<?xml version="1.0" ?>
<ns0:MeasureDoc xmlns:html="http://www.w3.org/1999/xhtml" xmlns:ns0="http://lc.ca.gov/legalservices/schemas/caml.1#" xmlns:ns3="http://www.w3.org/1999/xlink" xmlns:xsi="http://www.w3.org/2001/XMLSchema-instance" version="1.0" xsi:schemaLocation="http://lc.ca.gov/legalservices/schemas/caml.1# xca.1.xsd">
	


	<ns0:Description>
		<ns0:Id>20250AB__065093ENR</ns0:Id>
		<ns0:VersionNum>93</ns0:VersionNum>
		<ns0:History>
			<ns0:Action>
				<ns0:ActionText>INTRODUCED</ns0:ActionText>
				<ns0:ActionDate>2025-02-13</ns0:ActionDate>
			</ns0:Action>
			<ns0:Action>
				<ns0:ActionText>AMENDED_ASSEMBLY</ns0:ActionText>
				<ns0:ActionDate>2025-03-28</ns0:ActionDate>
			</ns0:Action>
			<ns0:Action>
				<ns0:ActionText>AMENDED_ASSEMBLY</ns0:ActionText>
				<ns0:ActionDate>2025-04-24</ns0:ActionDate>
			</ns0:Action>
			<ns0:Action>
				<ns0:ActionText>AMENDED_SENATE</ns0:ActionText>
				<ns0:ActionDate>2025-08-29</ns0:ActionDate>
			</ns0:Action>
			<ns0:Action>
				<ns0:ActionText>AMENDED_SENATE</ns0:ActionText>
				<ns0:ActionDate>2025-09-03</ns0:ActionDate>
			</ns0:Action>
			<ns0:Action>
				<ns0:ActionText>AMENDED_SENATE</ns0:ActionText>
				<ns0:ActionDate>2025-09-05</ns0:ActionDate>
			</ns0:Action>
			<ns0:Action>
				<ns0:ActionText>PASSED_ASSEMBLY</ns0:ActionText>
				<ns0:ActionDate>2025-09-11</ns0:ActionDate>
			</ns0:Action>
			<ns0:Action>
				<ns0:ActionText>PASSED_SENATE</ns0:ActionText>
				<ns0:ActionDate>2025-09-10</ns0:ActionDate>
			</ns0:Action>
			<ns0:Action>
				<ns0:ActionText>ENROLLED</ns0:ActionText>
				<ns0:ActionDate>2025-09-15</ns0:ActionDate>
			</ns0:Action>
		</ns0:History>
		<ns0:LegislativeInfo>
			<ns0:SessionYear>2025</ns0:SessionYear>
			<ns0:SessionNum>0</ns0:SessionNum>
			<ns0:MeasureType>AB</ns0:MeasureType>
			<ns0:MeasureNum>650</ns0:MeasureNum>
			<ns0:MeasureState>ENR</ns0:MeasureState>
		</ns0:LegislativeInfo>
		<ns0:AuthorText authorType="LEAD_AUTHOR">Introduced by Assembly Member Papan</ns0:AuthorText>
		<ns0:AuthorText authorType="COAUTHOR_ORIGINATING">(Coauthors: Assembly Members Pacheco, Haney, and Wicks)</ns0:AuthorText>
		<ns0:Authors>
			<ns0:Legislator>
				<ns0:Contribution>LEAD_AUTHOR</ns0:Contribution>
				<ns0:House>ASSEMBLY</ns0:House>
				<ns0:Name>Papan</ns0:Name>
			</ns0:Legislator>
			<ns0:Legislator>
				<ns0:Contribution>COAUTHOR</ns0:Contribution>
				<ns0:House>ASSEMBLY</ns0:House>
				<ns0:Name>Pacheco</ns0:Name>
			</ns0:Legislator>
			<ns0:Legislator>
				<ns0:Contribution>COAUTHOR</ns0:Contribution>
				<ns0:House>ASSEMBLY</ns0:House>
				<ns0:Name>Haney</ns0:Name>
			</ns0:Legislator>
			<ns0:Legislator>
				<ns0:Contribution>COAUTHOR</ns0:Contribution>
				<ns0:House>ASSEMBLY</ns0:House>
				<ns0:Name>Wicks</ns0:Name>
			</ns0:Legislator>
		</ns0:Authors>
		<ns0:Title> An act to amend Sections 65583, 65584, 65584.01, 65584.03, 65584.04, 65584.05, and 65585 of the Government Code, relating to land use.</ns0:Title>
		<ns0:RelatingClause>land use</ns0:RelatingClause>
		<ns0:GeneralSubject>
			<ns0:Subject>Planning and zoning: housing element: regional housing needs allocation.</ns0:Subject>
		</ns0:GeneralSubject>
		<ns0:DigestText>
			<html:p>
				(1)
				<html:span class="EnSpace"/>
				Existing law, the Planning and Zoning Law, requires each county and city to adopt a comprehensive, long-term general plan for the physical development of the county or city, which includes, among other mandatory elements, a housing element. Existing law requires a public agency to administer its programs and activities relating to housing and community development in a manner to affirmatively further fair housing, and take no action that is materially inconsistent with its obligation to affirmatively further fair housing. Existing law defines “affirmatively furthering fair housing,” as provided.
			</html:p>
			<html:p>The Planning and Zoning Law requires that a housing element include, among other things, a program that sets forth a schedule of actions during the planning period. Existing law requires the Department of Housing and Community
			 Development to develop a standardized reporting format for programs and actions taken pursuant to the requirement to affirmatively further fair housing.</html:p>
			<html:p>This bill would require the department to develop the above-described standardized reporting format on or before December 31, 2026.</html:p>
			<html:p>
				(2)
				<html:span class="EnSpace"/>
				Existing law requires, for the 4th and subsequent revisions of the housing element, the department to determine the existing and projected need for housing for each region, as specified. Existing law requires the department, in consultation with the council of governments, to determine the existing and projected need of housing for each region at least 2 years prior to the scheduled revision of the housing element, as provided. Existing law requires the department to meet and consult with the council of governments regarding the assumptions and methodology to be used to determine the region’s housing needs at least 26
			 months prior to the scheduled revision of the housing element, as provided.
			</html:p>
			<html:p>This bill, except as specified, would extend the above-described timeline for the department to determine the existing and projected need of housing for each region from 2 years to 3 years prior to the scheduled revision of the housing element. The bill would require the department to meet and consult with the council of governments, as described above, pursuant to prescribed deadlines. For the 7th revision of the housing element, the bill would require the department to meet and consult with each council of governments at least 38 months prior to the scheduled revision, except for specified councils of governments. For the 8th and subsequent revision of the housing element, the bill would require the department to meet and consult with each council of governments at least 38 months prior to the scheduled revision.</html:p>
			<html:p>
				(3)
				<html:span class="EnSpace"/>
				Existing
			 law authorizes at least 2 or more cities and a county, or counties, at least 28 months prior to the scheduled housing element revision, to form a subregional entity to allocate the subregion’s existing and projected housing need among its members. If the council of governments does not receive a notification of this formation at least 28 months prior to the update, existing law requires the council of governments to implement specified requirements regarding the regional housing need process. Existing law requires the council of governments to determine the share of regional housing need assigned to each delegate subregion at least 25 months prior to the scheduled revision.
			</html:p>
			<html:p>This bill would extend the above-described timeline for cities and counties to form a subregional entity to allocate the subregion’s housing need, as provided, from 28 months to 34 months, and the above-described timeline for the council of governments to determine the share of regional housing
			 need assigned to each subregion from 25 months to 31 months, respectively.</html:p>
			<html:p>
				(4)
				<html:span class="EnSpace"/>
				Existing law, at least 2 years before a scheduled revision of the housing element, as specified, requires each council of governments, or delegate subregion as applicable, to develop, in consultation with the department, a proposed methodology for distributing the existing and projected regional housing need to jurisdictions, as specified. Existing law, at least 1 
				<ns0:Fraction>
					<ns0:Numerator>1</ns0:Numerator>
					<ns0:Denominator>2</ns0:Denominator>
				</ns0:Fraction>
				 years before a scheduled revision of the housing element, as specified, requires each council of governments and delegate subregion, as applicable, to distribute a draft allocation of regional housing needs to each local government in the region or subregion, where applicable, and the department, as specified.
			</html:p>
			<html:p>
				This bill, except with respect to the 7th housing
			 element cycle for councils of governments with a housing element revision due date during the 2027 calendar year, would instead require that the above-described methodology be developed from at least 2 
				<ns0:Fraction>
					<ns0:Numerator>1</ns0:Numerator>
					<ns0:Denominator>2</ns0:Denominator>
				</ns0:Fraction>
				 years before a scheduled revision of the housing element, and that the distribution of the draft allocation plan be made at least 2 years before a scheduled revision of the housing element, respectively.
			</html:p>
			<html:p>
				(5)
				<html:span class="EnSpace"/>
				Existing law requires a planning agency to submit a copy of its draft housing element or amendments to its housing element or housing element revision to the department for review, and requires the department to notify the city, county, or city and county with written findings if the department finds that the housing element or the amendment does not substantially comply with specified law. If the department finds that the draft housing
			 element or draft amendment is not in substantial compliance, existing law requires the jurisdiction to either update the draft to substantially comply with specified law, or adopt the draft housing element or amendment without changes, as provided.
			</html:p>
			<html:p>This bill would require the department, if the department finds that a draft element or draft amendment does not substantially comply, as described above, to (A) identify and explain the specific deficiencies in the draft element or draft amendment and (B) provide the specific analysis or text that the department expects the planning agency to include in the draft element or draft amendment to remedy those deficiencies, as specified. The bill would require a jurisdiction, in updating a noncompliant housing element or amendment under the above-described provisions, to include the specific analysis or text in its draft element or amendment.</html:p>
			<html:p>
				(6)
				<html:span class="EnSpace"/>
				This bill would incorporate additional changes to Section 65583 of the Government Code proposed by SB 340 and AB 610 to be operative only if this bill and either or both of those bills are enacted and this bill is enacted last.
			</html:p>
			<html:p>This bill would incorporate additional changes to Section 65584.01 of the Government Code proposed by SB 486 to be operative only if this bill and SB 486 are enacted and this bill is enacted last.</html:p>
			<html:p>This bill would incorporate additional changes to Section 65584.03 of the Government Code proposed by AB 1275 to be operative only if this bill and AB 1275 are enacted and this bill is enacted last.</html:p>
			<html:p>This bill would incorporate additional changes to Section 65584.04 of the Government Code proposed
			 by SB 486 and AB 1275 to be operative only if this bill and either or both of those bills are enacted and this bill is enacted last.</html:p>
			<html:p>This bill would incorporate additional changes to Section 65585 of the Government Code proposed by AB 507 to be operative only if this bill and AB 507 are enacted and this bill is enacted last.</html:p>
			<html:p>
				(7)
				<html:span class="EnSpace"/>
				By imposing additional duties on local governments, this bill would create a state-mandated local program.
			</html:p>
			<html:p>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.</html:p>
			<html:p>This bill would provide that no reimbursement is required by this act for a specified reason.</html:p>
		</ns0:DigestText>
		<ns0:DigestKey>
			<ns0:VoteRequired>MAJORITY</ns0:VoteRequired>
			<ns0:Appropriation>NO</ns0:Appropriation>
			<ns0:FiscalCommittee>YES</ns0:FiscalCommittee>
			<ns0:LocalProgram>YES</ns0:LocalProgram>
		</ns0:DigestKey>
		<ns0:MeasureIndicators>
			<ns0:ImmediateEffect>NO</ns0:ImmediateEffect>
			<ns0:ImmediateEffectFlags>
				<ns0:Urgency>NO</ns0:Urgency>
				<ns0:TaxLevy>NO</ns0:TaxLevy>
				<ns0:Election>NO</ns0:Election>
				<ns0:UsualCurrentExpenses>NO</ns0:UsualCurrentExpenses>
				<ns0:BudgetBill>NO</ns0:BudgetBill>
				<ns0:Prop25TrailerBill>NO</ns0:Prop25TrailerBill>
			</ns0:ImmediateEffectFlags>
		</ns0:MeasureIndicators>
	</ns0:Description>
	<ns0:Bill id="bill">
		<ns0:Preamble>The people of the State of California do enact as follows:</ns0:Preamble>
		<ns0:BillSection id="id_1166ED73-CD10-4960-8944-9FF32B48ADF5">
			<ns0:Num>SECTION 1.</ns0:Num>
			<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:GOV:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'TITLE'%20and%20caml%3ANum%3D'7.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'1.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'3.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'10.6.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'65583.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
				Section 65583 of the 
				<ns0:DocName>Government Code</ns0:DocName>
				 is amended to read:
			</ns0:ActionLine>
			<ns0:Fragment>
				<ns0:LawSection id="id_DD6B2700-C18E-4B5A-962E-DB3ECEBE0A48">
					<ns0:Num>65583.</ns0:Num>
					<ns0:LawSectionVersion id="id_F20586C0-F05A-4165-A21D-EBC6D8E2C9D6">
						<ns0:Content>
							<html:p>The housing element shall consist of an identification and analysis of existing and projected housing needs and a statement of goals, policies, quantified objectives, financial resources, and scheduled programs for the preservation, improvement, and development of housing. The housing element shall identify adequate sites for housing, including rental housing, factory-built housing, mobilehomes, and emergency shelters, and shall make adequate provision for the existing and projected needs of all economic segments of the community. The housing element shall contain all of the following:</html:p>
							<html:p>
								(a)
								<html:span class="EnSpace"/>
								An assessment of housing needs and an inventory of resources and constraints that are relevant to the meeting of these needs.
						The assessment and inventory shall include all of the following:
							</html:p>
							<html:p>
								(1)
								<html:span class="EnSpace"/>
								An analysis of population and employment trends and documentation of projections and a quantification of the locality’s existing and projected housing needs for all income levels. These existing and projected needs shall include the locality’s share of the regional housing need in accordance with Section 65584.
							</html:p>
							<html:p>
								(2)
								<html:span class="EnSpace"/>
								An analysis and documentation of household characteristics, including level of payment compared to ability to pay, housing characteristics, including overcrowding, and housing stock condition.
							</html:p>
							<html:p>
								(3)
								<html:span class="EnSpace"/>
								An inventory of land suitable and available for residential development, including vacant sites and sites having realistic and demonstrated
						potential for redevelopment during the planning period to meet the locality’s housing need for a designated income level, and an analysis of the relationship of zoning and public facilities and services to these sites, and an analysis of the relationship of the sites identified in the land inventory to the jurisdiction’s duty to affirmatively further fair housing.
							</html:p>
							<html:p>
								(4)
								<html:span class="EnSpace"/>
								(A)
								<html:span class="EnSpace"/>
								The identification of one or more zoning designations that allow residential uses, including mixed uses, where emergency shelters are allowed as a permitted use without a conditional use or other discretionary permit and that are suitable for residential uses. The identified zoning designations shall include sufficient sites meeting the requirements of subparagraph (H) with sufficient capacity, as described in subparagraph (I), to accommodate the need for
						emergency shelter identified in paragraph (7), except that each local government shall identify a zoning designation or designations that can accommodate at least one year-round emergency shelter. If the local government cannot identify a zoning designation or designations with sufficient capacity, the local government shall include a program to amend its zoning ordinance to meet the requirements of this paragraph within one year of the adoption of the housing element. The local government may identify additional zoning designations where emergency shelters are permitted with a conditional use permit. The local government shall also demonstrate that existing or proposed permit processing, development, and management standards that apply to emergency shelters are objective and encourage and facilitate the development of, or conversion to, emergency shelters.
							</html:p>
							<html:p>
								(B)
								<html:span class="EnSpace"/>
								Emergency shelters shall only be subject to the following written, objective standards:
							</html:p>
							<html:p>
								(i)
								<html:span class="EnSpace"/>
								The maximum number of beds or persons permitted to be served nightly by the facility.
							</html:p>
							<html:p>
								(ii)
								<html:span class="EnSpace"/>
								Sufficient parking to accommodate all staff working in the emergency shelter, provided that the standards do not require more parking for emergency shelters than other residential or commercial uses within the same zone.
							</html:p>
							<html:p>
								(iii)
								<html:span class="EnSpace"/>
								The size and location of exterior and interior onsite waiting and client intake areas.
							</html:p>
							<html:p>
								(iv)
								<html:span class="EnSpace"/>
								The provision of onsite management.
							</html:p>
							<html:p>
								(v)
								<html:span class="EnSpace"/>
								The proximity to other emergency shelters,
						provided that emergency shelters are not required to be more than 300 feet apart.
							</html:p>
							<html:p>
								(vi)
								<html:span class="EnSpace"/>
								The length of stay.
							</html:p>
							<html:p>
								(vii)
								<html:span class="EnSpace"/>
								Lighting.
							</html:p>
							<html:p>
								(viii)
								<html:span class="EnSpace"/>
								Security during hours that the emergency shelter is in operation.
							</html:p>
							<html:p>
								(C)
								<html:span class="EnSpace"/>
								For purposes of this paragraph, “emergency shelter” shall include other interim interventions, including, but not limited to, a navigation center, bridge housing, and respite or recuperative care.
							</html:p>
							<html:p>
								(D)
								<html:span class="EnSpace"/>
								The permit processing, development, and management standards applied under this paragraph shall not be deemed to be discretionary acts within the meaning of the California Environmental Quality
						Act (Division 13 (commencing with Section 21000) of the Public Resources Code).
							</html:p>
							<html:p>
								(E)
								<html:span class="EnSpace"/>
								If a local government has adopted written, objective standards pursuant to subparagraph (B), the local government shall include an analysis of the standards in the analysis of constraints pursuant to paragraph (5).
							</html:p>
							<html:p>
								(F)
								<html:span class="EnSpace"/>
								A local government that can demonstrate, to the satisfaction of the department, the existence of one or more emergency shelters either within its jurisdiction or pursuant to a multijurisdictional agreement that can accommodate that jurisdiction’s need and the needs of the other jurisdictions that are a part of the agreement for emergency shelter identified in paragraph (7) may comply with the zoning requirements of subparagraph (A) by identifying a zoning designation where new
						emergency shelters are allowed with a conditional use permit.
