SB 262: Housing element: prohousing designations: prohousing local policies.
- Session Year: 2025-2026
- House: Senate
- Latest Version Date: 2025-10-10
Current Status:
Passed
(2025-10-10: Chaptered by Secretary of State. Chapter 513, Statutes of 2025.)
Introduced
In Committee
Awaiting First Chamber Vote
Passed First Chamber
In Committee
Awaiting Second Chamber Vote
Passed Second Chamber
Enacted
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 specified land outside its boundaries, that includes, among other specified mandatory elements, a housing element. Existing law requires the Department of Housing and Community Development to determine whether the housing element is in substantial compliance with those provisions. Existing law requires the department to designate jurisdictions as prohousing pursuant to emergency regulations adopted by the department, as prescribed. Existing law requires that jurisdictions that are prohousing and that are in substantial compliance with specified provisions be awarded additional points or preference in the scoring of applications for specified state programs. Existing law defines prohousing local policies for these purposes and specifies a nonexhaustive list of examples of those policies, including local financial incentives for housing and adoption of zoning allowing for use by right for residential and mixed-use development.
This bill would include in the definition of prohousing local policies policies that keep people housed, and would include additional examples of prohousing local policies under the above-described provisions, as specified.
This bill would incorporate additional changes to Section 65589.9 of the Government Code proposed by AB 36 to be operative only if this bill and AB 36 are enacted and this bill is enacted last.
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 specified land outside its boundaries, that includes, among other specified mandatory elements, a housing element. Existing law requires the Department of Housing and Community Development to determine whether the housing element is in substantial compliance with those provisions. Existing law requires the department to designate jurisdictions as prohousing pursuant to emergency regulations adopted by the department, as prescribed. Existing law requires that jurisdictions that are prohousing and that are in substantial compliance with specified provisions be awarded additional points or preference in the scoring of applications for specified state programs. Existing law defines prohousing local policies for these purposes and specifies a nonexhaustive list of examples of those policies, including local financial incentives for housing and adoption of zoning allowing for use by right for residential and mixed-use development.
This bill would include in the definition of prohousing local policies policies that keep people housed, and would include additional examples of prohousing local policies under the above-described provisions, as specified.
This bill would incorporate additional changes to Section 65589.9 of the Government Code proposed by AB 36 to be operative only if this bill and AB 36 are enacted and this bill is enacted last.
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 specified land outside its boundaries, that includes, among other specified mandatory elements, a housing element. Existing law requires the Department of Housing and Community Development to determine whether the housing element is in substantial compliance with those provisions. Existing law requires the department to designate jurisdictions as prohousing pursuant to emergency regulations adopted by the department, as prescribed. Existing law requires that jurisdictions that are prohousing and that are in substantial compliance with specified provisions be awarded additional points or preference in the scoring of applications for specified state programs. Existing law defines prohousing local policies for these purposes and specifies a nonexhaustive list of examples of those policies, including local financial incentives for housing and adoption of zoning allowing for use by right for residential and mixed-use development.
This bill would include in the definition of prohousing local policies policies that keep people housed, and would include additional examples of prohousing local policies under the above-described provisions, as specified.
This bill would incorporate additional changes to Section 65589.9 of the Government Code proposed by AB 36 to be operative only if this bill and AB 36 are enacted and this bill is enacted last.
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 specified land outside its boundaries, that includes, among other specified mandatory elements, a housing element. Existing law requires the Department of Housing and Community Development to determine whether the housing element is in substantial compliance with those provisions. Existing law requires the department to designate jurisdictions as prohousing pursuant to emergency regulations adopted by the department, as prescribed. Existing law requires that jurisdictions that are prohousing and that are in substantial compliance with specified provisions be awarded additional points or preference in the scoring of applications for specified state programs. Existing law defines prohousing local policies for these purposes and specifies a nonexhaustive list of examples of those policies, including local financial incentives for housing and adoption of zoning allowing for use by right for residential and mixed-use development.
This bill would include in the definition of prohousing local policies policies that keep people housed, and would include additional examples of prohousing local policies under the above-described provisions, as specified.
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 specified land outside its boundaries, that includes, among other specified mandatory elements, a housing element. Existing law requires the Department of Housing and Community Development to determine whether the housing element is in substantial compliance with those provisions. Existing law requires the department to designate jurisdictions as prohousing pursuant to emergency regulations adopted by the department, as prescribed. Existing law requires that jurisdictions that are prohousing and that are in substantial compliance with specified provisions be awarded additional points or preference in the scoring of applications for specified state programs. Existing law defines prohousing local policies for these purposes and specifies a nonexhaustive list of examples of those policies, including local financial incentives for housing and adoption of zoning allowing for use by right for residential and mixed-use development.
This bill would include in the definition of prohousing local policies policies that keep people housed, and would include additional examples of prohousing local policies under the above-described provisions, as specified.
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 specified land outside its boundaries, that includes, among other specified mandatory elements, a housing element. Existing law requires the Department of Housing and Community Development to determine whether the housing element is in substantial compliance with those provisions. Existing law requires the department to designate jurisdictions as prohousing pursuant to emergency regulations adopted by the department, as prescribed. Existing law requires that jurisdictions that are prohousing and that are in substantial compliance with specified provisions be awarded additional points or preference in the scoring of applications for specified state programs. Existing law defines prohousing local policies for these purposes and specifies a nonexhaustive list of examples of those policies, including local financial incentives for housing and adoption of zoning allowing for use by right for residential and mixed-use development.
This bill would include in the definition of prohousing local policies policies that keep people housed, and would specify include additional examples of prohousing local policies under the above-described provisions. provisions, as specified.
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 specified land outside its boundaries, that includes, among other specified mandatory elements, a housing element. Existing law requires the Department of Housing and Community Development to determine whether the housing element is in substantial compliance with those provisions. Existing law requires the department to designate jurisdictions as prohousing pursuant to emergency regulations adopted by the department, as prescribed. Existing law requires that jurisdictions that are prohousing and that are in substantial compliance with specified provisions be awarded additional points or preference in the scoring of applications for specified state programs. Existing law defines prohousing local policies for these purposes and specifies a nonexhaustive list of examples of those policies, including local financial incentives for housing and adoption of zoning allowing for use by right for residential and mixed-use development.
This bill would additionally specify, as include in the definition of prohousing local policies policies that keep people housed, and would specify additional examples of prohousing local policies under the above-described provisions, residential rent stabilization ordinances, safe parking and safe camping programs, as specified, and funding legal services for eviction defense and eviction prevention. provisions.
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 specified land outside its boundaries, that includes, among other specified mandatory elements, a housing element. Existing law requires the Department of Housing and Community Development to determine whether the housing element is in substantial compliance with those provisions. Existing law requires the department to designate jurisdictions as prohousing pursuant to emergency regulations adopted by the department, as prescribed. Existing law requires that jurisdictions that are prohousing and that are in substantial compliance with specified provisions be awarded additional points or preference in the scoring of applications for specified state programs. Existing law defines prohousing policies for these purposes and specifies a nonexhaustive list of examples of those policies, including local financial incentives for housing and adoption of zoning allowing for use by right for residential and mixed-use development.
This bill would additionally specify, as examples of prohousing policies under the above-described provisions, residential rent stabilization ordinances, safe parking and safe camping programs, as specified, and funding legal services for eviction defense and eviction prevention.
(a)It is the intent of the Legislature to create incentives for jurisdictions that are compliant with housing element requirements and have enacted prohousing local policies. It is the intent of the Legislature that these incentives be in the form of additional points or other preference in the scoring of competitive housing and infrastructure programs. It is the intent of the Legislature that, in adopting regulations related to prohousing local policy criteria, the department shall create criteria that consider the needs of rural, suburban, and urban jurisdictions and how those criteria may differ in those areas.
(b)For award cycles commenced after July 1, 2021, jurisdictions that have adopted a housing element that has been found by the department to be in substantial compliance with the requirements of this article pursuant to Section 65585, and that have been designated prohousing pursuant to subdivision (c) based upon their adoption of prohousing local policies, shall be awarded additional points or preference in the scoring of program applications for the following programs:
(1)The Affordable Housing and Sustainable Communities Program established by Part 1 (commencing with Section 75200) of Division 44 of the Public Resources Code.
(2)The Transformative Climate Communities Program established by Part 4 (commencing with Section 75240) of Division 44 of the Public Resources Code.
(3)The qualifying infill area portion of the Infill Incentive Grant Program of 2007 established by Section 53545.13 of the Health and Safety Code.
(4)The qualifying infill area and catalytic qualifying infill area portions of the Infill Infrastructure Grant Program of 2019 established by Section 53559 of the Health and Safety Code.
(5)Additional bonus points may be awarded to other state programs when already allowable under state law.
(c)(1)The department shall designate jurisdictions as prohousing pursuant to the emergency regulations adopted pursuant to subdivision (d) and report these designations to the Office of Land Use and Climate Innovation, and any other applicable agency or department, annually and upon request.
(2)Any additional points or preferences awarded for a prohousing local policy described in subparagraphs (L) to (N), inclusive, of paragraph (3) of subdivision (f) shall not exceed the minimum value of points or preferences awarded for a prohousing local policy that directly relates to the planning, approval, or construction of housing.
(d)(1)By July 1, 2021, the department, in collaboration with stakeholders, shall adopt emergency regulations to implement this section.
(2)Notwithstanding Section 11346.1, the emergency regulations adopted pursuant to this subdivision shall remain in effect until the date that permanent regulations to implement this section become effective.
(e)On or before January 1, 2021, and annually thereafter, the department shall publish on its internet website the list of programs included under subdivision (b).
(f)For purposes of this section, the following definitions shall apply:
(1)Adaptive reuse shall have the same meaning as in Section 53559.1 of the Health and Safety Code.
(2)Compliant housing element means an adopted housing element that has been found to be in substantial compliance with the requirements of this article by the department pursuant to Section 65585.
(3)Prohousing local policies means policies that facilitate the planning, approval, or construction of housing, or policies that keep people housed. These policies may include, but are not limited to, the following:
(A)Local financial incentives for housing, including, but not limited to, establishing a local housing trust fund.
(B)Reduced parking requirements for sites that are zoned for residential development.
(C)Adoption of zoning allowing for use by right for residential and mixed-use development.
(D)Zoning more sites for residential development or zoning sites at higher densities than is required to accommodate the minimum existing regional housing need allocation for the current housing element cycle.
(E)Adoption of accessory dwelling unit ordinances or other mechanisms that reduce barriers for property owners to create accessory dwelling units beyond the requirements outlined in Article 2 (commencing with Section 66314) of Chapter 13, as determined by the department.
(F)Reduction of permit processing time.
(G)Creation of objective development standards.
(H)Reduction of development impact fees.
(I)Establishment of a Workforce Housing Opportunity Zone, as defined in Section 65620, or a housing sustainability district, as defined in Section 66200.
(J)Preservation of affordable housing units through the extension of existing project-based rental assistance covenants to avoid the displacement of affected tenants and a reduction in available affordable housing units.
(K)Facilitation of the conversion or redevelopment of commercial properties into housing, including the adoption of adaptive reuse ordinances or other mechanisms that reduce barriers for these conversions.
(L)A safe parking program that provides safe parking locations and options for individuals and families living in their vehicles and that does all of the following:
(i)Provides a bathroom facility and onsite security.
(ii)Establishes an application or enrollment process for the program that may include a background check requirement.
(iii)Establishes rules and regulations for the program.
(M)A safe camping program that provides safe camping locations and options for individuals and families experiencing unsheltered homelessness.
(N)Adoption of ordinances, processes, or other mechanisms that expedite, or remove barriers to, the approval of any of the following:
(i)Low-barrier navigation centers beyond the requirements in Article 12 (commencing with Section 65660).
(ii)Emergency shelters beyond the requirements in Section 65583.
(iii)Supportive housing beyond the requirements in Article 11 (commencing with Section 65650).
SEC. 1.5.Section 65589.9 of the Government Code is amended to read:65589.9.(a)It is the intent of the Legislature to create incentives for jurisdictions that are compliant with housing element requirements and have enacted prohousing local policies. It is the intent of the Legislature that these incentives be in the form of additional points or other preference in the scoring of competitive housing and infrastructure programs. It is the intent of the Legislature that, in adopting regulations related to prohousing local policy criteria, the department shall create criteria that consider the needs of rural, suburban, and urban jurisdictions and how those criteria may differ in those areas.
(b)For award cycles commenced after July 1, 2021, jurisdictions that have adopted a housing element that has been found by the department to be in substantial compliance with the requirements of this article pursuant to Section 65585, and that have been designated prohousing pursuant to subdivision (c) based upon their adoption of prohousing local policies, shall be awarded additional points or preference in the scoring of program applications for the following programs:
(1)The Affordable Housing and Sustainable Communities Program established by Part 1 (commencing with Section 75200) of Division 44 of the Public Resources Code.
(2)The Transformative Climate Communities Program established by Part 4 (commencing with Section 75240) of Division 44 of the Public Resources Code.
(3)The qualifying infill area portion of the Infill Incentive Grant Program of 2007 established by Section 53545.13 of the Health and Safety Code.
(4)The qualifying infill area and catalytic qualifying infill area portions of the Infill Infrastructure Grant Program of 2019 established by Section 53559 of the Health and Safety Code.
(5)Additional bonus points may be awarded to other state programs when already allowable under state law.
(c)(1)The department shall designate jurisdictions as prohousing pursuant to the permanent regulations adopted pursuant to subdivision (d) and report these designations to the Office of Land Use and Climate Innovation, and any other applicable agency or department, annually and upon request.
(2)(A)Beginning with the seventh housing element cycle, the department shall, upon request by a small rural jurisdiction, to the extent feasible, evaluate materials from the small rural jurisdictions housing element submission, pursuant to Section 65585, for evidence of prohousing local policies in order to minimize the need for jurisdictions to submit supplementary documentation.
(B)The department shall only conduct the evaluation described in subparagraph (A) for small rural jurisdictions that have a compliant housing element.
(3)(A)The department shall not require small rural jurisdictions to renew their prohousing designations for at least four years.
(B)This paragraph shall not be construed to limit the authority of the department to revoke a jurisdictions prohousing designation.
(4)Any additional points or preferences awarded for a prohousing local policy described in subparagraphs (L) to (N), inclusive, of paragraph (3) of subdivision (f) shall not exceed the minimum value of points or preferences awarded for a prohousing local policy that directly relates to the planning, approval, or construction of housing.
(d)(1)By July 1, 2021, the department, in collaboration with stakeholders, shall adopt emergency regulations to implement this section.
(2)Notwithstanding Section 11346.1, the emergency regulations adopted pursuant to this subdivision shall remain in effect until the date that permanent regulations to implement this section become effective.
