Existing law, the Planning and Zoning Law, requires each city, county, or city and county to prepare and adopt a general plan for its jurisdiction that contains certain mandatory elements, including a housing element. Under existing law, a part of the housing element is an assessment of housing needs, which includes the localitys share of the regional housing need. Under existing law, the appropriate council of governments, or for cities and counties without a council of governments, the Department of Housing and Community Development, adopts a final regional housing need plan that allocates a share of the regional housing need to each locality in the region. Existing law authorizes a local government to conduct a review or appeal regarding allocation data provided by the department or the council of governments regarding, among other things, the localitys share of the regional housing need.

This bill would authorize a local government within the same county as a tribe to enter into a voluntary agreement with a tribe to allow new tribal housing development projects to count toward the localitys share of the regional housing needs allocation, as specified. The bill would prohibit a local government from requiring a tribe to waive sovereign immunity in order to enter into a voluntary agreement pursuant to these provisions. The bill would define various terms for these provisions. The bill would state the intent of the Legislature that the Department of Housing and Community Development be encouraged to approve units in a tribal housing development as counting toward the localitys regional housing needs allocation, as specified.

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

Existing law, the Planning and Zoning Law, requires each city, county, or city and county to prepare and adopt a general plan for its jurisdiction that contains certain mandatory elements, including a housing element. Under existing law, a part of the housing element is an assessment of housing needs, which includes the localitys share of the regional housing need. Under existing law, the appropriate council of governments, or for cities and counties without a council of governments, the Department of Housing and Community Development, adopts a final regional housing need plan that allocates a share of the regional housing need to each locality in the region. Existing law authorizes a local government to conduct a review or appeal regarding allocation data provided by the department or the council of governments regarding, among other things, the localitys share of the regional housing need.

This bill would authorize a local government within the same county as a tribe to enter into a voluntary agreement with a tribe to allow new tribal housing development projects to count toward the localitys share of the regional housing needs allocation, as specified. The bill would prohibit a local government from requiring a tribe to waive sovereign immunity in order to enter into a voluntary agreement pursuant to these provisions. The bill would define various terms for these provisions. The bill would state the intent of the Legislature that the Department of Housing and Community Development be encouraged to approve units in a tribal housing development as counting toward the localitys regional housing needs allocation, as specified.

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

Existing law, the Planning and Zoning Law, requires each city, county, or city and county to prepare and adopt a general plan for its jurisdiction that contains certain mandatory elements, including a housing element. Under existing law, a part of the housing element is an assessment of housing needs, which includes the localitys share of the regional housing need. Under existing law, the appropriate council of governments, or for cities and counties without a council of governments, the Department of Housing and Community Development, adopts a final regional housing need plan that allocates a share of the regional housing need to each locality in the region. Existing law authorizes a local government to conduct a review or appeal regarding allocation data provided by the department or the council of governments regarding, among other things, the localitys share of the regional housing need.

This bill would authorize a local government within the same county as a tribe to enter into a voluntary agreement with a tribe to allow new tribal housing development projects to count toward the localitys share of the regional housing needs allocation, as specified. The bill would prohibit a local government from requiring a tribe to waive sovereign immunity in order to enter into a voluntary agreement pursuant to these provisions. The bill would define various terms for these provisions. The bill would state the intent of the Legislature that the Department of Housing and Community Development be encouraged to approve units in a tribal housing development as counting toward the localitys regional housing needs allocation, as specified.

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

Existing law, the Planning and Zoning Law, requires each city, county, or city and county to prepare and adopt a general plan for its jurisdiction that contains certain mandatory elements, including a housing element. Under existing law, a part of the housing element is an assessment of housing needs, which includes the localitys share of the regional housing need. Under existing law, the appropriate council of governments, or for cities and counties without a council of governments, the Department of Housing and Community Development, adopts a final regional housing need plan that allocates a share of the regional housing need to each locality in the region. Existing law authorizes a local government to conduct a review or appeal regarding allocation data provided by the department or the council of governments regarding, among other things, the localitys share of the regional housing need.

This bill would authorize a local governments government within the same county as a tribe to enter into a voluntary agreements agreement with a tribe to allow new tribal housing development projects to count toward the localitys share of the regional housing needs allocation. allocation, as specified. The bill would prohibit a local government from requiring a tribe to waive sovereign immunity in order to enter into a voluntary agreement pursuant to these provisions. The bill would define various terms for these provisions. The bill would state the intent of the Legislature that the Department of Housing and Community Development be encouraged to approve units in a tribal housing development as counting toward the localitys regional housing needs allocation, as specified.

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

Existing law, the Child Care and Development Services Act, administered by the State Department of Social Services, establishes a system of childcare and development services for children up to 13 years of age. Under existing law, the Legislature finds and declares that the effectiveness of childcare and development programs can be increased through improved state administration, technical assistance to provider agencies, and monitoring. Existing law states it is the intent of the Legislature that, among other things, the department develop clear, consistent, and appropriate regulations for childcare and development programs, as specified.

This bill would make technical, nonsubstantive changes to that provision.

 UNFINISHED BUSINESS  

Bill No: SB 507

Author: Limón (D)

Amended: 7/8/25 in Assembly

Vote: 21

SENATE HOUSING COMMITTEE: 11-0, 4/29/25

AYES: Wahab, Seyarto, Arreguín, Cabaldon, Caballero, Cortese, Durazo, Gonzalez, Grayson, Ochoa Bogh, Padilla

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

SENATE FLOOR: 38-0, 6/2/25

AYES: Allen, Alvarado-Gil, Archuleta, Arreguín, Ashby, Becker, Blakespear, Cabaldon, Caballero, Cervantes, Choi, Cortese, Dahle, Durazo, Gonzalez, Grayson, Grove, Jones, Laird, Limón, McGuire, McNerney, Menjivar, Niello, Ochoa Bogh, Padilla, Pérez, Richardson, Rubio, Seyarto, Smallwood-Cuevas, Stern, Strickland, Umberg, Valladares, Wahab, Weber Pierson, Wiener

NO VOTE RECORDED: Hurtado, Reyes

ASSEMBLY FLOOR: 74-0, 8/28/25 (Consent) - See last page for vote

SUBJECT: Planning and zoning: regional housing needs allocation

SOURCE: Santa Ynez Band of Chumash Indians

DIGEST:

This bill authorizes local governments to enter into voluntary agreements with tribes to allow new tribal housing developments to count toward the locality’s regional housing needs allocation (RHNA).

