AB 2238: Local agency formation: regional housing need allocation: fire hazards: local health emergencies: hazardous and medical waste.

(1)Existing law, the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000, provides the authority and procedures for the initiation, conduct, and completion of changes of organization and reorganization of cities and districts. The act specifies the factors that a local agency formation commission is required to consider in the review of a proposal for a change of organization or reorganization, including, among other things, per capita assessed valuation and the proposals consistency with city or county general and specific plans.

This bill would instead require the commission to consider the assessed valuation rather than per capita assessed valuation. The bill would additionally require the commission to consider information contained in a local hazard mitigation plan, information contained in a safety element of a general plan, and any maps that identify land as a very high fire hazard zone or maps that identify land determined to be in a state responsibility area if it is determined that such information is relevant to the area that is the subject of the proposal. By adding to the duties of local agency formation commissions in reviewing a change of organization or reorganization, this bill would impose a state-mandated local program.

(2)Existing law, the Planning and Zoning Law, requires each county and city to adopt a comprehensive, long-term general plan for the physical development of the county or city, and certain land outside its boundaries, that includes, among other specified mandatory elements, a housing element. That law, for the 4th 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, 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.

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.

By adding to the duties of councils of governments and delegate subregions in determining the regional housing need allocation, this bill would impose a state-mandated local program.

(3)Under existing law, whenever a release, spill, escape, or entry of waste occurs, as specified, and the Director of Health Care Services or the local health officer makes specified determinations as to that waste, the director is authorized to declare a health emergency and the local health officer is authorized to declare a local health emergency in the jurisdiction or any area thereof affected by the threat to the public health. Existing law prohibits a local health emergency declared by a local health officer in excess of 7 days unless the board of supervisors or city council, as applicable, ratifies the local health emergency. Existing law requires the board of supervisors or city council, as applicable, to review the need for continuing the local health emergency at least every 14 days and requires the board of supervisors or city council to terminate the local health emergency at the earliest possible date that conditions warrant.

This bill would extend the periodic review of a local health emergency by a board of supervisors or city council from every 14 days to every 30 days.

(4)This bill would incorporate additional changes to Section 65584.01 of the Government Code proposed by AB 1771 and SB 828 to be operative only if this bill and either or both AB 1771 and SB 828 are enacted and this bill is enacted last.

This bill would incorporate additional changes to Section 65584.04 of the Government Code proposed by AB 1771 and SB 828 to be operative only if this bill and either or both AB 1771 and SB 828 are enacted and this bill is enacted last.

(5)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.