							</html:p>
							<html:p>
								(G)
								<html:span class="EnSpace"/>
								A local government with an existing ordinance or ordinances that comply with this paragraph shall not be required to take additional action to identify zoning designations for emergency shelters. The housing element must only describe how existing ordinances, policies, and standards are consistent with the requirements of this paragraph.
							</html:p>
							<html:p>
								(H)
								<html:span class="EnSpace"/>
								The zoning designation or designations where emergency shelters are allowed, as described in subparagraph (A), shall include sites that meet at least one of the following standards:
							</html:p>
							<html:p>
								(i)
								<html:span class="EnSpace"/>
								Vacant sites zoned for residential use.
							</html:p>
							<html:p>
								(ii)
								<html:span class="EnSpace"/>
								Vacant sites zoned for
						nonresidential use that allow residential development, if the local government can demonstrate how the sites with this zoning designation that are being used to satisfy the requirements of paragraph (1) are located near amenities and services that serve people experiencing homelessness, which may include health care, transportation, retail, employment, and social services, or that the local government will provide free transportation to services or offer services onsite.
							</html:p>
							<html:p>
								(iii)
								<html:span class="EnSpace"/>
								Nonvacant sites zoned for residential use or for nonresidential use that allow residential development that are suitable for use as a shelter in the current planning period, or which can be redeveloped for use as a shelter in the current planning period. A nonvacant site with an existing use shall be presumed to impede emergency shelter development absent an analysis based on
						substantial evidence that the use is likely to be discontinued during the planning period. The analysis shall consider current market demand for the current uses, market conditions, and incentives or standards to encourage shelter development.
							</html:p>
							<html:p>
								(I)
								<html:span class="EnSpace"/>
								The zoning designation or designations shall have sufficient sites meeting the requirements of subparagraph (H) to accommodate the need for shelters identified pursuant to paragraph (7). The number of people experiencing homelessness that can be accommodated on any site shall be demonstrated by dividing the square footage of the site by a minimum of 200 square feet per person, unless the locality can demonstrate that one or more shelters were developed on sites that have fewer square feet per person during the prior planning period or the locality provides similar evidence to the department
						demonstrating that the site can accommodate more people experiencing homelessness. Any standard applied pursuant to this subparagraph is intended only for calculating site capacity pursuant to this section, and shall not be construed as establishing a development standard applicable to the siting, development, or approval of a shelter.
							</html:p>
							<html:p>
								(J)
								<html:span class="EnSpace"/>
								Notwithstanding subparagraph (H), a local government may accommodate the need for emergency shelters identified pursuant to paragraph (7) on sites owned by the local government if it demonstrates with substantial evidence that the sites will be made available for emergency shelter during the planning period, they are suitable for residential use, and the sites are located near amenities and services that serve people experiencing homelessness, which may include health care, transportation, retail,
						employment, and social services, or that the local government will
						provide free transportation to services or offer services onsite.
							</html:p>
							<html:p>
								(5)
								<html:span class="EnSpace"/>
								An analysis of potential and actual governmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the types of housing identified in paragraph (1) of subdivision (c), and for persons with disabilities as identified in the analysis pursuant to paragraph (7), including land use controls, building codes and their enforcement, site improvements, fees, and other exactions required of developers, local processing and permit procedures, historic preservation practices and policies and an assessment of how existing and proposed historic designations affect the locality’s ability to meet its share of the housing need pursuant to paragraph (1), and any locally adopted ordinances that directly impact the cost and supply of
						residential development. The analysis shall also demonstrate local efforts to remove governmental constraints that hinder the locality from meeting its share of the regional housing need in accordance with Section 65584 and from meeting the need for housing for persons with disabilities, supportive housing, transitional housing, and emergency shelters identified pursuant to paragraph (7).
							</html:p>
							<html:p>
								(6)
								<html:span class="EnSpace"/>
								An analysis of potential and actual nongovernmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the availability of financing, the price of land, the cost of construction, the requests to develop housing at densities below those anticipated in the analysis required by subdivision (c) of Section 65583.2, and the length of time between receiving approval for a housing development and
						submittal of an application for building permits for that housing development that hinder the construction of a locality’s share of the regional housing need in accordance with Section 65584. The analysis shall also demonstrate local efforts to remove nongovernmental constraints that create a gap between the locality’s planning for the development of housing for all income levels and the construction of that housing.
							</html:p>
							<html:p>
								(7)
								<html:span class="EnSpace"/>
								(A)
								<html:span class="EnSpace"/>
								An analysis of any special housing needs, such as those of the elderly; persons with disabilities, including a developmental disability, as defined in Section 4512 of the Welfare and Institutions Code; extremely low income households; large families; farmworkers; families with female heads of households; and families and persons in need of emergency shelter. The need for emergency shelter shall be
						assessed based on the capacity necessary to accommodate the most recent homeless point-in-time count conducted before the start of the planning period, the need for emergency shelter based on number of beds available on a year-round and seasonal basis, the number of shelter beds that go unused on an average monthly basis within a one-year period, and the percentage of those in emergency shelters that move to permanent housing solutions. The need for emergency shelter may be reduced by the number of supportive housing units that are identified in an adopted 10-year plan to end chronic homelessness and that are either vacant or for which funding has been identified to allow construction during the planning period. An analysis of special housing needs by a city or county may include an analysis of the need for frequent user coordinated care housing services.
							</html:p>
							<html:p>
								(B)
								<html:span class="EnSpace"/>
								For the seventh and subsequent revisions of the housing element, the analysis required in subparagraph (A) shall also include an analysis of the housing needs of acutely and extremely low income households.
							</html:p>
							<html:p>
								(8)
								<html:span class="EnSpace"/>
								An analysis of opportunities for energy conservation with respect to residential development. Cities and counties are encouraged to include weatherization and energy efficiency improvements as part of publicly subsidized housing rehabilitation projects. This may include energy efficiency measures that encompass the building envelope, its heating and cooling systems, and its electrical system.
							</html:p>
							<html:p>
								(9)
								<html:span class="EnSpace"/>
								An analysis of existing assisted housing developments that are eligible to change from low-income housing uses during the next 10 years due to termination of
						subsidy contracts, mortgage prepayment, or expiration of restrictions on use. “Assisted housing developments,” for the purpose of this section, shall mean multifamily rental housing that receives governmental assistance under federal programs listed in subdivision (a) of Section 65863.10, state and local multifamily revenue bond programs, local redevelopment programs, the federal Community Development Block Grant Program, or local in-lieu fees. “Assisted housing developments” shall also include multifamily rental units that were developed pursuant to a local inclusionary housing program or used to qualify for a density bonus pursuant to Section 65916.
							</html:p>
							<html:p>
								(A)
								<html:span class="EnSpace"/>
								The analysis shall include a listing of each development by project name and address, the type of governmental assistance received, the earliest possible date of change from
						low-income use, and the total number of elderly and nonelderly units that could be lost from the locality’s low-income housing stock in each year during the 10-year period. For purposes of state and federally funded projects, the analysis required by this subparagraph need only contain information available on a statewide basis.
							</html:p>
							<html:p>
								(B)
								<html:span class="EnSpace"/>
								The analysis shall estimate the total cost of producing new rental housing that is comparable in size and rent levels, to replace the units that could change from low-income use, and an estimated cost of preserving the assisted housing developments. This cost analysis for replacement housing may be done aggregately for each five-year period and does not have to contain a project-by-project cost estimate.
							</html:p>
							<html:p>
								(C)
								<html:span class="EnSpace"/>
								The analysis shall identify public and
						private nonprofit corporations known to the local government that have legal and managerial capacity to acquire and manage these housing developments.
							</html:p>
							<html:p>
								(D)
								<html:span class="EnSpace"/>
								The analysis shall identify and consider the use of all federal, state, and local financing and subsidy programs that can be used to preserve, for lower income households, the assisted housing developments, identified in this paragraph, including, but not limited to, federal Community Development Block Grant Program funds, tax increment funds received by a redevelopment agency of the community, and administrative fees received by a housing authority operating within the community. In considering the use of these financing and subsidy programs, the analysis shall identify the amounts of funds under each available program that have not been legally obligated for other purposes and
						that could be available for use in preserving assisted housing developments.
							</html:p>
							<html:p>
								(b)
								<html:span class="EnSpace"/>
								(1)
								<html:span class="EnSpace"/>
								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.
							</html:p>
							<html:p>
								(2)
								<html:span class="EnSpace"/>
								It is recognized that the total housing needs identified pursuant to subdivision (a) may exceed available resources and the community’s ability to satisfy this need within the content of the general plan requirements outlined in Article 5 (commencing with Section 65300). Under these circumstances, the quantified objectives need not be identical to the total housing needs. The quantified objectives shall establish the maximum number of housing units by income category
						that can be constructed, rehabilitated, and conserved over a five-year time period.
							</html:p>
							<html:p>
								(c)
								<html:span class="EnSpace"/>
								A program that sets forth a schedule of actions during the planning period, each with a timeline for implementation, that may recognize that certain programs are ongoing, such that there will be beneficial impacts of the programs within the planning period, that the local government is undertaking or intends to undertake to implement the policies and achieve the goals and objectives of the housing element through the administration of land use and development controls, the provision of regulatory concessions and incentives, the utilization of appropriate federal and state financing and subsidy programs when available, and the utilization of moneys in a low- and moderate-income housing fund of an agency if the locality has established a redevelopment project
						area pursuant to the Community Redevelopment Law (Division 24 (commencing with Section 33000) of the Health and Safety Code). In order to make adequate provision for the housing needs of all economic segments of the community, the program shall do all of the following:
							</html:p>
							<html:p>
								(1)
								<html:span class="EnSpace"/>
								Identify 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 city’s or county’s share of the regional housing need for all income levels that could not be accommodated on sites identified in the inventory completed pursuant to paragraph (3) of subdivision (a) without rezoning, and to comply with the requirements of Section 65584.09. Sites shall be identified as needed to affirmatively further fair housing and to
						facilitate and encourage the development of a variety of types of housing for all income levels, including multifamily rental housing, factory-built housing, mobilehomes, housing for agricultural employees, supportive housing, single-room occupancy units, emergency shelters, and transitional housing.
							</html:p>
							<html:p>
								(A)
								<html:span class="EnSpace"/>
								Where the inventory of sites, pursuant to paragraph (3) of subdivision (a), does not identify adequate sites to accommodate the need for groups of all household income levels pursuant to Section 65584, a program for rezoning of those sites, subject to the following deadlines:
							</html:p>
							<html:p>
								(i)
								<html:span class="EnSpace"/>
								For the adoption of the sixth revision of the housing element, jurisdictions with an eight-year housing element planning period pursuant to Section 65588, including adoption of minimum density and
						development standards or, for a jurisdiction in the coastal zone, any necessary local coastal program amendments related to land use designations, changes in intensity of land use, zoning ordinances, or zoning district maps, consistent with Sections 30512, 30512.2, 30513, and 30514 of the Public Resources Code, shall be completed no later than three years after either the date the housing element is adopted pursuant to subdivision (f) of Section 65585 or the date that is 90 days after receipt of comments from the department pursuant to subdivision (b) of Section 65585, whichever is earlier, unless the deadline is extended pursuant to subdivision (f). Notwithstanding the foregoing, for a local government that fails to adopt a housing element that the department has found to be in substantial compliance with this article within 120 days of the statutory deadline in Section 65588 for adoption of the
						housing element, rezoning of those sites, including adoption of minimum density and development standards or, for a jurisdiction in the coastal zone, any necessary local coastal program amendments related to land use designations, changes in intensity of land use, zoning ordinances, or zoning district maps, consistent with Sections 30512, 30512.2, 30513, and 30514 of the Public Resources Code, shall be completed no later than one year from the statutory deadline in Section 65588 for adoption of the housing element.
							</html:p>
							<html:p>
								(ii)
								<html:span class="EnSpace"/>
								For adoption of the seventh and all subsequent revisions of the housing element, rezonings shall be completed no later than one year from the statutory deadline in Section 65588 for adoption of the housing element.
							</html:p>
							<html:p>
								(iii)
								<html:span class="EnSpace"/>
								Notwithstanding clause (ii), for the
						adoption of the seventh and all subsequent revisions of the housing element, rezonings shall be completed no later than three years and 90 days after the statutory deadline in Section 65588 for adoption of the housing element, unless the deadline is extended pursuant to subdivision (f). This clause shall apply only if the local government complies with all of the following:
							</html:p>
							<html:p>
								(I)
								<html:span class="EnSpace"/>
								The local government submits a draft element or draft
						amendment to the department for review pursuant to paragraph (1) of subdivision (b) of Section 65585 at least 90 days before the statutory deadline established in Section 65588 for adoption of the housing element.
							</html:p>
							<html:p>
								(II)
								<html:span class="EnSpace"/>
								The local government receives from the department findings that the draft element or draft amendment substantially complies with this article pursuant to paragraph (3) of subdivision (b) of Section 65585 on or before the statutory deadline set forth in Section 65588 for adoption of the housing element.
							</html:p>
							<html:p>
								(III)
								<html:span class="EnSpace"/>
								The local government adopts the draft element or draft amendment that the department found to substantially comply with this article no later than 120 days after the statutory deadline set forth in Section 65588.
							</html:p>
							<html:p>
								(B)
								<html:span class="EnSpace"/>
								Where the inventory of sites, pursuant to paragraph (3) of subdivision (a), does not identify adequate sites to accommodate the need for groups of all household income levels pursuant to Section 65584, the program shall identify sites that can be developed for housing within the planning period pursuant to subdivision (h) of Section 65583.2. The identification of sites shall include all components specified in Section 65583.2.
							</html:p>
							<html:p>
								(C)
								<html:span class="EnSpace"/>
								Where the inventory of sites pursuant to paragraph (3) of subdivision (a) does not identify adequate sites to accommodate the need for farmworker housing, the program shall provide for sufficient sites to meet the need with zoning that permits farmworker housing use by right, including density and development standards that could accommodate and
						facilitate the feasibility of the development of farmworker housing for low- and very low income households.
							</html:p>
							<html:p>
								(2)
								<html:span class="EnSpace"/>
								(A)
								<html:span class="EnSpace"/>
								Assist in the development of adequate housing to meet the needs of extremely low, very low, low-, and moderate-income households.
							</html:p>
							<html:p>
								(B)
								<html:span class="EnSpace"/>
								For the seventh and subsequent revisions of the housing element, the program shall also assist in the development of adequate housing to meet the needs of acutely low income households.
							</html:p>
							<html:p>
								(3)
								<html:span class="EnSpace"/>
								Address and, where appropriate and legally possible, remove governmental and nongovernmental constraints to the maintenance, improvement, and development of housing, including housing for all income levels and housing for persons with disabilities. The program
						shall remove constraints to, and provide reasonable accommodations for housing designed for, intended for occupancy by, or with supportive services for, persons with disabilities. Transitional housing and supportive housing shall be considered a residential use of property and shall be subject only to those restrictions that apply to other residential dwellings of the same type in the same zone. Supportive housing, as defined in Section 65650, shall be a use by right in all zones where multifamily and mixed uses are permitted, as provided in Article 11 (commencing with Section 65650).
							</html:p>
							<html:p>
								(4)
								<html:span class="EnSpace"/>
								Conserve and improve the condition of the existing affordable housing stock, which may include addressing ways to mitigate the loss of dwelling units demolished by public or private action.
							</html:p>
							<html:p>
								(5)
								<html:span class="EnSpace"/>
								Promote and affirmatively further fair housing opportunities and promote housing throughout the community or communities for all persons regardless of race, religion, sex, marital status, ancestry, national origin, color, familial status, or disability, and other characteristics protected by the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2), Section 65008, and any other state and federal fair housing and planning law.
							</html:p>
							<html:p>
								(6)
								<html:span class="EnSpace"/>
								Preserve for lower income households the assisted housing developments identified pursuant to paragraph (9) of subdivision (a). The program for preservation of the assisted housing developments shall utilize, to the extent necessary, all available federal, state, and local financing and subsidy programs identified in paragraph (9) of
						subdivision (a), except where a community has other urgent needs for which alternative funding sources are not available. The program may include strategies that involve local regulation and technical assistance.
							</html:p>
							<html:p>
								(7)
								<html:span class="EnSpace"/>
								Develop a plan that incentivizes and promotes the creation of accessory dwelling units that can be offered at affordable rent, as defined in Section 50053 of the Health and Safety Code, for very low, low-, or moderate-income households. For purposes of this paragraph, “accessory dwelling units” has the same meaning as “accessory dwelling unit” as defined in subdivision (a) of Section 66313.
							</html:p>
							<html:p>
								(8)
								<html:span class="EnSpace"/>
								Include an identification of the agencies and officials responsible for the implementation of the various actions and the means by which consistency will be achieved
						with other general plan elements and community goals.
							</html:p>
							<html:p>
								(9)
								<html:span class="EnSpace"/>
								Include a diligent effort by the local government to achieve public participation of all economic segments of the community in the development of the housing element, and the program shall describe this effort.
							</html:p>
							<html:p>
								(10)
								<html:span class="EnSpace"/>
								(A)
								<html:span class="EnSpace"/>
								Affirmatively further fair housing in accordance with Chapter 15 (commencing with Section 8899.50) of Division 1 of Title 2. The program shall include an assessment of fair housing in the jurisdiction that shall include all of the following components:
							</html:p>
							<html:p>
								(i)
								<html:span class="EnSpace"/>
								A summary of fair housing issues in the jurisdiction and an assessment of the jurisdiction’s fair housing enforcement and fair housing outreach capacity.
							</html:p>
							<html:p>
								(ii)
								<html:span class="EnSpace"/>
								An analysis of available federal, state, and local data and knowledge to identify integration and segregation patterns and trends, racially or ethnically concentrated areas of poverty and affluence, disparities in access to opportunity, and disproportionate housing needs, including displacement risk. The analysis shall identify and examine such patterns, trends, areas, disparities, and needs, both within the jurisdiction and comparing the jurisdiction to the region in which it is located, based on race and other characteristics protected by the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2) and Section 65008.
