capacity to each jurisdiction as credit towards its emergency shelter need, and each jurisdiction shall describe how the capacity was allocated as part of its housing element.
(3)Each member jurisdiction of a multijurisdictional agreement shall describe in its housing element all of the following:
(A)How the joint facility will meet the jurisdictions emergency shelter need.
(B)The jurisdictions contribution to the facility for both the development and ongoing operation and management of the facility.
(C)The amount and source of the funding that the jurisdiction contributes to the facility.
(4)The aggregate capacity claimed by the participating jurisdictions in their housing elements shall not exceed the actual capacity of the shelter.
(e)Except as otherwise provided in this article, amendments to this article that alter the required content of a housing element shall apply to both of the following:
(1)A housing element or housing element amendment prepared pursuant to subdivision (e) of Section 65588 or Section 65584.02, when a city, county, or city and county submits a draft to the department for review pursuant to Section 65585 more than 90 days after the effective date of the amendment to this section.
(2)Any housing element or housing element amendment prepared pursuant to subdivision (e) of Section 65588 or Section 65584.02, when the city, county, or city and county fails to submit the first draft to the department before the due date specified in Section 65588 or 65584.02.
(f)The deadline for completing required rezoning pursuant to subparagraph (A) of paragraph (1) of subdivision (c) shall be extended by one year if the local government has completed the rezoning at densities sufficient to accommodate at least 75 percent of the units for low- and very low income households and if the legislative body at the conclusion of a public hearing determines, based upon substantial evidence, that any of the following circumstances exist:
(1)The local government has been unable to complete the rezoning because of the action or inaction beyond the control of the local government of any other state, federal, or local agency.
(2)The local government is unable to complete the rezoning because of infrastructure deficiencies due to fiscal or regulatory constraints.
(3)The local government must undertake a major revision to its general plan in order to accommodate the housing-related policies of a sustainable communities strategy or an alternative planning strategy adopted pursuant to Section 65080.
The resolution and the findings shall be transmitted to the department together with a detailed budget and schedule for preparation and adoption of the required rezonings, including plans for citizen participation and expected interim action. The schedule shall provide for adoption of the required rezoning within one year of the adoption of the resolution.
(g)(1)If a local government fails to complete the rezoning by the deadline provided in subparagraph (A) of paragraph (1) of subdivision (c), as it may be extended pursuant to subdivision (f), except as provided in paragraph (2), a local government may not disapprove a housing development project, nor require a conditional use permit, planned unit development permit, or other locally imposed discretionary permit, or impose a condition that would render the project infeasible, if the housing development project (A) is proposed to be located on a site required to be rezoned pursuant to the program action required by that subparagraph and (B) complies with applicable, objective general plan and zoning standards and criteria, including design review standards, described in the program action required by that subparagraph. Any subdivision of sites shall be subject to the Subdivision Map Act (Division 2 (commencing with Section 66410)). Design review shall not constitute a project for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code.
(2)A local government may disapprove a housing development described in paragraph (1) if it makes written findings supported by substantial evidence on the record that both of the following conditions exist:
(A)The housing development project would have a specific, adverse impact upon the public health or safety unless the project is disapproved or approved upon the condition that the project be developed at a lower density. As used in this paragraph, a specific, adverse impact means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.
(B)There is no feasible method to satisfactorily mitigate or avoid the adverse impact identified pursuant to paragraph (1), other than the disapproval of the housing development project or the approval of the project upon the condition that it be developed at a lower density.
(3)The applicant or any interested person may bring an action to enforce this subdivision. If a court finds that the local agency disapproved a project or conditioned its approval in violation of this subdivision, the court shall issue an order or judgment compelling compliance within 60 days. The court shall retain jurisdiction to ensure that its order or judgment is carried out. If the court determines that its order or judgment has not been carried out within 60 days, the court may issue further orders to ensure that the purposes and policies of this subdivision are fulfilled. In any such action, the city, county, or city and county shall bear the burden of proof.
(4)For purposes of this subdivision, housing development project means a project to construct residential units for which the project developer provides sufficient legal commitments to the appropriate local agency to ensure the continued availability and use of at least 49 percent of the housing units for very low, low-, and moderate-income households with an affordable housing cost or affordable rent, as defined in Section 50052.5 or 50053 of the Health and Safety Code, respectively, for the period required by the applicable financing.
(h)An action to enforce the program actions of the housing element shall be brought pursuant to Section 1085 of the Code of Civil Procedure.
|
Date
|
Status
|
|---|---|
| May 22, 2015 | Read third time. Passed. Ordered to the Senate. (Ayes 74. Noes 0. Page 1565.) |
| Aug 12, 2015 | Chaptered by Secretary of State - Chapter 188, Statutes of 2015. |
| Aug 12, 2015 | Approved by the Governor. |
| Aug 3, 2015 | Enrolled and presented to the Governor at 3 p.m. |
| Jul 13, 2015 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 79. Noes 0. Page 2356.). |
| Jul 13, 2015 | Senate amendments concurred in. To Engrossing and Enrolling. |
| Jul 9, 2015 | Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0. Page 1878.). |
| Jul 9, 2015 | Read third time. Passed. Ordered to the Assembly. |
| Jul 9, 2015 | In Assembly. Concurrence in Senate amendments pending. May be considered on or after July 11 pursuant to Assembly Rule 77. |
| Jul 2, 2015 | Read second time. Ordered to Consent Calendar. |
| Jul 1, 2015 | From committee: Do pass. To Consent Calendar. (Ayes 7. Noes 0.) (July 1). |
| Jun 25, 2015 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on GOV. & F. |
| Jun 17, 2015 | From committee: Do pass and re-refer to Com. on GOV. & F. with recommendation: To Consent Calendar. (Ayes 11. Noes 0.) (June 16). Re-referred to Com. on GOV. & F. |
| Jun 4, 2015 | Referred to Coms. on T. & H. and GOV. & F. |
| Feb 27, 2015 | Introduced. To print. |
| May 22, 2015 | Read third time. Passed. Ordered to the Senate. |
| May 22, 2015 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 18, 2015 | Read second time. Ordered to Consent Calendar. |
| May 14, 2015 | From committee: Do pass. To Consent Calendar. (Ayes 9. Noes 0.) (May 13). |
| Apr 29, 2015 | From committee: Do pass and re-refer to Com. on L. GOV. with recommendation: To Consent Calendar. (Ayes 6. Noes 0.) (April 29). Re-referred to Com. on L. GOV. |
| Apr 29, 2015 | From committee: Do pass and re-refer to Com. on L. GOV. (Ayes 6. Noes 0.) (April 29). Re-referred to Com. on L. GOV. |
| Apr 29, 2015 | (action corrected May 4, 2015) |
| Apr 8, 2015 | Re-referred to Com. on H. & C.D. |
| Apr 7, 2015 | From committee chair, with author's amendments: Amend, and re-refer to Com. on H. & C.D. Read second time and amended. |
| Mar 26, 2015 | Referred to Coms. on H. & C.D. and L. GOV. |
| Mar 2, 2015 | Read first time. |
| Mar 1, 2015 | From printer. May be heard in committee March 31. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Jul 13, 2015 | AB 1403 MAIENSCHEIN Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| Jul 9, 2015 | Consent Calendar 2nd AB1403 Maienschein | Senate Floor |
Passed |
|
| Jul 1, 2015 | Do pass and be ordered to the Consent Calendar | Senate Standing Committee on Governance and Finance |
Passed |
|
| Jun 16, 2015 | Do pass, but first be re-referred to the Committee on [Governance and Finance] with the recommendation: To Consent Calendar | Senate Standing Committee on Transportation and Housing |
Passed |
|
| May 22, 2015 | AB 1403 MAIENSCHEIN Consent Calendar Second Day Regular Session | Assembly Floor |
Passed |
|
| May 13, 2015 | Do pass. To Consent Calendar. | Assembly Standing Committee on Local Government |
Passed |
|
| Apr 29, 2015 | Do pass and be re-referred to the Committee on [Local Government] with recommendation: To Consent Calendar | Assembly Standing Committee on Housing and Community Development |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| California Coalition For Youth | ** Support | Jul 13, 2015 |
| California Medical Association, Inc. | ** Support | Jul 13, 2015 |
| Easter Seals | ** Support | Jul 13, 2015 |
| Housing California | ** Support | Jul 13, 2015 |
| League Of California Cities | ** Support | Jul 13, 2015 |
| San Diego Housing Commission | ** Support | Jul 13, 2015 |
| San Diego Regional Chamber | ** Support | Jul 13, 2015 |
AB 1403
Page 3
CONCURRENCE IN SENATE AMENDMENTS
AB 1403
(Maienschein)
As Amended June 25, 2015
Majority vote
ASSEMBLY: |
74-0 |
(May 22, 2015) |
SENATE: |
39-0 |
(July 9, 2015) |
Original Committee Reference: H. & C.D.
