Regional housing need: determination.

The Planning and Zoning Law requires each county and city to adopt a comprehensive, long-term general plan for the physical development of the county or city, which includes, among other mandatory elements, a housing element. That law requires, for the 4th and subsequent revisions of the housing element, the Department of Housing and Community Development (department) to determine the existing and projected need for housing for each region, as specified. That law requires the department, in consultation with the council of governments, to determine the existing and projected need of housing for each region in a specified manner. That law requires the department's determination to be based upon population projections produced by the Department of Finance, as specified. That law also requires the department to meet and consult with the council of governments regarding the assumptions and methodologies to be used to determine each region's housing need and requires the council of governments to provide data assumptions from the council of governments' projections, as specified. That law authorizes the department to accept or reject the information provided by the council of governments and, after consultation with each council of governments, requires the department to make determinations on the council of governments' data assumptions and the methodology the department will use to determine each region's housing need. That law requires the department to provide its determinations to each council of governments, as specified. That law, upon making that determination, authorizes the council of governments to object to the determination. This bill, for regions in which the department is required to distribute the regional housing need, would prohibit a city or county from filing an objection to the regional housing need determination. The bill would also make conforming changes. The Planning and Zoning Law, for the 4th and subsequent revisions of the housing element, provides an alternative process for determining the existing and projected need for housing for each region, as specified. This bill would repeal the alternative process described above. The Planning and Zoning Law requires public participation and access in the development of the methodology and in the process of drafting and adoption of the allocation of the regional housing needs. That law requires participation by organizations other than local jurisdictions and councils of governments to be solicited, as provided, including soliciting specified members of protected classes. That law also authorizes the department to review the adopted allocation methodology and report its findings to the council of governments or delegate subregion within 90 days of receiving notice. This bill would expand the solicitation requirement to include specified households with special housing needs. The bill would also reduce the time allotted for the department to report its findings regarding the adopted allocation methodology to 45 days. By requiring councils of governments or delegate subregions, as applicable, to solicit participation from additional sources, this bill would impose a state-mandated local program. The Planning and Zoning Law requires each council of governments and delegate subregion, as applicable, at least one and one-half years before their scheduled housing element revision, to distribute a draft allocation of regional housing needs to each local government in the region or subregion, where applicable, and to the department, based on the methodology adopted, and requires each of those entities, as applicable to publish the draft allocation on its internet website. This bill would additionally authorize a council of government to distribute the draft allocation plan upon adoption of the final methodology reviewed and accepted by the department under certain circumstances. The Planning and Zoning Law authorizes, within 45 days following receipt of the draft allocation, a local government within the region or the delegate subregion, as applicable, or the department to appeal to the council of governments or the delegate subregion for a revision of the share of the regional housing need proposed to be allocated to one or more local governments. If no appeals are filed, that law requires the draft allocation to be issued as the proposed final allocation plan. This bill would, if no appeals are filed, instead authorize the draft allocation to be adopted pursuant to a specified procedure that includes, among other things, a public hearing. 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. This bill would incorporate additional changes to Sections 65584.01 and 65584.04 of the Government Code proposed by AB 3093 to be operative only if this bill and AB 3093 are enacted and this bill is enacted last. This bill would incorporate additional changes to Section 65584.05 of the Government Code proposed by AB 2597 to be operative only if this bill and AB 2597 are enacted and this bill is enacted last. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.