							</html:p>
							<html:p>
								(iii)
								<html:span class="EnSpace"/>
								An assessment of the contributing factors, including the local and regional historical origins and
						current policies and practices, for the fair housing issues identified under clauses (i) and (ii).
							</html:p>
							<html:p>
								(iv)
								<html:span class="EnSpace"/>
								An identification of the jurisdiction’s fair housing priorities and goals, giving highest priority to those factors identified in clause (iii) that limit or deny fair housing choice or access to opportunity, or negatively impact fair housing or civil rights compliance, and identifying the metrics and milestones for determining what fair housing results will be achieved.
							</html:p>
							<html:p>
								(v)
								<html:span class="EnSpace"/>
								Strategies and actions to implement those priorities and goals, which may include, but are not limited to, enhancing mobility strategies and encouraging development of new affordable housing in areas of opportunity, as well as place-based strategies to encourage community revitalization, including
						preservation of existing affordable housing, and protecting existing residents from displacement.
							</html:p>
							<html:p>
								(B)
								<html:span class="EnSpace"/>
								A jurisdiction that completes or revises an assessment of fair housing pursuant to Subpart A (commencing with Section 5.150) of Part 5 of Subtitle A of Title 24 of the Code of Federal Regulations, as published in Volume 80 of the Federal Register, Number 136, page 42272, dated July 16, 2015, or an analysis of impediments to fair housing choice in accordance with the requirements of Section 91.225 of Title 24 of the Code of Federal Regulations in effect before August 17, 2015, may incorporate relevant portions of that assessment or revised assessment of fair housing or analysis or revised analysis of impediments to fair housing into its housing element.
							</html:p>
							<html:p>
								(C)
								<html:span class="EnSpace"/>
								(i)
								<html:span class="EnSpace"/>
								The requirements of this paragraph shall apply to housing elements due to be revised pursuant to Section 65588 on or after January 1, 2021.
							</html:p>
							<html:p>
								(ii)
								<html:span class="EnSpace"/>
								The assessment required pursuant to this paragraph shall be completed before the planning agency makes its first draft revision of a housing element available for public comment pursuant to subdivision (b) of Section 65585.
							</html:p>
							<html:p>
								(D)
								<html:span class="EnSpace"/>
								(i)
								<html:span class="EnSpace"/>
								On or before December 31, 2026, the department shall develop a standardized reporting format for programs and actions taken pursuant to this paragraph. The standardized reporting format shall enable the reporting of all of the assessment components listed in subparagraph (A) and, at a minimum, include all of the following fields:
							</html:p>
							<html:p>
								(I)
								<html:span class="EnSpace"/>
								Timelines for implementation.
							</html:p>
							<html:p>
								(II)
								<html:span class="EnSpace"/>
								Responsible party or parties.
							</html:p>
							<html:p>
								(III)
								<html:span class="EnSpace"/>
								Resources committed from the local budget to affirmatively further fair housing.
							</html:p>
							<html:p>
								(IV)
								<html:span class="EnSpace"/>
								Action areas.
							</html:p>
							<html:p>
								(V)
								<html:span class="EnSpace"/>
								Potential impacts of the program.
							</html:p>
							<html:p>
								(ii)
								<html:span class="EnSpace"/>
								A local government shall utilize the standardized report format developed pursuant to this subparagraph for the seventh and each subsequent revision of the housing element.
							</html:p>
							<html:p>
								(d)
								<html:span class="EnSpace"/>
								(1)
								<html:span class="EnSpace"/>
								A local government may satisfy all or part of its requirement to identify a zone or zones suitable for the development
						of emergency shelters pursuant to paragraph (4) of subdivision (a) by adopting and implementing a multijurisdictional agreement, with a maximum of two other adjacent communities, that requires the participating jurisdictions to develop at least one year-round emergency shelter within two years of the beginning of the planning period.
							</html:p>
							<html:p>
								(2)
								<html:span class="EnSpace"/>
								The agreement shall allocate a portion of the new shelter capacity to each jurisdiction as credit toward its emergency shelter need, and each jurisdiction shall describe how the capacity was allocated as part of its housing element.
							</html:p>
							<html:p>
								(3)
								<html:span class="EnSpace"/>
								Each member jurisdiction of a multijurisdictional agreement shall describe in its housing element all of the following:
							</html:p>
							<html:p>
								(A)
								<html:span class="EnSpace"/>
								How the joint facility will meet
						the jurisdiction’s emergency shelter need.
							</html:p>
							<html:p>
								(B)
								<html:span class="EnSpace"/>
								The jurisdiction’s contribution to the facility for both the development and ongoing operation and management of the facility.
							</html:p>
							<html:p>
								(C)
								<html:span class="EnSpace"/>
								The amount and source of the funding that the jurisdiction contributes to the facility.
							</html:p>
							<html:p>
								(4)
								<html:span class="EnSpace"/>
								The aggregate capacity claimed by the participating jurisdictions in their housing elements shall not exceed the actual capacity of the shelter.
							</html:p>
							<html:p>
								(e)
								<html:span class="EnSpace"/>
								Except as otherwise provided in this article, amendments to this article that alter the required content of a housing element shall apply to both of the following:
							</html:p>
							<html:p>
								(1)
								<html:span class="EnSpace"/>
								A
						housing element or housing element amendment prepared pursuant to subdivision (e) of Section 65588 or Section 65584.02, when a city, county, or city and county submits a draft to the department for review pursuant to Section 65585 more than 90 days after the effective date of the amendment to this section.
							</html:p>
							<html:p>
								(2)
								<html:span class="EnSpace"/>
								Any housing element or housing element amendment
						prepared pursuant to subdivision (e) of Section 65588 or Section 65584.02, when the city, county, or city and county fails to submit the first draft to the department before the due date specified in Section 65588 or 65584.02.
							</html:p>
							<html:p>
								(f)
								<html:span class="EnSpace"/>
								The deadline for completing required rezoning pursuant to subparagraph (A) of paragraph (1) of subdivision (c) shall be extended by one year if the local government has completed the rezoning at densities sufficient to accommodate at least 75 percent of the units for lower income households and if the legislative body at the conclusion of a public hearing determines, based upon substantial evidence, that any of the following circumstances exists:
							</html:p>
							<html:p>
								(1)
								<html:span class="EnSpace"/>
								The local government has been unable to complete the rezoning because of the action or
						inaction beyond the control of the local government of any other state, federal, or local agency.
							</html:p>
							<html:p>
								(2)
								<html:span class="EnSpace"/>
								The local government is unable to complete the rezoning because of infrastructure deficiencies due to fiscal or regulatory constraints.
							</html:p>
							<html:p>
								(3)
								<html:span class="EnSpace"/>
								The local government must undertake a major revision to its general plan in order to accommodate the housing-related policies of a sustainable communities strategy or an alternative planning strategy adopted pursuant to Section 65080.
							</html:p>
							<html:p>The resolution and the findings shall be transmitted to the department together with a detailed budget and schedule for preparation and adoption of the required rezonings, including plans for citizen participation and expected interim action. The schedule shall provide for
						adoption of the required rezoning within one year of the adoption of the resolution.</html:p>
							<html:p>
								(g)
								<html:span class="EnSpace"/>
								(1)
								<html:span class="EnSpace"/>
								If a local government fails to complete the rezoning by the deadline provided in subparagraph (A) of paragraph (1) of subdivision (c), as it may be extended pursuant to subdivision (f), except as provided in paragraph (2), a local government may not disapprove a housing development project, nor require a conditional use permit, planned unit development permit, or other locally imposed discretionary permit, or impose a condition that would render the project infeasible, if the housing development project, (A) is proposed to be located on a site required to be rezoned pursuant to the program action required by that subparagraph and, (B) complies with applicable, objective general plan and zoning standards and criteria, including
						design review standards, described in the program action required by that subparagraph. Any subdivision of sites shall be subject to the Subdivision Map Act (Division 2 (commencing with Section 66410)). Design review shall not constitute a “project” for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code.
							</html:p>
							<html:p>
								(2)
								<html:span class="EnSpace"/>
								A local government may disapprove a housing development described in paragraph (1) if it makes written findings supported by substantial evidence on the record that both of the following conditions exist:
							</html:p>
							<html:p>
								(A)
								<html:span class="EnSpace"/>
								The housing development project would have a specific, adverse impact upon the public health or safety unless the project is disapproved or approved upon the condition that the project be developed at a lower density. As
						used in this paragraph, a “specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.
							</html:p>
							<html:p>
								(B)
								<html:span class="EnSpace"/>
								There is no feasible method to satisfactorily mitigate or
						avoid the adverse impact identified pursuant to paragraph (1), other than the disapproval of the housing development project or the approval of the project upon the condition that it be developed at a lower density.
							</html:p>
							<html:p>
								(3)
								<html:span class="EnSpace"/>
								The applicant or any interested person may bring an action to enforce this subdivision. If a court finds that the local agency disapproved a project or conditioned its approval in violation of this subdivision, the court shall issue an order or judgment compelling compliance within 60 days. The court shall retain jurisdiction to ensure that its order or judgment is carried out. If the court determines that its order or judgment has not been carried out within 60 days, the court may issue further orders to ensure that the purposes and policies of this subdivision are fulfilled. In any such action, the city,
						county, or city and county shall bear the burden of proof.
							</html:p>
							<html:p>
								(4)
								<html:span class="EnSpace"/>
								For purposes of this subdivision, “housing development project” means a project to construct residential units for which the project developer provides sufficient legal commitments to the appropriate local agency to ensure the continued availability and use of at least 49 percent of the housing units for very low, low-, and moderate-income households with an affordable housing cost or affordable rent, as defined in Section 50052.5 or 50053 of the Health and Safety Code, respectively, for the period required by the applicable financing.
							</html:p>
							<html:p>
								(h)
								<html:span class="EnSpace"/>
								An action to enforce the program actions of the housing element shall be brought pursuant to Section 1085 of the Code of Civil Procedure.
							</html:p>
							<html:p>
								(i)
								<html:span class="EnSpace"/>
								Notwithstanding any other law, the otherwise applicable timeframe set forth in paragraph (2) of subdivision (b) and subdivision (d) of Section 21080.3.1 of the Public Resources Code, and paragraph (3) of subdivision (d) of Section 21082.3 of the Public Resources Code, for a Native American tribe to respond to a lead agency and request consultation in writing is extended by 30 days for any housing development project application determined or deemed to be complete on or after March 4, 2020, and prior to December 31, 2021.
							</html:p>
							<html:p>
								(j)
								<html:span class="EnSpace"/>
								On or after January 1, 2024, at the discretion of the department, the analysis of government constraints pursuant to paragraph (5) of subdivision (a) may include an analysis of constraints upon the maintenance, improvement, or development of housing for
						persons with a characteristic identified in subdivision (b) of Section 51 of the Civil Code. The implementation of this subdivision is contingent upon an appropriation by the Legislature in the annual Budget Act or another statute for this purpose.
							</html:p>
						</ns0:Content>
					</ns0:LawSectionVersion>
				</ns0:LawSection>
			</ns0:Fragment>
		</ns0:BillSection>
		<ns0:BillSection id="id_12B1686C-532E-4059-8B9E-805CEC4B9C8D">
			<ns0:Num>SEC. 1.1.</ns0:Num>
			<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:GOV:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'TITLE'%20and%20caml%3ANum%3D'7.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'1.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'3.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'10.6.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'65583.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
				Section 65583 of the 
				<ns0:DocName>Government Code</ns0:DocName>
				 is amended to read:
			</ns0:ActionLine>
			<ns0:Fragment>
				<ns0:LawSection id="id_4DF94B40-A327-4B37-BC47-132F5FE0A143">
					<ns0:Num>65583.</ns0:Num>
					<ns0:LawSectionVersion id="id_8FD34E29-1626-428E-BCA4-EABD0FB7AA63">
						<ns0:Content>
							<html:p>The housing element shall consist of an identification and analysis of existing and projected housing needs and a statement of goals, policies, quantified objectives, financial resources, and scheduled programs for the preservation, improvement, and development of housing. The housing element shall identify adequate sites for housing, including rental housing, factory-built housing, mobilehomes, and emergency shelters, and shall make adequate provision for the existing and projected needs of all economic segments of the community. The housing element shall contain all of the following:</html:p>
							<html:p>
								(a)
								<html:span class="EnSpace"/>
								An assessment of housing needs and an inventory of resources and constraints that are relevant to the meeting of these needs. The assessment and inventory shall include all of the following:
							</html:p>
							<html:p>
								(1)
								<html:span class="EnSpace"/>
								An analysis of population and employment trends and documentation of projections and a quantification of the locality’s existing and projected housing needs for all income levels. These existing and projected needs shall include the locality’s share of the regional housing need in accordance with Section 65584.
							</html:p>
							<html:p>
								(2)
								<html:span class="EnSpace"/>
								An analysis and documentation of household characteristics, including level of payment compared to ability to pay, housing characteristics, including overcrowding, and housing stock condition.
							</html:p>
							<html:p>
								(3)
								<html:span class="EnSpace"/>
								An inventory of land suitable and available for residential development, including vacant sites and sites having realistic and demonstrated potential for redevelopment during the planning period to meet the locality’s housing need for a designated income level, and an analysis of the relationship of zoning and
						public facilities and services to these sites, and an analysis of the relationship of the sites identified in the land inventory to the jurisdiction’s duty to affirmatively further fair housing.
							</html:p>
							<html:p>
								(4)
								<html:span class="EnSpace"/>
								(A)
								<html:span class="EnSpace"/>
								The identification of one or more zoning designations that allow residential uses, including mixed uses, where emergency shelters are allowed as a permitted use without a conditional use or other discretionary permit and that are suitable for residential uses. The identified zoning designations shall include sufficient sites meeting the requirements of subparagraph (H) with sufficient capacity, as described in subparagraph (I), to accommodate the need for emergency shelter identified in paragraph (7), except that each local government shall identify a zoning designation or designations that can accommodate at least one year-round emergency shelter. If the local government cannot identify a zoning designation or designations
						with sufficient capacity, the local government shall include a program to amend its zoning ordinance to meet the requirements of this paragraph within one year of the adoption of the housing element. The local government may identify additional zoning designations where emergency shelters are permitted with a conditional use permit. The local government shall also demonstrate that existing or proposed permit processing, development, and management standards that apply to emergency shelters are objective and encourage and facilitate the development of, or conversion to, emergency shelters.
							</html:p>
							<html:p>
								(B)
								<html:span class="EnSpace"/>
								Emergency shelters shall only be subject to the following written, objective standards:
							</html:p>
							<html:p>
								(i)
								<html:span class="EnSpace"/>
								The maximum number of beds or persons permitted to be served nightly by the facility.
							</html:p>
							<html:p>
								(ii)
								<html:span class="EnSpace"/>
								Sufficient parking to accommodate all staff
						working in the emergency shelter, provided that the standards do not require more parking for emergency shelters than other residential or commercial uses within the same zone.
							</html:p>
							<html:p>
								(iii)
								<html:span class="EnSpace"/>
								The size and location of exterior and interior onsite waiting and client intake areas.
							</html:p>
							<html:p>
								(iv)
								<html:span class="EnSpace"/>
								The provision of onsite management.
							</html:p>
							<html:p>
								(v)
								<html:span class="EnSpace"/>
								The proximity to other emergency shelters, provided that emergency shelters are not required to be more than 300 feet apart.
							</html:p>
							<html:p>
								(vi)
								<html:span class="EnSpace"/>
								The length of stay.
							</html:p>
							<html:p>
								(vii)
								<html:span class="EnSpace"/>
								Lighting.
							</html:p>
							<html:p>
								(viii)
								<html:span class="EnSpace"/>
								Security during hours that the emergency shelter is in operation.
							</html:p>
							<html:p>
								(C)
								<html:span class="EnSpace"/>
								For
						purposes of this paragraph, “emergency shelter” shall include other interim interventions, including, but not limited to, a navigation center, bridge housing, and respite or recuperative care.
							</html:p>
							<html:p>
								(D)
								<html:span class="EnSpace"/>
								The permit processing, development, and management standards applied under this paragraph shall not be deemed to be discretionary acts within the meaning of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).
							</html:p>
							<html:p>
								(E)
								<html:span class="EnSpace"/>
								If a local government has adopted written, objective standards pursuant to subparagraph (B), the local government shall include an analysis of the standards in the analysis of constraints pursuant to paragraph (5).
							</html:p>
							<html:p>
								(F)
								<html:span class="EnSpace"/>
								A local government that can demonstrate, to the satisfaction of the department, the existence of one or more emergency shelters either
						within its jurisdiction or pursuant to a multijurisdictional agreement that can accommodate that jurisdiction’s need and the needs of the other jurisdictions that are a part of the agreement for emergency shelter identified in paragraph (7) may comply with the zoning requirements of subparagraph (A) by identifying a zoning designation where new emergency shelters are allowed with a conditional use permit.
							</html:p>
							<html:p>
								(G)
								<html:span class="EnSpace"/>
								A local government with an existing ordinance or ordinances that comply with this paragraph shall not be required to take additional action to identify zoning designations for emergency shelters. The housing element must only describe how existing ordinances, policies, and standards are consistent with the requirements of this paragraph.
							</html:p>
							<html:p>
								(H)
								<html:span class="EnSpace"/>
								The zoning designation or designations where emergency shelters are allowed, as described in subparagraph (A), shall include sites that
						meet at least one of the following standards:
							</html:p>
							<html:p>
								(i)
								<html:span class="EnSpace"/>
								Vacant sites zoned for residential use.
							</html:p>
							<html:p>
								(ii)
								<html:span class="EnSpace"/>
								Vacant sites zoned for nonresidential use that allow residential development, if the local government can demonstrate how the sites with this zoning designation that are being used to satisfy the requirements of paragraph (1) are located near amenities and services that serve people experiencing homelessness, which may include health care, transportation, retail, employment, and social services, or that the local government will provide free transportation to services or offer services onsite.