SUMMARY: Allows one or more private, non-profit 501(c)(3) corporations that provide services to homeless persons for the prevention of homelessness to form a joint powers agency (JPA), or enter into a joint powers agreement, with one or more public agencies. Specifically, this bill:
Defines "frequent user coordinated care housing services" to mean housing combined with other supportive services for homeless persons identified by a city or county as the most costly, frequent users of publicly funded emergency services.
Defines "supportive services" as including, but not limited to, a combination of subsidized permanent housing, intensive case management, medical and mental health care, substance abuse treatment, employment services, and benefits advocacy.
Allows one or more private, non-profit 501(c)(3) corporations that provide services to homeless persons for the prevention of homelessness to form a JPA or enter into a joint powers agreement with one or more public agencies.
Gives the JPA formed by the non-profit(s) and public agency(s) all the powers under the Joint Powers Authority Act except the newly formed agency will not have the power to incur debt.
Provides that the purpose of the JPA or joint powers agreement is to encourage and ease the sharing of information between public agencies and non-profit corporations necessary to identify the most costly, frequent users of publicly funded emergency services in order to provide frequent user coordinated care housing services to homeless persons or to prevent homelessness.
Provides that the JPA formed will be governed by a board of directors with the members determined by the participating public agency or agencies.
Provides that the representation of private nonprofit corporations on the JPA board will not be more than 50% of the membership.
Provides that a housing element analysis of any special housing needs may include an analysis of the need for frequent user coordinated care housing services.
Repeals the provisions of this bill on January 1, 2024.
The Senate amendments repeal the provisions of this bill on January 1, 2024.
FISCAL EFFECT: Unknown. This bill is keyed non-fiscal by the Legislative Counsel.
COMMENTS: Background: The Joint Exercise of Powers Act provides the basic legal authority for public entities to create and use JPAs. A JPA is a new government entity created by the member agencies but is legally independent from them. Like a joint powers agreement in which one agency administers the terms of the agreement, a JPA exercises powers common to the member agencies and those powers are outlined in the joint powers agreement. Examples of areas where JPAs are commonly used include groundwater management, road construction, habitat conservation, airport expansion, stadium construction, mental health facilities construction, educational programs, employee benefit services, insurance coverage, and regional transportation projects.
JPAs are formed voluntarily by action of their member agencies and can exercise only those powers that are common to their member agencies. JPA meetings are open and are subject to the Ralph M. Brown Act. As a legally separate public agency a JPA can sue or be sued, hire staff, obtain financing to build public facilities, and manage properties.
Public agencies authorized to enter into joint powers agreements include the federal government or any federal department or agency, this state, another state or any state department or agency, a
county, county board of education, county superintendent of schools, city, public corporation, public district, regional transportation commission of this state or another state, a federally recognized Indian tribe, or any joint powers authority. Special legislation can also authorize certain nongovernmental organizations to participate in joint powers agreements, even though they are not public agencies. For instance, to help nonprofit hospitals keep pace with changes in the health care industry, the Legislature has allowed them to enter joint powers agreements to provide health care services in Fresno, Contra Costa, Kings, Tuolumne, San Diego, and Tulare counties. Another enacted bill allowed mutual water companies to enter joint powers agreements with public water agencies.
This bill would authorize a nonprofit corporation that provides services to homeless persons or for the prevention of homelessness to form a JPA or enter into a joint powers agreement with one or more public agencies. The purpose of the JPA or agreement would be to encourage and ease information sharing between the public agencies and nonprofit corporations specifically to identify frequent users of publicly funded emergency services in order to provide those users coordinated care services.
Purpose of this bill: According to the author, this bill is needed to ease the ability of local government agencies and interested private, nonprofits to share information amongst each other to identify the most costly homeless individuals and more easily provide the appropriate services necessary to reduce homelessness.
Differences between this new agency and a JPA: Under existing law, JPAs can issue debt and the member agencies could levy taxes or assessments and contribute those revenues to the JPA's operation. This bill would prohibit the new JPA formed under this bill from incurring debt. This bill also provides that the representation of private nonprofit corporations on the JPA board will not be more than 50% of the membership.
Housing element provisions: Every local government is required to prepare a housing element as part of its general plan. The housing element process starts when the Department of Housing and Community Development (HCD) determines the number of new housing units a region is projected to need at all income levels (very low-, low-, moderate-, and above-moderate income) over the course of the next housing element planning period to accommodate population growth and overcome existing deficiencies in the housing supply. This number is known as the regional housing needs assessment (RHNA). The Council of Governments (COG) for the region, or HCD for areas with no COG, then assigns a share of the RHNA number to every city and county in the region based on a variety of factors.
In preparing its housing element, a city or county must show how it plans to accommodate its share of the RHNA. The housing element must include an inventory of sites already zoned for housing. A city or county is required to analyze any special housing needs for the elderly, persons with disabilities, large families, farmworkers, female head of households, and persons in need of emergency shelter.
This bill would require the analysis to include the needs for frequent user coordinated care housing services. Frequent user coordinated care housing services is defined as housing combined with other supportive services for homeless persons that the city or county has identified as the most costly, frequent users of publicly funded emergency services. Supportive services could include but are not limited to a combination of subsidized permanent housing, intensive case management, medical and mental health care, substance abuse treatment, employment services, and benefits advocacy.