(e)On or before January 1, 2021, and annually thereafter, the department shall publish on its internet website the list of programs included under subdivision (b).
(f)For purposes of this section, the following definitions shall apply:
(1)Adaptive reuse shall have the same meaning as in Section 53559.1 of the Health and Safety Code.
(2)Compliant housing element means an adopted housing element that has been found to be in substantial compliance with the requirements of this article by the department pursuant to Section 65585.
(3)Prohousing local policies means policies that facilitate the planning, approval, or construction of housing, or policies that keep people housed. These policies may include, but are not limited to, the following:
(A)Local financial incentives for housing, including, but not limited to, establishing a local housing trust fund.
(B)Reduced parking requirements for sites that are zoned for residential development.
(C)Adoption of zoning allowing for use by right for residential and mixed-use development.
(D)Zoning more sites for residential development or zoning sites at higher densities than is required to accommodate the minimum existing regional housing need allocation for the current housing element cycle.
(E)Adoption of accessory dwelling unit ordinances or other mechanisms that reduce barriers for property owners to create accessory dwelling units beyond the requirements outlined in Article 2 (commencing with Section 66314) of Chapter 13, as determined by the department.
(F)Reduction of permit processing time.
(G)Creation of objective development standards.
(H)Reduction of development impact fees.
(I)Establishment of a Workforce Housing Opportunity Zone, as defined in Section 65620, or a housing sustainability district, as defined in Section 66200.
(J)Preservation of affordable housing units through the extension of existing project-based rental assistance covenants to avoid the displacement of affected tenants and a reduction in available affordable housing units.
(K)Facilitation of the conversion or redevelopment of commercial properties into housing, including the adoption of adaptive reuse ordinances or other mechanisms that reduce barriers for these conversions.
(L)A safe parking program that provides safe parking locations and options for individuals and families living in their vehicles and that does all of the following:
(i)Provides a bathroom facility and onsite security.
(ii)Establishes an application or enrollment process for the program that may include a background check requirement.
(iii)Establishes rules and regulations for the program.
(M)A safe camping program that provides safe camping locations and options for individuals and families experiencing unsheltered homelessness.
(N)Adoption of ordinances, processes, or other mechanisms that expedite, or remove barriers to, the approval of any of the following:
(i)Low-barrier navigation centers beyond the requirements in Article 12 (commencing with Section 65660).
(ii)Emergency shelters beyond the requirements in Section 65583.
(iii)Supportive housing beyond the requirements in Article 11 (commencing with Section 65650).
(4)Small rural jurisdiction means either of the following:
(A)A city with a population of fewer than 25,000 persons.
(B)A county with a population of fewer than 200,000 persons.
SEC. 2.Section 1.5 of this bill incorporates amendments to Section 65589.9 of the Government Code proposed by both this bill and Assembly Bill 36. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2026, (2) each bill amends Section 65589.9 of the Government Code, and (3) this bill is enacted after Assembly Bill 36, in which case Section 1 of this bill shall not become operative.
(a)It is the intent of the Legislature to create incentives for jurisdictions that are compliant with housing element requirements and have enacted prohousing local policies. It is the intent of the Legislature that these incentives be in the form of additional points or other preference in the scoring of competitive housing and infrastructure programs. It is the intent of the Legislature that, in adopting regulations related to prohousing local policy criteria, the department shall create criteria that consider the needs of rural, suburban, and urban jurisdictions and how those criteria may differ in those areas.
(b)For award cycles commenced after July 1, 2021, jurisdictions that have adopted a housing element that has been found by the department to be in substantial compliance with the requirements of this article pursuant to Section 65585, and that have been designated prohousing pursuant to subdivision (c) based upon their adoption of prohousing local policies, shall be awarded additional points or preference in the scoring of program applications for the following programs:
(1)The Affordable Housing and Sustainable Communities Program established by Part 1 (commencing with Section 75200) of Division 44 of the Public Resources Code.
(2)The Transformative Climate Communities Program established by Part 4 (commencing with Section 75240) of Division 44 of the Public Resources Code.
(3)The qualifying infill area portion of the Infill Incentive Grant Program of 2007 established by Section 53545.13 of the Health and Safety Code.
(4)The qualifying infill area and catalytic qualifying infill area portions of the Infill Infrastructure Grant Program of 2019 established by Section 53559 of the Health and Safety Code.
(5)Additional bonus points may be awarded to other state programs when already allowable under state law.
(c)(1)The department shall designate jurisdictions as prohousing pursuant to the emergency regulations adopted pursuant to subdivision (d) and report these designations to the Office of Land Use and Climate Innovation, and any other applicable agency or department, annually and upon request.
(2)Any additional points or preferences awarded for a prohousing local policy described in subparagraphs (L) to (N), inclusive, of paragraph (3) of subdivision (f) shall not exceed the minimum value of points or preferences awarded for a prohousing local policy that directly relates to the planning, approval, or construction of housing.
(d)(1)By July 1, 2021, the department, in collaboration with stakeholders, shall adopt emergency regulations to implement this section.
(2)Notwithstanding Section 11346.1, the emergency regulations adopted pursuant to this subdivision shall remain in effect until the date that permanent regulations to implement this section become effective.
(e)On or before January 1, 2021, and annually thereafter, the department shall publish on its internet website the list of programs included under subdivision (b).
(f)For purposes of this section, the following definitions shall apply:
(1)Adaptive reuse shall have the same meaning as in Section 53559.1 of the Health and Safety Code.
(2)Compliant housing element means an adopted housing element that has been found to be in substantial compliance with the requirements of this article by the department pursuant to Section 65585.
(3)Prohousing local policies means policies that facilitate the planning, approval, or construction of housing, or policies that keep people housed. These policies may include, but are not limited to, the following:
(A)Local financial incentives for housing, including, but not limited to, establishing a local housing trust fund.
(B)Reduced parking requirements for sites that are zoned for residential development.
(C)Adoption of zoning allowing for use by right for residential and mixed-use development.
(D)Zoning more sites for residential development or zoning sites at higher densities than is required to accommodate the minimum existing regional housing need allocation for the current housing element cycle.
(E)Adoption of accessory dwelling unit ordinances or other mechanisms that reduce barriers for property owners to create accessory dwelling units beyond the requirements outlined in Article 2 (commencing with Section 66314) of Chapter 13, as determined by the department.
(F)Reduction of permit processing time.
(G)Creation of objective development standards.
(H)Reduction of development impact fees.
(I)Establishment of a Workforce Housing Opportunity Zone, as defined in Section 65620, or a housing sustainability district, as defined in Section 66200.
(J)Preservation of affordable housing units through the extension of existing project-based rental assistance covenants to avoid the displacement of affected tenants and a reduction in available affordable housing units.
(K)Facilitation of the conversion or redevelopment of commercial properties into housing, including the adoption of adaptive reuse ordinances or other mechanisms that reduce barriers for these conversions.
(L)A safe parking program that provides safe parking locations and options for individuals and families living in their vehicles and that does all of the following:
(i)Provides a bathroom facility and onsite security.
(ii)Establishes an application or enrollment process for the program that may include a background check requirement.
(iii)Establishes rules and regulations for the program.
(M)A safe camping program that provides safe camping locations and options for individuals and families experiencing unsheltered homelessness.
(N)Adoption of ordinances, processes, or other mechanisms that expedite, or remove barriers to, the approval of any of the following:
(i)Low-barrier navigation centers beyond the requirements in Article 12 (commencing with Section 65660).
(ii)Emergency shelters beyond the requirements in Section 65583.
(iii)Supportive housing beyond the requirements in Article 11 (commencing with Section 65650).
SEC. 1.5.Section 65589.9 of the Government Code is amended to read:65589.9.(a)It is the intent of the Legislature to create incentives for jurisdictions that are compliant with housing element requirements and have enacted prohousing local policies. It is the intent of the Legislature that these incentives be in the form of additional points or other preference in the scoring of competitive housing and infrastructure programs. It is the intent of the Legislature that, in adopting regulations related to prohousing local policy criteria, the department shall create criteria that consider the needs of rural, suburban, and urban jurisdictions and how those criteria may differ in those areas.
(b)For award cycles commenced after July 1, 2021, jurisdictions that have adopted a housing element that has been found by the department to be in substantial compliance with the requirements of this article pursuant to Section 65585, and that have been designated prohousing pursuant to subdivision (c) based upon their adoption of prohousing local policies, shall be awarded additional points or preference in the scoring of program applications for the following programs:
(1)The Affordable Housing and Sustainable Communities Program established by Part 1 (commencing with Section 75200) of Division 44 of the Public Resources Code.
(2)The Transformative Climate Communities Program established by Part 4 (commencing with Section 75240) of Division 44 of the Public Resources Code.
(3)The qualifying infill area portion of the Infill Incentive Grant Program of 2007 established by Section 53545.13 of the Health and Safety Code.
(4)The qualifying infill area and catalytic qualifying infill area portions of the Infill Infrastructure Grant Program of 2019 established by Section 53559 of the Health and Safety Code.
(5)Additional bonus points may be awarded to other state programs when already allowable under state law.
(c)(1)The department shall designate jurisdictions as prohousing pursuant to the permanent regulations adopted pursuant to subdivision (d) and report these designations to the Office of Land Use and Climate Innovation, and any other applicable agency or department, annually and upon request.
(2)(A)Beginning with the seventh housing element cycle, the department shall, upon request by a small rural jurisdiction, to the extent feasible, evaluate materials from the small rural jurisdictions housing element submission, pursuant to Section 65585, for evidence of prohousing local policies in order to minimize the need for jurisdictions to submit supplementary documentation.
(B)The department shall only conduct the evaluation described in subparagraph (A) for small rural jurisdictions that have a compliant housing element.
(3)(A)The department shall not require small rural jurisdictions to renew their prohousing designations for at least four years.
(B)This paragraph shall not be construed to limit the authority of the department to revoke a jurisdictions prohousing designation.
(4)Any additional points or preferences awarded for a prohousing local policy described in subparagraphs (L) to (N), inclusive, of paragraph (3) of subdivision (f) shall not exceed the minimum value of points or preferences awarded for a prohousing local policy that directly relates to the planning, approval, or construction of housing.
(d)(1)By July 1, 2021, the department, in collaboration with stakeholders, shall adopt emergency regulations to implement this section.
(2)Notwithstanding Section 11346.1, the emergency regulations adopted pursuant to this subdivision shall remain in effect until the date that permanent regulations to implement this section become effective.
(e)On or before January 1, 2021, and annually thereafter, the department shall publish on its internet website the list of programs included under subdivision (b).
(f)For purposes of this section, the following definitions shall apply:
(1)Adaptive reuse shall have the same meaning as in Section 53559.1 of the Health and Safety Code.
(2)Compliant housing element means an adopted housing element that has been found to be in substantial compliance with the requirements of this article by the department pursuant to Section 65585.
(3)Prohousing local policies means policies that facilitate the planning, approval, or construction of housing, or policies that keep people housed. These policies may include, but are not limited to, the following:
(A)Local financial incentives for housing, including, but not limited to, establishing a local housing trust fund.
(B)Reduced parking requirements for sites that are zoned for residential development.
(C)Adoption of zoning allowing for use by right for residential and mixed-use development.
(D)Zoning more sites for residential development or zoning sites at higher densities than is required to accommodate the minimum existing regional housing need allocation for the current housing element cycle.
(E)Adoption of accessory dwelling unit ordinances or other mechanisms that reduce barriers for property owners to create accessory dwelling units beyond the requirements outlined in Article 2 (commencing with Section 66314) of Chapter 13, as determined by the department.
(F)Reduction of permit processing time.
(G)Creation of objective development standards.
(H)Reduction of development impact fees.
(I)Establishment of a Workforce Housing Opportunity Zone, as defined in Section 65620, or a housing sustainability district, as defined in Section 66200.
(J)Preservation of affordable housing units through the extension of existing project-based rental assistance covenants to avoid the displacement of affected tenants and a reduction in available affordable housing units.
(K)Facilitation of the conversion or redevelopment of commercial properties into housing, including the adoption of adaptive reuse ordinances or other mechanisms that reduce barriers for these conversions.
(L)A safe parking program that provides safe parking locations and options for individuals and families living in their vehicles and that does all of the following:
(i)Provides a bathroom facility and onsite security.
(ii)Establishes an application or enrollment process for the program that may include a background check requirement.
(iii)Establishes rules and regulations for the program.
(M)A safe camping program that provides safe camping locations and options for individuals and families experiencing unsheltered homelessness.
(N)Adoption of ordinances, processes, or other mechanisms that expedite, or remove barriers to, the approval of any of the following:
(i)Low-barrier navigation centers beyond the requirements in Article 12 (commencing with Section 65660).
(ii)Emergency shelters beyond the requirements in Section 65583.
(iii)Supportive housing beyond the requirements in Article 11 (commencing with Section 65650).
(4)Small rural jurisdiction means either of the following:
(A)A city with a population of fewer than 25,000 persons.
(B)A county with a population of fewer than 200,000 persons.
SEC. 2.Section 1.5 of this bill incorporates amendments to Section 65589.9 of the Government Code proposed by both this bill and Assembly Bill 36. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2026, (2) each bill amends Section 65589.9 of the Government Code, and (3) this bill is enacted after Assembly Bill 36, in which case Section 1 of this bill shall not become operative.
(a)It is the intent of the Legislature to create incentives for jurisdictions that are compliant with housing element requirements and have enacted prohousing local policies. It is the intent of the Legislature that these incentives be in the form of additional points or other preference in the scoring of competitive housing and infrastructure programs. It is the intent of the Legislature that, in adopting regulations related to prohousing local policy criteria, the department shall create criteria that consider the needs of rural, suburban, and urban jurisdictions and how those criteria may differ in those areas.
(b)For award cycles commenced after July 1, 2021, jurisdictions that have adopted a housing element that has been found by the department to be in substantial compliance with the requirements of this article pursuant to Section 65585, and that have been designated prohousing pursuant to subdivision (c) based upon their adoption of prohousing local policies, shall be awarded additional points or preference in the scoring of program applications for the following programs:
(1)The Affordable Housing and Sustainable Communities Program established by Part 1 (commencing with Section 75200) of Division 44 of the Public Resources Code.
(2)The Transformative Climate Communities Program established by Part 4 (commencing with Section 75240) of Division 44 of the Public Resources Code.
(3)The qualifying infill area portion of the Infill Incentive Grant Program of 2007 established by Section 53545.13 of the Health and Safety Code.
(4)The qualifying infill area and catalytic qualifying infill area portions of the Infill Infrastructure Grant Program of 2019 established by Section 53559 of the Health and Safety Code.
(5)Additional bonus points may be awarded to other state programs when already allowable under state law.