							</html:p>
							<html:p>
								(iii)
								<html:span class="EnSpace"/>
								Nonvacant sites zoned for residential use or for nonresidential use that allow residential development that are suitable for use as a shelter in the current planning period, or which can be redeveloped for use as a shelter in
						the current planning period. A nonvacant site with an existing use shall be presumed to impede emergency shelter development absent an analysis based on substantial evidence that the use is likely to be discontinued during the planning period. The analysis shall consider current market demand for the current uses, market conditions, and incentives or standards to encourage shelter development.
							</html:p>
							<html:p>
								(I)
								<html:span class="EnSpace"/>
								The zoning designation or designations shall have sufficient sites meeting the requirements of subparagraph (H) to accommodate the need for shelters identified pursuant to paragraph (7). The number of people experiencing homelessness that can be accommodated on any site shall be demonstrated by dividing the square footage of the site by a minimum of 200 square feet per person, unless the locality can demonstrate that one or more shelters were developed on sites that have fewer square feet per person during the prior planning period or the locality
						provides similar evidence to the department demonstrating that the site can accommodate more people experiencing homelessness. Any standard applied pursuant to this subparagraph is intended only for calculating site capacity pursuant to this section, and shall not be construed as establishing a development standard applicable to the siting, development, or approval of a shelter.
							</html:p>
							<html:p>
								(J)
								<html:span class="EnSpace"/>
								Notwithstanding subparagraph (H), a local government may accommodate the need for emergency shelters identified pursuant to paragraph (7) on sites owned by the local government if it demonstrates with substantial evidence that the sites will be made available for emergency shelter during the planning period, they are suitable for residential use, and the sites are located near amenities and services that serve people experiencing homelessness, which may include health care, transportation, retail, employment, and social services, or that the local government will
						provide free transportation to services or offer services onsite.
							</html:p>
							<html:p>
								(5)
								<html:span class="EnSpace"/>
								An analysis of potential and actual governmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the types of housing identified in paragraph (1) of subdivision (c), and for persons with disabilities as identified in the analysis pursuant to paragraph (7), including land use controls, building codes and their enforcement, site improvements, fees, and other exactions required of developers, local processing and permit procedures, historic preservation practices and policies and an assessment of how existing and proposed historic designations affect the locality’s ability to meet its share of the housing need pursuant to paragraph (1), and any locally adopted ordinances that directly impact the cost and supply of residential development.
							</html:p>
							<html:p>
								(A)
								<html:span class="EnSpace"/>
								The analysis shall also demonstrate local efforts to remove governmental constraints that hinder the locality from meeting its share of the regional housing need in accordance with Section 65584 and from meeting the need for housing for persons with disabilities, supportive housing, transitional housing, and emergency shelters identified pursuant to paragraph (7).
							</html:p>
							<html:p>
								(B)
								<html:span class="EnSpace"/>
								(i)
								<html:span class="EnSpace"/>
								For adoption of the seventh and all subsequent revisions of the housing element, the analysis shall also include a potential and actual governmental constraints disclosure statement containing both of the following:
							</html:p>
							<html:p>
								(I)
								<html:span class="EnSpace"/>
								An identification of each new or amended potential or actual governmental constraint, or revision increasing the stringency of a governmental constraint, adopted after the due date of the previous housing
						element and before submittal of the current draft housing element to the department.
							</html:p>
							<html:p>
								(II)
								<html:span class="EnSpace"/>
								An identification of any new or amended potential or actual governmental constraint, or revision increasing the stringency of a governmental constraint, that the governing body of the local government can anticipate adopting during the first three years of the planning period commencing on the date that a local agency’s housing element is considered to be in substantial compliance pursuant to Section 65585.03.
							</html:p>
							<html:p>
								(ii)
								<html:span class="EnSpace"/>
								For the purposes of this subparagraph, “anticipate adopting” means a legislative body of the local government had, after the due date of the previous housing element and before submittal of the current draft housing element, identified in an agenda published by a legislative body of the local government pursuant to the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950)
						of Part 1 of Division 2 of Title 5) an action to consider the adoption, amendment, or increase in the stringency of a potential or actual governmental constraint.
							</html:p>
							<html:p>
								(iii)
								<html:span class="EnSpace"/>
								This subparagraph shall not be construed to prohibit a local government from adopting, amending, or increasing the stringency of a potential or actual governmental constraint regardless of whether it was included in a potential and actual governmental constraints disclosure statement pursuant to this subparagraph.
							</html:p>
							<html:p>
								(6)
								<html:span class="EnSpace"/>
								An analysis of potential and actual nongovernmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the availability of financing, the price of land, the cost of construction, the requests to develop housing at densities below those anticipated in the analysis required by subdivision (c) of Section 65583.2, and the
						length of time between receiving approval for a housing development and submittal of an application for building permits for that housing development that hinder the construction of a locality’s share of the regional housing need in accordance with Section 65584. The analysis shall also demonstrate local efforts to remove nongovernmental constraints that create a gap between the locality’s planning for the development of housing for all income levels and the construction of that housing.
							</html:p>
							<html:p>
								(7)
								<html:span class="EnSpace"/>
								(A)
								<html:span class="EnSpace"/>
								An analysis of any special housing needs, such as those of the elderly; persons with disabilities, including a developmental disability, as defined in Section 4512 of the Welfare and Institutions Code; extremely low income households; large families; farmworkers; families with female heads of households; and families and persons in need of emergency shelter. The need for emergency shelter shall be assessed based on the capacity
						necessary to accommodate the most recent homeless point-in-time count conducted before the start of the planning period, the need for emergency shelter based on number of beds available on a year-round and seasonal basis, the number of shelter beds that go unused on an average monthly basis within a one-year period, and the percentage of those in emergency shelters that move to permanent housing solutions. The need for emergency shelter may be reduced by the number of supportive housing units that are identified in an adopted 10-year plan to end chronic homelessness and that are either vacant or for which funding has been identified to allow construction during the planning period. An analysis of special housing needs by a city or county may include an analysis of the need for frequent user coordinated care housing services.
							</html:p>
							<html:p>
								(B)
								<html:span class="EnSpace"/>
								For the seventh and subsequent revisions of the housing element, the analysis required in subparagraph (A) shall also
						include an analysis of the housing needs of acutely and extremely low income households.
							</html:p>
							<html:p>
								(8)
								<html:span class="EnSpace"/>
								An analysis of opportunities for energy conservation with respect to residential development. Cities and counties are encouraged to include weatherization and energy efficiency improvements as part of publicly subsidized housing rehabilitation projects. This may include energy efficiency measures that encompass the building envelope, its heating and cooling systems, and its electrical system.
							</html:p>
							<html:p>
								(9)
								<html:span class="EnSpace"/>
								An analysis of existing assisted housing developments that are eligible to change from low-income housing uses during the next 10 years due to termination of subsidy contracts, mortgage prepayment, or expiration of restrictions on use. “Assisted housing developments,” for the purpose of this section, shall mean multifamily rental housing that receives governmental assistance under federal programs
						listed in subdivision (a) of Section 65863.10, state and local multifamily revenue bond programs, local redevelopment programs, the federal Community Development Block Grant Program, or local in-lieu fees. “Assisted housing developments” shall also include multifamily rental units that were developed pursuant to a local inclusionary housing program or used to qualify for a density bonus pursuant to Section 65916.
							</html:p>
							<html:p>
								(A)
								<html:span class="EnSpace"/>
								The analysis shall include a listing of each development by project name and address, the type of governmental assistance received, the earliest possible date of change from low-income use, and the total number of elderly and nonelderly units that could be lost from the locality’s low-income housing stock in each year during the 10-year period. For purposes of state and federally funded projects, the analysis required by this subparagraph need only contain information available on a statewide basis.
							</html:p>
							<html:p>
								(B)
								<html:span class="EnSpace"/>
								The analysis shall estimate the total cost of producing new rental housing that is comparable in size and rent levels, to replace the units that could change from low-income use, and an estimated cost of preserving the assisted housing developments. This cost analysis for replacement housing may be done aggregately for each five-year period and does not have to contain a project-by-project cost estimate.
							</html:p>
							<html:p>
								(C)
								<html:span class="EnSpace"/>
								The analysis shall identify public and private nonprofit corporations known to the local government that have legal and managerial capacity to acquire and manage these housing developments.
							</html:p>
							<html:p>
								(D)
								<html:span class="EnSpace"/>
								The analysis shall identify and consider the use of all federal, state, and local financing and subsidy programs that can be used to preserve, for lower income households, the assisted housing developments, identified in
						this paragraph, including, but not limited to, federal Community Development Block Grant Program funds, tax increment funds received by a redevelopment agency of the community, and administrative fees received by a housing authority operating within the community. In considering the use of these financing and subsidy programs, the analysis shall identify the amounts of funds under each available program that have not been legally obligated for other purposes and that could be available for use in preserving assisted housing developments.
							</html:p>
							<html:p>
								(b)
								<html:span class="EnSpace"/>
								(1)
								<html:span class="EnSpace"/>
								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.
							</html:p>
							<html:p>
								(2)
								<html:span class="EnSpace"/>
								It is recognized that the total housing needs identified pursuant to subdivision (a) may exceed available
						resources and the community’s ability to satisfy this need within the content of the general plan requirements outlined in Article 5 (commencing with Section 65300). Under these circumstances, the quantified objectives need not be identical to the total housing needs. The quantified objectives shall establish the maximum number of housing units by income category that can be constructed, rehabilitated, and conserved over a five-year time period.
							</html:p>
							<html:p>
								(c)
								<html:span class="EnSpace"/>
								A program that sets forth a schedule of actions during the planning period, each with a timeline for implementation, that may recognize that certain programs are ongoing, such that there will be beneficial impacts of the programs within the planning period, that the local government is undertaking or intends to undertake to implement the policies and achieve the goals and objectives of the housing element through the administration of land use and development controls, the provision of regulatory
						concessions and incentives, the utilization of appropriate federal and state financing and subsidy programs when available, and the utilization of moneys in a low- and moderate-income housing fund of an agency if the locality has established a redevelopment project area pursuant to the Community Redevelopment Law (Division 24 (commencing with Section 33000) of the Health and Safety Code). In order to make adequate provision for the housing needs of all economic segments of the community, the program shall do all of the following:
							</html:p>
							<html:p>
								(1)
								<html:span class="EnSpace"/>
								Identify 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 city’s or county’s share of the regional housing need for all income levels that could not be accommodated on sites identified in the inventory completed pursuant to paragraph (3) of subdivision (a) without
						rezoning, and to comply with the requirements of Section 65584.09. Sites shall be identified as needed to affirmatively further fair housing and to facilitate and encourage the development of a variety of types of housing for all income levels, including multifamily rental housing, factory-built housing, mobilehomes, housing for agricultural employees, supportive housing, single-room occupancy units, emergency shelters, and transitional housing.
							</html:p>
							<html:p>
								(A)
								<html:span class="EnSpace"/>
								Where the inventory of sites, pursuant to paragraph (3) of subdivision (a), does not identify adequate sites to accommodate the need for groups of all household income levels pursuant to Section 65584, a program for rezoning of those sites, subject to the following deadlines:
							</html:p>
							<html:p>
								(i)
								<html:span class="EnSpace"/>
								For the adoption of the sixth revision of the housing element, jurisdictions with an eight-year housing element planning period pursuant to Section 65588,
						including adoption of minimum density and development standards or, for a jurisdiction in the coastal zone, any necessary local coastal program amendments related to land use designations, changes in intensity of land use, zoning ordinances, or zoning district maps, consistent with Sections 30512, 30512.2, 30513, and 30514 of the Public Resources Code, shall be completed no later than three years after either the date the housing element is adopted pursuant to subdivision (f) of Section 65585 or the date that is 90 days after receipt of comments from the department pursuant to subdivision (b) of Section 65585, whichever is earlier, unless the deadline is extended pursuant to subdivision (f). Notwithstanding the foregoing, for a local government that fails to adopt a housing element that the department has found to be in substantial compliance with this article within 120 days of the statutory deadline in Section 65588 for adoption of the housing element, rezoning of those sites, including adoption of minimum
						density and development standards or, for a jurisdiction in the coastal zone, any necessary local coastal program amendments related to land use designations, changes in intensity of land use, zoning ordinances, or zoning district maps, consistent with Sections 30512, 30512.2, 30513, and 30514 of the Public Resources Code, shall be completed no later than one year from the statutory deadline in Section 65588 for adoption of the housing element.
							</html:p>
							<html:p>
								(ii)
								<html:span class="EnSpace"/>
								For adoption of the seventh and all subsequent revisions of the housing element, rezonings shall be completed no later than one year from the statutory deadline in Section 65588 for adoption of the housing element.
							</html:p>
							<html:p>
								(iii)
								<html:span class="EnSpace"/>
								Notwithstanding clause (ii), for the adoption of the seventh and all subsequent revisions of the housing element, rezonings shall be completed no later than three years and 90 days after the statutory deadline in
						Section 65588 for adoption of the housing element, unless the deadline is extended pursuant to subdivision (f). This clause shall apply only if the local government complies with all of the following:
							</html:p>
							<html:p>
								(I)
								<html:span class="EnSpace"/>
								The local government submits a draft element or draft amendment to the department for review pursuant to paragraph (1) of subdivision (b) of Section 65585 at least 90 days before the statutory deadline established in Section 65588 for adoption of the housing element.
							</html:p>
							<html:p>
								(II)
								<html:span class="EnSpace"/>
								The local government receives from the department findings that the draft element or draft amendment substantially complies with this article pursuant to paragraph (3) of subdivision (b) of Section 65585 on or before the statutory deadline set forth in Section 65588 for adoption of the housing element.
							</html:p>
							<html:p>
								(III)
								<html:span class="EnSpace"/>
								The local government adopts the draft
						element or draft amendment that the department found to substantially comply with this article no later than 120 days after the statutory deadline set forth in Section 65588.
							</html:p>
							<html:p>
								(B)
								<html:span class="EnSpace"/>
								Where the inventory of sites, pursuant to paragraph (3) of subdivision (a), does not identify adequate sites to accommodate the need for groups of all household income levels pursuant to Section 65584, the program shall identify sites that can be developed for housing within the planning period pursuant to subdivision (h) of Section 65583.2. The identification of sites shall include all components specified in Section 65583.2.
							</html:p>
							<html:p>
								(C)
								<html:span class="EnSpace"/>
								Where the inventory of sites pursuant to paragraph (3) of subdivision (a) does not identify adequate sites to accommodate the need for farmworker housing, the program shall provide for sufficient sites to meet the need with zoning that permits farmworker housing use by right,
						including density and development standards that could accommodate and facilitate the feasibility of the development of farmworker housing for low- and very low income households.
							</html:p>
							<html:p>
								(2)
								<html:span class="EnSpace"/>
								(A)
								<html:span class="EnSpace"/>
								Assist in the development of adequate housing to meet the needs of extremely low, very low, low-, and moderate-income households.
							</html:p>
							<html:p>
								(B)
								<html:span class="EnSpace"/>
								For the seventh and subsequent revisions of the housing element, the program shall also assist in the development of adequate housing to meet the needs of acutely low income households.
							</html:p>
							<html:p>
								(3)
								<html:span class="EnSpace"/>
								Address and, where appropriate and legally possible, remove governmental and nongovernmental constraints to the maintenance, improvement, and development of housing, including housing for all income levels and housing for persons with disabilities. The program shall remove constraints to, and
						provide reasonable accommodations for housing designed for, intended for occupancy by, or with supportive services for, persons with disabilities. Transitional housing and supportive housing shall be considered a residential use of property and shall be subject only to those restrictions that apply to other residential dwellings of the same type in the same zone. Supportive housing, as defined in Section 65650, shall be a use by right in all zones where multifamily and mixed uses are permitted, as provided in Article 11 (commencing with Section 65650).
							</html:p>
							<html:p>
								(4)
								<html:span class="EnSpace"/>
								Conserve and improve the condition of the existing affordable housing stock, which may include addressing ways to mitigate the loss of dwelling units demolished by public or private action.
							</html:p>
							<html:p>
								(5)
								<html:span class="EnSpace"/>
								Promote and affirmatively further fair housing opportunities and promote housing throughout the community or communities for all persons
						regardless of race, religion, sex, marital status, ancestry, national origin, color, familial status, or disability, and other characteristics protected by the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2), Section 65008, and any other state and federal fair housing and planning law.
							</html:p>
							<html:p>
								(6)
								<html:span class="EnSpace"/>
								Preserve for lower income households the assisted housing developments identified pursuant to paragraph (9) of subdivision (a). The program for preservation of the assisted housing developments shall utilize, to the extent necessary, all available federal, state, and local financing and subsidy programs identified in paragraph (9) of subdivision (a), except where a community has other urgent needs for which alternative funding sources are not available. The program may include strategies that involve local regulation and technical assistance.
							</html:p>
							<html:p>
								(7)
								<html:span class="EnSpace"/>
								Develop a plan that incentivizes and promotes the creation of accessory dwelling units that can be offered at affordable rent, as defined in Section 50053 of the Health and Safety Code, for very low, low-, or moderate-income households. For purposes of this paragraph, “accessory dwelling units” has the same meaning as “accessory dwelling unit” as defined in subdivision (a) of Section 66313.
							</html:p>
							<html:p>
								(8)
								<html:span class="EnSpace"/>
								Include an identification of the agencies and officials responsible for the implementation of the various actions and the means by which consistency will be achieved with other general plan elements and community goals.
							</html:p>
							<html:p>
								(9)
								<html:span class="EnSpace"/>
								Include a diligent effort by the local government to achieve public participation of all economic segments of the community in the development of the housing element, and the program shall describe this effort.
							</html:p>
							<html:p>
								(10)
								<html:span class="EnSpace"/>
								(A)
								<html:span class="EnSpace"/>
								Affirmatively further fair housing in accordance with Chapter 15 (commencing with Section 8899.50) of Division 1 of Title 2. The program shall include an assessment of fair housing in the jurisdiction that shall include all of the following components:
							</html:p>
							<html:p>
								(i)
								<html:span class="EnSpace"/>
								A summary of fair housing issues in the jurisdiction and an assessment of the jurisdiction’s fair housing enforcement and fair housing outreach capacity.