Analysis Prepared by: Lisa Engel / H. & C.D. / (916) 319-2085 FN: 0001142
AB 1403
Page 5
|
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 |
CONSENT
Bill No: AB 1403
Author: Maienschein (R), et. al.
Amended: 6/25/15 in Senate
SENATE TRANS. & HOUSING COMMITTEE: 11-0, 6/16/15
AYES: Beall, Cannella, Allen, Bates, Gaines, Galgiani, Leyva, McGuire, Mendoza, Roth, Wieckowski
SENATE GOVERNANCE & FIN. COMMITTEE: 7-0, 7/1/15
AYES: Hertzberg, Nguyen, Beall, Hernandez, Lara, Moorlach, Pavley
ASSEMBLY FLOOR: 74-0, 5/22/15 (Consent) - See last page for vote
SUBJECT: Housing: joint powers agreement
DIGEST: This bill, until January 1, 2024, allows one or more private, nonprofit 501(c)(3) corporations that provide services to homeless persons for the prevention of homelessness to form a joint powers agency (JPA), or enter into a joint powers agreement with one or more public agencies.
Authorizes, under the Joint Exercise of Powers Act, two or more public agencies by agreement to jointly exercise any power common to the contracting parties, including, but not limited to, the authority to levy a fee, assessment, or tax, even though one or more of the contracting agencies may be located outside the state.
Requires every city and county to prepare and adopt a general plan containing seven mandatory elements, including a housing element.
Requires a jurisdiction’s housing element to identify and analyze existing and projected housing needs, identify adequate sites with appropriate zoning to meet the housing needs of all income segments of the community, and ensure that regulatory systems provide opportunities for, and do not unduly constrain, housing development.
Requires cities and counties located within the territory of a metropolitan planning organization (MPO) to revise their housing elements every eight years following the adoption of every other regional transportation plan. Cities and counties in rural non-MPO regions must revise their housing elements every five years.
This bill:
Allows, until January 1, 2024, one or more private, nonprofit 501(c)(3) corporations that provide services to homeless persons for the prevention of homelessness to form a JPA, or enter into a joint powers agreement with one or more public agencies. The JPA shall be a public entity, but shall not have the power to incur debt.
Requires the JPA or agreement created by this bill to encourage and ease the sharing of information between public agencies and nonprofit corporations necessary to identify the most costly, frequent users of publicly funded emergency services to provide frequent user coordinated care housing services to homeless persons or to prevent homelessness.
Requires the JPA or agreement created by this bill to be governed by a board of directors. The composition of the board shall be determined by the participating public agency or agencies. The representation of nonprofit 501(c)(3) corporations shall not exceed 50% of the board membership.
Provides that a housing element analysis of any special needs by a city or county may include an analysis of the need for frequent user coordinated care housing services.
Defines, for the purposes of Housing Element Law, the following terms:
“Frequent user coordinated care housing services” means housing combined with other supportive services for homeless persons identified by a city or county as the most costly, frequent users of publicly funded emergency services.
“Supportive services” include, but are not limited to, a combination of subsidized, permanent housing, intensive case management, medical and mental health care, substance abuse treatment, employment services, and benefits advocacy.
Comments
Purpose of the bill. According to the author, AB 1403 is needed to ease the ability of local government agencies and interested private, nonprofits to share information amongst each other to identify the most costly homeless individuals and more easily provide the appropriate services necessary to reduce or prevent homelessness.
Joint Exercise of Powers Act. The Joint Exercise of Powers Act provides the basic legal authority for public entities to create and use JPAs. A JPA is a new government entity created by the member agencies, but is legally independent from them. Joint powers are exercised when the public officials of two or more agencies agree through a formal joint powers agreement to establish a joint approach or create another legal entity to work on a common problem, fund a project, or act as a representative body for a specific activity. All manner of federal, state, and local public agencies can agree to exercise joint powers. JPAs can exercise only those powers that are common to their member agencies and outlined in the joint powers agreement, and all meetings are open and are subject to the Ralph M. Brown Act. Examples of areas where JPAs are commonly used include groundwater management, road construction, habitat conservation, airport expansion, stadium construction, mental health facilities construction, educational programs, employee benefit services, insurance coverage, and regional transportation projects.
Special legislation can authorize certain non-governmental entities to participate in JPAs, even though they are not public agencies. For example, to help nonprofit hospitals keep pace with changes in the health care industry, the Legislature permitted them to enter into JPAs to provide health care services in Fresno (AB 1785, Reyes, Chapter 55, Statutes of 2002); Contra Costa (AB 3097, Campbell, Chapter 148, Statutes of 1996); Tulare, Kings, and San Diego County (SB 850, Kelley, Chapter 432, Statutes of 1997); and Tuolomne (AB 2717, House, Chapter 227, Statutes of 2000) counties. Additionally, AB 2014 (Cortese, Chapter 250, Statutes of 1994) permitted mutual water companies to enter into JPAs with water agencies. This bill allows supportive housing providers to partner with government entities in the same way as water agencies and hospitals.
Distinction between other JPAs and this bill. Under existing law, JPAs can issue debt and member agencies can levy taxes or assessments and contribute those revenues to the JPAs’ operations. This bill prohibits these new JPAs from incurring debt. Unlike other JPAs, this bill also provides that representation of nonprofit corporations on the JPA board of directors will not be more than 50% of the board membership.
Housing element provisions. The Planning and Zoning Law requires cities and counties to prepare and adopt a general plan, including a housing element, to guide the future growth of a community. The general plan must contain seven elements, one of which is the housing element. Following a staggered schedule, cities and counties located within the territory of an MPO must revise their housing elements every eight years, and cities and counties in rural non-MPO regions must revise their housing elements every five years. These five- and eight-year cycles are known as the housing element planning period.
Before each revision, each city and county is allocated its fair share of housing through the regional housing needs assessment (RHNA) process. First, the Department of Housing and Community Development (HCD) works with a council of governments (COG) to determine the region’s housing need. A COG, or HCD for areas without a COG, then allocates the region’s need to each city and county within the region. The RHNA allocation includes both an overall housing need number and a breakdown of this overall need into four income categories: above moderate-, moderate-, low-, and very low-income households. The RHNA serves as goals for the development of all income groups that the jurisdictions are expected to meet. A housing element must identify adequate sites with appropriate zoning to meet the city’s or county’s share of the RHNA by income category and ensure that regulatory systems provide opportunities for, and do not unduly constrain, housing development. A city or county is required to analyze any special needs for the elderly, persons with disabilities, large families, farmworkers, female heads of households, and persons in need of emergency shelter.
This bill requires the special needs analysis to include the needs for frequent user coordinated care services, which means housing combined with supportive services for homeless persons that the city or county has identified as the most costly, frequent users of publicly funded services. Supportive Services could include a combination of subsidized permanent supportive housing, intensive case management, medical and mental health care, substance abuse treatment, employment services, and benefits advocacy.
FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local: No
California Coalition for Youth
California Medical Association
Easter Seals
Housing California
League of California Cities
San Diego Housing Commission
San Diego Regional Chamber
ASSEMBLY FLOOR: 74-0, 5/22/15
AYES: Achadjian, Travis Allen, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Wilk, Williams, Wood, Atkins
NO VOTE RECORDED: Alejo, Jones, O'Donnell, Olsen, Waldron, Weber
Prepared by: Alison Dinmore / T. & H. / (916) 651-4121
7/2/15 13:31:46
**** END ****
AB 1403
Page 5
|
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 |
CONSENT
Bill No: AB 1403
Amended: 6/25/15 in Senate
SENATE TRANS. & HOUSING COMMITTEE: 11-0, 6/16/15
AYES: Beall, Cannella, Allen, Bates, Gaines, Galgiani, Leyva, McGuire, Mendoza, Roth, Wieckowski
SENATE GOVERNANCE & FIN. COMMITTEE: 7-0, 7/1/15
AYES: Hertzberg, Nguyen, Beall, Hernandez, Lara, Moorlach, Pavley
ASSEMBLY FLOOR: 74-0, 5/22/15 (Consent) - See last page for vote
SUBJECT: Housing: joint powers agreement
DIGEST: This bill, until January 1, 2024, allows one or more private, nonprofit 501(c)(3) corporations that provide services to homeless persons for the prevention of homelessness to form a joint powers agency (JPA), or enter into a joint powers agreement with one or more public agencies.
Existing law:
Authorizes, under the Joint Exercise of Powers Act, two or more public agencies by agreement to jointly exercise any power common to the contracting parties, including, but not limited to, the authority to levy a fee, assessment, or tax, even though one or more of the contracting agencies may be located outside the state.
Requires every city and county to prepare and adopt a general plan containing seven mandatory elements, including a housing element.
Requires a jurisdiction’s housing element to identify and analyze existing and projected housing needs, identify adequate sites with appropriate zoning to meet the housing needs of all income segments of the community, and ensure that regulatory systems provide opportunities for, and do not unduly constrain, housing development.
Requires cities and counties located within the territory of a metropolitan planning organization (MPO) to revise their housing elements every eight years following the adoption of every other regional transportation plan. Cities and counties in rural non-MPO regions must revise their housing elements every five years.
This bill:
Allows, until January 1, 2024, one or more private, nonprofit 501(c)(3) corporations that provide services to homeless persons for the prevention of homelessness to form a JPA, or enter into a joint powers agreement with one or more public agencies. The JPA shall be a public entity, but shall not have the power to incur debt.
Requires the JPA or agreement created by this bill to encourage and ease the sharing of information between public agencies and nonprofit corporations necessary to identify the most costly, frequent users of publicly funded emergency services to provide frequent user coordinated care housing services to homeless persons or to prevent homelessness.
Requires the JPA or agreement created by this bill to be governed by a board of directors. The composition of the board shall be determined by the participating public agency or agencies. The representation of nonprofit 501(c)(3) corporations shall not exceed 50% of the board membership.
Provides that a housing element analysis of any special needs by a city or county may include an analysis of the need for frequent user coordinated care housing services.
Defines, for the purposes of Housing Element Law, the following terms:
“Frequent user coordinated care housing services” means housing combined with other supportive services for homeless persons identified by a city or county as the most costly, frequent users of publicly funded emergency services.
“Supportive services” include, but are not limited to, a combination of subsidized, permanent housing, intensive case management, medical and mental health care, substance abuse treatment, employment services, and benefits advocacy.
Comments
Purpose of the bill. According to the author, AB 1403 is needed to ease the ability of local government agencies and interested private, nonprofits to share information amongst each other to identify the most costly homeless individuals and more easily provide the appropriate services necessary to reduce or prevent homelessness.
Joint Exercise of Powers Act. The Joint Exercise of Powers Act provides the basic legal authority for public entities to create and use JPAs. A JPA is a new government entity created by the member agencies, but is legally independent from them. Joint powers are exercised when the public officials of two or more agencies agree through a formal joint powers agreement to establish a joint approach or create another legal entity to work on a common problem, fund a project, or act as a representative body for a specific activity. All manner of federal, state, and local public agencies can agree to exercise joint powers. JPAs can exercise only those powers that are common to their member agencies and outlined in the joint powers agreement, and all meetings are open and are subject to the Ralph M. Brown Act. Examples of areas where JPAs are commonly used include groundwater management, road construction, habitat conservation, airport expansion, stadium construction, mental health facilities construction, educational programs, employee benefit services, insurance coverage, and regional transportation projects.
Special legislation can authorize certain non-governmental entities to participate in JPAs, even though they are not public agencies. For example, to help nonprofit hospitals keep pace with changes in the health care industry, the Legislature permitted them to enter into JPAs to provide health care services in Fresno (AB 1785, Reyes, Chapter 55, Statutes of 2002); Contra Costa (AB 3097, Campbell, Chapter 148, Statutes of 1996); Tulare, Kings, and San Diego County (SB 850, Kelley, Chapter 432, Statutes of 1997); and Tuolomne (AB 2717, House, Chapter 227, Statutes of 2000) counties. Additionally, AB 2014 (Cortese, Chapter 250, Statutes of 1994) permitted mutual water companies to enter into JPAs with water agencies. This bill allows supportive housing providers to partner with government entities in the same way as water agencies and hospitals.
Distinction between other JPAs and this bill. Under existing law, JPAs can issue debt and member agencies can levy taxes or assessments and contribute those revenues to the JPAs’ operations. This bill prohibits these new JPAs from incurring debt. Unlike other JPAs, this bill also provides that representation of nonprofit corporations on the JPA board of directors will not be more than 50% of the board membership.
Housing element provisions. The Planning and Zoning Law requires cities and counties to prepare and adopt a general plan, including a housing element, to guide the future growth of a community. The general plan must contain seven elements, one of which is the housing element. Following a staggered schedule, cities and counties located within the territory of an MPO must revise their housing elements every eight years, and cities and counties in rural non-MPO regions must revise their housing elements every five years. These five- and eight-year cycles are known as the housing element planning period.
Before each revision, each city and county is allocated its fair share of housing through the regional housing needs assessment (RHNA) process. First, the Department of Housing and Community Development (HCD) works with a council of governments (COG) to determine the region’s housing need. A COG, or HCD for areas without a COG, then allocates the region’s need to each city and county within the region. The RHNA allocation includes both an overall housing need number and a breakdown of this overall need into four income categories: above moderate-, moderate-, low-, and very low-income households. The RHNA serves as goals for the development of all income groups that the jurisdictions are expected to meet. A housing element must identify adequate sites with appropriate zoning to meet the city’s or county’s share of the RHNA by income category and ensure that regulatory systems provide opportunities for, and do not unduly constrain, housing development. A city or county is required to analyze any special needs for the elderly, persons with disabilities, large families, farmworkers, female heads of households, and persons in need of emergency shelter.
