Housing elements: prohousing designation.

City population threshold for eligibility is halved from fewer than 50,000 persons to fewer than 25,000 persons under the new 'small rural jurisdiction' definition. County threshold remains at fewer than 200,000.

The minimum period before HCD can require a small rural jurisdiction to renew its prohousing designation is shortened from at least five years to at least four years.

HCD's evaluation of housing element submission materials for evidence of prohousing policies is now triggered only upon request by the small rural jurisdiction, rather than being conducted proactively by HCD beginning with the seventh housing element cycle.

A new definition of 'small rural jurisdiction' is added: a city with a population of fewer than 25,000 persons or a county with a population of fewer than 200,000 persons. The existing 'nonentitlement jurisdiction' definition (city under 50,000) is retained in the definitions section but operative provisions now use the narrower 'small rural jurisdiction' term.

The renewal protection provision previously applied to nonentitlement jurisdictions with populations under 100,000. The Senate version removes that 100,000 population cap and instead ties the protection to the 'small rural jurisdiction' definition, which has a lower city threshold (25,000) but the same county threshold (200,000).

In Section 1.5(c)(1), the phrase 'emergency permanent regulations' was corrected to simply 'permanent regulations,' removing the contradictory pairing of 'emergency' with 'permanent.'

In Section 1.5(f)(3), the definition of 'prohousing local policies' was corrected from 'policies that facilitate the planning, approval, or construction of housing. housing, or policies that keep people housed' to 'policies that facilitate the planning, approval, or construction of housing, or policies that keep people housed,' fixing a stray period and redundant word.

The bill was assigned Chapter 485 and the page headers changed from 'AB 36' to 'Ch. 485' to reflect its status as an enacted statute.

Added the authentication header 'STATE OF CALIFORNIA AUTHENTICATED ELECTRONIC LEGAL MATERIAL' and the governor's approval date of October 10, 2025.

Removed the Assembly and Senate passage headers, clerk signatures, and blank governor receipt date lines that are part of the enrolled bill format but not needed in the chaptered version.

The separate definition of 'nonentitlement jurisdiction' (city under 50,000 or county under 200,000) is eliminated. Only 'small rural jurisdiction' (city under 25,000 or county under 200,000) remains as a defined term.

The minimum period before HCD can require a small rural jurisdiction to renew its prohousing designation is shortened from 5 years to 4 years.

A new Section 1.5 amends Government Code Section 65589.9 to expand 'prohousing local policies' to include 'policies that keep people housed,' adding three new qualifying policy categories: (L) safe parking programs for vehicle-dwelling individuals, (M) safe camping programs for unsheltered homeless, and (N) expedited approval of low-barrier navigation centers, emergency shelters, and supportive housing.

A cap is placed on bonus points: additional points awarded for the new homelessness-related policies (L through N) shall not exceed the minimum value of points awarded for a prohousing policy that directly relates to planning, approval, or construction of housing.

A coordination provision (Section 2) states that Section 1.5 only becomes operative if both AB 36 and SB 262 are enacted by January 1, 2026, both amend Section 65589.9, and AB 36 is enacted after SB 262 (in which case Section 1 of AB 36 does not become operative).

The reporting agency reference changes from 'Office of Land Use and Climate Innovation' to 'Office of Planning and Research, Land Use and Climate Innovation' in the new Section 1.5.

New definition of 'nonentitlement jurisdiction' added: a city with population under 50,000 or a county with population under 200,000.

The requirement for HCD to evaluate housing element submissions for prohousing evidence is now limited to nonentitlement jurisdictions only, rather than all jurisdictions.

The prohibition on requiring renewal of prohousing designation before the next housing element cycle is now limited to nonentitlement jurisdictions with populations under 100,000, rather than all jurisdictions under 100,000.

New condition: HCD may only conduct the housing element evaluation for nonentitlement jurisdictions that have a compliant housing element. Jurisdictions without a compliant element are excluded from this streamlined process.

Changed 'emergency permanent regulations' to 'permanent regulations' in the description of how HCD designates prohousing jurisdictions, removing the word 'emergency.'

Agency name updated from 'Office of Planning and Research, Land Use and Climate Innovation' to 'Office of Land Use and Climate Innovation,' reflecting a state agency reorganization.