							</html:p>
							<html:p>
								(ii)
								<html:span class="EnSpace"/>
								An analysis of available federal, state, and local data and knowledge to identify integration and segregation patterns and trends, racially or ethnically concentrated areas of poverty and affluence, disparities in access to opportunity, and disproportionate housing needs, including displacement risk. The analysis shall identify and examine such patterns, trends, areas, disparities,
						and needs, both within the jurisdiction and comparing the jurisdiction to the region in which it is located, based on race and other characteristics protected by the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2) and Section 65008.
							</html:p>
							<html:p>
								(iii)
								<html:span class="EnSpace"/>
								An assessment of the contributing factors, including the local and regional historical origins and current policies and practices, for the fair housing issues identified under clauses (i) and (ii).
							</html:p>
							<html:p>
								(iv)
								<html:span class="EnSpace"/>
								An identification of the jurisdiction’s fair housing priorities and goals, giving highest priority to those factors identified in clause (iii) that limit or deny fair housing choice or access to opportunity, or negatively impact fair housing or civil rights compliance, and identifying the metrics and milestones for determining what fair housing results will be achieved.
							</html:p>
							<html:p>
								(v)
								<html:span class="EnSpace"/>
								Strategies and actions to implement those priorities and goals, which may include, but are not limited to, enhancing mobility strategies and encouraging development of new affordable housing in areas of opportunity, as well as place-based strategies to encourage community revitalization, including preservation of existing affordable housing, and protecting existing residents from displacement.
							</html:p>
							<html:p>
								(B)
								<html:span class="EnSpace"/>
								A jurisdiction that completes or revises an assessment of fair housing pursuant to Subpart A (commencing with Section 5.150) of Part 5 of Subtitle A of Title 24 of the Code of Federal Regulations, as published in Volume 80 of the Federal Register, Number 136, page 42272, dated July 16, 2015, or an analysis of impediments to fair housing choice in accordance with the requirements of Section 91.225 of Title 24 of the Code of Federal Regulations in effect before August 17, 2015, may
						incorporate relevant portions of that assessment or revised assessment of fair housing or analysis or revised analysis of impediments to fair housing into its housing element.
							</html:p>
							<html:p>
								(C)
								<html:span class="EnSpace"/>
								(i)
								<html:span class="EnSpace"/>
								The requirements of this paragraph shall apply to housing elements due to be revised pursuant to Section 65588 on or after January 1, 2021.
							</html:p>
							<html:p>
								(ii)
								<html:span class="EnSpace"/>
								The assessment required pursuant to this paragraph shall be completed before the planning agency makes its first draft revision of a housing element available for public comment pursuant to subdivision (b) of Section 65585.
							</html:p>
							<html:p>
								(D)
								<html:span class="EnSpace"/>
								(i)
								<html:span class="EnSpace"/>
								On or before December 31, 2026, the department
						shall develop a standardized reporting format for programs and actions taken pursuant to this paragraph. The standardized reporting format shall enable the reporting of all of the assessment components listed in subparagraph (A) and, at a minimum, include all of the following fields:
							</html:p>
							<html:p>
								(I)
								<html:span class="EnSpace"/>
								Timelines for implementation.
							</html:p>
							<html:p>
								(II)
								<html:span class="EnSpace"/>
								Responsible party or parties.
							</html:p>
							<html:p>
								(III)
								<html:span class="EnSpace"/>
								Resources committed from the local budget to affirmatively further fair housing.
							</html:p>
							<html:p>
								(IV)
								<html:span class="EnSpace"/>
								Action areas.
							</html:p>
							<html:p>
								(V)
								<html:span class="EnSpace"/>
								Potential impacts of the program.
							</html:p>
							<html:p>
								(ii)
								<html:span class="EnSpace"/>
								A local government shall utilize the standardized report format developed pursuant to this subparagraph for the seventh and each
						subsequent revision of the housing element.
							</html:p>
							<html:p>
								(d)
								<html:span class="EnSpace"/>
								(1)
								<html:span class="EnSpace"/>
								A local government may satisfy all or part of its requirement to identify a zone or zones suitable for the development of emergency shelters pursuant to paragraph (4) of subdivision (a) by adopting and implementing a multijurisdictional agreement, with a maximum of two other adjacent communities, that requires the participating jurisdictions to develop at least one year-round emergency shelter within two years of the beginning of the planning period.
							</html:p>
							<html:p>
								(2)
								<html:span class="EnSpace"/>
								The agreement shall allocate a portion of the new shelter capacity to each jurisdiction as credit toward its emergency shelter need, and each jurisdiction shall describe how the capacity was allocated as part of its housing element.
							</html:p>
							<html:p>
								(3)
								<html:span class="EnSpace"/>
								Each member jurisdiction of a multijurisdictional
						agreement shall describe in its housing element all of the following:
							</html:p>
							<html:p>
								(A)
								<html:span class="EnSpace"/>
								How the joint facility will meet the jurisdiction’s emergency shelter need.
							</html:p>
							<html:p>
								(B)
								<html:span class="EnSpace"/>
								The jurisdiction’s contribution to the facility for both the development and ongoing operation and management of the facility.
							</html:p>
							<html:p>
								(C)
								<html:span class="EnSpace"/>
								The amount and source of the funding that the jurisdiction contributes to the facility.
							</html:p>
							<html:p>
								(4)
								<html:span class="EnSpace"/>
								The aggregate capacity claimed by the participating jurisdictions in their housing elements shall not exceed the actual capacity of the shelter.
							</html:p>
							<html:p>
								(e)
								<html:span class="EnSpace"/>
								Except as otherwise provided in this article, amendments to this article that alter the required content of a housing element shall apply to both of the following:
							</html:p>
							<html:p>
								(1)
								<html:span class="EnSpace"/>
								A housing element or housing element amendment prepared pursuant to subdivision (e) of Section 65588 or Section 65584.02, when a city, county, or city and county submits a draft to the department for review pursuant to Section 65585 more than 90 days after the effective date of the amendment to this section.
							</html:p>
							<html:p>
								(2)
								<html:span class="EnSpace"/>
								Any housing element or housing element amendment prepared pursuant to subdivision (e) of Section 65588 or Section 65584.02, when the city, county, or city and county fails to submit the first draft to the department before the due date specified in Section 65588 or 65584.02.
							</html:p>
							<html:p>
								(f)
								<html:span class="EnSpace"/>
								The deadline for completing required rezoning pursuant to subparagraph (A) of paragraph (1) of subdivision (c) shall be extended by one year if the local government has completed the rezoning at densities sufficient to accommodate at
						least 75 percent of the units for lower income households and if the legislative body at the conclusion of a public hearing determines, based upon substantial evidence, that any of the following circumstances exists:
							</html:p>
							<html:p>
								(1)
								<html:span class="EnSpace"/>
								The local government has been unable to complete the rezoning because of the action or inaction beyond the control of the local government of any other state, federal, or local agency.
							</html:p>
							<html:p>
								(2)
								<html:span class="EnSpace"/>
								The local government is unable to complete the rezoning because of infrastructure deficiencies due to fiscal or regulatory constraints.
							</html:p>
							<html:p>
								(3)
								<html:span class="EnSpace"/>
								The local government must undertake a major revision to its general plan in order to accommodate the housing-related policies of a sustainable communities strategy or an alternative planning strategy adopted pursuant to Section 65080.
							</html:p>
							<html:p>The resolution and the findings shall be transmitted to the department together with a detailed budget and schedule for preparation and adoption of the required rezonings, including plans for citizen participation and expected interim action. The schedule shall provide for adoption of the required rezoning within one year of the adoption of the resolution.</html:p>
							<html:p>
								(g)
								<html:span class="EnSpace"/>
								(1)
								<html:span class="EnSpace"/>
								If a local government fails to complete the rezoning by the deadline provided in subparagraph (A) of paragraph (1) of subdivision (c), as it may be extended pursuant to subdivision (f), except as provided in paragraph (2), a local government may not disapprove a housing development project, nor require a conditional use permit, planned unit development permit, or other locally imposed discretionary permit, or impose a condition that would render the project infeasible, if the housing development project, (A) is proposed to be
						located on a site required to be rezoned pursuant to the program action required by that subparagraph and, (B) complies with applicable, objective general plan and zoning standards and criteria, including design review standards, described in the program action required by that subparagraph. Any subdivision of sites shall be subject to the Subdivision Map Act (Division 2 (commencing with Section 66410)). Design review shall not constitute a “project” for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code.
							</html:p>
							<html:p>
								(2)
								<html:span class="EnSpace"/>
								A local government may disapprove a housing development described in paragraph (1) if it makes written findings supported by substantial evidence on the record that both of the following conditions exist:
							</html:p>
							<html:p>
								(A)
								<html:span class="EnSpace"/>
								The housing development project would have a specific, adverse impact upon the public health or safety unless the project is
						disapproved or approved upon the condition that the project be developed at a lower density. As used in this paragraph, a “specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.
							</html:p>
							<html:p>
								(B)
								<html:span class="EnSpace"/>
								There is no feasible method to satisfactorily mitigate or avoid the adverse impact identified pursuant to paragraph (1), other than the disapproval of the housing development project or the approval of the project upon the condition that it be developed at a lower density.
							</html:p>
							<html:p>
								(3)
								<html:span class="EnSpace"/>
								The applicant or any interested person may bring an action to enforce this subdivision. If a court finds that the local agency disapproved a project or conditioned its approval in violation of this subdivision, the court shall issue
						an order or judgment compelling compliance within 60 days. The court shall retain jurisdiction to ensure that its order or judgment is carried out. If the court determines that its order or judgment has not been carried out within 60 days, the court may issue further orders to ensure that the purposes and policies of this subdivision are fulfilled. In any such action, the city, county, or city and county shall bear the burden of proof.
							</html:p>
							<html:p>
								(4)
								<html:span class="EnSpace"/>
								For purposes of this subdivision, “housing development project” means a project to construct residential units for which the project developer provides sufficient legal commitments to the appropriate local agency to ensure the continued availability and use of at least 49 percent of the housing units for very low, low-, and moderate-income households with an affordable housing cost or affordable rent, as defined in Section 50052.5 or 50053 of the Health and Safety Code, respectively, for the period required
						by the applicable financing.
							</html:p>
							<html:p>
								(h)
								<html:span class="EnSpace"/>
								An action to enforce the program actions of the housing element shall be brought pursuant to Section 1085 of the Code of Civil Procedure.
							</html:p>
							<html:p>
								(i)
								<html:span class="EnSpace"/>
								Notwithstanding any other law, the otherwise applicable timeframe set forth in paragraph (2) of subdivision (b) and subdivision (d) of Section 21080.3.1 of the Public Resources Code, and paragraph (3) of subdivision (d) of Section 21082.3 of the Public Resources Code, for a Native American tribe to respond to a lead agency and request consultation in writing is extended by 30 days for any housing development project application determined or deemed to be complete on or after March 4, 2020, and prior to December 31, 2021.
							</html:p>
							<html:p>
								(j)
								<html:span class="EnSpace"/>
								On or after January 1, 2024, at the discretion of the department, the analysis of government constraints pursuant to
						paragraph (5) of subdivision (a) may include an analysis of constraints upon the maintenance, improvement, or development of housing for persons with a characteristic identified in subdivision (b) of Section 51 of the Civil Code. The implementation of this subdivision is contingent upon an appropriation by the Legislature in the annual Budget Act or another statute for this purpose.
							</html:p>
						</ns0:Content>
					</ns0:LawSectionVersion>
				</ns0:LawSection>
			</ns0:Fragment>
		</ns0:BillSection>
		<ns0:BillSection id="id_AC6E289F-6393-40F6-A872-5AC48E13AC9A">
			<ns0:Num>SEC. 1.2.</ns0:Num>
			<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:GOV:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'TITLE'%20and%20caml%3ANum%3D'7.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'1.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'3.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'10.6.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'65583.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
				Section 65583 of the 
				<ns0:DocName>Government Code</ns0:DocName>
				 is amended to read:
			</ns0:ActionLine>
			<ns0:Fragment>
				<ns0:LawSection id="id_7C07310C-9780-43D8-8F23-8A4109FD83D4">
					<ns0:Num>65583.</ns0:Num>
					<ns0:LawSectionVersion id="id_C7E5A7CB-938C-4966-98CC-E68138A657F4">
						<ns0:Content>
							<html:p>The housing element shall consist of an identification and analysis of existing and projected housing needs and a statement of goals, policies, quantified objectives, financial resources, and scheduled programs for the preservation, improvement, and development of housing. The housing element shall identify adequate sites for housing, including rental housing, factory-built housing, mobilehomes, and emergency shelters, and shall make adequate provision for the existing and projected needs of all economic segments of the community. The housing element shall contain all of the following:</html:p>
							<html:p>
								(a)
								<html:span class="EnSpace"/>
								An assessment of housing
						needs, and an inventory of resources and constraints that are relevant to the meeting of those needs. The assessment and inventory shall include all of the following:
							</html:p>
							<html:p>
								(1)
								<html:span class="EnSpace"/>
								An analysis of population and employment trends and documentation of projections and a quantification of the locality’s existing and projected housing needs for all income levels. These existing and projected needs shall include the locality’s share of the regional housing need in accordance with Section 65584.
							</html:p>
							<html:p>
								(2)
								<html:span class="EnSpace"/>
								An analysis and documentation of household characteristics, including level of payment compared to ability to pay, housing characteristics, including overcrowding,
						and housing stock condition.
							</html:p>
							<html:p>
								(3)
								<html:span class="EnSpace"/>
								An inventory of land suitable and available for residential development, including vacant sites and sites having realistic and demonstrated potential for redevelopment during the planning period to meet the locality’s housing need for a designated income level, and an analysis of the relationship of zoning and public facilities and services to these sites, and an analysis of the relationship of the sites identified in the land inventory to the jurisdiction’s duty to affirmatively further fair housing.
							</html:p>
							<html:p>
								(4)
								<html:span class="EnSpace"/>
								(A)
								<html:span class="EnSpace"/>
								The identification of one or more zoning designations that allow residential uses, including mixed uses, where emergency shelters are allowed as a permitted use without a conditional use or other discretionary permit and that are suitable for residential uses. The identified zoning designations shall include sufficient
						sites meeting the requirements of subparagraph (H) with sufficient capacity, as described in subparagraph (I), to accommodate the need for emergency shelter identified in paragraph (7), except that each local government shall identify a zoning designation or designations that can accommodate at least one year-round emergency shelter. If the local government cannot identify a zoning designation or designations with sufficient capacity, the local government shall include a program to amend its zoning ordinance to meet the requirements of this paragraph within one year of the adoption of the housing element. The local government may identify additional zoning designations where emergency shelters are permitted with a conditional use permit. The local government shall also demonstrate that existing or proposed permit processing, development, and management standards that apply to emergency shelters are objective and encourage and facilitate the development of, or conversion to, emergency shelters.
							</html:p>
							<html:p>
								(B)
								<html:span class="EnSpace"/>
								Emergency shelters shall only be subject to the following written, objective standards:
							</html:p>
							<html:p>
								(i)
								<html:span class="EnSpace"/>
								The maximum number of beds or persons permitted to be served nightly by the facility.
							</html:p>
							<html:p>
								(ii)
								<html:span class="EnSpace"/>
								Sufficient parking to accommodate all staff working in the emergency shelter, provided that the standards do not require more parking for emergency shelters than other residential or commercial uses within the same zone.
							</html:p>
							<html:p>
								(iii)
								<html:span class="EnSpace"/>
								The size and location of exterior and interior onsite waiting and client intake areas.
							</html:p>
							<html:p>
								(iv)
								<html:span class="EnSpace"/>
								The provision of onsite management.
							</html:p>
							<html:p>
								(v)
								<html:span class="EnSpace"/>
								The proximity to other emergency shelters, provided that emergency shelters are not
						required to be more than 300 feet apart.
							</html:p>
							<html:p>
								(vi)
								<html:span class="EnSpace"/>
								The length of stay.
							</html:p>
							<html:p>
								(vii)
								<html:span class="EnSpace"/>
								Lighting.
							</html:p>
							<html:p>
								(viii)
								<html:span class="EnSpace"/>
								Security during hours that the emergency shelter is in operation.
							</html:p>
							<html:p>
								(C)
								<html:span class="EnSpace"/>
								For purposes of this paragraph, “emergency shelter” shall include other interim interventions, including, but not limited to, a navigation center, bridge housing, and respite or recuperative care, and all services provided onsite, including the addition or expansion of services that are consistent with any written, objective standards pursuant to subparagraph (B).
							</html:p>
							<html:p>
								(D)
								<html:span class="EnSpace"/>
								The permit processing, development, and management standards applied under this paragraph shall not be deemed to be discretionary acts within the meaning of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).
							</html:p>
							<html:p>
								(E)
								<html:span class="EnSpace"/>
								If a local government has adopted written, objective standards pursuant to subparagraph (B), the local government shall include an analysis of the standards in the analysis of constraints pursuant to paragraph (5).
							</html:p>
							<html:p>
								(F)
								<html:span class="EnSpace"/>
								A local government that can demonstrate, to the satisfaction of the department, the existence of one or more emergency shelters either within its jurisdiction or pursuant to a multijurisdictional agreement that can accommodate that jurisdiction’s need and the needs of the other jurisdictions that are a part of the agreement for
						emergency shelter identified in paragraph (7) may comply with the zoning requirements of subparagraph (A) by identifying a zoning designation where new emergency shelters are allowed with a conditional use permit.
							</html:p>
							<html:p>
								(G)
								<html:span class="EnSpace"/>
								A local government with an existing ordinance or ordinances that comply with this paragraph shall not be required to take additional action to identify zoning designations for emergency shelters. The housing element must only describe how existing ordinances, policies, and standards are consistent with the requirements of this paragraph.
							</html:p>
							<html:p>
								(H)
								<html:span class="EnSpace"/>
								The zoning designation or designations where emergency shelters are allowed, as described in subparagraph (A), shall include sites that meet at least one of the following standards:
							</html:p>
							<html:p>
								(i)
								<html:span class="EnSpace"/>
								Vacant sites zoned for residential use.