Assembly Amendments

of 7/8/25 state that this bill does not affect an existing tribal housing development that is being counted towards a locality’s share of RHNA regardless of whether a local government and a tribe enter into a voluntary agreement, as specified.

ANALYSIS:

Existing law:

1. Provides that each community’s fair share of housing be determined through the RHNA process, which is composed of three main stages:
   1. The Department of Finance and the Department of Housing and Community Development (HCD) develop regional housing needs estimates;
   2. COGs allocate housing within each region based on these estimates (where a COG does not exist, HCD makes the determinations); and
   3. Cities and counties incorporate their allocations into their housing elements.
2. Requires each city and county to adopt a housing element, which must contain specified information, programs, and objectives.
3. Establishes a process under which planning agencies submit draft housing element revisions to HCD and make drafts available for public comment, and HCD determines whether the draft housing element or draft amendments substantially complies with housing element law.

This bill:

1. Defines “tribal housing development” as a housing development located on a site held in fee simple by a tribe or held in trust by the United States for the benefit of a federally recognized Native American tribe.
2. Authorizes a local government located within the same county as a federally recognized Native American tribe (tribe) to enter into voluntary agreements with the tribe to allow new tribal housing development projects to count toward the locality’s RHNA if all of the following conditions are met:
   1. The local government executing the agreement has permitting authority over the site on which the tribal housing development project is located.
   2. The tribal housing development project is located on a site within the boundaries of, or contiguous to, the local government.
   3. The units in the tribal housing development project meet the definition of housing unit, as defined by the United States Census Bureau.
3. Requires, if the local government executing the agreement does not have permitting authority over the site on which the tribal housing development project is located, that the voluntary agreement must demonstrate that the housing units will be built, including but not limited to one or more of the following:
   1. Agreement with the tribe regarding approvals, permits, certificates of occupancy, or reporting new units to the Department of Finance.
   2. Documentation from the tribe demonstrating that planned housing has been approved to be built within the current RHNA cycle.
   3. Data regarding the timing of project construction and unit affordability by household income category.
4. Prohibits a local government from requiring a tribe to waive tribal sovereign immunity in order to enter into such an agreement.
5. States legislative intent encouraging HCD to approve units in a tribal housing development as counting toward the locality’s RHNA allocation if these conditions are met.
6. Provides that this bill does not affect an existing tribal housing development that is being counted towards a locality’s share of RHNA regardless of whether a local government and a tribe enter into a voluntary agreement, as specified.

Background

Housing elements. Every city and county in California is required to develop a general plan that outlines the community’s vision of future development through a series of policy statements and goals. A community’s general plan lays the foundation for all future land use decisions, as these decisions must be consistent with the plan. General plans are comprised of several elements that address various land use topics. State law mandates seven elements: land use, circulation (e.g., traffic), housing conservation, open-space, noise, and safety.

Each community’s general plan must include a housing element, which outlines a long-term plan for meeting the community’s existing and projected housing needs. The housing element demonstrates how the community plans to accommodate its “fair share” of its region’s housing needs. Following a staggered schedule, cities and counties located within the territory of a metropolitan planning organization (MPO) must revise their housing elements every eight years, and cities and counties in rural non-MPO regions must revise their housing elements every five years. These five- and eight-year periods are known as the housing element planning period.

In general, a housing element must identify and analyze existing and projected housing needs, identify adequate sites with appropriate zoning to meet its share of the RHNA, and ensure that regulatory systems provide opportunities for, and do not unduly constrain, housing development.

RHNA process. Before each housing element revision, each community is assigned its fair share of the region’s housing need for four separate income categories (very low-, low-, moderate-, and above-moderate income households) through a two-step process known as RHNA. First, HCD determines the aggregate housing need for the region during the planning period the housing element will cover; then the COG allocates the regional housing need to each city and county within the region.

Comments

1. Author statement. “Reservations are treated as federal land for purposes of the RHNA and thus are considered ineligible to count toward the RHNA process. SB 507 creates an opportunity for local governments to engage with willing tribal partners to meet their regional housing needs.”
2. Background on tribal access to state housing programs. California has the largest Native American/American Indian population in the nation with nearly 360,500 Californians identifying in whole or part as “American Indian.” California has 109 federally recognized tribes, which include nearly 100 small reservations and Rancherias spread across the state. Additionally, the rate of tribal poverty is more than twice that of the rest of California's population and one-third of tribal residents live below the federal poverty line.^[1]
3. Ownership of tribal lands varies. California differs from other states in that only a small percentage of California tribes’ land is held in trust by the U.S. government – often on reservations and Rancherias – as compared to fee land, under complete control of its tribal owner or individual tribal member, or restricted fee land, which is owned by a tribe or tribal member but cannot be sold or encumbered. Trust or restricted fee lands may also be allotted, in that these were formerly communal lands that have since been broken up into individual allotments redistributed among individual tribal members. As a result, there are a variety of complex tribal property ownership and land designation statuses that require specialized knowledge to navigate for purposes of developing tribal housing.^[2]
4. Can tribal housing be counted toward RHNA? Housing element statute does not explicitly allow tribal housing to be counted toward a local government’s RHNA, since tribal housing is generally located on land held in federal trust. Because the population living on federal trust land is generally not included in a jurisdiction’s population estimate on which its RHNA allocation is based, housing units built on that land is generally not counted as serving the jurisdiction’s housing need.

In practice, HCD does sometimes allow housing units built on tribal lands to help meet a jurisdiction’s RHNA. However, these sites are treated differently because the local government may not have authority over the planning, permitting, and decision-making processes of land owned by another public entity. Therefore, assurance must be provided that the jurisdiction will be able to successfully build housing on these sites; in addition, any housing that is built must meet the Census definition of a housing unit (e.g., not group quarters). Examples of assurance include an agreement granting the jurisdiction authority to approve, permit, certify occupancy, and/or report new housing units to the Department of Finance; documentation from the entity controlling the land demonstrating that the planned housing has been approved to be built within the current RNHA cycle; and data relating to the timing of project construction and unit affordability by household income category.^[3]

This bill would authorize voluntary agreements between a locality and a tribe to allow new tribal housing development projects – including those on land held in federal trust – to count toward the locality’s RHNA. The assurances discussed above are provided for in this bill.