(c)(1)The department shall designate jurisdictions as prohousing pursuant to the emergency regulations adopted pursuant to subdivision (d) and report these designations to the Office of Land Use and Climate Innovation, and any other applicable agency or department, annually and upon request.
(2)Any additional points or preferences awarded for a prohousing local policy described in subparagraphs (L) to (N), inclusive, of paragraph (3) of subdivision (f) shall not exceed the minimum value of points or preferences awarded for a prohousing local policy that directly relates to the planning, approval, or construction of housing.
(d)(1)By July 1, 2021, the department, in collaboration with stakeholders, shall adopt emergency regulations to implement this section.
(2)Notwithstanding Section 11346.1, the emergency regulations adopted pursuant to this subdivision shall remain in effect until the date that permanent regulations to implement this section become effective.
(e)On or before January 1, 2021, and annually thereafter, the department shall publish on its internet website the list of programs included under subdivision (b).
(f)For purposes of this section, the following definitions shall apply:
(1)Adaptive reuse shall have the same meaning as in Section 53559.1 of the Health and Safety Code.
(2)Compliant housing element means an adopted housing element that has been found to be in substantial compliance with the requirements of this article by the department pursuant to Section 65585.
(3)Prohousing local policies means policies that facilitate the planning, approval, or construction of housing, or policies that keep people housed. These policies may include, but are not limited to, the following:
(A)Local financial incentives for housing, including, but not limited to, establishing a local housing trust fund.
(B)Reduced parking requirements for sites that are zoned for residential development.
(C)Adoption of zoning allowing for use by right for residential and mixed-use development.
(D)Zoning more sites for residential development or zoning sites at higher densities than is required to accommodate the minimum existing regional housing need allocation for the current housing element cycle.
(E)Adoption of accessory dwelling unit ordinances or other mechanisms that reduce barriers for property owners to create accessory dwelling units beyond the requirements outlined in Article 2 (commencing with Section 66314) of Chapter 13, as determined by the department.
(F)Reduction of permit processing time.
(G)Creation of objective development standards.
(H)Reduction of development impact fees.
(I)Establishment of a Workforce Housing Opportunity Zone, as defined in Section 65620, or a housing sustainability district, as defined in Section 66200.
(J)Preservation of affordable housing units through the extension of existing project-based rental assistance covenants to avoid the displacement of affected tenants and a reduction in available affordable housing units.
(K)Facilitation of the conversion or redevelopment of commercial properties into housing, including the adoption of adaptive reuse ordinances or other mechanisms that reduce barriers for these conversions.
(L)A safe parking program that provides safe parking locations and options for individuals and families living in their vehicles and that does all of the following:
(i)Provides a bathroom facility and onsite security.
(ii)Establishes an application or enrollment process for the program that may include a background check requirement.
(iii)Establishes rules and regulations for the program.
(M)A safe camping program that provides safe camping locations and options for individuals and families experiencing unsheltered homelessness.
(N)Adoption of ordinances, processes, or other mechanisms that expedite, or remove barriers to, the approval of any of the following:
(i)Low-barrier navigation centers beyond the requirements in Article 12 (commencing with Section 65660).
(ii)Emergency shelters beyond the requirements in Section 65583.
(iii)Supportive housing beyond the requirements in Article 11 (commencing with Section 65650).
SEC. 1.5.Section 65589.9 of the Government Code is amended to read:65589.9.(a)It is the intent of the Legislature to create incentives for jurisdictions that are compliant with housing element requirements and have enacted prohousing local policies. It is the intent of the Legislature that these incentives be in the form of additional points or other preference in the scoring of competitive housing and infrastructure programs. It is the intent of the Legislature that, in adopting regulations related to prohousing local policy criteria, the department shall create criteria that consider the needs of rural, suburban, and urban jurisdictions and how those criteria may differ in those areas.
(b)For award cycles commenced after July 1, 2021, jurisdictions that have adopted a housing element that has been found by the department to be in substantial compliance with the requirements of this article pursuant to Section 65585, and that have been designated prohousing pursuant to subdivision (c) based upon their adoption of prohousing local policies, shall be awarded additional points or preference in the scoring of program applications for the following programs:
(1)The Affordable Housing and Sustainable Communities Program established by Part 1 (commencing with Section 75200) of Division 44 of the Public Resources Code.
(2)The Transformative Climate Communities Program established by Part 4 (commencing with Section 75240) of Division 44 of the Public Resources Code.
(3)The qualifying infill area portion of the Infill Incentive Grant Program of 2007 established by Section 53545.13 of the Health and Safety Code.
(4)The qualifying infill area and catalytic qualifying infill area portions of the Infill Infrastructure Grant Program of 2019 established by Section 53559 of the Health and Safety Code.
(5)Additional bonus points may be awarded to other state programs when already allowable under state law.
(c)(1)The department shall designate jurisdictions as prohousing pursuant to the emergency permanent regulations adopted pursuant to subdivision (d) and report these designations to the Office of Planning and Research, Land Use and Climate Innovation, and any other applicable agency or department, annually and upon request.
(2)(A)Beginning with the seventh housing element cycle, the department shall, upon request by a small rural jurisdiction, to the extent feasible, evaluate materials from the small rural jurisdictions housing element submission, pursuant to Section 65585, for evidence of prohousing local policies in order to minimize the need for jurisdictions to submit supplementary documentation.
(B)The department shall only conduct the evaluation described in subparagraph (A) for small rural jurisdictions that have a compliant housing element.
(3)(A)The department shall not require small rural jurisdictions to renew their prohousing designations for at least four years.
(B)This paragraph shall not be construed to limit the authority of the department to revoke a jurisdictions prohousing designation.
(4)Any additional points or preferences awarded for a prohousing local policy described in subparagraphs (L) to (N), inclusive, of paragraph (3) of subdivision (f) shall not exceed the minimum value of points or preferences awarded for a prohousing local policy that directly relates to the planning, approval, or construction of housing.
(d)(1)By July 1, 2021, the department, in collaboration with stakeholders, shall adopt emergency regulations to implement this section.
(2)Notwithstanding Section 11346.1, the emergency regulations adopted pursuant to this subdivision shall remain in effect until the date that permanent regulations to implement this section become effective.
(e)On or before January 1, 2021, and annually thereafter, the department shall publish on its internet website the list of programs included under subdivision (b).
(f)For purposes of this section, the following definitions shall apply:
(1)Adaptive reuse shall have the same meaning as in Section 53559.1 of the Health and Safety Code.
(2)Compliant housing element means an adopted housing element that has been found to be in substantial compliance with the requirements of this article by the department pursuant to Section 65585.
(3)Prohousing local policies means policies that facilitate the planning, approval, or construction of housing. housing, or policies that keep people housed. These policies may include, but are not limited to, the following:
(A)Local financial incentives for housing, including, but not limited to, establishing a local housing trust fund.
(B)Reduced parking requirements for sites that are zoned for residential development.
(C)Adoption of zoning allowing for use by right for residential and mixed-use development.
(D)Zoning more sites for residential development or zoning sites at higher densities than is required to accommodate the minimum existing regional housing need allocation for the current housing element cycle.
(E)Adoption of accessory dwelling unit ordinances or other mechanisms that reduce barriers for property owners to create accessory dwelling units beyond the requirements outlined in Article 2 (commencing with Section 66314) of Chapter 13, as determined by the department.
(F)Reduction of permit processing time.
(G)Creation of objective development standards.
(H)Reduction of development impact fees.
(I)Establishment of a Workforce Housing Opportunity Zone, as defined in Section 65620, or a housing sustainability district, as defined in Section 66200.
(J)Preservation of affordable housing units through the extension of existing project-based rental assistance covenants to avoid the displacement of affected tenants and a reduction in available affordable housing units.
(K)Facilitation of the conversion or redevelopment of commercial properties into housing, including the adoption of adaptive reuse ordinances or other mechanisms that reduce barriers for these conversions.
(L)A safe parking program that provides safe parking locations and options for individuals and families living in their vehicles and that does all of the following:
(i)Provides a bathroom facility and onsite security.
(ii)Establishes an application or enrollment process for the program that may include a background check requirement.
(iii)Establishes rules and regulations for the program.
(M)A safe camping program that provides safe camping locations and options for individuals and families experiencing unsheltered homelessness.
(N)Adoption of ordinances, processes, or other mechanisms that expedite, or remove barriers to, the approval of any of the following:
(i)Low-barrier navigation centers beyond the requirements in Article 12 (commencing with Section 65660).
(ii)Emergency shelters beyond the requirements in Section 65583.
(iii)Supportive housing beyond the requirements in Article 11 (commencing with Section 65650).
(4)Small rural jurisdiction means either of the following:
(A)A city with a population of fewer than 25,000 persons.
(B)A county with a population of fewer than 200,000 persons.
SEC. 2.Section 1.5 of this bill incorporates amendments to Section 65589.9 of the Government Code proposed by both this bill and Assembly Bill 36. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2026, (2) each bill amends Section 65589.9 of the Government Code, and (3) this bill is enacted after Assembly Bill 36, in which case Section 1 of this bill shall not become operative.
(a)It is the intent of the Legislature to create incentives for jurisdictions that are compliant with housing element requirements and have enacted prohousing local policies. It is the intent of the Legislature that these incentives be in the form of additional points or other preference in the scoring of competitive housing and infrastructure programs. It is the intent of the Legislature that, in adopting regulations related to prohousing local policy criteria, the department shall create criteria that consider the needs of rural, suburban, and urban jurisdictions and how those criteria may differ in those areas.
(b)(1)For award cycles commenced after July 1, 2021, jurisdictions that have adopted a housing element that has been found by the department to be in substantial compliance with the requirements of this article pursuant to Section 65585, and that have been designated prohousing pursuant to subdivision (c) based upon their adoption of prohousing local policies, shall be awarded additional points or preference in the scoring of program applications for the following programs:
(A)(1)The Affordable Housing and Sustainable Communities Program established by Part 1 (commencing with Section 75200) of Division 44 of the Public Resources Code.
(B)(2)The Transformative Climate Communities Program established by Part 4 (commencing with Section 75240) of Division 44 of the Public Resources Code.
(C)(3)The qualifying infill area portion of the Infill Incentive Grant Program of 2007 established by Section 53545.13 of the Health and Safety Code.
(D)(4)The qualifying infill area and catalytic qualifying infill area portions of the Infill Infrastructure Grant Program of 2019 established by Section 53559 of the Health and Safety Code.
(E)(5)Additional bonus points may be awarded to other state programs when already allowable under state law.
(2)Any additional points or preferences awarded for a prohousing local policy described in subparagraphs (L) to (N), inclusive, of paragraph (3) of subdivision (f) shall not exceed the minimum value of points or preferences awarded for a prohousing local policy that directly relates to the planning, approval, or construction of housing.(c)(1)The department shall designate jurisdictions as prohousing pursuant to the emergency regulations adopted pursuant to subdivision (d) and report these designations to the Office of Planning and Research, Land Use and Climate Innovation, and any other applicable agency or department, annually and upon request.
(2)Any additional points or preferences awarded for a prohousing local policy described in subparagraphs (L) to (N), inclusive, of paragraph (3) of subdivision (f) shall not exceed the minimum value of points or preferences awarded for a prohousing local policy that directly relates to the planning, approval, or construction of housing.
(d)(1)By July 1, 2021, the department, in collaboration with stakeholders, shall adopt emergency regulations to implement this section.
(2)Notwithstanding Section 11346.1, the emergency regulations adopted pursuant to this subdivision shall remain in effect until the date that permanent regulations to implement this section become effective.
(e)On or before January 1, 2021, and annually thereafter, the department shall publish on its internet website the list of programs included under subdivision (b).
(f)For purposes of this section, the following definitions shall apply:
(1)Adaptive reuse shall have the same meaning as in Section 53559.1 of the Health and Safety Code.
(2)Compliant housing element means an adopted housing element that has been found to be in substantial compliance with the requirements of this article by the department pursuant to Section 65585.
(3)Prohousing local policies means policies that facilitate the planning, approval, or construction of housing, or policies that keep people housed. These policies may include, but are not limited to, the following:
(A)Local financial incentives for housing, including, but not limited to, establishing a local housing trust fund.
(B)Reduced parking requirements for sites that are zoned for residential development.
(C)Adoption of zoning allowing for use by right for residential and mixed-use development.
(D)Zoning more sites for residential development or zoning sites at higher densities than is required to accommodate the minimum existing regional housing need allocation for the current housing element cycle.
(E)Adoption of accessory dwelling unit ordinances or other mechanisms that reduce barriers for property owners to create accessory dwelling units beyond the requirements outlined in Article 2 (commencing with Section 66314) of Chapter 13, as determined by the department.
(F)Reduction of permit processing time.
(G)Creation of objective development standards.
(H)Reduction of development impact fees.
(I)Establishment of a Workforce Housing Opportunity Zone, as defined in Section 65620, or a housing sustainability district, as defined in Section 66200.
(J)Preservation of affordable housing units through the extension of existing project-based rental assistance covenants to avoid the displacement of affected tenants and a reduction in available affordable housing units.
(K)Facilitation of the conversion or redevelopment of commercial properties into housing, including the adoption of adaptive reuse ordinances or other mechanisms that reduce barriers for these conversions.
(L)A safe parking program that provides safe parking locations and options for individuals and families living in their vehicles and that does all of the following:
(i)Provides a bathroom facility and onsite security.
(ii)Establishes an application or enrollment process for the program that may include a background check requirement.
(iii)Establishes rules and regulations for the program.
(M)A safe camping program that provides safe camping locations and options for individuals and families experiencing unsheltered homelessness.
(N)Adoption of ordinances, processes, or other mechanisms that expedite, or remove barriers to, the approval of any of the following:
(i)Low-barrier navigation centers beyond the requirements in Article 12 (commencing with Section 65660).
(ii)Emergency shelters beyond the requirements in Section 65583.
(iii)Supportive housing beyond the requirements in Article 11 (commencing with Section 65650).
(a)It is the intent of the Legislature to create incentives for jurisdictions that are compliant with housing element requirements and have enacted prohousing local policies. It is the intent of the Legislature that these incentives be in the form of additional points or other preference in the scoring of competitive housing and infrastructure programs. It is the intent of the Legislature that, in adopting regulations related to prohousing local policy criteria, the department shall create criteria that consider the needs of rural, suburban, and urban jurisdictions and how those criteria may differ in those areas.
(b)(1)For award cycles commenced after July 1, 2021, jurisdictions that have adopted a housing element that has been found by the department to be in substantial compliance with the requirements of this article pursuant to Section 65585, and that have been designated prohousing pursuant to subdivision (c) based upon their adoption of prohousing local policies, shall be awarded additional points or preference in the scoring of program applications for the following programs:
(A)The Affordable Housing and Sustainable Communities Program established by Part 1 (commencing with Section 75200) of Division 44 of the Public Resources Code.
