AB 2296: Planning and zoning: housing element: regional housing needs allocation.

(1)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, which includes, among other mandatory elements, a housing element. For the 4th and subsequent revisions of the housing element, existing law requires the Department of Housing and Community Development, in consultation with each council of governments, to determine each regions existing and projected need for housing, and requires the appropriate council of governments, or the department for cities and counties without a council of governments, to adopt a final regional housing plan that allocates a share of the regional housing need to each city, county, or city and county, as provided.

Existing law authorizes at least 2 or more cities and a county, or counties, at least 28 months prior to the scheduled housing element revision, to form a subregional entity to allocate the subregions existing and projected housing need among its members. If the council of governments does not receive a notification of this formation at least 28 months prior to the update, existing law requires the council of governments to implement specified requirements regarding the regional housing need process. Existing law requires the council of governments to determine the share of regional housing need assigned to each delegate subregion at least 25 months prior to the scheduled revision.

This bill, except with respect to the 7th housing element cycle for councils of governments with a housing element revision due date during the calendar year 2027, 2028, or 2029, would extend the above-described timeline for cities and counties to form a subregional entity to allocate the subregions housing need, as provided, from 28 months to 34 months, and the above-described timeline for the council of governments to determine the share of regional housing need assigned to each subregion from 25 months to 31 months, respectively.

(2)Existing law, at least 2 years before a scheduled revision of the housing element, as specified, requires each council of governments, or delegate subregion as applicable, to develop, in consultation with the department, a proposed methodology for distributing the existing and projected regional housing need to jurisdictions, as specified. Existing law, at least 1¹/₂ years before a scheduled revision of the housing element, as specified, requires each council of governments and delegate subregion, as applicable, to distribute a draft allocation of regional housing needs to each local government in the region or subregion, where applicable, and the department, as specified.

This bill, except with respect to the 7th housing element cycle for councils of governments with a housing element revision due date during the calendar year 2027, 2028, or 2029, would instead require that the above-described methodology be developed at least 2¹/₂ years before a scheduled revision of the housing element, and that the distribution of the draft allocation plan be made at least 2 years before a scheduled revision of the housing element, respectively.

(3)Existing law requires each city, county, and city and county to, among other things, revise its housing element according to a specified schedule. Existing law generally requires local governments within the jurisdiction of certain metropolitan planning organizations or regional transportation planning agencies to update their housing elements 18 months after adoption of every 2nd regional transportation plan update, but not later than 8 years later than the deadline for adoption of the previous 8-year housing element, as specified. For subsequent revisions of the housing element after the 5th revision, existing law requires certain local governments to revise their housing elements at 5-year intervals, as specified. For the 7th revision and subsequent revisions of the housing element, existing law makes subsequent revisions due 24 months after the adoption of the 2nd regional transportation plan update for local governments within the jurisdiction of the Southern California Association of Governments, except as provided.

This bill would instead generally require local governments within the above-described metropolitan planning organizations or regional transportation planning agencies to update their housing elements 18 months after the estimated adoption date of every 2nd regional transportation plan update, as specified. The bill would require the 8th revision of the housing elements for the certain local governments previously at 5-year intervals for the 7th revision, to be due by June 30, 2032. The bill would also require, for the 9th and subsequent revisions of the housing elements for those local governments, to be due 18 months after adoption of every 2nd regional transportation plan update, as provided. For the 8th and subsequent revisions, the bill would require a local government within the Southern California Association of Governments to adopt the revised housing no later than 8 years later than the deadline for adoption of the previous 8-year housing element.

The housing element law requires a metropolitan planning organization or regional transportation planning agency that has an 8-year revision interval described above to notify the Department of Housing and Community Development and the Department of Transportation in writing of the estimated adoption date for its next regional transportation plan update at least 12 months before the estimated adoption date.

This bill would instead require the above-described notification 24 months before the estimated adoption date.

(4)The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.

(5)By requiring local officials to provide a higher level of service, the 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.