This bill requires the special needs analysis to include the needs for frequent user coordinated care services, which means housing combined with supportive services for homeless persons that the city or county has identified as the most costly, frequent users of publicly funded services. Supportive Services could include a combination of subsidized permanent supportive housing, intensive case management, medical and mental health care, substance abuse treatment, employment services, and benefits advocacy.
FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local: No
California Coalition for Youth
California Medical Association
Easter Seals
Housing California
League of California Cities
San Diego Housing Commission
San Diego Regional Chamber
ASSEMBLY FLOOR: 74-0, 5/22/15
AYES: Achadjian, Travis Allen, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Wilk, Williams, Wood, Atkins
NO VOTE RECORDED: Alejo, Jones, O'Donnell, Olsen, Waldron, Weber
Prepared by: Alison Dinmore / T. & H. / (916) 651-4121
7/2/15 15:38:15
**** END ****
AB 1403 (Maienschein) 6/25/15 Page 3 of 3
SENATE COMMITTEE ON GOVERNANCE AND FINANCE
Senator Robert Hertzberg, Chair
2015 - 2016 Regular
Bill No: |
AB 1403 |
Hearing Date: |
7/1/15 |
Author: |
Maienschein |
Tax Levy: |
No |
Version: |
6/25/15 |
Fiscal: |
No |
Consultant: |
Weinberger |
||
JOINT POWERS AGREEMENTS AND HOUSING
Allows a private, non-profit corporation that provides services to homeless persons to enter into a joint powers agreement with a public agency to provide housing and care services to homeless persons who most frequently utilize public services.
Background and Existing Law
The Joint Exercise of Powers Act allows two or more public agencies to use their powers in common if they sign a joint powers agreement. Each public agency must independently possess the authority to perform the activity that is to be performed jointly pursuant to a joint powers agreement. Sometimes an agreement creates a new, separate government called a joint powers authority (JPA).
State law generally limits membership in JPAs to public agencies: federal, state, and local governments. However, legislation has authorized some types of private entities to enter into joint powers agreements with public agencies for specified purposes. For example, state law allows a mutual water company to enter into a joint powers agreement with any public agency for the purpose of jointly exercising any power common to the contracting parties (AB 2014, Cortese, 1994). Similarly, state law allows nonprofit hospitals to enter into JPAs to provide health care services in Fresno County (AB 1785, Reyes, Chapter 55, Statutes of 2002); Contra Costa County (AB 3097, Campbell, Chapter 148, Statutes of 1996); Tulare, Kings, and San Diego Counties (SB 850, Kelley, Chapter 432, Statutes of 1997); and Tuolumne County (AB 2717, House, Chapter 227, Statutes of 2000).
The City of San Diego launched a program in January of 2011, known as “Project 25,” which involved the collaboration of multiple social service providers in the City of San Diego, that targeted 35 or more of the chronically homeless most frequent users of emergency room visits, ambulance services, in-patient hospitalizations, mental health out-patient and inpatient services, jail and incarceration costs and detoxification services. Project 25 aimed to provide permanent housing followed closely by wraparound intensive case management. It also focused on data collection to track the differences the program was making in the participants' use of public services, and included a large number of data partners, including local hospitals, ambulance providers, county and city departments, and local shelters. The program produced dramatic results, significantly reducing public expenditures, emergency room visits, in-patient medical stays, and arrests. However, one of the issues noted by public agencies and nonprofits that participated in Project 25 was that overcoming data sharing concerns was a significant challenge at the start of the program.
Some housing policy stakeholders want to allow non-profit entities that provide services to homeless persons to enter into JPAs to facilitate the information sharing that is necessary to identify, the most costly homeless individuals and more easily provide the appropriate services to reduce or prevent homelessness.
Proposed Law
Assembly Bill 1403, until January 1, 2024, allows one or more private, nonprofit 501(c) (3) corporations that provide services to homeless persons for the prevention of homelessness to form a JPA, or enter into a joint powers agreement with one or more public agencies. The JPA must be a public entity, but must not have the power to incur debt.
AB 1403 requires the JPA or agreement created pursuant to the bill’s provisions to encourage and ease information sharing between public agencies and nonprofit corporations necessary, to identify the most costly, frequent users of publicly funded emergency services to provide frequent user coordinated care housing services to homeless persons or to prevent homelessness.
AB 1403 requires the JPA or agreement created pursuant to the bill’s provisions to be governed by a board of directors. The composition of the board must be determined by the participating public agency or agencies. The representation of nonprofit 501(c) (3) corporations cannot exceed 50% of the board membership.
The bill provides that a housing element analysis of any special needs by a city or county may include an analysis of the need for frequent user coordinated care housing services.
For the purposes of Housing Element Law, AB 1403 defines the following terms:
“Frequent user coordinated care housing services” means housing combined with other supportive services for homeless persons identified by a city or county as the most costly, frequent users of publicly funded emergency services.
“Supportive services” include, but are not limited to, a combination of subsidized, permanent housing, intensive case management, medical and mental health care, substance abuse treatment, employment services, and benefits advocacy.
State Revenue Impact
No estimate.
Comments
1. Purpose of the bill. Current law generally authorizes two or more public agencies to form a JPA to jointly exercise common powers of the agencies. Allowing private, nonprofits to participate in a JPA must be legislatively authorized for specific purposes. Current law does not allow public agencies and private nonprofits to form JPAs for the purpose of providing frequent user coordinated care housing services. AB 1403 authorizes private nonprofit corporations organized pursuant to Section 501 (c)(3) of the Internal Revenue Code, that provide services to homeless persons or for the prevention of homelessness, to enter into a joint powers agreement with public agencies for the purpose of providing frequent user coordinate care housing services. This bill is needed to ease the ability of local government agencies and interested nonprofits to share information amongst each other to identify the most costly homeless individuals and more easily provide the appropriate services necessary to reduce or prevent homelessness.
2. Double-referred. The Senate Rules Committee has ordered a double-referral of AB 1403 -- first to the Senate Transportation & Housing Committee, which has jurisdiction over bills relating to housing policy, and then to the Senate Governance & Finance Committee, which has jurisdiction over bills relating to the Joint Exercise of Powers Act. The Senate Transportation & Housing Committee passed AB 1403 at its June 16 hearing on an 11-0 vote.
Assembly Actions
Assembly Housing & Community Development Committee: 6-0
Assembly Local Government Committee: 9-0
Assembly Floor: 74-0
Support and Opposition
(6/25/15)
Support: California Coalition for Youth; California Medical Association; Easter Seals; Housing California; League of California Cities; San Diego Housing Commission; San Diego Regional Chamber.
Opposition: Unknown.
-- END --
AB 1403 (Maienschein) Page 5 of 5
SENATE COMMITTEE ON TRANSPORTATION AND HOUSING
Senator Jim Beall, Chair
2015 - 2016 Regular
Bill No: AB 1403 Hearing Date: 6/16/2015
Author: |
Maienschein |
||
Version: |
4/7/2015 |
||
Urgency: |
No |
Fiscal: |
No |
Consultant: |
Alison Dinmore |
||
SUBJECT: Housing: joint powers agreement
DIGEST: This bill allows one or more private, nonprofit 501(c)(3) corporations that provide services to homeless persons for the prevention of homelessness to form a joint powers agency (JPA), or enter into a joint powers agreement with one or more public agencies.