(B)The Transformative Climate Communities Program established by Part 4 (commencing with Section 75240) of Division 44 of the Public Resources Code.
(C)The qualifying infill area portion of the Infill Incentive Grant Program of 2007 established by Section 53545.13 of the Health and Safety Code.
(D)The qualifying infill area and catalytic qualifying infill area portions of the Infill Infrastructure Grant Program of 2019 established by Section 53559 of the Health and Safety Code.
(E)Additional bonus points may be awarded to other state programs when already allowable under state law.
(2)Any additional points or preferences awarded for a prohousing local policy described in subparagraphs (L) to (N), inclusive, of paragraph (3) of subdivision (f) shall not exceed the minimum value of points or preferences awarded for a prohousing local policy that directly relates to the planning, approval, or construction of housing.
(c)The department shall designate jurisdictions as prohousing pursuant to the emergency regulations adopted pursuant to subdivision (d) and report these designations to the Office of Planning and Research, and any other applicable agency or department, annually and upon request.
(d)(1)By July 1, 2021, the department, in collaboration with stakeholders, shall adopt emergency regulations to implement this section.
(2)Notwithstanding Section 11346.1, the emergency regulations adopted pursuant to this subdivision shall remain in effect until the date that permanent regulations to implement this section become effective.
(e)On or before January 1, 2021, and annually thereafter, the department shall publish on its internet website the list of programs included under subdivision (b).
(f)For purposes of this section, the following definitions shall apply:
(1)Adaptive reuse shall have the same meaning as in Section 53559.1 of the Health and Safety Code.
(2)Compliant housing element means an adopted housing element that has been found to be in substantial compliance with the requirements of this article by the department pursuant to Section 65585.
(3)Prohousing local policies means policies that facilitate the planning, approval, or construction of housing, or policies that keep people housed. These policies may include, but are not limited to, the following:
(A)Local financial incentives for housing, including, but not limited to, establishing a local housing trust fund.
(B)Reduced parking requirements for sites that are zoned for residential development.
(C)Adoption of zoning allowing for use by right for residential and mixed-use development.
(D)Zoning more sites for residential development or zoning sites at higher densities than is required to accommodate the minimum existing regional housing need allocation for the current housing element cycle.
(E)Adoption of accessory dwelling unit ordinances or other mechanisms that reduce barriers for property owners to create accessory dwelling units beyond the requirements outlined in Article 2 (commencing with Section 66314) of Chapter 13, as determined by the department.
(F)Reduction of permit processing time.
(G)Creation of objective development standards.
(H)Reduction of development impact fees.
(I)Establishment of a Workforce Housing Opportunity Zone, as defined in Section 65620, or a housing sustainability district, as defined in Section 66200.
(J)Preservation of affordable housing units through the extension of existing project-based rental assistance covenants to avoid the displacement of affected tenants and a reduction in available affordable housing units.
(K)Facilitation of the conversion or redevelopment of commercial properties into housing, including the adoption of adaptive reuse ordinances or other mechanisms that reduce barriers for these conversions.
(L)A safe parking program that provides safe parking locations and options for individuals and families living in their vehicles and that does all of the following:
(i)Provides a bathroom facility and onsite security.
(ii)Establishes an application or enrollment process for the program that may include a background check requirement.
(iii)Establishes rules and regulations for the program.
(M)A safe camping program that provides safe camping locations and options for individuals and families experiencing unsheltered homelessness.
(N)Creation or operation of a low-barrier navigation center or other noncongregate shelter that meets minimum health and safety standards.(N)Adoption of ordinances, processes, or other mechanisms that expedite, or remove barriers to, the approval of any of the following:
(i)Low-barrier navigation centers beyond the requirements in Article 12 (commencing with Section 65660).
(ii)Emergency shelters beyond the requirements in Section 65583.
(iii)Supportive housing beyond the requirements in Article 11 (commencing with Section 65650).
(a)It is the intent of the Legislature to create incentives for jurisdictions that are compliant with housing element requirements and have enacted prohousing local policies. It is the intent of the Legislature that these incentives be in the form of additional points or other preference in the scoring of competitive housing and infrastructure programs. It is the intent of the Legislature that, in adopting regulations related to prohousing local policy criteria, the department shall create criteria that consider the needs of rural, suburban, and urban jurisdictions and how those criteria may differ in those areas.
(b)(1)For award cycles commenced after July 1, 2021, jurisdictions that have adopted a housing element that has been found by the department to be in substantial compliance with the requirements of this article pursuant to Section 65585, and that have been designated prohousing pursuant to subdivision (c) based upon their adoption of prohousing local policies, shall be awarded additional points or preference in the scoring of program applications for the following programs:
(1)(A)The Affordable Housing and Sustainable Communities Program established by Part 1 (commencing with Section 75200) of Division 44 of the Public Resources Code.
(2)(B)The Transformative Climate Communities Program established by Part 4 (commencing with Section 75240) of Division 44 of the Public Resources Code.
(3)(C)The qualifying infill area portion of the Infill Incentive Grant Program of 2007 established by Section 53545.13 of the Health and Safety Code.
(4)(D)The qualifying infill area and catalytic qualifying infill area portions of the Infill Infrastructure Grant Program of 2019 established by Section 53559 of the Health and Safety Code.
(5)(E)Additional bonus points may be awarded to other state programs when already allowable under state law.
(2)Any additional points or preferences awarded for a prohousing local policy described in subparagraphs (L) to (N), inclusive, of paragraph (3) of subdivision (f) shall not exceed the minimum value of points or preferences awarded for a prohousing local policy that directly relates to the planning, approval, or construction of housing.
(c)The department shall designate jurisdictions as prohousing pursuant to the emergency regulations adopted pursuant to subdivision (d) and report these designations to the Office of Planning and Research, and any other applicable agency or department, annually and upon request.
(d)(1)By July 1, 2021, the department, in collaboration with stakeholders, shall adopt emergency regulations to implement this section.
(2)Notwithstanding Section 11346.1, the emergency regulations adopted pursuant to this subdivision shall remain in effect until the date that permanent regulations to implement this section become effective.
(e)On or before January 1, 2021, and annually thereafter, the department shall publish on its internet website the list of programs included under subdivision (b).
(f)For purposes of this section, the following definitions shall apply:
(1)Adaptive reuse shall have the same meaning as in Section 53559.1 of the Health and Safety Code.
(2)Compliant housing element means an adopted housing element that has been found to be in substantial compliance with the requirements of this article by the department pursuant to Section 65585.
(3)Prohousing local policies means policies that facilitate the planning, approval, or construction of housing, or policies that keep people housed. These policies may include, but are not limited to, the following:
(A)Local financial incentives for housing, including, but not limited to, establishing a local housing trust fund.
(B)Reduced parking requirements for sites that are zoned for residential development.
(C)Adoption of zoning allowing for use by right for residential and mixed-use development.
(D)Zoning more sites for residential development or zoning sites at higher densities than is required to accommodate the minimum existing regional housing need allocation for the current housing element cycle.
(E)Adoption of accessory dwelling unit ordinances or other mechanisms that reduce barriers for property owners to create accessory dwelling units beyond the requirements outlined in Article 2 (commencing with Section 66314) of Chapter 13, as determined by the department.
(F)Reduction of permit processing time.
(G)Creation of objective development standards.
(H)Reduction of development impact fees.
(I)Establishment of a Workforce Housing Opportunity Zone, as defined in Section 65620, or a housing sustainability district, as defined in Section 66200.
(J)Preservation of affordable housing units through the extension of existing project-based rental assistance covenants to avoid the displacement of affected tenants and a reduction in available affordable housing units.
(K)Facilitation of the conversion or redevelopment of commercial properties into housing, including the adoption of adaptive reuse ordinances or other mechanisms that reduce barriers for these conversions.
(L)A residential rent stabilization ordinance.(M)(L)A safe parking program that provides safe parking locations and options for individuals and families living in their vehicles and that does all of the following:
(i)Provides a bathroom facility and onsite security.
(ii)Establishes an application or enrollment process for the program that may include a background check requirement.
(iii)Establishes rules and regulations for the program.
(N)(M)A safe camping program that provides safe camping locations and options for individuals and families experiencing unsheltered homelessness.
(O)Funding legal services for eviction defense and eviction prevention.(P)(N)Creation or operation of a low-barrier navigation center or other noncongregate shelter that meets minimum health and safety standards.
(Q)Tenant protections.(a)It is the intent of the Legislature to create incentives for jurisdictions that are compliant with housing element requirements and have enacted prohousing local policies. It is the intent of the Legislature that these incentives be in the form of additional points or other preference in the scoring of competitive housing and infrastructure programs. It is the intent of the Legislature that, in adopting regulations related to prohousing local policy criteria, the department shall create criteria that consider the needs of rural, suburban, and urban jurisdictions and how those criteria may differ in those areas.
(b)For award cycles commenced after July 1, 2021, jurisdictions that have adopted a housing element that has been found by the department to be in substantial compliance with the requirements of this article pursuant to Section 65585, and that have been designated prohousing pursuant to subdivision (c) based upon their adoption of prohousing local policies, shall be awarded additional points or preference in the scoring of program applications for the following programs:
(1)The Affordable Housing and Sustainable Communities Program established by Part 1 (commencing with Section 75200) of Division 44 of the Public Resources Code.
(2)The Transformative Climate Communities Program established by Part 4 (commencing with Section 75240) of Division 44 of the Public Resources Code.
(3)The qualifying infill area portion of the Infill Incentive Grant Program of 2007 established by Section 53545.13 of the Health and Safety Code.
(4)The qualifying infill area and catalytic qualifying infill area portions of the Infill Infrastructure Grant Program of 2019 established by Section 53559 of the Health and Safety Code.
(5)Additional bonus points may be awarded to other state programs when already allowable under state law.
(c)The department shall designate jurisdictions as prohousing pursuant to the emergency regulations adopted pursuant to subdivision (d) and report these designations to the Office of Planning and Research, and any other applicable agency or department, annually and upon request.
(d)(1)By July 1, 2021, the department, in collaboration with stakeholders, shall adopt emergency regulations to implement this section.
(2)Notwithstanding Section 11346.1, the emergency regulations adopted pursuant to this subdivision shall remain in effect until the date that permanent regulations to implement this section become effective.
(e)On or before January 1, 2021, and annually thereafter, the department shall publish on its internet website the list of programs included under subdivision (b).
(f)For purposes of this section, the following definitions shall apply:
(1)Adaptive reuse shall have the same meaning as in Section 53559.1 of the Health and Safety Code.
(2)Compliant housing element means an adopted housing element that has been found to be in substantial compliance with the requirements of this article by the department pursuant to Section 65585.
(3)Prohousing local policies means policies that facilitate the planning, approval, or construction of housing. housing, or policies that keep people housed. These policies may include, but are not limited to, the following:
(A)Local financial incentives for housing, including, but not limited to, establishing a local housing trust fund.
(B)Reduced parking requirements for sites that are zoned for residential development.
(C)Adoption of zoning allowing for use by right for residential and mixed-use development.
(D)Zoning more sites for residential development or zoning sites at higher densities than is required to accommodate the minimum existing regional housing need allocation for the current housing element cycle.
(E)Adoption of accessory dwelling unit ordinances or other mechanisms that reduce barriers for property owners to create accessory dwelling units beyond the requirements outlined in Article 2 (commencing with Section 66314) of Chapter 13, as determined by the department.
(F)Reduction of permit processing time.
(G)Creation of objective development standards.
(H)Reduction of development impact fees.
(I)Establishment of a Workforce Housing Opportunity Zone, as defined in Section 65620, or a housing sustainability district, as defined in Section 66200.
(J)Preservation of affordable housing units through the extension of existing project-based rental assistance covenants to avoid the displacement of affected tenants and a reduction in available affordable housing units.
(K)Facilitation of the conversion or redevelopment of commercial properties into housing, including the adoption of adaptive reuse ordinances or other mechanisms that reduce barriers for these conversions.
(L)A residential rent stabilization ordinance.
(M)A safe parking program that provides safe parking locations and options for individuals and families living in their vehicles and that does all of the following:
(i)Provides a bathroom facility and onsite security.
(ii)Establishes an application or enrollment process for the program that may include a backround background check requirement.
(iii)Establishes rules and regulations for the program.
(N)A safe camping program that provides safe camping locations and options for individuals and families experiencing unsheltered homelessness.
(O)Funding legal services for eviction defense and eviction prevention.
(P)Creation or operation of a low-barrier navigation center or other noncongregate shelter that meets minimum health and safety standards.
(Q)Tenant protections.
(a)It is the intent of the Legislature to create incentives for jurisdictions that are compliant with housing element requirements and have enacted prohousing local policies. It is the intent of the Legislature that these incentives be in the form of additional points or other preference in the scoring of competitive housing and infrastructure programs. It is the intent of the Legislature that, in adopting regulations related to prohousing local policy criteria, the department shall create criteria that consider the needs of rural, suburban, and urban jurisdictions and how those criteria may differ in those areas.
(b)For award cycles commenced after July 1, 2021, jurisdictions that have adopted a housing element that has been found by the department to be in substantial compliance with the requirements of this article pursuant to Section 65585, and that have been designated prohousing pursuant to subdivision (c) based upon their adoption of prohousing local policies, shall be awarded additional points or preference in the scoring of program applications for the following programs:
(1)The Affordable Housing and Sustainable Communities Program established by Part 1 (commencing with Section 75200) of Division 44 of the Public Resources Code.
(2)The Transformative Climate Communities Program established by Part 4 (commencing with Section 75240) of Division 44 of the Public Resources Code.
(3)The qualifying infill area portion of the Infill Incentive Grant Program of 2007 established by Section 53545.13 of the Health and Safety Code.
(4)The qualifying infill area and catalytic qualifying infill area portions of the Infill Infrastructure Grant Program of 2019 established by Section 53559 of the Health and Safety Code.
(5)Additional bonus points may be awarded to other state programs when already allowable under state law.
(c)The department shall designate jurisdictions as prohousing pursuant to the emergency regulations adopted pursuant to subdivision (d) and report these designations to the Office of Planning and Research, and any other applicable agency or department, annually and upon request.
(d)(1)By July 1, 2021, the department, in collaboration with stakeholders, shall adopt emergency regulations to implement this section.
(2)Notwithstanding Section 11346.1, the emergency regulations adopted pursuant to this subdivision shall remain in effect until the date that permanent regulations to implement this section become effective.
(e)On or before January 1, 2021, and annually thereafter, the department shall publish on its internet website the list of programs included under subdivision (b).