1. Need for this bill. According to the Santa Ynez Band of Chumash Indians, sponsor of this bill, in 2021 the Santa Barbara County Association of Governments (SBCAG) adopted a new RHNA Plan which allocated 280 new housing units to the Santa Ynez Valley area surrounding the Chumash reservation. Of these, 203 units must be zoned as very-low, low-, and moderate-income housing. In May 2024, the Santa Barbara County Board of Supervisors approved a plan to rezone 28 sites across the county to meet the overall RHNA targets. The only site in the Santa Ynez Valley that was selected to meet the RHNA need was a Chumash-owned property, which the county rezoned to allow for the development of 91 low-income and 30 moderate-income units.

Today this parcel on Highway 246 is owned in fee by the tribe; however, the tribe may eventually place this parcel into federal trust as part of the Chumash reservation. If that occurs, these 121 housing units will no longer count towards the County’s RHNA total because tribal reservations are considered federal land exempt from RHNA.

Similarly, the Chumash also have plans for 143 new housing units on the Chumash reservation. The inclusion of these 143 units towards the RHNA, in addition to the 121 units on Chumash’s Highway 246 parcel would provide 264 of the 280 new housing units, nearly 95% of the Santa Ynez Valley’s RHNA allocation.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No

SUPPORT: (Verified 8/28/25)

Santa Ynez Band of Chumash Indians (Source)

California State Association of Counties

Cniga - California Nations Indian Gaming Association
Elk Valley Rancheria, California
Middletown Rancheria
North Fork Rancheria of Mono Indians of California
Rincon Band of Luiseño Indians
San Pasqual Band of Mission Indians
Soboba Band of Luiseno Indians
Tribal Alliance of Sovereign Indian Nations

OPPOSITION: (Verified 8/28/25)

None received

ASSEMBLY FLOOR: 74-0, 8/28/25

AYES: Addis, Aguiar-Curry, Ahrens, Alanis, Arambula, Ávila Farías, Bains, Bauer-Kahan, Bennett, Boerner, Bonta, Bryan, Calderon, Caloza, Carrillo, Castillo, Chen, Connolly, Davies, DeMaio, Dixon, Ellis, Flora, Fong, Gabriel, Garcia, Gipson, Jeff Gonzalez, Mark González, Hadwick, Haney, Harabedian, Hart, Hoover, Irwin, Jackson, Kalra, Krell, Lackey, Lee, Lowenthal, Macedo, McKinnor, Muratsuchi, Nguyen, Ortega, Pacheco, Papan, Patel, Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Ransom, Celeste Rodriguez, Michelle Rodriguez, Rogers, Blanca Rubio, Sanchez, Schiavo, Schultz, Sharp-Collins, Solache, Soria, Stefani, Ta, Tangipa, Wallis, Ward, Wicks, Wilson, Zbur, Rivas

NO VOTE RECORDED: Alvarez, Berman, Elhawary, Gallagher, Valencia

Prepared by: Alison Hughes / HOUSING / (916) 651-4124

8/28/25 16:50:10

**** END ****

1. California Coalition for Rural Housing and Rural Community Assistance Corporation, “California Tribal Housing Needs and Opportunities: A Vision Forward” (2019) ↑

2. Congressional Research Service, “Tribal Lands: An Overview” (2021) ↑

3. HCD, “Housing Element Site Inventory Guidebook, Government Code Section 65583.2” (June 10, 2020), Housing Element Sites Inventory Guidebook (ca.gov) ↑

Date of Hearing: August 20, 2025

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Buffy Wicks, Chair

SBPCA Bill Id:SB 507

Author:(Limón) – As Amended Ver:July 8, 2025

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill authorizes voluntary agreements between local governments and federally recognized tribes to allow new tribal housing developments to count toward a local government’s regional housing needs allocation (RHNA) if specified conditions are met.

Specifically, this bill:

1. Authorizes a local government within the same county as a federally recognized Native American tribe to enter into a voluntary agreement with a tribe to allow new tribal housing development projects to count toward the locality’s share of RHNA if all of the following conditions are met:
   1. The local government executing the agreement has permitting authority over the site on which the tribal housing development is located.
   2. If the local government executing the agreement does not have the permitting authority described above, the voluntary agreement must demonstrate the housing units will be built, as specified.
   3. The tribal housing development is located on a site within the boundaries of, or contiguous to, the local government.
   4. The units in the tribal housing development meet the definition of housing unit, as defined by the United States Census Bureau.
2. Prohibits a local government from requiring a tribe to waive tribal sovereign immunity in order to enter into such an agreement.
3. Specifies the bill does not affect an existing tribal housing development being counted towards a locality’s share of RHNA regardless of whether the local government and a tribe enter into a voluntary agreement pursuant to this bill.
4. Defines “tribal housing development” to mean a housing development located on a site held in fee simple by a tribe or held in trust by the United States for the benefit of a tribe.

FISCAL EFFECT:

1. HCD estimates minor and absorbable costs to develop new guidance for the voluntary agreements and make changes to the Annual Progress Report system to track housing produced as a result of the agreements.
2. Because this bill authorizes, but does not require, a local government to enter into an agreement pursuant to this bill, any costs incurred by a local government are not reimbursable by the state.

COMMENTS:

1. Purpose. According to the author, “Reservations are treated as federal land for purposes of the RHNA and thus are considered ineligible to count towards the RHNA process. [This bill] creates an opportunity for local governments to engage with willing tribal partners to meet their regional housing needs.”

This bill is sponsored by the Santa Ynez Band of Chumash Indians and is supported by numerous tribes and tribal representatives, as well as the California State Association of Counties. There is no opposition.

1. Background. California has the largest Native American/American Indian population in the nation with nearly 360,500 Californians identifying in whole or part as “American Indian.” California has 109 federally recognized tribes, which include nearly 100 small reservations and Rancherias spread across the state. A small percentage of California tribes’ land is held in trust by the U.S. government – often on reservations and Rancherias – as compared to fee land, which is under complete control of its tribal owner or individual tribal member, or restricted fee land, which is owned by a tribe or tribal member but cannot be sold or encumbered.

According to the sponsor, while the reservation lands of federally recognized tribes in California are the sovereign territories of each respective tribe, these lands are considered federal lands for purposes of RHNA and thus are excluded from the RHNA process.

Housing element statute does not explicitly allow tribal housing to count toward a local government’s RHNA, but HCD sometimes allows it. However, because a local jurisdiction may not have permitting authority over the site on which the tribal housing development is located, HCD requires assurances, such as agreements, documentation, and data, indicating the jurisdiction will be able to successfully build housing on these sites. HCD also requires any housing built to meet the Census definition of a housing unit, among other requirements.