ANALYSIS:
Existing law:
1) The Joint Exercise of Powers Act authorizes two or more public agencies by agreement to jointly exercise any power common to the contracting parties, including, but not limited to, the authority to levy a fee, assessment, or tax, even though one or more of the contracting agencies may be located outside the state.
2) Requires every city and county to prepare and adopt a general plan containing seven mandatory elements, including a housing element.
3) Requires a jurisdiction’s housing element to identify and analyze existing and projected housing needs, identify adequate sites with appropriate zoning to meet the housing needs of all income segments of the community, and ensure that regulatory systems provide opportunities for, and do not unduly constrain, housing development.
4) Requires cities and counties located within the territory of a metropolitan planning organization (MPO) to revise their housing elements every eight years following the adoption of every other regional transportation plan. Cities and counties in rural non-MPO regions must revise their housing elements every five years.
This bill:
1) Allows one or more private, nonprofit 501(c)(3) corporations that provide services to homeless persons for the prevention of homelessness to form a JPA, or enter into a joint powers agreement with one or more public agencies. The JPA shall be a public entity, but shall not have the power to incur debt.
2) Requires the JPA or agreement created by this bill to encourage and ease the sharing of information between public agencies and nonprofit corporations necessary to identify the most costly, frequent users of publicly funded emergency services to provide frequent user coordinated care housing services to homeless persons or to prevent homelessness.
3) Requires the JPA or agreement created by this bill to be governed by a board of directors. The composition of the board shall be determined by the participating public agency or agencies. The representation of nonprofit 501(c)(3) corporations shall not exceed 50% of the board membership.
4) Provides that a housing element analysis of any special needs by a city or county may include an analysis of the need for frequent user coordinated care housing services.
5) For the purposes of Housing Element Law, defines the following terms:
“Frequent user coordinated care housing services” means housing combined with other supportive services for homeless persons identified by a city or county as the most costly, frequent users of publicly funded emergency services.
“Supportive services” include, but are not limited to, a combination of subsidized, permanent housing, intensive case management, medical and mental health care, substance abuse treatment, employment services, and benefits advocacy.
COMMENTS:
Purpose of the bill. According to the author, AB 1403 is needed to ease the ability of local government agencies and interested private, nonprofits to share information amongst each other to identify the most costly homeless individuals and more easily provide the appropriate services necessary to reduce or prevent homelessness.
2) Joint Exercise of Powers Act. The Joint Exercise of Powers Act provides the basic legal authority for public entities to create and use JPAs. A JPA is a new government entity created by the member agencies, but is legally independent from them. Joint powers are exercised when the public officials of two or more agencies agree through a formal joint powers agreement to establish a joint approach or create another legal entity to work on a common problem, fund a project, or act as a representative body for a specific activity. All manner of federal, state, and local public agencies can agree to exercise joint powers. JPAs can exercise only those powers that are common to their member agencies and outlined in the joint powers agreement, and all meetings are open and are subject to the Ralph M. Brown Act. Examples of areas where JPAs are commonly used include groundwater management, road construction, habitat conservation, airport expansion, stadium construction, mental health facilities construction, educational programs, employee benefit services, insurance coverage, and regional transportation projects.
Special legislation can authorize certain non-governmental entities to participate in JPAs, even though they are not public agencies. For example, to help nonprofit hospitals keep pace with changes in the health care industry, the Legislature permitted them to enter into JPAs to provide health care services in Fresno (AB 1785, Reyes, Chapter 55, Statutes of 2002); Contra Costa (AB 3097, Campbell, Chapter 148, Statutes of 1996); Tulare, Kings, and San Diego County (SB 850, Kelley, Chapter 432, Statutes of 1997); and Tuolomne (AB 2717, House, Chapter 227, Statutes of 2000) counties. Additionally, AB 2014 (Cortese, Chapter 250, Statutes of 1994) permitted mutual water companies to enter into JPAs with water agencies. This bill would allow supportive housing providers to partner with government entities in the same way as water agencies and hospitals.
3) Distinction between other JPAs and this bill. Under existing law, JPAs can issue debt and member agencies can levy taxes or assessments and contribute those revenues to the JPAs’ operations. This bill would prohibit these new JPAs from incurring debt. Unlike other JPAs, this bill also provides that representation of nonprofit corporations on the JPA board of directors will not be more than 50% of the board membership.
4) Housing element provisions. The Planning and Zoning Law requires cities and counties to prepare and adopt a general plan, including a housing element, to guide the future growth of a community. The general plan must contain seven elements, one of which is the housing element. Following a staggered schedule, cities and counties located within the territory of an MPO must revise their housing elements every eight years, and cities and counties in rural non-MPO regions must revise their housing elements every five years. These five- and eight-year cycles are known as the housing element planning period.
Before each revision, each city and county is allocated its fair share of housing through the regional housing needs assessment (RHNA) process. First, the Department of Housing and Community Development (HCD) works with a council of governments (COG) to determine the region’s housing need. A COG, or HCD for areas without a COG, then allocates the region’s need to each city and county within the region. The RHNA allocation includes both an overall housing need number and a breakdown of this overall need into four income categories: above moderate-, moderate-, low-, and very low-income households. The RHNA serves as goals for the development of all income groups that the jurisdictions are expected to meet. A housing element must identify adequate sites with appropriate zoning to meet the city’s or county’s share of the RHNA by income category and ensure that regulatory systems provide opportunities for, and do not unduly constrain, housing development. A city or county is required to analyze any special needs for the elderly, persons with disabilities, large families, farmworkers, female heads of households, and persons in need of emergency shelter.
This bill would require the special needs analysis to include the needs for frequent user coordinated care services, which means housing combined with supportive services for homeless persons that the city or county has identified as the most costly, frequent users of publicly funded services. Supportive Services could include a combination of subsidized permanent supportive housing, intensive case management, medical and mental health care, substance abuse treatment, employment services, and benefits advocacy.
5) Double-referral. The Senate Rules Committee has referred this bill to both this committee and the Governance and Finance Committee. Therefore, if the bill passes this committee, it will be referred to the Governance and Finance Committee.
Assembly votes:
Floor: 74-0
L Gov: 9-0
H&CD: 6-0
FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local: No
POSITIONS: (Communicated to the committee before noon on Wednesday,
June 10, 2015.)
SUPPORT:
California Coalition for Youth
California Medical Association
Easter Seals
Housing California
League of California Cities
San Diego Housing Commission
San Diego Regional Chamber
OPPOSITION:
None received
-- END --
AB 1403
Page 4
Date of Hearing: May 13, 2015
ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT
Brian Maienschein, Chair
AB 1403
(Maienschein) – As Amended April 7, 2015
SUBJECT: Housing: joint powers agreement.