							</html:p>
							<html:p>
								(ii)
								<html:span class="EnSpace"/>
								Vacant sites zoned for nonresidential use that allow residential development, if the local government can demonstrate how the sites with this zoning designation that are being used to satisfy the requirements of paragraph (1) are located near amenities and services that serve people experiencing homelessness, which may include health care, transportation, retail, employment, and social services, or that the local government will provide free transportation to services or offer services onsite.
							</html:p>
							<html:p>
								(iii)
								<html:span class="EnSpace"/>
								Nonvacant sites zoned for residential use or for nonresidential use that allow residential development that are suitable for use as a shelter in the current planning period, or which can be redeveloped for use as a shelter in the current planning period. A nonvacant site with an existing use shall be presumed to impede emergency shelter development absent an analysis based on
						substantial evidence that the use is likely to be discontinued during the planning period. The analysis shall consider current market demand for the current uses, market conditions, and incentives or standards to encourage shelter development.
							</html:p>
							<html:p>
								(I)
								<html:span class="EnSpace"/>
								The zoning designation or designations shall have sufficient sites meeting the requirements of subparagraph (H) to accommodate the need for shelters identified pursuant to paragraph (7). The number of people experiencing homelessness that can be accommodated on any site shall be demonstrated by dividing the square footage of the site by a minimum of 200 square feet per person, unless the locality can demonstrate that one or more shelters were developed on sites that have fewer square feet per person during the prior planning period or the locality provides similar evidence to the department demonstrating that the site can accommodate more people experiencing homelessness. Any standard applied pursuant
						to this subparagraph is intended only for calculating site capacity pursuant to this section, and shall not be construed as establishing a development standard applicable to the siting, development, or approval of a shelter.
							</html:p>
							<html:p>
								(J)
								<html:span class="EnSpace"/>
								Notwithstanding subparagraph (H), a local government may accommodate the need for emergency shelters identified pursuant to paragraph (7) on sites owned by the local government if it demonstrates with substantial evidence that the sites will be made available for emergency shelter during the planning period, they are suitable for residential use, and the sites are located near amenities and services that serve people experiencing homelessness, which may include health care, transportation, retail, employment, and social services, or that the local government will provide free transportation to services or offer services onsite.
							</html:p>
							<html:p>
								(5)
								<html:span class="EnSpace"/>
								An analysis of potential
						and actual governmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the types of housing identified in paragraph (1) of subdivision (c), and for persons with disabilities as identified in the analysis pursuant to paragraph (7), including land use controls, building codes and their enforcement, site improvements, fees, and other exactions required of developers, local processing and permit procedures, historic preservation practices and policies and an assessment of how existing and proposed historic designations affect the locality’s ability to meet its share of the housing need pursuant to paragraph (1), and any locally adopted ordinances that directly impact the cost and supply of residential development. The analysis shall also demonstrate local efforts to remove governmental constraints that hinder the locality from meeting its share of the regional housing need in accordance with Section 65584 and from meeting the need for housing for persons
						with disabilities, supportive housing, transitional housing, and emergency shelters identified pursuant to paragraph (7).
							</html:p>
							<html:p>
								(6)
								<html:span class="EnSpace"/>
								An analysis of potential and actual nongovernmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the availability of financing, the price of land, the cost of construction, the requests to develop housing at densities below those anticipated in the analysis required by subdivision (c) of Section 65583.2, and the length of time between receiving approval for a housing development and submittal of an application for building permits for that housing development that hinder the construction of a locality’s share of the regional housing need in accordance with Section 65584. The analysis shall also demonstrate local efforts to remove nongovernmental constraints that create a gap between the locality’s planning for the development of housing for all income levels
						and the construction of that housing.
							</html:p>
							<html:p>
								(7)
								<html:span class="EnSpace"/>
								(A)
								<html:span class="EnSpace"/>
								An analysis of any special housing needs, such as those of the elderly; persons with disabilities, including a developmental disability, as defined in Section 4512 of the Welfare and Institutions Code; extremely low income households; large families; farmworkers; families with female heads of households; and families and persons in need of emergency shelter. The need for emergency shelter shall be assessed based on the capacity necessary to accommodate the most recent homeless point-in-time count conducted before the start of the planning period, the need for emergency shelter based on number of beds available on a year-round and seasonal basis, the number of shelter beds that go unused on an average monthly basis within a one-year period, and the percentage of those in emergency shelters that move to permanent housing solutions. The need for emergency shelter may be reduced by
						the number of supportive housing units that are identified in an adopted 10-year plan to end chronic homelessness and that are either vacant or for which funding has been identified to allow construction during the planning period. An analysis of special housing needs by a city or county may include an analysis of the need for frequent user coordinated care housing services.
							</html:p>
							<html:p>
								(B)
								<html:span class="EnSpace"/>
								For the seventh and subsequent revisions of the housing element, the analysis required in subparagraph (A) shall also include an analysis of the housing needs of acutely and extremely low income households.
							</html:p>
							<html:p>
								(8)
								<html:span class="EnSpace"/>
								An analysis of opportunities for energy conservation with respect to residential development. Cities and counties are encouraged to include weatherization and energy efficiency improvements as part of publicly subsidized housing rehabilitation projects. This may include energy efficiency measures
						that encompass the building envelope, its heating and cooling systems, and its electrical system.
							</html:p>
							<html:p>
								(9)
								<html:span class="EnSpace"/>
								An analysis of existing assisted housing developments that are eligible to change from low-income housing uses during the next 10 years due to termination of subsidy contracts, mortgage prepayment, or expiration of restrictions on use. “Assisted housing developments,” for the purpose of this section, shall mean multifamily rental housing that receives governmental assistance under federal programs listed in subdivision (a) of Section 65863.10, state and local multifamily revenue bond programs, local redevelopment programs, the federal Community Development Block Grant Program, or local in-lieu fees. “Assisted housing developments” shall also include multifamily rental units that were developed pursuant to a local inclusionary housing program or used to qualify for a density bonus pursuant to Section 65916.
							</html:p>
							<html:p>
								(A)
								<html:span class="EnSpace"/>
								The analysis shall include a listing of each development by project name and address, the type of governmental assistance received, the earliest possible date of change from low-income use, and the total number of elderly and nonelderly units that could be lost from the locality’s low-income housing stock in each year during the 10-year period. For purposes of state and federally funded projects, the analysis required by this subparagraph need only contain information available on a statewide basis.
							</html:p>
							<html:p>
								(B)
								<html:span class="EnSpace"/>
								The analysis shall estimate the total cost of producing new rental housing that is comparable in size and rent levels, to replace the units that could change from low-income use, and an estimated cost of preserving the assisted housing developments. This cost analysis for replacement housing may be done aggregately for each five-year period and does not have to contain a
						project-by-project cost estimate.
							</html:p>
							<html:p>
								(C)
								<html:span class="EnSpace"/>
								The analysis shall identify public and private nonprofit corporations known to the local government that have legal and managerial capacity to acquire and manage these housing developments.
							</html:p>
							<html:p>
								(D)
								<html:span class="EnSpace"/>
								The analysis shall identify and consider the use of all federal, state, and local financing and subsidy programs that can be used to preserve, for lower income households, the assisted housing developments, identified in this paragraph, including, but not limited to, federal Community Development Block Grant Program funds, tax increment funds received by a redevelopment agency of the community, and administrative fees received by a housing authority operating within the community. In considering the use of these financing and subsidy programs, the analysis shall identify the amounts of funds under each available program that have not been legally
						obligated for other purposes and that could be available for use in preserving assisted housing developments.
							</html:p>
							<html:p>
								(b)
								<html:span class="EnSpace"/>
								(1)
								<html:span class="EnSpace"/>
								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.
							</html:p>
							<html:p>
								(2)
								<html:span class="EnSpace"/>
								It is recognized that the total housing needs identified pursuant to subdivision (a) may exceed available resources and the community’s ability to satisfy this need within the content of the general plan requirements outlined in Article 5 (commencing with Section 65300). Under these circumstances, the quantified objectives need not be identical to the total housing needs. The quantified objectives shall establish the maximum number of housing units by income category that can be constructed, rehabilitated, and conserved over a five-year
						time period.
							</html:p>
							<html:p>
								(c)
								<html:span class="EnSpace"/>
								A program that sets forth a schedule of actions during the planning period, each with a timeline for implementation, that may recognize that certain programs are ongoing, such that there will be beneficial impacts of the programs within the planning period, that the local government is undertaking or intends to undertake to implement the policies and achieve the goals and objectives of the housing element through the administration of land use and development controls, the provision of regulatory concessions and incentives, the utilization of appropriate federal and state financing and subsidy programs when available, and the utilization of moneys in a low- and moderate-income housing fund of an agency if the locality has established a redevelopment project area pursuant to the Community Redevelopment Law (Division 24 (commencing with Section 33000) of the Health and Safety Code). In order to make adequate provision for the
						housing needs of all economic segments of the community, the program shall do all of the following:
							</html:p>
							<html:p>
								(1)
								<html:span class="EnSpace"/>
								Identify 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 city’s or county’s share of the regional housing need for all income levels that could not be accommodated on sites identified in the inventory completed pursuant to paragraph (3) of subdivision (a) without rezoning, and to comply with the requirements of Section 65584.09. Sites shall be identified as needed to affirmatively further fair housing and to facilitate and encourage the development of a variety of types of housing for all income levels, including multifamily rental housing, factory-built housing, mobilehomes, housing for agricultural employees, supportive housing, single-room occupancy units, emergency shelters, and transitional
						housing.
							</html:p>
							<html:p>
								(A)
								<html:span class="EnSpace"/>
								Where the inventory of sites, pursuant to paragraph (3) of subdivision (a), does not identify adequate sites to accommodate the need for groups of all household income levels pursuant to Section 65584, a program for rezoning of those sites, subject to the following deadlines:
							</html:p>
							<html:p>
								(i)
								<html:span class="EnSpace"/>
								For the adoption of the sixth revision of the housing element, jurisdictions with an eight-year housing element planning period pursuant to Section 65588, including adoption of minimum density and development standards or, for a jurisdiction in the coastal zone, any necessary local coastal program amendments related to land use designations, changes in intensity of land use, zoning ordinances, or zoning district maps, consistent with Sections 30512, 30512.2, 30513, and 30514 of the Public Resources Code, shall be completed no later than three years after either the date the housing element is
						adopted pursuant to subdivision (f) of Section 65585 or the date that is 90 days after receipt of comments from the department pursuant to subdivision (b) of Section 65585, whichever is earlier, unless the deadline is extended pursuant to subdivision (f). Notwithstanding the foregoing, for a local government that fails to adopt a housing element that the department has found to be in substantial compliance with this article within 120 days of the statutory deadline in Section 65588 for adoption of the housing element, rezoning of those sites, including adoption of minimum density and development standards or, for a jurisdiction in the coastal zone, any necessary local coastal program amendments related to land use designations, changes in intensity of land use, zoning ordinances, or zoning district maps, consistent with Sections 30512, 30512.2, 30513, and 30514 of the Public Resources Code, shall be completed no later than one year from the statutory deadline in Section 65588 for adoption of the housing
						element.
							</html:p>
							<html:p>
								(ii)
								<html:span class="EnSpace"/>
								For adoption of the seventh and all subsequent revisions of the housing element, rezonings shall be completed no later than one year from the statutory deadline in Section 65588 for adoption of the housing element.
							</html:p>
							<html:p>
								(iii)
								<html:span class="EnSpace"/>
								Notwithstanding clause (ii), for the adoption of the seventh and all subsequent revisions of the housing element, rezonings shall be completed no later than three years and 90 days after the statutory deadline in Section 65588 for adoption of the housing element, unless the deadline is extended pursuant to subdivision (f). This clause shall apply only if the local government complies with all of the following:
							</html:p>
							<html:p>
								(I)
								<html:span class="EnSpace"/>
								The local government submits a draft element or draft amendment to the department for review pursuant to paragraph (1) of subdivision (b) of Section 65585 at least 90 days
						before the statutory deadline established in Section 65588 for adoption of the housing element.
							</html:p>
							<html:p>
								(II)
								<html:span class="EnSpace"/>
								The local government receives from the department findings that the draft element or draft amendment substantially complies with this article pursuant to paragraph (3) of subdivision (b) of Section 65585 on or before the statutory deadline set forth in Section 65588 for adoption of the housing element.
							</html:p>
							<html:p>
								(III)
								<html:span class="EnSpace"/>
								The local government adopts the draft element or draft amendment that the department found to substantially comply with this article no later than 120 days after the statutory deadline set forth in Section 65588.
							</html:p>
							<html:p>
								(B)
								<html:span class="EnSpace"/>
								Where the inventory of sites, pursuant to paragraph (3) of subdivision (a), does not identify adequate sites to accommodate the need for groups of all household income levels pursuant to Section
						65584, the program shall identify sites that can be developed for housing within the planning period pursuant to subdivision (h) of Section 65583.2. The identification of sites shall include all components specified in Section 65583.2.
							</html:p>
							<html:p>
								(C)
								<html:span class="EnSpace"/>
								Where the inventory of sites pursuant to paragraph (3) of subdivision (a) does not identify adequate sites to accommodate the need for farmworker housing, the program shall provide for sufficient sites to meet the need with zoning that permits farmworker housing use by right, including density and development standards that could accommodate and facilitate the feasibility of the development of farmworker housing for low- and very low income households.
							</html:p>
							<html:p>
								(2)
								<html:span class="EnSpace"/>
								(A)
								<html:span class="EnSpace"/>
								Assist in the development of adequate housing to meet the needs of extremely low, very low, low-, and moderate-income households.
							</html:p>
							<html:p>
								(B)
								<html:span class="EnSpace"/>
								For the seventh and subsequent revisions of the housing element, the program shall also assist in the development of adequate housing to meet the needs of acutely low income households.
							</html:p>
							<html:p>
								(3)
								<html:span class="EnSpace"/>
								Address and, where appropriate and legally possible, remove governmental and nongovernmental constraints to the maintenance, improvement, and development of housing, including housing for all income levels and housing for persons with disabilities. The program shall remove constraints to, and provide reasonable accommodations for housing designed for, intended for occupancy by, or with supportive services for, persons with disabilities. Transitional housing and supportive housing shall be considered a residential use of property and shall be subject only to those restrictions that apply to other residential dwellings of the same type in the same zone. Supportive housing, as defined in Section
						65650, shall be a use by right in all zones where multifamily and mixed uses are permitted, as provided in Article 11 (commencing with Section 65650).
							</html:p>
							<html:p>
								(4)
								<html:span class="EnSpace"/>
								Conserve and improve the condition of the existing affordable housing stock, which may include addressing ways to mitigate the loss of dwelling units demolished by public or private action.
							</html:p>
							<html:p>
								(5)
								<html:span class="EnSpace"/>
								Promote and affirmatively further fair housing opportunities and promote housing throughout the community or communities for all persons regardless of race, religion, sex, marital status, ancestry, national origin, color, familial status, or disability, and other characteristics protected by the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2), Section 65008, and any other state and federal fair housing and planning law.
							</html:p>
							<html:p>
								(6)
								<html:span class="EnSpace"/>
								Preserve for lower income households the assisted housing developments identified pursuant to paragraph (9) of subdivision (a). The program for preservation of the assisted housing developments shall utilize, to the extent necessary, all available federal, state, and local financing and subsidy programs identified in paragraph (9) of subdivision (a), except where a community has other urgent needs for which alternative funding sources are not available. The program may include strategies that involve local regulation and technical assistance.
							</html:p>
							<html:p>
								(7)
								<html:span class="EnSpace"/>
								Develop a plan that incentivizes and promotes the creation of accessory dwelling units that can be offered at affordable rent, as defined in Section 50053 of the Health and Safety Code, for very low, low-, or moderate-income households. For purposes of this paragraph, “accessory dwelling units” has the same meaning as “accessory dwelling
						unit” as defined in subdivision (a) of Section 66313.
							</html:p>
							<html:p>
								(8)
								<html:span class="EnSpace"/>
								Include an identification of the agencies and officials responsible for the implementation of the various actions and the means by which consistency will be achieved with other general plan elements and community goals.
							</html:p>
							<html:p>
								(9)
								<html:span class="EnSpace"/>
								Include a diligent effort by the local government to achieve public participation of all economic segments of the community in the development of the housing element, and the program shall describe this effort.
							</html:p>
							<html:p>
								(10)
								<html:span class="EnSpace"/>
								(A)
								<html:span class="EnSpace"/>
								Affirmatively further fair housing in accordance with Chapter 15 (commencing with Section 8899.50) of Division 1 of Title 2. The program shall include an assessment of fair housing in the jurisdiction that shall include all of the following components:
							</html:p>
							<html:p>
								(i)
								<html:span class="EnSpace"/>
								A summary of fair housing issues in the jurisdiction and an assessment of the jurisdiction’s fair housing enforcement and fair housing outreach capacity.
							</html:p>
							<html:p>
								(ii)
								<html:span class="EnSpace"/>
								An analysis of available federal, state, and local data and knowledge to identify integration and segregation patterns and trends, racially or ethnically concentrated areas of poverty and affluence, disparities in access to opportunity, and disproportionate housing needs, including displacement risk. The analysis shall identify and examine such patterns, trends, areas, disparities, and needs, both within the jurisdiction and comparing the jurisdiction to the region in which it is located, based on race and other characteristics protected by the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2) and Section 65008.
							</html:p>
							<html:p>
								(iii)
								<html:span class="EnSpace"/>
								An assessment of the
						contributing factors, including the local and regional historical origins and current policies and practices, for the fair housing issues identified under clauses (i) and (ii).
							</html:p>
							<html:p>
								(iv)
								<html:span class="EnSpace"/>
								An identification of the jurisdiction’s fair housing priorities and goals, giving highest priority to those factors identified in clause (iii) that limit or deny fair housing choice or access to opportunity, or negatively impact fair housing or civil rights compliance, and identifying the metrics and milestones for determining what fair housing results will be achieved.