This bill authorizes voluntary agreements between a local jurisdiction and a tribe to allow new tribal housing development projects, including projects located on land held in fee simple and on land held in federal trust, to count toward the locality’s RHNA. The bill includes the assurances required by HCD when a local government does not have permitting authority over the site where the tribal housing is located. The bill also prohibits a local government from requiring a tribe to waive sovereign immunity in order to enter into an agreement pursuant to these provisions.

1. Related Legislation. AB 670 (Quirk-Silva), AB 726 (Avila Faris), and AB 1131 (Ta), of this legislative session, allow local governments to count (a) multifamily units converted to affordable housing, (b) deed–restricted substantially rehabilitated units, and (c) congregate housing for the elderly, respectively, toward meeting a locality’s share of RHNA. These bills are all pending in the Senate Appropriations Committee.

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 507

Author:(Limón) – As Amended Ver:May 1, 2025

SENATE VOTE: 38-0

SUBJECT: Planning and zoning: regional housing needs allocation

SUMMARY: Authorizes a local government in the same county as a tribe to enter into a voluntary agreement with a tribe to allow new tribal housing development projects, as defined, to count toward the locality’s share of the regional housing needs allocation (RHNA) if certain conditions are met. Specifically, this bill:

1. Allows a local government within the same county as a tribe to enter into a voluntary agreement with a tribe to allow new tribal housing development projects to count toward the locality’s share of RHNA if all of the following conditions are met:
   1. The local government executing the agreement has permitting authority over the site on which the tribal housing development is located;
   2. If the local government executing the agreement does not have permitting authority over the site on which the tribal housing development is located, the voluntary agreement must demonstrate that the housing units will be built, including, but not limited to, one or more of the following:
      1. Agreement with the tribe regarding approvals, permits, certificates of occupancy, or reporting new units to the Department of Finance.
      2. Documentation from the tribe demonstrating that planned housing has been approved to be built within the current RHNA cycle.
      3. Data pertaining to the timing of project construction and unit affordability by household income category.
   3. The tribal housing development is located on a site within the boundaries of, or contiguous to, the local government.
   4. The units in the tribal housing development meet the definition of housing unit, as defined by the United States Census Bureau.
2. Prohibits a local government from requiring a tribe to waive tribal sovereign immunity in order to enter into a voluntary agreement under this bill.
3. Specifies that the bill does not affect an existing tribal housing development that is being counted towards a locality’s share of RHNA regardless of whether the local government and a tribe enter into a voluntary agreement pursuant to this bill.
4. Defines the following terms for the purpose of the bill:
   1. “Local government” means a city, including a charter city, a county, including a charter county, or a city and county, including a charter city and county;
   2. “Tribal housing development” means a housing development located on a site held in fee simple by a tribe or held in trust by the United States for the benefit of a tribe; and
   3. “Tribe” means a federally recognized Native American tribe.
5. Declares it is the intent of the Legislature that the Department on Housing and Community Development (HCD) should be encouraged to approve units in a tribal housing development as counting toward that locality’s RHNA if the units meet the requirements of Housing Element Law.
6. Finds and declares that the lack of affordable housing is a matter of statewide concerns and is not a municipal affair. Therefore, the bill applies to all cities, including charter cities.

EXISTING LAW:

1. Provides that each community’s fair share of housing be determined through the RHNA process. Sets out the process as follows:
   1. Department of Finance and HCD develop regional housing needs determinations.
   2. Councils of Governments (COGs) allocate housing via RHNA within each region based on these determinations, and where a COG does not exist, HCD conducts the allocations.
   3. Cities and counties incorporate these allocations into their housing elements. [Government Code (GOV) §65584 and 65584.01]
2. Requires HCD, in consultation with each COG, to determine each region’s share of housing need at least two years prior to the scheduled revision of the housing element, as provided, and requires the COG or HCD to adopt a final RHNA that allocates a share of the regional housing need to each city or county at least one year prior to the housing element due date for the region. [GOV §65584(b)]
3. Requires each city and county to adopt a housing element, which must contain specified information, programs, and objectives, including:
   1. An assessment of housing needs and an inventory of resources and constraints relevant to the meeting of these needs, including a quantification of the locality’s existing and projected housing needs for all income levels; an inventory of land suitable and available for residential development; an analysis of potential and actual governmental and nongovernmental constraints upon the maintenance, improvement, or development of housing for all income levels; and a demonstration of local efforts to remove constraints that hinder the locality from meeting its share of the regional housing need, among other things.
   2. A statement of the community’s goals, quantified objectives, and policies relative to affirmatively furthering fair housing and to the maintenance, preservation, improvement, and development of housing.
   3. A program that sets forth a schedule of actions during the planning period, and timelines for implementation, that the local government is undertaking to implement the policies and achieve the goals and objectives of the housing element, including actions that will be taken to make sites available during the planning period with appropriate zoning and development standards and with services and facilities to accommodate that portion of the local government’s share of the regional housing need for each income level that could not be accommodated on sites identified in the sites inventory without rezoning, among other things. [GOV 65583 §(a)-(c)]

FISCAL EFFECT: According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state costs.

COMMENTS:

1. Bill Summary. This bill authorizes a local government within the same county as a tribe to enter into a voluntary agreement with that tribe to allow a new tribal housing development project to count toward the locality’s share of RHNA. The bill prohibits a local government from a requiring a tribe to waive sovereign immunity in order to enter in a voluntary agreement pursuant to the bill’s provisions. The bill also specifies that the bill does not affect any tribal housing development that are already counted toward a locality’s RHNA regardless of whether a tribe and a local government have entered into a voluntary agreement. This bill is sponsored by the Santa Ynez Band of Chumash Indians.

According to the author, “Reservations are treated as federal land for purposes of the RHNA and thus are considered ineligible to count towards the RHNA process. SB 507 creates an opportunity for local governments to engage with willing tribal partners to meet their regional housing needs.”

1. Planning for Housing. The California Constitution allows cities and counties to “make and enforce within its limits, all local, police, sanitary and other ordinances and regulations not in conflict with general laws.” It is from this fundamental power (commonly called the police power) that cities and counties derive their authority to regulate behavior to preserve the health, safety, and welfare of the public—including land use authority.
   