(f)For purposes of this section, the following definitions shall apply:
(1)Adaptive reuse shall have the same meaning as in Section 53559.1 of the Health and Safety Code.
(2)Compliant housing element means an adopted housing element that has been found to be in substantial compliance with the requirements of this article by the department pursuant to Section 65585.
(3)Prohousing local policies means policies that facilitate the planning, approval, or construction of housing. These policies may include, but are not limited to, the following:
(A)Local financial incentives for housing, including, but not limited to, establishing a local housing trust fund.
(B)Reduced parking requirements for sites that are zoned for residential development.
(C)Adoption of zoning allowing for use by right for residential and mixed-use development.
(D)Zoning more sites for residential development or zoning sites at higher densities than is required to accommodate the minimum existing regional housing need allocation for the current housing element cycle.
(E)Adoption of accessory dwelling unit ordinances or other mechanisms that reduce barriers for property owners to create accessory dwelling units beyond the requirements outlined in Article 2 (commencing with Section 66314) of Chapter 13, as determined by the department.
(F)Reduction of permit processing time.
(G)Creation of objective development standards.
(H)Reduction of development impact fees.
(I)Establishment of a Workforce Housing Opportunity Zone, as defined in Section 65620, or a housing sustainability district, as defined in Section 66200.
(J)Preservation of affordable housing units through the extension of existing project-based rental assistance covenants to avoid the displacement of affected tenants and a reduction in available affordable housing units.
(K)Facilitation of the conversion or redevelopment of commercial properties into housing, including the adoption of adaptive reuse ordinances or other mechanisms that reduce barriers for these conversions.
(L)A residential rent stabilization ordinance.
(M)A safe parking program that provides safe parking locations and options for individuals and families living in their vehicles and that does all of the following:
(i)Provides a bathroom facility and onsite security.
(ii)Establishes an application or enrollment process for the program that may include a backround check requirement.
(iii)Establishes rules and regulations for the program.
(N)A safe camping program that provides safe camping locations and options for individuals and families experiencing unsheltered homelessness.
(O)Funding legal services for eviction defense and eviction prevention.
|
Date
|
Status
|
|---|---|
| Oct 10, 2025 | Chaptered by Secretary of State. Chapter 513, Statutes of 2025. |
| Oct 10, 2025 | Approved by the Governor. |
| Sep 16, 2025 | Enrolled and presented to the Governor at 3 p.m. |
| Sep 9, 2025 | Assembly amendments concurred in. (Ayes 27. Noes 11. Page 2711.) Ordered to engrossing and enrolling. |
| Sep 8, 2025 | In Senate. Concurrence in Assembly amendments pending. |
| Sep 8, 2025 | Read third time. Passed. (Ayes 57. Noes 15. Page 2984.) Ordered to the Senate. |
| Sep 3, 2025 | Read third time and amended. |
| Sep 3, 2025 | Ordered to third reading. |
| Aug 28, 2025 | Read third time and amended. |
| Aug 28, 2025 | Ordered to third reading. |
| Aug 21, 2025 | Read second time. Ordered to third reading. |
| Aug 20, 2025 | From committee: Do pass. (Ayes 11. Noes 4.) (August 20). |
| Jul 17, 2025 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 8. Noes 2.) (July 16). Re-referred to Com. on APPR. |
| Jul 7, 2025 | Read second time and amended. Re-referred to Com. on L. GOV. |
| Jul 3, 2025 | From committee: Do pass as amended and re-refer to Com. on L. GOV. (Ayes 10. Noes 2.) (July 2). |
| Jun 9, 2025 | Referred to Coms. on H. & C.D. and L. GOV. |
| Jun 4, 2025 | In Assembly. Read first time. Held at Desk. |
| Jun 3, 2025 | Read third time. Passed. (Ayes 24. Noes 13. Page 1467.) Ordered to the Assembly. |
| Jun 2, 2025 | Read second time. Ordered to third reading. |
| May 29, 2025 | Read third time and amended. |
| May 29, 2025 | Ordered to second reading. |
| Apr 8, 2025 | Read second time. Ordered to third reading. |
| Apr 7, 2025 | From committee: Be ordered to second reading pursuant to Senate Rule 28.8. |
| Mar 28, 2025 | Set for hearing April 7. |
| Mar 19, 2025 | Read second time and amended. Re-referred to Com. on APPR. |
| Mar 18, 2025 | From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 2. Page 411.) (March 18). |
| Mar 6, 2025 | Set for hearing March 18. |
| Feb 14, 2025 | Referred to Com. on HOUSING. |
| Feb 4, 2025 | From printer. May be acted upon on or after March 6. |
| Feb 3, 2025 | Introduced. Read first time. To Com. on RLS. for assignment. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Sep 9, 2025 | Unfinished Business SB262 Wahab et al. Concurrence | Senate Floor |
Passed |
|
| Sep 8, 2025 | SB 262 Wahab Senate Third Reading By Ahrens | Assembly Floor |
Passed |
|
| Aug 20, 2025 | Do pass. | Assembly Standing Committee on Appropriations |
Passed |
|
| Jul 16, 2025 | Do pass and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Local Government |
Passed |
|
| Jul 2, 2025 | Do pass as amended and be re-referred to the Committee on [Local Government] | Assembly Standing Committee on Housing and Community Development |
Passed |
|
| Jun 3, 2025 | Senate 3rd Reading SB262 Wahab | Senate Floor |
Passed |
|
| Mar 18, 2025 | Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations] | Senate Standing Committee on Housing |
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
|
|---|---|---|
| Aids Healthcare Foundation | ** Support | |
| Alameda County Office Of Education | ** Support | |
| Building Owners and Managers Association of California | ** Against | |
| California Apartment Association | ** Against | |
| California Association Of Realtors | ** Against | |
| California Building Industry Association | ** Against | |
| California Business Properties Association | ** Against | |
| California Chamber Of Commerce | ** Against | |
| California Mortgage Bankers Association | ** Against | |
| California State Association Of Counties | ** Support | |
| City of Foster City | ** Support | |
| City of San Jose | ** Support | |
| East Bay Housing Organizations | ** Support | |
| Housing California | ** Support | |
| Institute of Real Estate Management | ** Against | |
| NAIOP of California, Commercial Real Estate Development Association | ** Against | |
| NASW California | ** Support | |
| National Association of Social Workers California | ** Support | |
| New Livable California Dba Livable California | ** Support | |
| Public Advocates | ** Support | |
| western center on law & poverty | ** Support | |
| Western Manufactured Housing Communities Association | ** Against |
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB 262 |
UNFINISHED BUSINESS
Bill No: SB 262
Author: Wahab (D), et al.
Amended: 9/3/25
Vote: 21
SENATE HOUSING COMMITTEE: 7-2, 3/18/25
AYES: Wahab, Arreguín, Cabaldon, Cortese, Durazo, Gonzalez, Padilla
NOES: Seyarto, Ochoa Bogh
NO VOTE RECORDED: Caballero, Grayson
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
SENATE FLOOR: 24-13, 6/3/25
AYES: Allen, Archuleta, Arreguín, Ashby, Becker, Cervantes, Cortese, Durazo, Gonzalez, Grayson, Hurtado, Laird, Limón, McGuire, McNerney, Menjivar, Padilla, Pérez, Richardson, Rubio, Smallwood-Cuevas, Umberg, Wahab, Weber Pierson
NOES: Alvarado-Gil, Cabaldon, Caballero, Choi, Dahle, Grove, Jones, Niello, Ochoa Bogh, Seyarto, Strickland, Valladares, Wiener
NO VOTE RECORDED: Blakespear, Reyes, Stern
ASSEMBLY FLOOR: 57-15, 9/8/25 - See last page for vote
SUBJECT: Housing element: prohousing designations: prohousing local policies
SOURCE: Author
DIGEST:
This bill adds additional local policies related to tenant protection, housing stability, and homelessness as pro-housing policies that the Department of Housing and Community Development (HCD) can consider in developing a pro-housing designation.
Assembly Amendments
of 9/3/25 clarify that HCD may consider homeless housing policies for pro-housing designation provided those policies extend beyond existing law.
ANALYSIS:
Existing law:
- Requires HCD to establish a pro-housing designation for local jurisdictions.
- Defines “pro-housing local policies” to mean policies that facilitate the planning, approval, or construction of housing. These policies may include, but are not limited to, the following:
- Establishment of local financial incentives for housing, including, but not limited to, establishing a local housing trust fund.
- Adoption of zoning allowing for use by right for residential and mixed-use development.
- Adoption of zoning that allows for more residential development than is required to accommodate the minimum existing regional housing need allocation for the current housing element cycle.
- Reduction of permit processing time.
- Creation of objective development standards.
- Reduction of development impact fees.
- Preservation of affordable units through the extension of existing project-based rental assistance covenants to avoid the displacement of affected tenants and a reduction in available housing units.
- Facilitation of the conversion or redevelopment of commercial properties into housing.
- Establishment of local financial incentives for housing, including, but not limited to, establishing a local housing trust fund.
- Requires HCD to adopt emergency regulations to implement this section.
- Requires that jurisdictions that have been designated pro-housing by HCD, and that have an adopted housing element that has been found by HCD to be in substantial compliance, must be awarded additional points or preference in the scoring for the following program applications:
- The additional points must be awarded for the following programs:
- The Affordable Housing and Sustainable Communities Program;
- The Transformative Climate Communities Program; and
- Specified portions of the Infill Incentive Grant Program of 2007 and the Infill Infrastructure Grant program of 2019.
- Allows additional points and preferences to be awarded to other state programs when already allowable under state law.
This bill:
- Expands the definition of “prohousing local policies” to also include policies that keep people housed.
- Adds to the list of policies that HCD may consider to be a pro-housing policy, the following:
- A safe parking program that provides safe parking locations and options for individuals and families living in their vehicles and that does all of the following:
- Provides a bathroom facility and onsite security.
- Establishes an application or enrollment process for the program that may include a background check requirement.
- Establishes rules and regulations for the program.
- A safe camping program that provides safe camping locations and options for individuals and families experiencing unsheltered homelessness; and
- Creation or operation of a low-barrier navigation center or other non-congregate shelter that meets minimum health and safety standards.
3) Provides that provide that the policies added by this bill shall not exceed the minimum value of points awarded for a prohousing local policy that relates to the planning, approval, or construction of housing.
Background
Pro-housing Local Policies. In 2019, the Legislature enacted legislation (AB 101, Committee on Budget, Chapter 159, Statutes of 2019), which required HCD to designate cities and counties as pro-housing if their local policies facilitate the planning, approval, or construction of housing. “Pro-housing” jurisdictions will receive a competitive advantage in applying for certain state programs, including but not limited to the Affordable Housing and Sustainable Communities Program, Transformative Climate Communities Program, and the Infill Incentive Grant Program.
Additionally, local governments with Prohousing Designation are eligible to apply for funds from the Prohousing Incentive Program, which is designed to reward local governments with Prohousing Designation with additional planning or implementation funding to accelerate affordable housing production and preservation. Eligible uses include: construction and rehabilitation of affordable housing, homeownership, matching funds for housing trust funds, services for permanent supportive housing units, and housing for people experience homelessness.
Although AB 101 provided examples of pro-housing local policies, HCD has discretion over the final policies. HCD initially adopted emergency regulations on June 25, 2021, and later adopted permanent regulations, which were approved on January 2, 2024. HCD began accepting applications under these regulations on March 2, 2024.
Comments
Incentivizing housing stability programs. The lack of affordable housing and housing instability for the lowest-income earners in California are the primary drivers for the housing crisis and the significant increases in homelessness in recent years. The nearly 17 million Californians who live in renter households are especially likely to face unaffordable housing costs and therefore are at increased risk of housing instability and homelessness. The original prohousing policies focused on actions local agencies could take to increase the supply of housing, and omitted policies and investments that seek to keep vulnerable populations in their homes, as well as programs that allow for temporary sleeping locations for those who are experiencing homelessness.
In 2021, the Legislature passed and the Governor signed AB 1029 (Mullin, Chapter 353, Statutes of 2021), which added the preservation of affordable housing units to “avoid the displacement of affected tenants.” As such, the prohousing policies are no longer limited to limited to processes and actions designed to increase housing supply; they already also contemplate policies that keep people in their homes, which in turn prevent vulnerable populations from experiencing homelessness.
This bill updates the definition of prohousing to also include policies that keep people housed, and adds several new options for HCD to consider when designating a local government as “prohousing.” These new policies, however, shall not exceed the minimum value of points awarded for a prohousing local policy that relates to the planning, approval, or construction of housing.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No
According to the Assembly Committee on Appropriations:
- HCD estimates minor and absorbable costs to adopt updated regulations.
SUPPORT: (Verified 9/8/25)
Aids Healthcare Foundation
Alameda County Office of Education
California State Association of Counties
City of Foster City
City of San Jose
East Bay Housing Organizations
Housing California
Nasw California
OPPOSITION: (Verified 9/8/25)
None received
ASSEMBLY FLOOR: 57-15, 9/8/25
AYES: Addis, Aguiar-Curry, Ahrens, Alanis, Alvarez, Ávila Farías, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Caloza, Carrillo, Connolly, Elhawary, Fong, Garcia, Gipson, Mark González, Haney, Harabedian, Hart, Irwin, Jackson, Kalra, Krell, Lee, Lowenthal, McKinnor, Muratsuchi, Ortega, Pacheco, Papan, Patel, Patterson, Pellerin, Petrie-Norris, Ramos, Ransom, Celeste Rodriguez, Michelle Rodriguez, Rogers, Blanca Rubio, Schiavo, Schultz, Sharp-Collins, Solache, Stefani, Valencia, Wallis, Ward, Wicks, Wilson, Zbur, Rivas
NOES: Castillo, Davies, DeMaio, Dixon, Ellis, Gallagher, Jeff Gonzalez, Hadwick, Hoover, Johnson, Lackey, Macedo, Sanchez, Ta, Tangipa
NO VOTE RECORDED: Arambula, Bains, Chen, Flora, Gabriel, Nguyen, Quirk-Silva, Soria
Prepared by: Alison Hughes / HOUSING / (916) 651-4124
9/8/25 19:36:05
SENATE THIRD READING
STR Bill Id:SB 262
Author:(Wahab)
As Amended Ver:September 3, 2025
Majority vote
SUMMARY
Makes changes to the prohousing designation program (PDP).
Major Provisions
- Amends the definition of "prohousing local policies" in the PDP to also include policies that keep people housed.