							</html:p>
							<html:p>
								(v)
								<html:span class="EnSpace"/>
								Strategies and actions to implement those priorities and goals, which may include, but are not limited to, enhancing mobility strategies and encouraging development of new affordable housing in areas of opportunity, as well as place-based strategies to encourage community revitalization, including preservation of existing affordable
						housing, and protecting existing residents from displacement.
							</html:p>
							<html:p>
								(B)
								<html:span class="EnSpace"/>
								A jurisdiction that completes or revises an assessment of fair housing pursuant to Subpart A (commencing with Section 5.150) of Part 5 of Subtitle A of Title 24 of the Code of Federal Regulations, as published in Volume 80 of the Federal Register, Number 136, page 42272, dated July 16, 2015, or an analysis of impediments to fair housing choice in accordance with the requirements of Section 91.225 of Title 24 of the Code of Federal Regulations in effect before August 17, 2015, may incorporate relevant portions of that assessment or revised assessment of fair housing or analysis or revised analysis of impediments to fair housing into its housing element.
							</html:p>
							<html:p>
								(C)
								<html:span class="EnSpace"/>
								(i)
								<html:span class="EnSpace"/>
								The requirements of this paragraph shall apply to housing elements due to be revised pursuant to Section 65588 on or after January 1,
						2021.
							</html:p>
							<html:p>
								(ii)
								<html:span class="EnSpace"/>
								The assessment required pursuant to this paragraph shall be completed before the planning agency makes its first draft revision of a housing element available for public comment pursuant to subdivision (b) of Section 65585.
							</html:p>
							<html:p>
								(D)
								<html:span class="EnSpace"/>
								(i)
								<html:span class="EnSpace"/>
								On or before December 31, 2026, the department shall develop a standardized reporting format for programs and actions taken pursuant to this paragraph. The standardized reporting format shall enable the reporting of all of the assessment components listed in subparagraph (A) and, at a minimum, include all of the following fields:
							</html:p>
							<html:p>
								(I)
								<html:span class="EnSpace"/>
								Timelines for
						implementation.
							</html:p>
							<html:p>
								(II)
								<html:span class="EnSpace"/>
								Responsible party or parties.
							</html:p>
							<html:p>
								(III)
								<html:span class="EnSpace"/>
								Resources committed from the local budget to affirmatively further fair housing.
							</html:p>
							<html:p>
								(IV)
								<html:span class="EnSpace"/>
								Action areas.
							</html:p>
							<html:p>
								(V)
								<html:span class="EnSpace"/>
								Potential impacts of the program.
							</html:p>
							<html:p>
								(ii)
								<html:span class="EnSpace"/>
								A local government shall utilize the standardized report format developed pursuant to this subparagraph for the seventh and each subsequent revision of the housing element.
							</html:p>
							<html:p>
								(d)
								<html:span class="EnSpace"/>
								(1)
								<html:span class="EnSpace"/>
								A local government may satisfy all or part of its requirement to identify a zone or zones suitable for the development of emergency shelters pursuant to paragraph (4) of subdivision (a) by adopting and implementing a
						multijurisdictional agreement, with a maximum of two other adjacent communities, that requires the participating jurisdictions to develop at least one year-round emergency shelter within two years of the beginning of the planning period.
							</html:p>
							<html:p>
								(2)
								<html:span class="EnSpace"/>
								The agreement shall allocate a portion of the new shelter capacity to each jurisdiction as credit toward its emergency shelter need, and each jurisdiction shall describe how the capacity was allocated as part of its housing element.
							</html:p>
							<html:p>
								(3)
								<html:span class="EnSpace"/>
								Each member jurisdiction of a multijurisdictional agreement shall describe in its housing element all of the following:
							</html:p>
							<html:p>
								(A)
								<html:span class="EnSpace"/>
								How the joint facility will meet the jurisdiction’s emergency shelter need.
							</html:p>
							<html:p>
								(B)
								<html:span class="EnSpace"/>
								The jurisdiction’s contribution to the facility for both the development and
						ongoing operation and management of the facility.
							</html:p>
							<html:p>
								(C)
								<html:span class="EnSpace"/>
								The amount and source of the funding that the jurisdiction contributes to the facility.
							</html:p>
							<html:p>
								(4)
								<html:span class="EnSpace"/>
								The aggregate capacity claimed by the participating jurisdictions in their housing elements shall not exceed the actual capacity of the shelter.
							</html:p>
							<html:p>
								(e)
								<html:span class="EnSpace"/>
								Except as otherwise provided in this article, amendments to this article that alter the required content of a housing element shall apply to both of the following:
							</html:p>
							<html:p>
								(1)
								<html:span class="EnSpace"/>
								A housing element or housing element amendment prepared pursuant to subdivision (e) of Section 65588 or Section 65584.02, when a city, county, or city and county submits a draft to the department for review pursuant to Section 65585 more than 90 days after the effective date of the amendment to this
						section.
							</html:p>
							<html:p>
								(2)
								<html:span class="EnSpace"/>
								Any housing element or housing element amendment prepared pursuant to subdivision (e) of Section 65588 or Section 65584.02, when the city, county, or city and county fails to submit the first draft to the department before the due date specified in Section 65588 or 65584.02.
							</html:p>
							<html:p>
								(f)
								<html:span class="EnSpace"/>
								The deadline for completing required rezoning pursuant to subparagraph (A) of paragraph (1) of subdivision (c) shall be extended by one year if the local government has completed the rezoning at densities sufficient to accommodate at least 75 percent of the units for lower income households and if the legislative body at the conclusion of a public hearing determines, based upon substantial evidence, that any of the following circumstances exists:
							</html:p>
							<html:p>
								(1)
								<html:span class="EnSpace"/>
								The local government has been unable to complete the rezoning because of the
						action or inaction beyond the control of the local government of any other state, federal, or local agency.
							</html:p>
							<html:p>
								(2)
								<html:span class="EnSpace"/>
								The local government is unable to complete the rezoning because of infrastructure deficiencies due to fiscal or regulatory constraints.
							</html:p>
							<html:p>
								(3)
								<html:span class="EnSpace"/>
								The local government must undertake a major revision to its general plan in order to accommodate the housing-related policies of a sustainable communities strategy or an alternative planning strategy adopted pursuant to Section 65080.
							</html:p>
							<html:p>The resolution and the findings shall be transmitted to the department together with a detailed budget and schedule for preparation and adoption of the required rezonings, including plans for citizen participation and expected interim action. The schedule shall provide for adoption of the required rezoning within one year of the adoption of the resolution.</html:p>
							<html:p>
								(g)
								<html:span class="EnSpace"/>
								(1)
								<html:span class="EnSpace"/>
								If a local government fails to complete the rezoning by the deadline provided in subparagraph (A) of paragraph (1) of subdivision (c), as it may be extended pursuant to subdivision (f), except as provided in paragraph (2), a local government may not disapprove a housing development project, nor require a conditional use permit, planned unit development permit, or other locally imposed discretionary permit, or impose a condition that would render the project infeasible, if the housing development project, (A) is proposed to be located on a site required to be rezoned pursuant to the program action required by that subparagraph and, (B) complies with applicable, objective general plan and zoning standards and criteria, including design review standards, described in the program action required by that subparagraph. Any subdivision of sites shall be subject to the Subdivision Map Act (Division 2 (commencing with Section
						66410)). Design review shall not constitute a “project” for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code.
							</html:p>
							<html:p>
								(2)
								<html:span class="EnSpace"/>
								A local government may disapprove a housing development described in paragraph (1) if it makes written findings supported by substantial evidence on the record that both of the following conditions exist:
							</html:p>
							<html:p>
								(A)
								<html:span class="EnSpace"/>
								The housing development project would have a specific, adverse impact upon the public health or safety unless the project is disapproved or approved upon the condition that the project be developed at a lower density. As used in this paragraph, a “specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.
							</html:p>
							<html:p>
								(B)
								<html:span class="EnSpace"/>
								There is no feasible method to satisfactorily mitigate or avoid the adverse impact identified pursuant to paragraph (1), other than the disapproval of the housing development project or the approval of the project upon the condition that it be developed at a lower density.
							</html:p>
							<html:p>
								(3)
								<html:span class="EnSpace"/>
								The applicant or any interested person may bring an action to enforce this subdivision. If a court finds that the local agency disapproved a project or conditioned its approval in violation of this subdivision, the court shall issue an order or judgment compelling compliance within 60 days. The court shall retain jurisdiction to ensure that its order or judgment is carried out. If the court determines that its order or judgment has not been carried out within 60 days, the court may issue further orders to ensure that the purposes and policies of this subdivision are fulfilled. In any such action, the city,
						county, or city and county shall bear the burden of proof.
							</html:p>
							<html:p>
								(4)
								<html:span class="EnSpace"/>
								For purposes of this subdivision, “housing development project” means a project to construct residential units for which the project developer provides sufficient legal commitments to the appropriate local agency to ensure the continued availability and use of at least 49 percent of the housing units for very low, low-, and moderate-income households with an affordable housing cost or affordable rent, as defined in Section 50052.5 or 50053 of the Health and Safety Code, respectively, for the period required by the applicable financing.
							</html:p>
							<html:p>
								(h)
								<html:span class="EnSpace"/>
								An action to enforce the program actions of the housing element shall be brought pursuant to Section 1085 of the Code of Civil Procedure.
							</html:p>
							<html:p>
								(i)
								<html:span class="EnSpace"/>
								Notwithstanding any other law, the otherwise applicable timeframe set forth
						in paragraph (2) of subdivision (b) and subdivision (d) of Section 21080.3.1 of the Public Resources Code, and paragraph (3) of subdivision (d) of Section 21082.3 of the Public Resources Code, for a Native American tribe to respond to a lead agency and request consultation in writing is extended by 30 days for any housing development project application determined or deemed to be complete on or after March 4, 2020, and prior to December 31, 2021.
							</html:p>
							<html:p>
								(j)
								<html:span class="EnSpace"/>
								On or after January 1, 2024, at the discretion of the department, the analysis of government constraints pursuant to paragraph (5) of subdivision (a) may include an analysis of constraints upon the maintenance, improvement, or development of housing for persons with a characteristic identified in subdivision (b) of Section 51 of the Civil Code. The implementation of this subdivision is contingent upon an appropriation by the Legislature in the annual Budget Act or another statute for this
						purpose.
							</html:p>
						</ns0:Content>
					</ns0:LawSectionVersion>
				</ns0:LawSection>
			</ns0:Fragment>
		</ns0:BillSection>
		<ns0:BillSection id="id_C4DD27CB-5725-4EEF-BE72-7EBBFF7A12DA">
			<ns0:Num>SEC. 1.3.</ns0:Num>
			<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:GOV:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'TITLE'%20and%20caml%3ANum%3D'7.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'1.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'3.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'10.6.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'65583.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
				Section 65583 of the 
				<ns0:DocName>Government Code</ns0:DocName>
				 is amended to read:
			</ns0:ActionLine>
			<ns0:Fragment>
				<ns0:LawSection id="id_C15999B9-7CC9-400E-80B2-6BEA0B208ADD">
					<ns0:Num>65583.</ns0:Num>
					<ns0:LawSectionVersion id="id_AFB0FCB5-7FC9-4217-A2E4-8EFDCD1DCEBD">
						<ns0:Content>
							<html:p>The housing element shall consist of an identification and analysis of existing and projected housing needs and a statement of goals, policies, quantified objectives, financial resources, and scheduled programs for the preservation, improvement, and development of housing. The housing element shall identify adequate sites for housing, including rental housing, factory-built housing, mobilehomes, and emergency shelters, and shall make adequate provision for the existing and projected needs of all economic segments of the community. The housing element shall contain all of the following:</html:p>
							<html:p>
								(a)
								<html:span class="EnSpace"/>
								An assessment of housing
						needs, and an inventory of resources and constraints that are relevant to the meeting of those needs. The assessment and inventory shall include all of the following:
							</html:p>
							<html:p>
								(1)
								<html:span class="EnSpace"/>
								An analysis of population and employment trends and documentation of projections and a quantification of the locality’s existing and projected housing needs for all income levels. These existing and projected needs shall include the locality’s share of the regional housing need in accordance with Section 65584.
							</html:p>
							<html:p>
								(2)
								<html:span class="EnSpace"/>
								An analysis and documentation of household characteristics, including level of payment compared to ability to pay, housing characteristics, including overcrowding,
						and housing stock condition.
							</html:p>
							<html:p>
								(3)
								<html:span class="EnSpace"/>
								An inventory of land suitable and available for residential development, including vacant sites and sites having realistic and demonstrated potential for redevelopment during the planning period to meet the locality’s housing need for a designated income level, and an analysis of the relationship of zoning and public facilities and services to these sites, and an analysis of the relationship of the sites identified in the land inventory to the jurisdiction’s duty to affirmatively further fair housing.
							</html:p>
							<html:p>
								(4)
								<html:span class="EnSpace"/>
								(A)
								<html:span class="EnSpace"/>
								The identification of one or more zoning designations that allow residential uses, including mixed uses, where emergency shelters are allowed as a permitted use without a conditional use or other discretionary permit and that are suitable for residential uses. The identified zoning designations shall include sufficient
						sites meeting the requirements of subparagraph (H) with sufficient capacity, as described in subparagraph (I), to accommodate the need for emergency shelter identified in paragraph (7), except that each local government shall identify a zoning designation or designations that can accommodate at least one year-round emergency shelter. If the local government cannot identify a zoning designation or designations with sufficient capacity, the local government shall include a program to amend its zoning ordinance to meet the requirements of this paragraph within one year of the adoption of the housing element. The local government may identify additional zoning designations where emergency shelters are permitted with a conditional use permit. The local government shall also demonstrate that existing or proposed permit processing, development, and management standards that apply to emergency shelters are objective and encourage and facilitate the development of, or conversion to, emergency shelters.
							</html:p>
							<html:p>
								(B)
								<html:span class="EnSpace"/>
								Emergency shelters shall only be subject to the following written, objective standards:
							</html:p>
							<html:p>
								(i)
								<html:span class="EnSpace"/>
								The maximum number of beds or persons permitted to be served nightly by the facility.
							</html:p>
							<html:p>
								(ii)
								<html:span class="EnSpace"/>
								Sufficient parking to accommodate all staff working in the emergency shelter, provided that the standards do not require more parking for emergency shelters than other residential or commercial uses within the same zone.
							</html:p>
							<html:p>
								(iii)
								<html:span class="EnSpace"/>
								The size and location of exterior and interior onsite waiting and client intake areas.
							</html:p>
							<html:p>
								(iv)
								<html:span class="EnSpace"/>
								The provision of onsite management.
							</html:p>
							<html:p>
								(v)
								<html:span class="EnSpace"/>
								The proximity to other emergency shelters, provided that emergency shelters are not
						required to be more than 300 feet apart.
							</html:p>
							<html:p>
								(vi)
								<html:span class="EnSpace"/>
								The length of stay.
							</html:p>
							<html:p>
								(vii)
								<html:span class="EnSpace"/>
								Lighting.
							</html:p>
							<html:p>
								(viii)
								<html:span class="EnSpace"/>
								Security during hours that the emergency shelter is in operation.
							</html:p>
							<html:p>
								(C)
								<html:span class="EnSpace"/>
								For purposes of this paragraph, “emergency shelter” shall include other interim interventions, including, but not limited to, a navigation center, bridge housing, and respite or recuperative care, and all services provided onsite, including the addition or expansion of services that are consistent with any written, objective standards pursuant to subparagraph (B).
							</html:p>
							<html:p>
								(D)
								<html:span class="EnSpace"/>
								The permit processing, development, and management standards applied under this paragraph shall not be deemed to be discretionary acts within the meaning of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).
							</html:p>
							<html:p>
								(E)
								<html:span class="EnSpace"/>
								If a local government has adopted written, objective standards pursuant to subparagraph (B), the local government shall include an analysis of the standards in the analysis of constraints pursuant to paragraph (5).
							</html:p>
							<html:p>
								(F)
								<html:span class="EnSpace"/>
								A local government that can demonstrate, to the satisfaction of the department, the existence of one or more emergency shelters either within its jurisdiction or pursuant to a multijurisdictional agreement that can accommodate that jurisdiction’s need and the needs of the other jurisdictions that are a part of the agreement for
						emergency shelter identified in paragraph (7) may comply with the zoning requirements of subparagraph (A) by identifying a zoning designation where new emergency shelters are allowed with a conditional use permit.
							</html:p>
							<html:p>
								(G)
								<html:span class="EnSpace"/>
								A local government with an existing ordinance or ordinances that comply with this paragraph shall not be required to take additional action to identify zoning designations for emergency shelters. The housing element must only describe how existing ordinances, policies, and standards are consistent with the requirements of this paragraph.
							</html:p>
							<html:p>
								(H)
								<html:span class="EnSpace"/>
								The zoning designation or designations where emergency shelters are allowed, as described in subparagraph (A), shall include sites that meet at least one of the following standards:
							</html:p>
							<html:p>
								(i)
								<html:span class="EnSpace"/>
								Vacant sites zoned for residential use.
							</html:p>
							<html:p>
								(ii)
								<html:span class="EnSpace"/>
								Vacant sites zoned for nonresidential use that allow residential development, if the local government can demonstrate how the sites with this zoning designation that are being used to satisfy the requirements of paragraph (1) are located near amenities and services that serve people experiencing homelessness, which may include health care, transportation, retail, employment, and social services, or that the local government will provide free transportation to services or offer services onsite.
							</html:p>
							<html:p>
								(iii)
								<html:span class="EnSpace"/>
								Nonvacant sites zoned for residential use or for nonresidential use that allow residential development that are suitable for use as a shelter in the current planning period, or which can be redeveloped for use as a shelter in the current planning period. A nonvacant site with an existing use shall be presumed to impede emergency shelter development absent an analysis based on
						substantial evidence that the use is likely to be discontinued during the planning period. The analysis shall consider current market demand for the current uses, market conditions, and incentives or standards to encourage shelter development.