SUMMARY: Allows a public agency or agencies and one or more private, nonprofits dedicated to provide services to homeless to form a joint powers agency or enter into a joint powers agreement in order to identify and provide services to the most costly, frequent users of public funded emergency services. Specifically, this bill:
Defines, for purposes of Housing Element Law, the following terms:
“Frequent user coordinated care housing services” to mean housing combined with other supportive services for homeless persons identified by a city or county as the most costly, frequent users of publicly funded emergency services; and,
"Supportive services” to include, but not be limited to, a combination of subsidized, permanent housing, intensive case management, medical and mental health care, substance abuse treatment, employment services, and benefits advocacy.
Provides that a housing element analysis of any special housing needs may include an analysis of the need for frequent user coordinated care housing services.
Allows one or more private, nonprofit corporations that are organized, pursuant to Section 501(c)(3) of the Internal Revenue Code, and provide services to homeless persons or for the prevention of homelessness, to form a joint powers agency (agency) or enter into a joint powers agreement (agreement) with one or more public agencies.
Provides that the agency formed, pursuant to the agreement, shall be deemed to be a public entity, except that, notwithstanding any other law, the agency shall not have the power to incur debt.
Specifies that the purpose of an agency or agreement authorized, pursuant to the bill's provisions, shall be to encourage and ease the sharing of information between public agencies and nonprofit corporations, pursuant to 1), above, necessary to identify the most costly, frequent users of publicly funded emergency services in order to provide frequent user coordinated care housing services, as defined, to homeless persons or to prevent homelessness.
Requires an agency formed, pursuant to the bill's provisions, to be governed by a board
of directors, and specifies that the composition of the board shall be determined by the participating public agency or agencies.Prohibits the representation of private nonprofit corporations on the board from exceeding 50%.
EXISTING LAW:
The Joint Exercise of Powers Act authorizes two or more public agencies by agreement to jointly exercise any power common to the contracting parties, including, but not limited to, the authority to levy a fee, assessment, or tax, even though one or more of the contracting agencies may be located outside this state.
Requires every city and county to prepare and adopt a general plan containing seven mandatory elements, including a housing element.
Requires a jurisdiction's housing element to identify and analyze existing and projected housing needs, identify adequate sites with appropriate zoning to meet the housing needs of all income segments of the community, and ensure that regulatory systems provide opportunities for, and do not unduly constrain, housing development.
Requires cities and counties located within the territory of a metropolitan planning organization (MPO) to revise their housing elements every eight years following the adoption of every other regional transportation plan. Cities and counties in rural non-MPO regions must revise their housing elements every five years.
FISCAL EFFECT: None
COMMENTS:
Bill Summary. This bill allows a public agency or agencies and one or more private, nonprofits dedicated to provide services to homeless to form a joint powers agency or enter into a joint powers agreement in order to identify and provide services to the most costly, frequent users of public funded emergency services. The bill also defines the terms "frequent user coordinated care housing services" and "supportive services" for purposes of Housing Element Law, and provides that a housing element analysis of any special housing needs may include an analysis of the need for frequent user coordinated care housing services.
This bill is author-sponsored.
Joint Exercise of Powers Act. Joint powers are exercised when the public officials of two or more agencies agree to establish a joint approach or create another legal entity to work on a common problem, fund a project, or act as a representative body for a specific activity. All manner of federal, state and local public agencies can agree to exercise joint powers. A California agency can even share joint powers with an agency in another state. The common thread is that a confederation of governments work together and share resources for mutual support or common actions. The government agencies that participate in joint powers agreements are called member agencies.
A joint powers agreement is a formal, legal agreement between two or
more public agencies that share a common power and want to jointly
implement programs, build facilities, or deliver services. Officials
from those public agencies formally approve a written cooperative
arrangement. A joint powers agency or joint powers authority is
simply a new government entity created by the member agencies, but is
legally independent from them. Like a joint
powers
agreement in which one agency administers the terms of the agreement,
a joint powers agency or authority exercises powers common to the
member agencies, and those powers are outlined in the joint powers
agreement. The new entity need not even call itself a JPA. JPAs are
not special districts, although such agencies can enter into joint
powers agreements.
Public agencies authorized to enter into joint powers agreements include "the federal government or any federal department or agency, this state, another state or any state department or agency, a county, county board of education, county superintendent of schools, city, public corporation, public district, regional transportation commission of this state or another state, a federally recognized Indian tribe, or any joint powers authority…".
Special legislation can also authorize certain nongovernmental organizations to participate in joint powers agreements, even though they are not public agencies. For instance, to help nonprofit hospitals keep pace with changes in the health care industry, the Legislature has allowed them to enter into joint powers agreements to provide health care services in Fresno, Contra Costa, Kings, Tuolumne, San Diego, and Tulare counties. Another enacted bill allowed mutual water companies to enter joint powers agreements with public water agencies.
As tools for collaboration, JPAs are used for a variety of purposes. By sharing resources and combining services, the member agencies - and their taxpayers - save time and money. There are no official categories for the types of JPAs, but their services fall into five broad groups: general public services, financial services, insurance pooling and purchasing discounts, planning services, and regulatory enforcement.
Author's Statement. According to the author, "Current law generally authorizes two or more public agencies to form a JPA to jointly exercise certain powers of the agencies. Allowing private, nonprofits to participate in a JPA must be legislatively authorized for specific purposes. Current law does not allow public agencies and private nonprofits to form JPAs for the purpose of providing frequent user coordinated care housing services. AB 1403 authorizes private nonprofit corporations organized pursuant to Section 501 (c)(3) of the Internal Revenue Code that provide services to homeless persons or for the prevention of homelessness to enter into a joint powers agreement with public agencies for the sole purpose of providing frequent user coordinate care housing services. This bill is needed to ease the ability of local government agencies and interested nonprofits to share information amongst each other to identify the most costly homeless individuals and more easily provide the appropriate services necessary to reduce or prevent homelessness."
Background on Project 25 in San Diego. Project 25, launched in January of 2011, involved the collaboration of multiple social service providers in the City of San Diego that targeted 35 or more of the chronically homeless most frequent users of emergency room visits, ambulance services, in-patient hospitalizations, mental health out-patient and inpatient services, jail and incarceration costs and detoxification services. Project 25 aimed to provide permanent housing followed closely by wraparound intensive case management. It also focused on data collection to track the differences the program was making in the participants' use of public services, and included a large number of data partners, including local hospitals, ambulance providers, county and city departments, and local shelters. One
year into the program, results from the combination of long-term housing and supportive series were dramatic: the total cost of public resources for project participants fell to
$3.4 million in 2011 from more than $11 million in 2010, emergency room visits were down by 77%, in-patient medical stays were down 73%, and arrests were down by 69%.
One of the issues noted by public agencies and nonprofits that participated in Project 25 was that overcoming data sharing concerns was a significant challenge at the start of the program.
This bill creates another forum for interested agencies and nonprofits to come together under the common goal of providing services to the most common users of public-funded services, and provides an opportunity for interested agencies to share information in a structured, formal way.