- Adds the following to the list of "prohousing local policies" that the Department of Housing and Community Development (HCD) may consider when designating a jurisdiction as prohousing under the PDP:
- A safe parking program that provides parking locations and options for individuals and families living in their vehicles that does all of the following:
- Provides a bathroom facility and onsite security;
- Establishes an application or enrollment process for the program that may include a background check requirement; and
- Establishes rules and regulations for the program;
- A safe camping program that provides safe camping locations and options for individuals and families experiencing unsheltered homelessness; and
- Adoption of ordinances, processes, or other mechanisms that expedite, or remove barriers to, the approval of any of the following:
- Low-barrier navigation centers beyond the requirements of specified law;
- Emergency shelters beyond the requirements of specified law; or
- Supportive housing beyond the requirements of specified law.
- A safe parking program that provides parking locations and options for individuals and families living in their vehicles that does all of the following:
- Provides that any additional points or preferences awarded for a prohousing local policy under 2) above must not exceed the minimum value of points or preferences awarded for a prohousing local policy that directly relates to the planning, approval, or construction of housing.
COMMENTS
Prohousing Designation for Locals: In 2019, the Legislature enacted AB 101 (Committee on Budget), Chapter 26, Statutes of 2019, that required HCD to designate cities and counties as prohousing if their local policies facilitate the planning, approval, or construction of housing. Prohousing jurisdictions receive a competitive advantage in applying for certain state programs, including to the Affordable Housing and Sustainable Communities Program, Transformative Climate Communities Program, and portions of the Infill Incentive Grant Program.
Although AB 101 provided examples of prohousing local polices, HCD had discretion over the final designation criteria, which they adopted via emergency regulations in July 2021 and subsequently converted to permanent regulations in April 2022 (California Code of Regulations, Title 25, Sections 6600-6608). This bill updates the definition of prohousing to also include policies that keep people housed, and adds several new options for HCD to consider when designating a local government as "prohousing," including the establishment of safe parking and safe camping programs as well as operation of LBNCs and other noncongregate shelters. These new policies, however, shall not exceed the minimum value of points awarded for a prohousing local policy that relates to the planning, approval, or construction of housing.
As the list of prohousing local policies in statute is permissive and HCD has already adopted permanent regulations establishing the PDP criteria, the expansion of criteria in this bill may not result in changes to HCD's specific regulations.
According to the Author
"In order to properly address the housing crisis, we must not only address development but also stabilize residents in the housing they currently live-in. While the current Enhancement Factors includes points for policies that reduce displacement, specifying these three programs will augment the applications of jurisdictions already making efforts to reduce displacement and encourage other jurisdictions to examine these programs. In 2023, SafeParking LA achieved a 34% placement rate for participants who exited the program. Prohousing should not solely be about building more units, but should also include stabilizing residents in their communities."
Arguments in Support
According to the City of Foster City, "The City of Foster City is actively engaged in maintaining compliance with housing element requirements and continuously seeks opportunities to work towards prohousing policies. SB 262 provides a meaningful framework for acknowledging the multi-faceted approach necessary to solve homelessness and preserve affordable housing in high-cost communities like ours."
Arguments in Opposition
None on file for the current version of the bill.
FISCAL COMMENTS
According to the Assembly Committee on Appropriations:
HCD estimates minor and absorbable costs to adopt updated regulations.
VOTES
SENATE FLOOR: 24-13-3
YES: Allen, Archuleta, Arreguín, Ashby, Becker, Cervantes, Cortese, Durazo, Gonzalez, Grayson, Hurtado, Laird, Limón, McGuire, McNerney, Menjivar, Padilla, Pérez, Richardson, Rubio, Smallwood-Cuevas, Umberg, Wahab, Weber Pierson
NO: Alvarado-Gil, Cabaldon, Caballero, Choi, Dahle, Grove, Jones, Niello, Ochoa Bogh, Seyarto, Strickland, Valladares, Wiener
ABS, ABST OR NV: Blakespear, Reyes, Stern
ASM HOUSING AND COMMUNITY DEVELOPMENT: 10-2-0
YES: Haney, Patterson, Ávila Farías, Ward, Garcia, Kalra, Lee, Quirk-Silva, Wicks, Wilson
NO: Ta, Tangipa
ASM LOCAL GOVERNMENT: 8-2-0
YES: Carrillo, Pacheco, Ramos, Ransom, Blanca Rubio, Stefani, Ward, Wilson
NO: Ta, Hoover
ASM APPROPRIATIONS: 11-4-0
YES: Wicks, Arambula, Calderon, Caloza, Elhawary, Fong, Mark González, Hart, Pacheco, Pellerin, Solache
NO: Dixon, Jeff Gonzalez, Ta, Tangipa
UPDATED
VERSION: September 3, 2025
CONSULTANT: Nicole Restmeyer / H. & C.D. / (916) 319-2085 FN: 0001583
SENATE THIRD READING
STR Bill Id:SB 262
Author:(Wahab)
As Amended Ver:August 28, 2025
Majority vote
SUMMARY
Makes changes to the prohousing designation program (PDP).
Major Provisions
- Amends the definition of "prohousing local policies" in the PDP to also include policies that keep people housed.
- Adds the following to the list of "prohousing local policies" that the Department of Housing and Community Development (HCD) may consider when designating a jurisdiction as prohousing under the PDP:
- A safe parking program that provides parking locations and options for individuals and families living in their vehicles that does all of the following:
- Provides a bathroom facility and onsite security;
- Establishes an application or enrollment process for the program that may include a background check requirement; and
- Establishes rules and regulations for the program;
- A safe camping program that provides safe camping locations and options for individuals and families experiencing unsheltered homelessness; and
- Adoption of ordinances, processes, or other mechanisms that expedite, or remove barriers to, the approval of any of the following:
- Low-barrier navigation centers beyond the requirements of specified law;
- Emergency shelters beyond the requirements of specified law; or
- Supportive housing beyond the requirements of specified law.
- A safe parking program that provides parking locations and options for individuals and families living in their vehicles that does all of the following:
- Provides that any additional points or preferences awarded for a prohousing local policy under 2) above must not exceed the minimum value of points or preferences awarded for a prohousing local policy that directly relates to the planning, approval, or construction of housing.
COMMENTS
Prohousing Designation for Locals: In 2019, the Legislature enacted AB 101 (Committee on Budget), Chapter 26, Statutes of 2019, that required HCD to designate cities and counties as prohousing if their local policies facilitate the planning, approval, or construction of housing. Prohousing jurisdictions receive a competitive advantage in applying for certain state programs, including to the Affordable Housing and Sustainable Communities Program, Transformative Climate Communities Program, and portions of the Infill Incentive Grant Program.
Although AB 101 provided examples of prohousing local polices, HCD had discretion over the final designation criteria, which they adopted via emergency regulations in July 2021 and subsequently converted to permanent regulations in April 2022 (California Code of Regulations, Title 25, Sections 6600-6608). This bill updates the definition of prohousing to also include policies that keep people housed, and adds several new options for HCD to consider when designating a local government as "prohousing," including the establishment of safe parking and safe camping programs as well as operation of LBNCs and other noncongregate shelters. These new policies, however, shall not exceed the minimum value of points awarded for a prohousing local policy that relates to the planning, approval, or construction of housing.
As the list of prohousing local policies in statute is permissive and HCD has already adopted permanent regulations establishing the PDP criteria, the expansion of criteria in this bill may not result in changes to HCD's specific regulations.
According to the Author
"In order to properly address the housing crisis, we must not only address development but also stabilize residents in the housing they currently live-in. While the current Enhancement Factors includes points for policies that reduce displacement, specifying these three programs will augment the applications of jurisdictions already making efforts to reduce displacement and encourage other jurisdictions to examine these programs. In 2023, SafeParking LA achieved a 34% placement rate for participants who exited the program. Prohousing should not solely be about building more units, but should also include stabilizing residents in their communities."
Arguments in Support
According to the City of Foster City, "The City of Foster City is actively engaged in maintaining compliance with housing element requirements and continuously seeks opportunities to work towards prohousing policies. SB 262 provides a meaningful framework for acknowledging the multi-faceted approach necessary to solve homelessness and preserve affordable housing in high-cost communities like ours."
Arguments in Opposition
None on file for the current version of the bill.
FISCAL COMMENTS
According to the Assembly Committee on Appropriations:
HCD estimates minor and absorbable costs to adopt updated regulations.
VOTES
SENATE FLOOR: 24-13-3
YES: Allen, Archuleta, Arreguín, Ashby, Becker, Cervantes, Cortese, Durazo, Gonzalez, Grayson, Hurtado, Laird, Limón, McGuire, McNerney, Menjivar, Padilla, Pérez, Richardson, Rubio, Smallwood-Cuevas, Umberg, Wahab, Weber Pierson
NO: Alvarado-Gil, Cabaldon, Caballero, Choi, Dahle, Grove, Jones, Niello, Ochoa Bogh, Seyarto, Strickland, Valladares, Wiener
ABS, ABST OR NV: Blakespear, Reyes, Stern
ASM HOUSING AND COMMUNITY DEVELOPMENT: 10-2-0
YES: Haney, Patterson, Ávila Farías, Ward, Garcia, Kalra, Lee, Quirk-Silva, Wicks, Wilson
NO: Ta, Tangipa
ASM LOCAL GOVERNMENT: 8-2-0
YES: Carrillo, Pacheco, Ramos, Ransom, Blanca Rubio, Stefani, Ward, Wilson
NO: Ta, Hoover
ASM APPROPRIATIONS: 11-4-0
YES: Wicks, Arambula, Calderon, Caloza, Elhawary, Fong, Mark González, Hart, Pacheco, Pellerin, Solache
NO: Dixon, Jeff Gonzalez, Ta, Tangipa
UPDATED
VERSION: August 28, 2025
CONSULTANT: Nicole Restmeyer / H. & C.D. / (916) 319-2085 FN: 0001287
SENATE THIRD READING
STR Bill Id:SB 262
Author:(Wahab)
As Amended Ver:July 7, 2025
Majority vote
SUMMARY
Makes changes to the prohousing designation program (PDP).
Major Provisions
- Amends the definition of ″prohousing local policies″ in the PDP to also include policies that keep people housed.
- Adds the following to the list of ″prohousing local policies″ that the Department of Housing and Community Development (HCD) may consider when designating a jurisdiction as prohousing under the PDP:
- A safe parking program that provides parking locations and options for individuals and families living in their vehicles that does all of the following:
- Provides a bathroom facility and onsite security;
- Establishes an application or enrollment process for the program that may include a background check requirement; and
- Establishes rules and regulations for the program;
- A safe camping program that provides safe camping locations and options for individuals and families experiencing unsheltered homelessness; and
- Adoption of ordinances, processes, or other mechanisms that expedite, or remove barriers to, the approval of any of the following:
- Low-barrier navigation centers beyond the requirements of specified law;
- Emergency shelters beyond the requirements of specified law; or
- Supportive housing beyond the requirements of specified law.
- A safe parking program that provides parking locations and options for individuals and families living in their vehicles that does all of the following:
- Provides that any additional points or preferences awarded for a prohousing local policy under 2) above must not exceed the minimum value of points or preferences awarded for a prohousing local policy that directly relates to the planning, approval, or construction of housing.
COMMENTS
Prohousing Designation for Locals: In 2019, the Legislature enacted AB 101 (Committee on Budget), Chapter 26, Statutes of 2019, that required HCD to designate cities and counties as prohousing if their local policies facilitate the planning, approval, or construction of housing. Prohousing jurisdictions receive a competitive advantage in applying for certain state programs, including to the Affordable Housing and Sustainable Communities Program, Transformative Climate Communities Program, and portions of the Infill Incentive Grant Program.
Although AB 101 provided examples of prohousing local polices, HCD had discretion over the final designation criteria, which they adopted via emergency regulations in July 2021 and subsequently converted to permanent regulations in April 2022 (California Code of Regulations, Title 25, Sections 6600-6608). This bill updates the definition of prohousing to also include policies that keep people housed, and adds several new options for HCD to consider when designating a local government as ″prohousing,″ including the establishment of safe parking and safe camping programs as well as operation of LBNCs and other noncongregate shelters. These new policies, however, shall not exceed the minimum value of points awarded for a prohousing local policy that relates to the planning, approval, or construction of housing.
As the list of prohousing local policies in statute is permissive and HCD has already adopted permanent regulations establishing the PDP criteria, the expansion of criteria in this bill may not result in changes to HCD′s specific regulations.
According to the Author
″In order to properly address the housing crisis, we must not only address development but also stabilize residents in the housing they currently live-in. While the current Enhancement Factors includes points for policies that reduce displacement, specifying these three programs will augment the applications of jurisdictions already making efforts to reduce displacement and encourage other jurisdictions to examine these programs. In 2023, SafeParking LA achieved a 34% placement rate for participants who exited the program. Prohousing should not solely be about building more units, but should also include stabilizing residents in their communities.″
Arguments in Support
According to the City of Foster City, ″The City of Foster City is actively engaged in maintaining compliance with housing element requirements and continuously seeks opportunities to work towards prohousing policies. SB 262 provides a meaningful framework for acknowledging the multi-faceted approach necessary to solve homelessness and preserve affordable housing in high-cost communities like ours.″
Arguments in Opposition
None on file.
FISCAL COMMENTS
According to the Assembly Committee on Appropriations:
HCD estimates minor and absorbable costs to adopt updated regulations.
VOTES
SENATE FLOOR: 24-13-3
YES: Allen, Archuleta, Arreguín, Ashby, Becker, Cervantes, Cortese, Durazo, Gonzalez, Grayson, Hurtado, Laird, Limón, McGuire, McNerney, Menjivar, Padilla, Pérez, Richardson, Rubio, Smallwood-Cuevas, Umberg, Wahab, Weber Pierson
NO: Alvarado-Gil, Cabaldon, Caballero, Choi, Dahle, Grove, Jones, Niello, Ochoa Bogh, Seyarto, Strickland, Valladares, Wiener
ABS, ABST OR NV: Blakespear, Reyes, Stern
ASM HOUSING AND COMMUNITY DEVELOPMENT: 10-2-0
YES: Haney, Patterson, Ávila Farías, Ward, Garcia, Kalra, Lee, Quirk-Silva, Wicks, Wilson
NO: Ta, Tangipa
ASM LOCAL GOVERNMENT: 8-2-0
YES: Carrillo, Pacheco, Ramos, Ransom, Blanca Rubio, Stefani, Ward, Wilson
NO: Ta, Hoover
ASM APPROPRIATIONS: 11-4-0
YES: Wicks, Arambula, Calderon, Caloza, Elhawary, Fong, Mark González, Hart, Pacheco, Pellerin, Solache
NO: Dixon, Jeff Gonzalez, Ta, Tangipa
UPDATED
VERSION: July 7, 2025
CONSULTANT: Nicole Restmeyer / H. & C.D. / (916) 319-2085 FN: 0001204
Date of Hearing: August 20, 2025
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Buffy Wicks, Chair
SBPCA Bill Id:SB 262
Author:(Wahab) – As Amended Ver:July 7, 2025
Policy Committee: | Housing and Community Development | Vote: | 10 - 2 |
Local Government | 8 - 2 | ||
|
|
Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY:
This bill expands the list of activities the Department of Housing and Community Development (HCD) may consider as prohousing local policies to include safe parking programs, safe camping programs, and the adoption of ordinances that expedite the approval of low-barrier navigation centers (LBNC), emergency shelters, or supportive housing.
