AB 1771: Planning and zoning: regional housing needs assessment.

(1)The Planning and Zoning Law requires counties and cities to adopt a comprehensive, long-term plan for the physical development of the county or city and certain land outside its boundaries that includes, among other specified mandatory elements, a housing element. That law, for the fourth and subsequent revisions of the housing element, requires the Department of Housing and Community Development to determine the existing and projected need for housing for each region in accordance with specified requirements. That law requires the appropriate council of governments, or, for cities and counties without a council of governments, the department, to adopt a final regional housing need allocation plan that allocates a share of the regional housing need to each city, county, or city and county and is consistent with specified objectives, including that the plan increase the housing supply and the mix of housing types, tenure, and affordability in all cities and counties within the region in an equitable manner. Existing law defines the term household income levels for purposes of these provisions.

This bill would revise the objectives required to be addressed in the regional housing needs allocation plan and additionally require the plan to include an objective to increase access to areas of high opportunity for lower-income residents, while avoiding displacement and affirmatively furthering fair housing. The bill would also define the term areas of high opportunity for lower-income residents for purposes of these provisions.

(2)Existing law requires actions by local agencies related to the regional housing needs allocation plan to be consistent with those specified objectives.

The bill would instead require various actions by local agencies related to the regional housing needs allocation plan to further the objectives required to be addressed by the plan.

(3)Existing law requires the council of governments, or delegate subregion as applicable, to develop a proposed methodology for distributing the existing and projected regional housing need to cities, counties, and cities and counties within the region or subregion, as applicable, that is consistent with specified objectives. Existing law requires the council of governments or delegate subregion as applicable, to provide the proposed methodology, along with any relevant underlying data and assumptions, an explanation of how information about local government conditions gathered has been used to develop the proposed methodology, and how each of the factors required to be addressed by the regional housing needs allocation plan is incorporated into the methodology, to all cities, counties, any subregions, and members of the public who have made a written request for the proposed methodology.

This bill would require the council of governments or delegate subregion as applicable, to additionally provide, along with the proposed methodology, an explanation of how the proposed methodology furthers the objectives required to be addressed by the regional housing needs allocation plan. The bill would authorize members of the public to make an electronic request for the proposed methodology and accompanying materials, and would require the information and any other supporting materials used in determining the methodology to be published on the council of governments or delegate subregions Internet Web site.

(4)Existing law, for cities and counties without a council of governments, requires the department to determine and distribute the existing and projected housing need, but authorizes the department to delegate this responsibility to cities and counties if certain requirements are met.

This bill would provide that statutory changes enacted after the date the department issued a final determination of the distribution of the existing and projected housing needs is not a basis for a revision of the final determination.

(5)Existing law requires each council of governments or delegate subregion as applicable, to include specified factors to develop the methodology that allocates regional housing needs, including, among others, each member jurisdictions existing and projected jobs and housing relationship, the market demand for housing, and high housing cost burdens, as specified.

This bill would require each council of governments or delegate subregion to develop the proposed methodology in consultation with the department. The bill would revise these factors, and additionally require the council of governments or delegate subregion, as applicable, to consider the rate of overcrowding and the percentage of existing households at each specified income level that are paying more than 30% and more than 50% of their income in rent.

(6)Existing law requires each council of governments, no more than 6 months prior to the development of a proposed methodology for distributing the existing and projected housing need, to survey each of its member jurisdictions to request, at a minimum, information regarding those factors that will allow the development of a methodology.

This bill would require the survey to review and compile information relating to the objective of affirmatively furthering fair housing, as specified. The bill would require the council of governments to electronically report the results of the survey, as specified.

(7)Existing law requires the council of governments, or delegate subregions, as applicable, to identify any existing local, regional, or state incentives available to those local governments that are willing to accept a higher share than proposed in the draft allocation, as specified.

This bill would repeal this provision.

(8)Existing law requires the council of governments, or delegate subregion, as applicable, following the 60-day public comment period, to adopt a final regional, or subregional, housing need allocation methodology and provide notice of the adoption of the methodology to the jurisdictions within the region, or delegate subregions, as applicable, and to the department.

This bill would instead require the council of governments, or delegate subregion, as applicable, following the public comment period, to publish a draft allocation methodology on its Internet Web site and submit the draft allocation methodology to the department. The bill would require the department to determine whether the methodology furthers the objectives described above. If the department determines that the methodology does not further the objectives, the bill would require the council of governments, or delegate subregion, as applicable, to take specified actions with respect to the housing need allocation methodology, including providing notice to the jurisdictions or applicable subregions and publishing the adopted allocation methodology on its Internet Web site.

(9)Existing law requires each council of governments or delegate subregion, as applicable, to distribute a draft allocation of regional housing needs to each local government within the region or subregion, as provided, at least 1.5 years prior to the scheduled revision of its housing element. Existing law authorizes a local government to request from the council of governments or delegate subregion, as applicable, a revision of its share of the regional housing need, in accordance with specified factors, within 60 days following receipt of the draft allocation. Under existing law, if the council of governments or delegate subregion, as applicable, does not accept the proposed revised share or modify the revised share to the satisfaction of the requesting party, the local government may appeal its draft allocation based on specified criteria.

This bill would instead authorize a local government within the region or the delegate subregion, as applicable, or the department to, within 45 days of receipt of the draft allocation, appeal to the council of governments or the delegate subregion for a revision of the share of the regional housing need proposed to be allocated to one or more local governments. The bill would specify criteria for the appeal and would require the local council of governments or the delegate subregion, as applicable, to notify all other local governments of all appeals, as specified. The bill would require the council of governments or the delegate region, as applicable, to hold a public hearing and consider comments received regarding the appeal. The bill would then require the council of governments or the delegate subregion, as applicable, to make a final determination on the appeal and issue a final allocation plan, as specified.

(10)Existing law, for the 4th and subsequent revisions of the housing element, requires the department to determine the existing and projected need for housing for each region, as provided, and requires the appropriate council of governments, or for cities and counties without a council of governments, the department, to adopt a final regional housing need plan allocating a share of the regional housing need to each city, county, or city and county. Existing law requires the department to meet and consult with the council of governments regarding the assumptions and methodology to be used by the department to determine the regions housing needs and requires the council of governments to provide data assumptions, including specified information regarding housing availability within the region.

This bill would require that the information provided by the council of governments include the loss of units during a state of emergency, as defined, that was declared by the Governor pursuant to the California Emergency Services Act, during the planning period immediately preceding the relevant revision of the housing element that have not been rebuilt or replaced at the time of the data request.

(11)Existing law requires the council of governments, or delegate subregion as applicable, to develop a proposed methodology for distributing the existing and projected regional housing need to cities, counties, and cities and counties within the region or subregion, as applicable, that is consistent with specified objectives. Existing law, to the extent that sufficient data is available as provided, requires each council of governments, or delegate subregion as applicable, to include specified factors to develop the methodology that allocates regional housing needs.

This bill would require that these factors include the loss of units during a state of emergency, as defined, that was declared by the Governor pursuant to the California Emergency Services Act during the planning period immediately preceding the relevant revision of the housing element that have yet to be rebuilt or replaced at the time of the analysis.

(12)This bill would incorporate additional changes to Sections 65584, 65584.01, and 65584.04 of the Government Code proposed by SB 828 to be operative only if this bill and SB 828 are enacted and this bill is enacted last.

(13)By adding to the duties of councils of governments and delegate subregions with respect to the distribution of regional housing need, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.