   Cities and counties use their police power to enact zoning ordinances that shape development, such as setting maximum heights and densities for housing units, minimum numbers of required parking spaces, setbacks to preserve privacy, lot coverage ratios to increase open space, and others. These ordinances can also include conditions on development to address aesthetics, community impacts, or other particular site-specific consideration. Zoning ordinances and other development decisions must be consistent with the city or county’s general plan.
2. Adoption and Implementation of Housing Elements. One important tool in addressing the state’s housing crisis is to ensure that all of the state’s cities and counties appropriately plan for new housing. Such planning is required through the housing element of each community’s General Plan, which outlines a long-term plan for meeting the community’s existing and projected housing needs. Cities and counties are required to update their housing elements every eight years in most of the high population parts of the state, and five years in areas with smaller populations. Localities must adopt a legally valid housing element by their statutory deadline for adoption. Failure to do so can result in certain escalating penalties, including exposure to the “builder’s remedy” as well as public or private lawsuits, financial penalties, potential loss of permitting authority, or even court receivership. Localities that do not adopt a compliant housing element within 120 days from their statutory deadline also must complete any rezones within one year of their deadline, rather than the three years afforded to on-time adopters.
   
   Among other things, the housing element must demonstrate how the community plans to accommodate its share of its RHNA which is a figure determined by HCD through a demographic analysis of housing needs and population projections, also known as the regional housing need determination (RHND). HCD establishes its determination of each COG’s regional housing targets across the state for the next five- or eight-year planning cycle. Each COG (or in some areas, HCD acting directly as COG) then sub-allocates the RHNA to each local government within the COG’s jurisdiction, and in turn each jurisdiction uses its housing element to show how it will accommodate that number of new housing units, split out by income level and with a focus on certain special needs housing types and on affirmatively furthering fair housing.
   
   Adequate zoning, removal of regulatory barriers, protection of existing stock and targeting of resources are essential to obtaining a sufficient permanent supply of housing affordable to all economic segments of the community. Although not requiring the community to develop the housing, housing element law requires the community to plan for housing. Recognizing that local governments may lack adequate resources to house all those in need, the law nevertheless mandates that the community do all that it can and not engage in exclusionary zoning practices
3. Ownership of Tribal Lands Varies. California differs from other states in that only a small percentage of California tribes’ land is held in trust by the U.S. government – often on reservations and Rancherias – as compared to fee land, under complete control of its tribal owner or individual tribal member, or restricted fee land, which is owned by a tribe or tribal member but cannot be sold or encumbered. Trust or restricted fee lands may also be allotted, in that these were formerly communal lands that have since been broken up into individual allotments redistributed among individual tribal members. As a result, there are a variety of complex tribal property ownership and land designation statuses that require specialized knowledge to navigate for purposes of developing tribal housing.
4. Tribal Housing and RHNA. Housing element statute does not explicitly allow tribal housing to be counted toward a local government’s RHNA, since tribal housing is generally located on land held in federal trust. Because the population living on federal trust land is generally not included in a jurisdiction’s population estimate on which its RHNA allocation is based, housing units built on that land is generally not counted as serving the jurisdiction’s housing need.
   
   In practice, HCD does sometimes allow housing units built on tribal lands to help meet a jurisdiction’s RHNA. However, these sites are treated differently because the local government may not have authority over the planning, permitting, and decision-making processes of land owned by another public entity. Therefore, assurance must be provided that the jurisdiction will be able to successfully build housing on these sites; in addition, any housing that is built must meet the Census definition of a housing unit (e.g., not group quarters). Examples of assurance include an agreement granting the jurisdiction authority to approve, permit, certify occupancy, and/or report new housing units to the Department of Finance; documentation from the entity controlling the land demonstrating that the planned housing has been approved to be built within the current RNHA cycle; and data relating to the timing of project construction and unit affordability by household income category.
   
   This bill would authorize voluntary agreements between a locality and a tribe to allow new tribal housing development projects – including those on land held in federal trust – to count toward the locality’s RHNA. The assurances that the jurisdictions will be able to successfully build housing on these sites as discussed above are provided for in this bill.
5. Related Legislation. AB 650 (Papan) extends a number of timelines in the process of determining regional housing needs and RHNA and housing element revisions, and requires HCD to provide specific analysis or text to local governments to remedy deficiencies in their draft housing element revisions. This bill is in the Senate Appropriations Committee.
   
   AB 1275 (Elhawary) extends timelines for determining RHNA and RHND for each region and requires each region to incorporate elements of its sustainable communities strategy (SCS) into its RHNA methodology and allocation plan, as specified. This on the Senate Floor.
   
   SB 233 (Seyarto) revises deadlines for HCD to meet and consult with each COG in the RHND process. This bill is this Committee.
6. Arguments in Support. The Santa Ynez Band of Chumash Indians, sponsors of the bill, write in support, “In May of 2024, the Santa Barbara County Board of Supervisors approved a plan to rezone 28 sites across the County to meet the overall RHNA targets. The only site in the Santa Ynez Valley that was selected to meet the RHNA need was a Chumash-owned property on Highway 246 which the county rezoned to allow for the development of 91 low-income and 30 moderate-income units.
   
   “Today this parcel on Highway 246 is owned in fee by the tribe, but the tribe may eventually place this parcel into federal trust as part of the Chumash reservation. If that occurs, these 121 housing units will no longer count towards the County’s RHNA total because tribal reservations are considered federal land exempt from RHNA. If this were to occur, Santa Barbara County would lose RHNA credit for these 91 low-income and 30 moderate-income housing units and potentially risk falling short of its RHNA obligations.
   
   “Similarly, the Chumash also have plans for 143 new housing units on the Chumash reservation. The inclusion of these 143 units towards the RHNA, in addition to the 121 units on Chumash’s Highway 246 parcel would provide 264 of the 280 new housing units, nearly 95% of the Santa Ynez Valley’s RHNA allocation. Unfortunately, because the Chumash reservation is considered federal land, this potential new housing development cannot count towards Santa Barbara County’s RHNA requirements under current law.
   
   “SB 507 would allow the Chumash to partner with Santa Barbara County to solve for the required new housing in the Santa Ynez Valley and would provide opportunities for similar partnerships between tribes and local governments across the state.
7. Arguments in Opposition. None on file.
8. Double-Referral. This bill is double-referred to the Assembly Housing and Community Development Committee, where it passed on a 12-0 vote on July 2.