Arguments in Support. Easter Seals argues that "this bill will help expedite the process
of more appropriate local resource development. Targeting resources and designing targeted interventions to those with the greatest needs makes sense. The addition of this new option, and the new partnership available by extending the Joint Powers Agreements to include nonprofit agencies, will help us all better serve our local communities."Arguments in Opposition. None on file.
Double-Referral. This bill was heard in the Housing and Community Development Committee on April 29, 2015 and passed with a 6-0 vote.
REGISTERED SUPPORT / OPPOSITION:
Support
Housing California
Easter Seals
Opposition
None on file
Analysis Prepared by: Debbie Michel / L. GOV. / (916) 319-3958
AB 1403
Page 3
Date of Hearing: April 29, 2015
ASSEMBLY COMMITTEE ON HOUSING AND COMMUNITY DEVELOPMENT
Ed Chau, Chair
AB 1403
(Maienschein) – As Amended April 7, 2015
SUBJECT: Housing: joint powers agreement
SUMMARY: Allows one or more private, non-profit 501 (c) (3) corporations that provide services to homeless persons for the prevention of homelessness to form a joint powers agency (JPA), or enter into a joint powers agreement, with one or more public agencies. Specifically, this bill:
Defines "frequent user coordinated care housing services" to mean housing combined with other supportive services for homeless persons identified by a city or county as the most costly, frequent users of publicly funded emergency services.
Defines "supportive services" as including, but not limited to, a combination of subsidized permanent housing, intensive case management, medical and mental health care, substance abuse treatment, employment services, and benefits advocacy.
Allows one or more private, non-profit 501 (c) (3) corporations that provide services to homeless persons for the prevention of homelessness to form a JPA or enter into a joint powers agreement with one or more public agencies.
Gives the JPA formed by the non-profit(s) and public agency(s) all the powers under the Joint Powers Authority Act except the newly formed agency will not have the power to incur debt.
Provides that the purpose of the JPA or joint powers agreement is to encourage and ease the sharing of information between public agencies and non-profit corporations necessary to identify the most costly, frequent users of publicly funded emergency services in order to provide frequent user coordinated care housing services to homeless persons or to prevent homelessness.
Provides that the JPA formed will be governed by a board of directors with the members determined by the participating public agency or agencies.
Provides that the representation of private nonprofit corporations on the JPA board will not be more than 50% of the membership.
Provides that a housing element analysis of any special housing needs may include an analysis of the need for frequent user coordinated care housing services.
EXISTING LAW:
The Joint Exercise of Powers Act authorizes two or more public agencies by agreement to jointly exercise any power common to the contracting parties, including, but not limited to, the authority to levy a fee, assessment, or tax, even though one or more of the contracting agencies may be located outside this state (Government Code 6502).
Requires every city and county to prepare and adopt a general plan containing seven mandatory elements, including a housing element (Government Code Sections 65300 and 65302).
Requires a jurisdiction's housing element to identify and analyze existing and projected housing needs, identify adequate sites with appropriate zoning to meet the housing needs of all income segments of the community, and ensure that regulatory systems provide opportunities for, and do not unduly constrain, housing development (Government Code Section 65583).
Requires cities and counties located within the territory of a metropolitan planning organization (MPO) to revise their housing elements every eight years following the adoption of every other regional transportation plan. Cities and counties in rural non-MPO regions must revise their housing elements every five years (Government Code 65588).
FISCAL EFFECT: Unknown.
COMMENTS:
Background: The Joint Exercise of Powers Act provides the basic legal authority for public entities to create and use JPAs. A JPA is a new government entity created by the member agencies but is legally independent from them. Like a joint powers agreement in which one agency administers the terms of the agreement, a JPA exercises powers common to the member agencies and those powers are outlined in the joint powers agreement. Examples of areas where JPAs are commonly used include groundwater management, road construction, habitat conservation, airport expansion, stadium construction, mental health facilities construction, educational programs, employee benefit services, insurance coverage, and regional transportation projects.
JPAs are formed voluntarily by action of their member agencies and can exercise only those powers that are common to their member agencies. JPA meetings are open and are subject to the Ralph M. Brown Act. As a legally separate public agency a JPA can sue or be sued, hire staff, obtain financing to build public facilities, and manage properties.
Public agencies authorized to enter into joint powers agreements include the federal government or any federal department or agency, this state, another state or any state department or agency, a
county, county board of education, county superintendent of schools, city, public corporation, public district, regional transportation commission of this state or another state, a federally recognized Indian tribe, or any joint powers authority. Special legislation can also authorize certain nongovernmental organizations to participate in joint powers agreements, even though they are not public agencies. For instance, to help nonprofit hospitals keep pace with changes in the health care industry, the Legislature has allowed them to enter joint powers agreements to provide health care services in Fresno, Contra Costa, Kings, Tuolumne, San Diego, and Tulare counties. Another enacted bill allowed mutual water companies to enter joint powers agreements with public water agencies.
AB 1403 would authorize a nonprofit corporation that provides services to homeless persons or for the prevention of homelessness to form a JPA or enter into a joint powers agreement with one or more public agencies. The purpose of the JPA or agreement would be to encourage and ease information sharing between the public agencies and nonprofit corporations specifically to identify frequent users of publicly funded emergency services in order to provide those users coordinated care services.
Purpose of this bill: According to the author, AB 1403 is needed to ease the ability of local government agencies and interested private, nonprofits to share information amongst each other to identify the most costly homeless individuals and more easily provide the appropriate services necessary to reduce homelessness.
Differences between this new agency and a JPA: Under existing law, JPAs can issue debt and the member agencies could levy taxes or assessments and contribute those revenues to the JPA's operation. This bill would prohibit the new JPA formed under this bill from incurring debt. This bill also provides that the representation of private nonprofit corporations on the JPA board will not be more than 50% of the membership.
Housing element provisions: Every local government is required to prepare a housing element as part of its general plan. The housing element process starts when HCD determines the number of new housing units a region is projected to need at all income levels (very low-, low-, moderate-, and above-moderate income) over the course of the next housing element planning period to accommodate population growth and overcome existing deficiencies in the housing supply. This number is known as the regional housing needs assessment (RHNA). The Council of Governments (COG) for the region, or HCD for areas with no COG, then assigns a share of the RHNA number to every city and county in the region based on a variety of factors.
In preparing its housing element, a city or county must show how it plans to accommodate its share of the RHNA. The housing element must include an inventory of sites already zoned for housing. A city or county is required to analyze any special housing needs for the elderly, persons with disabilities, large families, farmworkers, female head of households, and persons in need of emergency shelter.
AB 1403 would require the analysis to include the needs for frequent user coordinated care housing services. Frequent user coordinated care housing services is defined as housing combined with other supportive services for homeless persons that the city or county has identified as the most costly, frequent users of publicly funded emergency services. Supportive services could include but are not limited to a combination of subsidized permanent housing, intensive case management, medical and mental health care, substance abuse treatment, employment services, and benefits advocacy.
REGISTERED SUPPORT / OPPOSITION:
Support
Housing California
Easter Seals
Opposition
None on file
Analysis Prepared by: Lisa Engel / H. & C.D. / (916) 319-2085
Bill Author