Specifically, this bill:
- Modifies the definition of “prohousing local policies” to include policies that keep people housed.
- Adds the following to the list of prohousing local policies HCD may consider in designating a jurisdiction as prohousing:
- A safe parking program that provides parking locations and options for individuals and families living in their vehicles, as specified.
- A safe camping program that provides safe camping locations and options for individuals and families experiencing unsheltered homelessness.
- Adoption of ordinances, processes, or other mechanisms that expedite, or remove barriers to, the approval of any of the following:
- Low-barrier navigation centers (LBNC) beyond the requirements in existing law governing LBNC.
- Emergency shelters beyond the requirements in Housing Element Law.
- Supportive housing beyond the requirements in existing law governing supportive housing.
- Prohibits additional points or preference awarded for a prohousing local policy described above from exceeding the minimum value of points or preferences awarded for a prohousing local policy that directly relates to the planning, approval, or construction of housing.
FISCAL EFFECT:
HCD estimates minor and absorbable costs to adopt updated regulations.
COMMENTS:
- Purpose. According to the author:
In order to properly address the housing crisis, we must not only address development but also stabilize residents in the housing they currently live-in. While the current Enhancement Factors includes points for policies that reduce displacement, specifying these three programs will augment the applications of jurisdictions already making efforts to reduce displacement and encourage other jurisdictions to examine these programs. In 2023, SafeParking LA achieved a 34% placement rate for participants who exited the program. Prohousing should not solely be about building more units, but should also include stabilizing residents in their communities.
- Prohousing Designation. Existing law, AB 101 (Committee on Budget), Chapter 26, Statutes of 2019, requires HCD to designate cities and counties as prohousing if their local policies facilitate the planning, approval, or construction of housing. “Prohousing” jurisdictions may earn a competitive advantage in applying for certain state programs, including, but not limited to, the Affordable Housing and Sustainable Communities Program, the Transformative Climate Communities Program, and the Infill Incentive Grant Programs, as specified.
AB 101 provided examples of prohousing local polices, but gave HCD discretion over the final criteria, which HCD adopted through regulations in April 2022. This bill adds safe parking and safe camping programs, as well as the adoption of ordinances or processes to expedite LBNCs, emergency shelters, or supportive housing to the statutory list of examples of prohousing local policies. HCD would need to update its regulations for these changes to take effect.
- Prior Legislation. AB 529 (Gabriel), Chapter 743, Statutes of 2023, among other changes, added adaptive reuse ordinances to the list of prohousing local policies HCD may consider as prohousing local policies.
Analysis Prepared by: Jennifer Swenson / APPR. / (916) 319-2081
Date of Hearing: July 16, 2025
ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT
Juan Carrillo, Chair
SBPCA Bill Id:SB 262
Author:(Wahab) – As Amended Ver:July 7, 2025
SENATE VOTE: 24-13
SUBJECT: Housing element: prohousing designations: prohousing local policies
SUMMARY: Makes changes to the prohousing designation program (PDP). Specifically, this bill:
- Amends the definition of “prohousing local policies” in the PDP to also include policies that keep people housed.
- Adds the following to the list of “prohousing local policies” that the Department of Housing and Community Development (HCD) may consider when designating a jurisdiction as prohousing under the PDP:
- A safe parking program that provides parking locations and options for individuals and families living in their vehicles that does all of the following:
- Provides a bathroom facility and onsite security.
- Establishes an application or enrollment process for the program that may include a background check requirement.
- Establishes rules and regulations for the program.
- A safe camping program that provides safe camping locations and options for individuals and families experiencing unsheltered homelessness.
- Adoption of ordinances, processes, or other mechanisms that expedite, or remove barriers to, the approval of any of the following:
- Low-barrier navigation centers (LBNC) beyond the requirements in existing law governing LBNC.
- Emergency shelters beyond the requirements in Housing Element Law.
- Supportive housing beyond existing law governing supportive housing.
- A safe parking program that provides parking locations and options for individuals and families living in their vehicles that does all of the following:
- Provides that any additional points or preference awarded for a prohousing local policy described in 2) above shall not exceed the minimum value of points or preferences awarded for a prohousing local policy that directly relates to the planning, approval, or construction of housing.
EXISTING LAW:
- Requires HCD to establish a prohousing designation for local jurisdictions. (Government Code (GOV) Section 65589.9)
- Defines “prohousing local policies” to mean policies that facilitate the planning, approval, or construction of housing. These policies may include, but are not limited to, the following:
- Establishment of local financial incentives for housing, including, but not limited to, establishing a local housing trust fund;
- Adoption of zoning allowing for use by right for residential and mixed-use development;
- Adoption of zoning that allows for more residential development than is required to accommodate the minimum existing regional housing need allocation for the current housing element cycle;
- Reduction of permit processing time;
- Creation of objective development standards;
- Reduction of development impact fees;
- Preservation of affordable units through the extension of existing project-based rental assistance covenants to avoid the displacement of affected tenants and a reduction in available housing units; and
- Facilitation of the conversion or redevelopment of commercial properties into housing. (GOV §65589.9(f)(3))
- Requires HCD to adopt emergency regulations to implement the PDP. (GOV §65589.9(c))
- Requires jurisdictions that have been designated prohousing by HCD, and that have an adopted housing element that has been found by HCD to be in substantial compliance, to be awarded additional points or preference in the scoring for the following program applications:
- The additional points must be awarded for the following programs:
- The Affordable Housing and Sustainable Communities Program;
- The Transformative Climate Communities Program;
- Specified portions of the Infill Incentive Grant Program of 2007 and the Infill Infrastructure Grant program of 2019; and
- Allows additional points and preferences to be awarded to other state programs when already allowable under state law. (GOV §65589.9(b))
- The additional points must be awarded for the following programs:
FISCAL EFFECT: According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS:
- Bill Summary. This bill changes the definition of “prohousing local policies” to include policies to keep people housed, and specifies that these policies may include establishing safe parking programs, safe camping program, emergency shelters, and adopting ordinances or processes to expedite LBNCs, emergency shelters, and supportive housing. The bill also specifies that any additional points or preferences awarded for a prohousing local policy pursuant to this bill shall not exceed the minimum value of points or preferences awarded for a prohousing local policy that directly relates to the planning, approval, or construction of housing.
This bill is author sponsored. - Author’s Statement. According to the author, “In order to properly address the housing crisis, we must not only address development but also stabilize residents in the housing they currently live-in. While the current Enhancement Factors includes points for policies that reduce displacement, specifying these three programs will augment the applications of jurisdictions already making efforts to reduce displacement and encourage other jurisdictions to examine these programs. In 2023, SafeParking LA achieved a 34% placement rate for participants who exited the program. Prohousing should not solely be about building more units, but should also include stabilizing residents in their communities.”
- Prohousing Designation for Locals. In 2019, the Legislature enacted AB 101 (Committee on Budget), Chapter 26, Statutes of 2019, that required HCD to designate cities and counties as prohousing if their local policies facilitate the planning, approval, or construction of housing. Prohousing jurisdictions receive a competitive advantage in applying for certain state programs, including the Affordable Housing and Sustainable Communities Program, Transformative Climate Communities Program, and portions of the Infill Incentive Grant Program.
Although AB 101 provided examples of prohousing local polices, HCD had discretion over the final designation criteria, which they adopted via emergency regulations in July 2021 and subsequently converted to permanent regulations in April 2022 (California Code of Regulations, Title 25, Sections 6600-6608). - Previous Legislation. AB 529 (Gabriel), Chapter 743, Statutes of 2023, added adaptive reuse ordinances to the list of prohousing local policies HCD may consider under the PDP, among other changes.
AB 1029 (Mullin), Chapter 353, Statutes of 2021, added the preservation of affordable housing units to avoid the displacement of affected tenants to the list of prohousing local policies HCD may consider under the PDP.
AB 101 (Committee on Budget), Chapter 26, Statutes of 2019, required HCD to designate cities and counties as prohousing if their local policies facilitate the planning, approval, or construction of housing. - Arguments in Support. The California State Association of Counties writes in support, “We commend you for recognizing that addressing California’s housing crisis requires not only the construction of new housing but also the stabilization of individuals and families currently experiencing housing insecurity. By acknowledging the importance of supportive services and emergency shelter options, SB 262 promotes a more holistic and humane approach to housing policy.
“This bill provides local jurisdictions with meaningful tools and incentives to reduce displacement and support vulnerable populations, while maintaining a strong focus on housing development. We believe this balanced approach will encourage more communities to adopt innovative, compassionate, and effective housing solutions.” - Arguments in Opposition. None on file.
- Double-Referral. This bill is double-referred to the Assembly Housing and Community Development Committee, where it passed on a 10-2 vote on July 2, 2025.
REGISTERED SUPPORT / OPPOSITION:
Support
Aids Healthcare Foundation
California State Association of Counties
City of Foster City
City of San Jose
East Bay Housing Organizations
NASW California
New Livable California Dba Livable California
Public Advocates
Western Center on Law & Poverty
Opposition
None on file.
Analysis Prepared by: Linda Rios / L. GOV. / (916) 319-3958
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB 262 |
THIRD READING
Bill No: SB 262
Author: Wahab (D)
Amended: 5/29/25
Vote: 21
SENATE HOUSING COMMITTEE: 7-2, 3/18/25
AYES: Wahab, Arreguín, Cabaldon, Cortese, Durazo, Gonzalez, Padilla
NOES: Seyarto, Ochoa Bogh
NO VOTE RECORDED: Caballero, Grayson
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
SUBJECT: Housing element: prohousing designations: prohousing local policies
SOURCE: Author
DIGEST:
This bill adds additional local policies related to tenant protection, housing stability, and homelessness as pro-housing policies that the Department of Housing and Community Development (HCD) can consider in developing a pro-housing designation.
Senate Floor Amendments of 5/29/25 remove residential rent stabilization ordinances, funding legal services for eviction defense and eviction prevention, and tenant protections as “prohousing local policies.” Amendments also provide that specified policies shall not exceed the minimum value of points awarded for a prohousing local policy that relates to the planning, approval, or construction of housing.
ANALYSIS:
Existing law:
- Requires HCD to establish a pro-housing designation for local jurisdictions.
- Defines “pro-housing local policies” to mean policies that facilitate the planning, approval, or construction of housing. These policies may include, but are not limited to, the following:
- Establishment of local financial incentives for housing, including, but not limited to, establishing a local housing trust fund.
- Adoption of zoning allowing for use by right for residential and mixed-use development.
- Adoption of zoning that allows for more residential development than is required to accommodate the minimum existing regional housing need allocation for the current housing element cycle.
- Reduction of permit processing time.
- Creation of objective development standards.
- Reduction of development impact fees.
- Preservation of affordable units through the extension of existing project-based rental assistance covenants to avoid the displacement of affected tenants and a reduction in available housing units.
- Facilitation of the conversion or redevelopment of commercial properties into housing.
- Establishment of local financial incentives for housing, including, but not limited to, establishing a local housing trust fund.
- Requires HCD to adopt emergency regulations to implement this section.
- Requires that jurisdictions that have been designated pro-housing by HCD, and that have an adopted housing element that has been found by HCD to be in substantial compliance, must be awarded additional points or preference in the scoring for the following program applications:
- The additional points must be awarded for the following programs:
- The Affordable Housing and Sustainable Communities Program;
- The Transformative Climate Communities Program; and
- Specified portions of the Infill Incentive Grant Program of 2007 and the Infill Infrastructure Grant program of 2019.
- Allows additional points and preferences to be awarded to other state programs when already allowable under state law.
This bill:
- Expands the definition of “prohousing local policies” to also include policies that keep people housed.
- Adds to the list of policies that HCD may consider to be a pro-housing policy, the following:
- A safe parking program that provides safe parking locations and options for individuals and families living in their vehicles and that does all of the following:
- Provides a bathroom facility and onsite security.
- Establishes an application or enrollment process for the program that may include a background check requirement.
- Establishes rules and regulations for the program.
- A safe camping program that provides safe camping locations and options for individuals and families experiencing unsheltered homelessness; and
- Creation or operation of a low-barrier navigation center or other non-congregate shelter that meets minimum health and safety standards.
3) Provides that provide that the policies added by this bill shall not exceed the minimum value of points awarded for a prohousing local policy that relates to the planning, approval, or construction of housing.
Background
Pro-housing Local Policies. In 2019, the Legislature enacted legislation AB 101, (Committee on Budget, Chapter 159, Statutes of 2019), which required HCD to designate cities and counties as pro-housing if their local policies facilitate the planning, approval, or construction of housing. “Pro-housing” jurisdictions will receive a competitive advantage in applying for certain state programs, including but not limited to the Affordable Housing and Sustainable Communities Program, Transformative Climate Communities Program, and the Infill Incentive Grant Program.
Additionally, local governments with Prohousing Designation are eligible to apply for funds from the Prohousing Incentive Program, which is designed to reward local governments with Prohousing Designation with additional planning or implementation funding to accelerate affordable housing production and preservation. Eligible uses include: construction and rehabilitation of affordable housing, homeownership, matching funds for housing trust funds, services for permanent supportive housing units, and housing for people experience homelessness.
Although AB 101 provided examples of pro-housing local policies, HCD has discretion over the final policies. HCD initially adopted emergency regulations on June 25, 2021, and later adopted permanent regulations, which were approved on January 2, 2024. HCD began accepting applications under these regulations on March 2, 2024.
Comments
Incentivizing housing stability programs. The lack of affordable housing and housing instability for the lowest-income earners in California are the primary drivers for the housing crisis and the significant increases in homelessness in recent years. The nearly 17 million Californians who live in renter households are especially likely to face unaffordable housing costs and therefore are at increased risk of housing instability and homelessness. The original prohousing policies focused on actions local agencies could take to increase the supply of housing, and omitted policies and investments that seek to keep vulnerable populations in their homes, as well as programs that allow for temporary sleeping locations for those who are experiencing homelessness.
In 2021, the Legislature passed and the Governor signed AB 1029 (Mullin, Chapter 353, Statutes of 2021), which added the preservation of affordable housing units to “avoid the displacement of affected tenants.” As such, the prohousing policies are no longer limited to limited to processes and actions designed to increase housing supply; they already also contemplate policies that keep people in their homes, which in turn prevent vulnerable populations from experiencing homelessness.