REGISTERED SUPPORT / OPPOSITION:

Support

Santa Ynez Band of Chumash Indians (Sponsor)

California State Association of Counties

CNIGA - California Nations Indian Gaming Association

County of Santa Barbara

Elk Valley Rancheria, California

Enterprise Rancheria

Jamul Indian Village of California

Karuk Tribe

Middletown Rancheria

Morongo Band of Mission Indians

North Fork Rancheria of Mono Indians of California

Rincon Band of Luiseño Indians

San Pasqual Band of Mission Indians

Santa Barbara County Board of Supervisors

Scotts Valley Band of Pomo Indians

Soboba Band of Luiseno Indians

Tribal Alliance of Sovereign Indian Nations

Opposition

None on file

Analysis Prepared by: Linda Rios / L. GOV. / (916) 319-3958

 THIRD READING  

Bill No: SB 507

Author: Limón (D)

Amended: 5/1/25

Vote: 21

SENATE HOUSING COMMITTEE: 11-0, 4/29/25

AYES: Wahab, Seyarto, Arreguín, Cabaldon, Caballero, Cortese, Durazo, Gonzalez, Grayson, Ochoa Bogh, Padilla

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

SUBJECT: Planning and zoning: regional housing needs allocation

SOURCE: Santa Ynez Band of Chumash Indians

DIGEST:

This bill authorizes local governments to enter into voluntary agreements with tribes to allow new tribal housing developments to count toward the locality’s regional housing needs allocation (RHNA).

ANALYSIS:

Existing law:

1. Provides that each community’s fair share of housing be determined through the RHNA process, which is composed of three main stages:
   1. The Department of Finance and the Department of Housing and Community Development (HCD) develop regional housing needs estimates;
   2. Code of Guidance (COGs) allocate housing within each region based on these estimates (where a COG does not exist, HCD makes the determinations); and
   3. Cities and counties incorporate their allocations into their housing elements.
2. Requires each city and county to adopt a housing element, which must contain specified information, programs, and objectives.
3. Establishes a process under which planning agencies submit draft housing element revisions to HCD and make drafts available for public comment, and HCD determines whether the draft housing element or draft amendments substantially complies with housing element law.

This bill:

1. Authorizes a local government located within the same county as a federally recognized Native American tribe (tribe) to enter into voluntary agreements with the tribe to allow new tribal housing development projects to count toward the locality’s RHNA if all of the following conditions are met:
   1. The local government executing the agreement has permitting authority over the site on which the tribal housing development project is located.
   2. The tribal housing development project is located on a site within the boundaries of, or contiguous to, the local government.
   3. The units in the tribal housing development project meet the definition of housing unit, as defined by the United States Census Bureau.
2. Requires, if the local government executing the agreement does not have permitting authority over the site on which the tribal housing development project is located, that the voluntary agreement must demonstrate that the housing units will be built, including but not limited to one or more of the following:
   1. Agreement with the tribe regarding approvals, permits, certificates of occupancy, or reporting new units to the Department of Finance.
   2. Documentation from the tribe demonstrating that planned housing has been approved to be built within the current RHNA cycle.
   3. Data regarding the timing of project construction and unit affordability by household income category.
3. Prohibits a local government from requiring a tribe to waive tribal sovereign immunity in order to enter into such an agreement.
4. Defines “tribal housing development” as a housing development located on a site held in fee simple by a tribe or held in trust by the United States for the benefit of a federally recognized Native American tribe.
5. States legislative intent encouraging HCD to approve units in a tribal housing development as counting toward the locality’s RHNA allocation if these conditions are met.

Background

Housing elements. Every city and county in California is required to develop a general plan that outlines the community’s vision of future development through a series of policy statements and goals. A community’s general plan lays the foundation for all future land use decisions, as these decisions must be consistent with the plan. General plans are comprised of several elements that address various land use topics. State law mandates seven elements: land use, circulation (e.g., traffic), housing conservation, open-space, noise, and safety.

Each community’s general plan must include a housing element, which outlines a long-term plan for meeting the community’s existing and projected housing needs. The housing element demonstrates how the community plans to accommodate its “fair share” of its region’s housing needs. Following a staggered schedule, cities and counties located within the territory of a metropolitan planning organization (MPO) must revise their housing elements every eight years, and cities and counties in rural non-MPO regions must revise their housing elements every five years. These five- and eight-year periods are known as the housing element planning period.

In general, a housing element must identify and analyze existing and projected housing needs, identify adequate sites with appropriate zoning to meet its share of the RHNA, and ensure that regulatory systems provide opportunities for, and do not unduly constrain, housing development.

RHNA process. Before each housing element revision, each community is assigned its fair share of the region’s housing need for four separate income categories (very low-, low-, moderate-, and above-moderate income households) through a two-step process known as RHNA. First, HCD determines the aggregate housing need for the region during the planning period the housing element will cover; then the COG allocates the regional housing need to each city and county within the region.

Comments

Author statement. “Reservations are treated as federal land for purposes of the RHNA and thus are considered ineligible to count toward the RHNA process. SB 507 creates an opportunity for local governments to engage with willing tribal partners to meet their regional housing needs.”

Background on tribal access to state housing programs. California has the largest Native American/American Indian population in the nation with nearly 360,500 Californians identifying in whole or part as “American Indian.” California has 109 federally recognized tribes, which include nearly 100 small reservations and Rancherias spread across the state. Additionally, the rate of tribal poverty is more than twice that of the rest of California's population and one-third of tribal residents live below the federal poverty line.^[1]

Ownership of tribal lands varies. California differs from other states in that only a small percentage of California tribes’ land is held in trust by the U.S. government – often on reservations and Rancherias – as compared to fee land, under complete control of its tribal owner or individual tribal member, or restricted fee land, which is owned by a tribe or tribal member but cannot be sold or encumbered. Trust or restricted fee lands may also be allotted, in that these were formerly communal lands that have since been broken up into individual allotments redistributed among individual tribal members. As a result, there are a variety of complex tribal property ownership and land designation statuses that require specialized knowledge to navigate for purposes of developing tribal housing.^[2]

Can tribal housing be counted toward RHNA? Housing element statute does not explicitly allow tribal housing to be counted toward a local government’s RHNA, since tribal housing is generally located on land held in federal trust. Because the population living on federal trust land is generally not included in a jurisdiction’s population estimate on which its RHNA allocation is based, housing units built on that land is generally not counted as serving the jurisdiction’s housing need.

In practice, HCD does sometimes allow housing units built on tribal lands to help meet a jurisdiction’s RHNA. However, these sites are treated differently because the local government may not have authority over the planning, permitting, and decision-making processes of land owned by another public entity. Therefore, assurance must be provided that the jurisdiction will be able to successfully build housing on these sites; in addition, any housing that is built must meet the Census definition of a housing unit (e.g., not group quarters). Examples of assurance include an agreement granting the jurisdiction authority to approve, permit, certify occupancy, and/or report new housing units to the Department of Finance; documentation from the entity controlling the land demonstrating that the planned housing has been approved to be built within the current RNHA cycle; and data relating to the timing of project construction and unit affordability by household income category.^[3]

This bill would authorize voluntary agreements between a locality and a tribe to allow new tribal housing development projects – including those on land held in federal trust – to count toward the locality’s RHNA. The assurances discussed above are provided for in this bill.

Need for the bill. According to the Santa Ynez Band of Chumash Indians, sponsor of this bill, in 2021 the Santa Barbara County Association of Governments (SBCAG) adopted a new RHNA Plan which allocated 280 new housing units to the Santa Ynez Valley area surrounding the Chumash reservation. Of these, 203 units must be zoned as very-low, low-, and moderate-income housing. In May 2024, the Santa Barbara County Board of Supervisors approved a plan to rezone 28 sites across the county to meet the overall RHNA targets. The only site in the Santa Ynez Valley that was selected to meet the RHNA need was a Chumash-owned property, which the county rezoned to allow for the development of 91 low-income and 30 moderate-income units.

Today this parcel on Highway 246 is owned in fee by the tribe; however, the tribe may eventually place this parcel into federal trust as part of the Chumash reservation. If that occurs, these 121 housing units will no longer count towards the County’s RHNA total because tribal reservations are considered federal land exempt from RHNA.

Similarly, the Chumash also have plans for 143 new housing units on the Chumash reservation. The inclusion of these 143 units towards the RHNA, in addition to the 121 units on Chumash’s Highway 246 parcel would provide 264 of the 280 new housing units, nearly 95% of the Santa Ynez Valley’s RHNA allocation.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No

SUPPORT: (Verified 5/20/25)

Santa Ynez Band of Chumash Indians (Source)

California Nations Indian Gaming Association
Elk Valley Rancheria, California
Middletown Rancheria
North Fork Rancheria of Mono Indians of California
Rincon Band of Luiseño Indians
San Pasqual Band of Mission Indians
Soboba Band of Luiseno Indians
Tribal Alliance of Sovereign Indian Nations

OPPOSITION: (Verified 5/20/25)

None received

Prepared by: Erin Riches / HOUSING / (916) 651-4124

5/20/25 16:51:15

**** END ****

1. California Coalition for Rural Housing and Rural Community Assistance Corporation, “California Tribal Housing Needs and Opportunities: A Vision Forward” (2019) ↑

2. Congressional Research Service, “Tribal Lands: An Overview” (2021) ↑

3. HCD, “Housing Element Site Inventory Guidebook, Government Code Section 65583.2” (June 10, 2020), Housing Element Sites Inventory Guidebook (ca.gov) ↑

SENATE COMMITTEE ON HOUSING

Senator Aisha Wahab, Chair

2025 - 2026 Regular

Bill No: SB 507 Hearing Date: 4/29/25

SUBJECT: Planning and zoning: regional housing needs allocation

DIGEST: This bill authorizes local governments to enter into voluntary agreements with tribes to allow new tribal housing developments to count toward the locality’s regional housing needs allocation (RHNA).

ANALYSIS:

Existing law:

1. Provides that each community’s fair share of housing be determined through the RHNA process, which is composed of three main stages:
   1. The Department of Finance and the Department of Housing and Community Development (HCD) develop regional housing needs estimates;
   2. COGs allocate housing within each region based on these estimates (where a COG does not exist, HCD makes the determinations); and
   3. Cities and counties incorporate their allocations into their housing elements.
2. Requires each city and county to adopt a housing element, which must contain specified information, programs, and objectives.
3. Establishes a process under which planning agencies submit draft housing element revisions to HCD and make drafts available for public comment, and HCD determines whether the draft housing element or draft amendments substantially complies with housing element law.

This bill:

1. Authorizes local governments located within the same county as a federally recognized Native American tribe (tribe) to enter into voluntary agreements with a tribe to allow new tribal housing development projects to count toward the locality’s RHNA.
2. Defines “tribal housing development” as a housing development located on a site held in trust by the United States for the benefit of a federally recognized Native American tribe.
3. Prohibits a local government from requiring a tribe to waive tribal sovereign immunity in order to enter into such an agreement.

Background

Housing elements. Every city and county in California is required to develop a general plan that outlines the community’s vision of future development through a series of policy statements and goals. A community’s general plan lays the foundation for all future land use decisions, as these decisions must be consistent with the plan. General plans are comprised of several elements that address various land use topics. State law mandates seven elements: land use, circulation (e.g., traffic), housing conservation, open-space, noise, and safety.

Each community’s general plan must include a housing element, which outlines a long-term plan for meeting the community’s existing and projected housing needs. The housing element demonstrates how the community plans to accommodate its “fair share” of its region’s housing needs. Following a staggered schedule, cities and counties located within the territory of a metropolitan planning organization (MPO) must revise their housing elements every eight years, and cities and counties in rural non-MPO regions must revise their housing elements every five years. These five- and eight-year periods are known as the housing element planning period.

In general, a housing element must identify and analyze existing and projected housing needs, identify adequate sites with appropriate zoning to meet its share of the RHNA, and ensure that regulatory systems provide opportunities for, and do not unduly constrain, housing development.

RHNA process. Before each housing element revision, each community is assigned its fair share of the region’s housing need for four separate income categories (very low-, low-, moderate-, and above-moderate income households) through a two-step process known as RHNA. First, HCD determines the aggregate housing need for the region during the planning period the housing element will cover; then the COG allocates the regional housing need to each city and county within the region.