This bill updates the definition of prohousing to also include policies that keep people housed, and adds several new options for HCD to consider when designating a local government as “prohousing.” These new policies, however, shall not exceed the minimum value of points awarded for a prohousing local policy that relates to the planning, approval, or construction of housing.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No
SUPPORT: (Verified 6/2/25)
Aids Healthcare Foundation
National Association of Social Workers California
OPPOSITION: (Verified 6/2/25)
None received
ARGUMENTS IN SUPPORT: According to the author, “In order to properly address the housing crisis, we must not only address development but also stabilize residents in the housing they currently live-in. While the current Enhancement Factors includes points for policies that reduce displacement, specifying these four tools and programs will augment the applications of jurisdictions already making efforts to reduce displacement and encourage other jurisdictions to examine these tools. In 2023, SafeParking LA achieved a 34% placement rate for participants who exited the program. Additionally, according to the 2021 Minneapolis Rent Stabilization Study, “housing research overwhelmingly stresses the importance of housing stability for economic wellbeing and physical, emotional, and mental health. Housing stability has been associated with greater educational achievement among children.’ Prohousing should not solely be about building more units, but should also include the preservation of existing housing, and stabilizing housing for existing residents.”
Prepared by: Alison Hughes / HOUSING / (916) 651-4124
6/2/25 23:03:36
**** END ****
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB 262 |
THIRD READING
Bill No: SB 262
Author: Wahab (D)
Amended: 3/19/25
Vote: 21
SENATE HOUSING COMMITTEE: 7-2, 3/18/25
AYES: Wahab, Arreguín, Cabaldon, Cortese, Durazo, Gonzalez, Padilla
NOES: Seyarto, Ochoa Bogh
NO VOTE RECORDED: Caballero, Grayson
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
SUBJECT: Housing element: prohousing designations: prohousing local policies
SOURCE: Author
DIGEST:
This bill adds additional local policies related to tenant protection, housing stability, and homelessness as pro-housing policies that the Department of Housing and Community Development (HCD) can consider in developing a pro-housing designation.
ANALYSIS:
Existing law:
- Requires HCD to establish a pro-housing designation for local jurisdictions.
- Defines “pro-housing local policies” to mean policies that facilitate the planning, approval, or construction of housing. These policies may include, but are not limited to, the following:
- Establishment of local financial incentives for housing, including, but not limited to, establishing a local housing trust fund.
- Adoption of zoning allowing for use by right for residential and mixed-use development.
- Adoption of zoning that allows for more residential development than is required to accommodate the minimum existing regional housing need allocation for the current housing element cycle.
- Reduction of permit processing time.
- Creation of objective development standards.
- Reduction of development impact fees.
- Preservation of affordable units through the extension of existing project-based rental assistance covenants to avoid the displacement of affected tenants and a reduction in available housing units.
- Facilitation of the conversion or redevelopment of commercial properties into housing.
- Establishment of local financial incentives for housing, including, but not limited to, establishing a local housing trust fund.
- Requires HCD to adopt emergency regulations to implement this section.
- Requires that jurisdictions that have been designated pro-housing by HCD, and that have an adopted housing element that has been found by HCD to be in substantial compliance, must be awarded additional points or preference in the scoring for the following program applications:
- The additional points must be awarded for the following programs:
- The Affordable Housing and Sustainable Communities Program;
- The Transformative Climate Communities Program; and
- Specified portions of the Infill Incentive Grant Program of 2007 and the Infill Infrastructure Grant program of 2019.
- Allows additional points and preferences to be awarded to other state programs when already allowable under state law.
This bill:
- Expands the definition of “prohousing local policies” to also include policies that keep people housed.
- Adds to the list of policies that HCD may consider to be a pro-housing policy, the following:
- A residential rent stabilization ordinance;
- A safe parking program that provides safe parking locations and options for individuals and families living in their vehicles and that does all of the following:
- Provides a bathroom facility and onsite security.
- Establishes an application or enrollment process for the program that may include a background check requirement.
- Establishes rules and regulations for the program.
- A safe camping program that provides safe camping locations and options for individuals and families experiencing unsheltered homelessness; and
- Funding legal services for eviction defense and eviction prevention.
- Creation or operation of a low-barrier navigation center or other non-congregate shelter that meets minimum health and safety standards.
- Tenant protections.
Background
Pro-housing Local Policies. In 2019, the Legislature enacted legislation (AB 101, Committee on Budget, Chapter 159, Statutes of 2019), which required HCD to designate cities and counties as pro-housing if their local policies facilitate the planning, approval, or construction of housing. “Pro-housing” jurisdictions will receive a competitive advantage in applying for certain state programs, including but not limited to the Affordable Housing and Sustainable Communities Program, Transformative Climate Communities Program, and the Infill Incentive Grant Program.
Additionally, local governments with Prohousing Designation are eligible to apply for funds from the Prohousing Incentive Program, which is designed to reward local governments with Prohousing Designation with additional planning or implementation funding to accelerate affordable housing production and preservation. Eligible uses include: construction and rehabilitation of affordable housing, homeownership, matching funds for housing trust funds, services for permanent supportive housing units, and housing for people experience homelessness.
Although AB 101 provided examples of pro-housing local policies, HCD has discretion over the final policies. HCD initially adopted emergency regulations on June 25, 2021, and later adopted permanent regulations, which were approved on January 2, 2024. HCD began accepting applications under these regulations on March 2, 2024.
Comments
Incentivizing housing stability programs. The lack of affordable housing and housing instability for the lowest-income earners in California are the primary drivers for the housing crisis and the significant increases in homelessness in recent years. The nearly 17 million Californians who live in renter households are especially likely to face unaffordable housing costs and therefore are at increased risk of housing instability and homelessness. The original prohousing policies focused on actions local agencies could take to increase the supply of housing, and omitted policies and investments that seek to keep vulnerable populations in their homes, as well as programs that allow for temporary sleeping locations for those who are experiencing homelessness.
In 2021, the Legislature passed and the Governor signed AB 1029 (Mullin, Chapter 353, Statutes of 2021), which added the preservation of affordable housing units to “avoid the displacement of affected tenants.” As such, the prohousing policies are no longer limited to limited to processes and actions designed to increase housing supply; they already also contemplate tenant protections and policies that keep people in their homes, which in turn prevent vulnerable populations from experiencing homelessness.
This bill updates the definition of prohousing to also include policies that keep people housed, and adds several new options for HCD to consider when designating a local government as “prohousing.”
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No
SUPPORT: (Verified 4/7/25)
Aids Healthcare Foundation
National Association of Social Workers California
OPPOSITION: (Verified 4/7/25)
Building Owners and Managers Association of California
California Apartment Association
California Association of Realtors
California Building Industry Association
California Business Properties Association
California Chamber of Commerce
California Mortgage Bankers Association
Institute of Real Estate Management
Naiop of California, the Commercial Real Estate Development Association
Western Manufactured Housing Communities Association
ARGUMENTS IN SUPPORT: According to the author, “In order to properly address the housing crisis, we must not only address development but also stabilize residents in the housing they currently live-in. While the current Enhancement Factors includes points for policies that reduce displacement, specifying these four tools and programs will augment the applications of jurisdictions already making efforts to reduce displacement and encourage other jurisdictions to examine these tools. In 2023, SafeParking LA achieved a 34% placement rate for participants who exited the program. Additionally, according to the 2021 Minneapolis Rent Stabilization Study, “housing research overwhelmingly stresses the importance of housing stability for economic wellbeing and physical, emotional, and mental health. Housing stability has been associated with greater educational achievement among children.’ Prohousing should not solely be about building more units, but should also include the preservation of existing housing, and stabilizing housing for existing residents.”
ARGUMENTS IN OPPOSITION: According to the opposition, writing as a coalition, the intent of the prohousing designation was to construct housing. The coalition is opposed to adding provisions related to rent control policies or evection protections because these “laws do nothing to incentivize housing construction.”
Prepared by: Alison Hughes / HOUSING / (916) 651-4124
4/9/25 15:50:11
**** END ****
SENATE COMMITTEE ON HOUSING
Senator Aisha Wahab, Chair
2025 - 2026 Regular
Bill No: SB 262 Hearing Date: 3/18/2025
Author: | Wahab | ||
Version: | 2/3/2025 Introduced | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | Alison Hughes | ||
SUBJECT: Housing element: prohousing designations: prohousing local policies
DIGEST: This bill adds additional local policies related to tenant protection, housing stability, and homelessness as pro-housing policies that the Department of Housing and Community Development (HCD) can consider in developing a pro-housing designation.
ANALYSIS:
Existing law:
- Requires HCD to establish a pro-housing designation for local jurisdictions.
- Defines “pro-housing local policies” to mean policies that facilitate the planning, approval, or construction of housing. These policies may include, but are not limited to, the following:
- Establishment of local financial incentives for housing, including, but not limited to, establishing a local housing trust fund;
- Adoption of zoning allowing for use by right for residential and mixed-use development;
- Adoption of zoning that allows for more residential development than is required to accommodate the minimum existing regional housing need allocation for the current housing element cycle;
- Reduction of permit processing time;
- Creation of objective development standards;
- Reduction of development impact fees;
- Preservation of affordable units through the extension of existing project-based rental assistance covenants to avoid the displacement of affected tenants and a reduction in available housing units; and
- Facilitation of the conversion or redevelopment of commercial properties into housing;
- Establishment of local financial incentives for housing, including, but not limited to, establishing a local housing trust fund;
- Requires HCD to adopt emergency regulations to implement this section.
- Requires that jurisdictions that have been designated pro-housing by HCD, and that have an adopted housing element that has been found by HCD to be in substantial compliance, must be awarded additional points or preference in the scoring for the following program applications:
- The additional points must be awarded for the following programs:
- The Affordable Housing and Sustainable Communities Program;
- The Transformative Climate Communities Program; and
- Specified portions of the Infill Incentive Grant Program of 2007 and the Infill Infrastructure Grant program of 2019.
- Allows additional points and preferences to be awarded to other state programs when already allowable under state law.
This bill:
- Adds to the list of policies that HCD may consider to be a pro-housing policy, the following:
- A residential rent stabilization ordinance;
- A safe parking program that provides safe parking locations and options for individuals and families living in their vehicles and that does all of the following:
- Provides a bathroom facility and onsite security.
- Establishes an application or enrollment process for the program that may include a background check requirement.
- Establishes rules and regulations for the program.
- A safe camping program that provides safe camping locations and options for individuals and families experiencing unsheltered homelessness; and
- Funding legal services for eviction defense and eviction prevention.
Background
Pro-housing Local Policies. In 2019, the Legislature enacted legislation (AB 101, Committee on the Budget), which required HCD to designate cities and counties as pro-housing if their local policies facilitate the planning, approval, or construction of housing. “Pro-housing” jurisdictions will receive a competitive advantage in applying for certain state programs, including but not limited to the Affordable Housing and Sustainable Communities Program, Transformative Climate Communities Program, and the Infill Incentive Grant Program.
Additionally, local governments with Prohousing Designation are eligible to apply for funds from the Prohousing Incentive Program, which is designed to reward local governments with Prohousing Designation with additional planning or implementation funding to accelerate affordable housing production and preservation. Eligible uses include: construction and rehabilitation of affordable housing, homeownership, matching funds for housing trust funds, services for permanent supportive housing units, and housing for people experience homelessness.
Although AB 101 provided examples of pro-housing local policies, HCD has discretion over the final policies. HCD initially adopted emergency regulations on June 25, 2021, and later adopted permanent regulations, which were approved on January 2, 2024. HCD began accepting applications under these regulations on March 2, 2024.
Comments
1) Author’s statement. “In order to properly address the housing crisis, we must not only address development but also stabilize residents in the housing they currently live-in. While the current Enhancement Factors includes points for policies that reduce displacement, specifying these four tools and programs will augment the applications of jurisdictions already making efforts to reduce displacement and encourage other jurisdictions to examine these tools. In 2023, SafeParking LA achieved a 34% placement rate for participants who exited the program. Additionally, according to the 2021 Minneapolis Rent Stabilization Study, “housing research overwhelmingly stresses the importance of housing stability for economic wellbeing and physical, emotional, and mental health. Housing stability has been associated with greater educational achievement among children.’ Prohousing should not solely be about building more units, but should also include the preservation of existing housing, and stabilizing housing for existing residents.”
2) Incentivizing housing stability programs. The lack of affordable housing and housing instability for the lowest-income earners in California are the primary drivers for the housing crisis and the significant increases in homelessness in recent years. The nearly 17 million Californians who live in renter households are especially likely to face unaffordable housing costs and therefore are at increased risk of housing instability and homelessness. The original Prohousing policies focused on actions local agencies could take to increase the supply of housing, and omited policies and investments that seek to keep vulnerable populations in their homes, as well as programs that allow for temporary sleeping locations for those who are experiencing homelessness.
In 2021, the Legislature passed and the Governor signed AB 1029 (Mullin, Chapter 353), which added the preservation of affordable housing units to “avoid the displacement of affected tenants.” As such, the prohousing policies are no longer limited to limited to processes and actions designed to increase housing supply; they already also contemplate tenant protections and policies that keep people in their homes, which in turn prevent vulnerable populations from experiencing homelessness.
Given the definition of “prohousing local policies” is limited to “the planning, approval, or construction of housing,” the author has agreed to expand it to include policies that keep people housed, including tenant protections, and programs assisting the homeless.
Additionally, due to timing, the author is seeking to add the following to the list of policies that HCD may consider to be a pro-housing policy: operation of low barrier navigation centers and non-congregate shelters that are meeting minimum health and safety standards.
3) Technical assistance. The author will accept a technical amendment that corrects a spelling error.
Amendment 1
On page 4, in line 23, replace “backround” with “background”
Related/Prior Legislation
AB 1029 (Mullin, Chapter 353, Statutes of 2021) — added preservation of affordable housing units as a pro-housing, local policy that the Department of Housing and Community Development (HCD) can consider in developing a pro-housing designation.
AB 101 (Committee on the Budget, Chapter 159, Statutes of 2019) — among other provisions, required HCD to designate cities and counties as pro-housing if their local policies facilitate the planning, approval, or construction of housing, and enabled HCD to implement these through emergency regulations.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No
POSITIONS: (Communicated to the committee before noon on Wednesday,
March 12, 2025.)
SUPPORT:
AIDS Healthcare Foundation
OPPOSITION:
None received
-- END --
Discussed in Hearing
2MIN
Senate Floor
2MIN
Assembly Floor
1MIN
Assembly Standing Committee on Appropriations
3MIN
Assembly Standing Committee on Local Government
4MIN
Assembly Standing Committee on Housing and Community Development
14MIN
Senate Floor
31MIN
Senate Standing Committee on Housing
Bill Author
Bill Co-Author(s):