Comments

1. Author statement. “Reservations are treated as federal land for purposes of the RHNA and thus are considered ineligible to count toward the RHNA process. SB 507 creates an opportunity for local governments to engage with willing tribal partners to meet their regional housing needs.”
2. Background on tribal access to state housing programs. California has the largest Native American/American Indian population in the nation with nearly 360,500 Californians identifying in whole or part as “American Indian.” California has 109 federally recognized tribes, which include nearly 100 small reservations and Rancherias spread across the state. Additionally, the rate of tribal poverty is more than twice that of the rest of California's population and one-third of tribal residents live below the federal poverty line.^[1]
3. Ownership of tribal lands varies. California differs from other states in that only a small percentage of California tribes’ land is held in trust by the U.S. government – often on reservations and Rancherias – as compared to fee land, under complete control of its tribal owner or individual tribal member, or restricted fee land, which is owned by a tribe or tribal member but cannot be sold or encumbered. Trust or restricted fee lands may also be allotted, in that these were formerly communal lands that have since been broken up into individual allotments redistributed among individual tribal members. As a result, there are a variety of complex tribal property ownership and land designation statuses that require specialized knowledge to navigate for purposes of developing tribal housing.^[2]
4. Can tribal housing be counted toward RHNA? Housing element statute does not explicitly allow tribal housing to be counted toward a local government’s RHNA, since tribal housing is generally located on land held in federal trust. Because the population living on federal trust land is generally not included in a jurisdiction’s population estimate on which its RHNA allocation is based, housing units built on that land is generally not counted as serving the jurisdiction’s housing need.

However, in practice, HCD does sometimes allow housing units built on tribal lands to help meet a jurisdiction’s RHNA. However, these sites are treated differently because the local government may not have authority over the planning, permitting, and decision-making processes of land owned by another public entity. Therefore, assurance must be provided that the jurisdiction will be able to successfully build housing on these sites; in addition, any housing that is built must meet the Census definition of a housing unit (e.g., not group quarters). Examples of assurance include:

1. Agreement with the entity controlling the land that grants the jurisdiction authority regarding approving, permitting, certifying occupancy, and/or reporting new housing units to the Department of Finance.
2. Documentation from the entity controlling the land demonstrating that planned housing has been approved to be built within the current RHNA cycle.
3. Data pertaining to the timing of project construction and unit affordability by household income category.^[3]

This bill would authorize voluntary agreements between a locality and a tribe to allow new tribal housing development projects – including those on land held in federal trust – to count toward the locality’s RHNA.

1. Need for the bill. According to the Santa Ynez Band of Chumash Indians, sponsor of this bill, in 2021 the Santa Barbara County Association of Governments (SBCAG) adopted a new RHNA Plan which allocated 280 new housing units to the Santa Ynez Valley area surrounding the Chumash reservation. Of these, 203 units must be zoned as very-low, low-, and moderate-income housing. In May 2024, the Santa Barbara County Board of Supervisors approved a plan to rezone 28 sites across the county to meet the overall RHNA targets. The only site in the Santa Ynez Valley that was selected to meet the RHNA need was a Chumash-owned property, which the county rezoned to allow for the development of 91 low-income and 30 moderate-income units.

Today this parcel on Highway 246 is owned in fee by the tribe; however, the tribe may eventually place this parcel into federal trust as part of the Chumash reservation. If that occurs, these 121 housing units will no longer count towards the County’s RHNA total because tribal reservations are considered federal land exempt from RHNA.

Similarly, the Chumash also have plans for 143 new housing units on the Chumash reservation. The inclusion of these 143 units towards the RHNA, in addition to the 121 units on Chumash’s Highway 246 parcel would provide 264 of the 280 new housing units, nearly 95% of the Santa Ynez Valley’s RHNA allocation.

1. Committee amendments. To help address committee concerns, the author has agreed to accept amendments that do the following:

Impose the following conditions that must be met for a voluntary agreement between a locality and a tribe to count tribal housing developments toward the locality’s RHNA if the site is on land over which the locality has permitting authority: (e.g., it is a site held in fee simple by the tribe):

The tribal housing development is located on a site within the boundaries of, or contiguous to, the local jurisdiction. This is intended to prevent a locality from counting tribal housing development units on the other side of the region toward its RHNA.

The housing units must meet the Census definition of “housing unit.” This is consistent with both federal law and HCD guidance for all other jurisdictions.

Impose the following conditions that must be met for a voluntary agreement between a locality and a tribe to count tribal housing developments toward the locality’s RHNA if the site is on land held in trust by the United States for the benefit of a federally recognized Native American tribe:

The agreement must provide reasonable assurance that the housing units will be built, including but not limited to one of the following: (1) agreement with the entity controlling the land regarding approvals, permits, certificates of occupancy, or reporting new units to the Department of Finance; (2) documentation from the entity controlling the land demonstrating that planned housing has been approved to be built within the current RHNA cycle; and (3) data pertaining to the timing of project construction and unit affordability by household income category.

The housing units must meet the Census definition of “housing unit.”

1. These conditions are intended to help ensure that the housing units intended to be counted toward the locality’s RHNA obligation will actually be built, since localities do not have permitting and zoning authority over federally held lands.
   1. Revise the definition of “tribal housing development” to add a site held in fee by a federally recognized Native American tribe.
   2. Add legislative intent encouraging HCD to approve counting a tribal housing development toward a jurisdiction’s RHNA if the conditions set forth in this bill are met.

Related Legislation:

SB 1187 (McGuire, Chapter 295, Statutes of 2024) – creates a new tribal housing program, the Tribal Housing Grant Program, in HCD for the construction and rehabilitation of rental and for-sale housing.

AB 1878 (Garcia, Chapter 266, Statutes of 2024) – creates the Tribal Housing Grant Program Fund Advisory Committee within HCD, upon appropriation; makes changes to tribal liaison and technical assistance requirements that apply to HCD; and limits HCD’s ability to require tribes to waive sovereign immunity to access funding, as specified.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No

POSITIONS: (Communicated to the committee before noon on Wednesday,

April 23, 2025.)

SUPPORT:

Cniga - California Nations Indian Gaming Association

Elk Valley Rancheria, California

Middletown Rancheria

North Fork Rancheria of Mono Indians of California

Rincon Band of Luiseño Indians

San Pasqual Band of Mission Indians

Santa Ynez Band of Chumash Indians (SPONSOR)

Soboba Band of Luiseno Indians

Tribal Alliance of Sovereign Indian Nations

OPPOSITION:

None received

-- END --

1. California Coalition for Rural Housing and Rural Community Assistance Corporation, “California Tribal Housing Needs and Opportunities: A Vision Forward” (2019) ↑

2. Congressional Research Service, “Tribal Lands: An Overview” (2021) ↑

3. HCD, “Housing Element Site Inventory Guidebook, Government Code Section 65583.2” (June 10, 2020), Housing Element Sites Inventory Guidebook (ca.gov) ↑