							</html:p>
							<html:p>
								(I)
								<html:span class="EnSpace"/>
								The zoning designation or designations shall have sufficient sites meeting the requirements of subparagraph (H) to accommodate the need for shelters identified pursuant to paragraph (7). The number of people experiencing homelessness that can be accommodated on any site shall be demonstrated by dividing the square footage of the site by a minimum of 200 square feet per person, unless the locality can demonstrate that one or more shelters were developed on sites that have fewer square feet per person during the prior planning period or the locality provides similar evidence to the department demonstrating that the site can accommodate more people experiencing homelessness. Any standard applied pursuant
						to this subparagraph is intended only for calculating site capacity pursuant to this section, and shall not be construed as establishing a development standard applicable to the siting, development, or approval of a shelter.
							</html:p>
							<html:p>
								(J)
								<html:span class="EnSpace"/>
								Notwithstanding subparagraph (H), a local government may accommodate the need for emergency shelters identified pursuant to paragraph (7) on sites owned by the local government if it demonstrates with substantial evidence that the sites will be made available for emergency shelter during the planning period, they are suitable for residential use, and the sites are located near amenities and services that serve people experiencing homelessness, which may include health care, transportation, retail, employment, and social services, or that the local government will provide free transportation to services or offer services onsite.
							</html:p>
							<html:p>
								(5)
								<html:span class="EnSpace"/>
								An analysis of potential
						and actual governmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the types of housing identified in paragraph (1) of subdivision (c), and for persons with disabilities as identified in the analysis pursuant to paragraph (7), including land use controls, building codes and their enforcement, site improvements, fees, and other exactions required of developers, local processing and permit procedures, historic preservation practices and policies and an assessment of how existing and proposed historic designations affect the locality’s ability to meet its share of the housing need pursuant to paragraph (1), and any locally adopted ordinances that directly impact the cost and supply of residential development.
							</html:p>
							<html:p>
								(A)
								<html:span class="EnSpace"/>
								The analysis shall also demonstrate local efforts to remove governmental constraints that hinder the locality from meeting its share of the regional housing need in accordance with Section 65584 and from meeting the need for housing for persons with disabilities, supportive housing, transitional housing, and emergency shelters identified pursuant to paragraph (7).
							</html:p>
							<html:p>
								(B)
								<html:span class="EnSpace"/>
								(i)
								<html:span class="EnSpace"/>
								For adoption of the seventh and all subsequent revisions of the housing element, the analysis shall also include a potential and actual governmental constraints disclosure statement containing both of the following:
							</html:p>
							<html:p>
								(I)
								<html:span class="EnSpace"/>
								An identification of each new or amended potential or actual governmental constraint, or revision increasing the stringency of a governmental constraint, adopted after the due date of the previous housing
						element and before submittal of the current draft housing element to the department.
							</html:p>
							<html:p>
								(II)
								<html:span class="EnSpace"/>
								An identification of any new or amended potential or actual governmental constraint, or revision increasing the stringency of a governmental constraint, that the governing body of the local government can anticipate adopting during the first three years of the planning period commencing on the date that a local agency’s housing element is considered to be in substantial compliance pursuant to Section 65585.03.
							</html:p>
							<html:p>
								(ii)
								<html:span class="EnSpace"/>
								For the purposes of this subparagraph, “anticipate adopting” means a legislative body of the local government had, after the due date of the previous housing element and before submittal of the current draft housing element, identified in an agenda published by a legislative body of the local government pursuant to the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950)
						of Part 1 of Division 2 of Title 5) an action to consider the adoption, amendment, or increase in the stringency of a potential or actual governmental constraint.
							</html:p>
							<html:p>
								(iii)
								<html:span class="EnSpace"/>
								This subparagraph shall not be construed to prohibit a local government from adopting, amending, or increasing the stringency of a potential or actual governmental constraint regardless of whether it was included in a potential and actual governmental constraints disclosure statement pursuant to this subparagraph.
							</html:p>
							<html:p>
								(6)
								<html:span class="EnSpace"/>
								An analysis of potential and actual nongovernmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the availability of financing, the price of land, the cost of construction, the requests to develop housing at densities below those anticipated in the analysis required by subdivision (c) of Section 65583.2, and the
						length of time between receiving approval for a housing development and submittal of an application for building permits for that housing development that hinder the construction of a locality’s share of the regional housing need in accordance with Section 65584. The analysis shall also demonstrate local efforts to remove nongovernmental constraints that create a gap between the locality’s planning for the development of housing for all income levels and the construction of that housing.
							</html:p>
							<html:p>
								(7)
								<html:span class="EnSpace"/>
								(A)
								<html:span class="EnSpace"/>
								An analysis of any special housing needs, such as those of the elderly; persons with disabilities, including a developmental disability, as defined in Section 4512 of the Welfare and Institutions Code; extremely low income households; large families; farmworkers; families with female heads of households; and families and persons in need of emergency shelter. The need for emergency shelter shall be assessed based on the capacity
						necessary to accommodate the most recent homeless point-in-time count conducted before the start of the planning period, the need for emergency shelter based on number of beds available on a year-round and seasonal basis, the number of shelter beds that go unused on an average monthly basis within a one-year period, and the percentage of those in emergency shelters that move to permanent housing solutions. The need for emergency shelter may be reduced by the number of supportive housing units that are identified in an adopted 10-year plan to end chronic homelessness and that are either vacant or for which funding has been identified to allow construction during the planning period. An analysis of special housing needs by a city or county may include an analysis of the need for frequent user coordinated care housing services.
							</html:p>
							<html:p>
								(B)
								<html:span class="EnSpace"/>
								For the seventh and subsequent revisions of the housing element, the analysis required in subparagraph (A) shall also
						include an analysis of the housing needs of acutely and extremely low income households.
							</html:p>
							<html:p>
								(8)
								<html:span class="EnSpace"/>
								An analysis of opportunities for energy conservation with respect to residential development. Cities and counties are encouraged to include weatherization and energy efficiency improvements as part of publicly subsidized housing rehabilitation projects. This may include energy efficiency measures that encompass the building envelope, its heating and cooling systems, and its electrical system.
							</html:p>
							<html:p>
								(9)
								<html:span class="EnSpace"/>
								An analysis of existing assisted housing developments that are eligible to change from low-income housing uses during the next 10 years due to termination of subsidy contracts, mortgage prepayment, or expiration of restrictions on use. “Assisted housing developments,” for the purpose of this section, shall mean multifamily rental housing that receives governmental assistance under federal programs
						listed in subdivision (a) of Section 65863.10, state and local multifamily revenue bond programs, local redevelopment programs, the federal Community Development Block Grant Program, or local in-lieu fees. “Assisted housing developments” shall also include multifamily rental units that were developed pursuant to a local inclusionary housing program or used to qualify for a density bonus pursuant to Section 65916.
							</html:p>
							<html:p>
								(A)
								<html:span class="EnSpace"/>
								The analysis shall include a listing of each development by project name and address, the type of governmental assistance received, the earliest possible date of change from low-income use, and the total number of elderly and nonelderly units that could be lost from the locality’s low-income housing stock in each year during the 10-year period. For purposes of state and federally funded projects, the analysis required by this subparagraph need only contain information available on a statewide basis.
							</html:p>
							<html:p>
								(B)
								<html:span class="EnSpace"/>
								The analysis shall estimate the total cost of producing new rental housing that is comparable in size and rent levels, to replace the units that could change from low-income use, and an estimated cost of preserving the assisted housing developments. This cost analysis for replacement housing may be done aggregately for each five-year period and does not have to contain a project-by-project cost estimate.
							</html:p>
							<html:p>
								(C)
								<html:span class="EnSpace"/>
								The analysis shall identify public and private nonprofit corporations known to the local government that have legal and managerial capacity to acquire and manage these housing developments.
							</html:p>
							<html:p>
								(D)
								<html:span class="EnSpace"/>
								The analysis shall identify and consider the use of all federal, state, and local financing and subsidy programs that can be used to preserve, for lower income households, the assisted housing developments, identified in
						this paragraph, including, but not limited to, federal Community Development Block Grant Program funds, tax increment funds received by a redevelopment agency of the community, and administrative fees received by a housing authority operating within the community. In considering the use of these financing and subsidy programs, the analysis shall identify the amounts of funds under each available program that have not been legally obligated for other purposes and that could be available for use in preserving assisted housing developments.
							</html:p>
							<html:p>
								(b)
								<html:span class="EnSpace"/>
								(1)
								<html:span class="EnSpace"/>
								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.
							</html:p>
							<html:p>
								(2)
								<html:span class="EnSpace"/>
								It is recognized that the total housing needs identified pursuant to subdivision (a) may exceed available
						resources and the community’s ability to satisfy this need within the content of the general plan requirements outlined in Article 5 (commencing with Section 65300). Under these circumstances, the quantified objectives need not be identical to the total housing needs. The quantified objectives shall establish the maximum number of housing units by income category that can be constructed, rehabilitated, and conserved over a five-year time period.
							</html:p>
							<html:p>
								(c)
								<html:span class="EnSpace"/>
								A program that sets forth a schedule of actions during the planning period, each with a timeline for implementation, that may recognize that certain programs are ongoing, such that there will be beneficial impacts of the programs within the planning period, that the local government is undertaking or intends to undertake to implement the policies and achieve the goals and objectives of the housing element through the administration of land use and development controls, the provision of regulatory
						concessions and incentives, the utilization of appropriate federal and state financing and subsidy programs when available, and the utilization of moneys in a low- and moderate-income housing fund of an agency if the locality has established a redevelopment project area pursuant to the Community Redevelopment Law (Division 24 (commencing with Section 33000) of the Health and Safety Code). In order to make adequate provision for the housing needs of all economic segments of the community, the program shall do all of the following:
							</html:p>
							<html:p>
								(1)
								<html:span class="EnSpace"/>
								Identify 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 city’s or county’s share of the regional housing need for all income levels that could not be accommodated on sites identified in the inventory completed pursuant to paragraph (3) of subdivision (a) without
						rezoning, and to comply with the requirements of Section 65584.09. Sites shall be identified as needed to affirmatively further fair housing and to facilitate and encourage the development of a variety of types of housing for all income levels, including multifamily rental housing, factory-built housing, mobilehomes, housing for agricultural employees, supportive housing, single-room occupancy units, emergency shelters, and transitional housing.
							</html:p>
							<html:p>
								(A)
								<html:span class="EnSpace"/>
								Where the inventory of sites, pursuant to paragraph (3) of subdivision (a), does not identify adequate sites to accommodate the need for groups of all household income levels pursuant to Section 65584, a program for rezoning of those sites, subject to the following deadlines:
							</html:p>
							<html:p>
								(i)
								<html:span class="EnSpace"/>
								For the adoption of the sixth revision of the housing element, jurisdictions with an eight-year housing element planning period pursuant to Section 65588,
						including adoption of minimum density and development standards or, for a jurisdiction in the coastal zone, any necessary local coastal program amendments related to land use designations, changes in intensity of land use, zoning ordinances, or zoning district maps, consistent with Sections 30512, 30512.2, 30513, and 30514 of the Public Resources Code, shall be completed no later than three years after either the date the housing element is adopted pursuant to subdivision (f) of Section 65585 or the date that is 90 days after receipt of comments from the department pursuant to subdivision (b) of Section 65585, whichever is earlier, unless the deadline is extended pursuant to subdivision (f). Notwithstanding the foregoing, for a local government that fails to adopt a housing element that the department has found to be in substantial compliance with this article within 120 days of the statutory deadline in Section 65588 for adoption of the housing element, rezoning of those sites, including adoption of minimum
						density and development standards or, for a jurisdiction in the coastal zone, any necessary local coastal program amendments related to land use designations, changes in intensity of land use, zoning ordinances, or zoning district maps, consistent with Sections 30512, 30512.2, 30513, and 30514 of the Public Resources Code, shall be completed no later than one year from the statutory deadline in Section 65588 for adoption of the housing element.
							</html:p>
							<html:p>
								(ii)
								<html:span class="EnSpace"/>
								For adoption of the seventh and all subsequent revisions of the housing element, rezonings shall be completed no later than one year from the statutory deadline in Section 65588 for adoption of the housing element.
							</html:p>
							<html:p>
								(iii)
								<html:span class="EnSpace"/>
								Notwithstanding clause (ii), for the adoption of the seventh and all subsequent revisions of the housing element, rezonings shall be completed no later than three years and 90 days after the statutory deadline in
						Section 65588 for adoption of the housing element, unless the deadline is extended pursuant to subdivision (f). This clause shall apply only if the local government complies with all of the following:
							</html:p>
							<html:p>
								(I)
								<html:span class="EnSpace"/>
								The local government submits a draft element or draft amendment to the department for review pursuant to paragraph (1) of subdivision (b) of Section 65585 at least 90 days before the statutory deadline established in Section 65588 for adoption of the housing element.
							</html:p>
							<html:p>
								(II)
								<html:span class="EnSpace"/>
								The local government receives from the department findings that the draft element or draft amendment substantially complies with this article pursuant to paragraph (3) of subdivision (b) of Section 65585 on or before the statutory deadline set forth in Section 65588 for adoption of the housing element.
							</html:p>
							<html:p>
								(III)
								<html:span class="EnSpace"/>
								The local government adopts the draft
						element or draft amendment that the department found to substantially comply with this article no later than 120 days after the statutory deadline set forth in Section 65588.
							</html:p>
							<html:p>
								(B)
								<html:span class="EnSpace"/>
								Where the inventory of sites, pursuant to paragraph (3) of subdivision (a), does not identify adequate sites to accommodate the need for groups of all household income levels pursuant to Section 65584, the program shall identify sites that can be developed for housing within the planning period pursuant to subdivision (h) of Section 65583.2. The identification of sites shall include all components specified in Section 65583.2.
							</html:p>
							<html:p>
								(C)
								<html:span class="EnSpace"/>
								Where the inventory of sites pursuant to paragraph (3) of subdivision (a) does not identify adequate sites to accommodate the need for farmworker housing, the program shall provide for sufficient sites to meet the need with zoning that permits farmworker housing use by right,
						including density and development standards that could accommodate and facilitate the feasibility of the development of farmworker housing for low- and very low income households.
							</html:p>
							<html:p>
								(2)
								<html:span class="EnSpace"/>
								(A)
								<html:span class="EnSpace"/>
								Assist in the development of adequate housing to meet the needs of extremely low, very low, low-, and moderate-income households.
							</html:p>
							<html:p>
								(B)
								<html:span class="EnSpace"/>
								For the seventh and subsequent revisions of the housing element, the program shall also assist in the development of adequate housing to meet the needs of acutely low income households.
							</html:p>
							<html:p>
								(3)
								<html:span class="EnSpace"/>
								Address and, where appropriate and legally possible, remove governmental and nongovernmental constraints to the maintenance, improvement, and development of housing, including housing for all income levels and housing for persons with disabilities. The program shall remove constraints to, and
						provide reasonable accommodations for housing designed for, intended for occupancy by, or with supportive services for, persons with disabilities. Transitional housing and supportive housing shall be considered a residential use of property and shall be subject only to those restrictions that apply to other residential dwellings of the same type in the same zone. Supportive housing, as defined in Section 65650, shall be a use by right in all zones where multifamily and mixed uses are permitted, as provided in Article 11 (commencing with Section 65650).
							</html:p>
							<html:p>
								(4)
								<html:span class="EnSpace"/>
								Conserve and improve the condition of the existing affordable housing stock, which may include addressing ways to mitigate the loss of dwelling units demolished by public or private action.
							</html:p>
							<html:p>
								(5)
								<html:span class="EnSpace"/>
								Promote and affirmatively further fair housing opportunities and promote housing throughout the community or communities for all persons
						regardless of race, religion, sex, marital status, ancestry, national origin, color, familial status, or disability, and other characteristics protected by the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2), Section 65008, and any other state and federal fair housing and planning law.
							</html:p>
							<html:p>
								(6)
								<html:span class="EnSpace"/>
								Preserve for lower income households the assisted housing developments identified pursuant to paragraph (9) of subdivision (a). The program for preservation of the assisted housing developments shall utilize, to the extent necessary, all available federal, state, and local financing and subsidy programs identified in paragraph (9) of subdivision (a), except where a community has other urgent needs for which alternative funding sources are not available. The program may include strategies that involve local regulation and technical assistance.
							</html:p>
							<html:p>
								(7)
								<html:span class="EnSpace"/>
								Develop a plan that incentivizes and promotes the creation of accessory dwelling units that can be offered at affordable rent, as defined in Section 50053 of the Health and Safety Code, for very low, low-, or moderate-income households. For purposes of this paragraph, “accessory dwelling units” has the same meaning as “accessory dwelling unit” as defined in subdivision (a) of Section 66313.
							</html:p>
							<html:p>
								(8)
								<html:span class="EnSpace"/>
								Include an identification of the agencies and officials responsible for the implementation of the various actions and the means by which consistency will be achieved with other general plan elements and community goals.
							</html:p>
							<html:p>
								(9)
								<html:span class="EnSpace"/>
								Include a diligent effort by the local government to achieve public participation of all economic segments of the community in the development of the housing element, and the program shall describe this effort.
							</html:p>
							<html:p>
								(10)
								<html:span class="EnSpace"/>
								(A)
								<html:span class="EnSpace"/>
								Affirmatively further fair housing in accordance with Chapter 15 (commencing with Section 8899.50) of Division 1 of Title 2. The program shall include an assessment of fair housing in the jurisdiction that shall include all of the following components:
							</html:p>
							<html:p>
								(i)
								<html:span class="EnSpace"/>
								A summary of fair housing issues in the jurisdiction and an assessment of the jurisdiction’s fair housing enforcement and fair housing outreach capacity.
							</html:p>
							<html:p>
								(ii)
								<html:span class="EnSpace"/>
								An analysis of available federal, state, and local data and knowledge to identify integration and segregation patterns and trends, racially or ethnically concentrated areas of poverty and affluence, disparities in access to opportunity, and disproportionate housing needs, including displacement risk. The analysis shall identify and examine such patterns, trends, areas, disparities,
						and needs, both within the jurisdiction and comparing the jurisdiction to the region in which it is located, based on race and other characteristics protected by the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2) and Section 65008.
							</html:p>
							<html:p>
								(iii)
								<html:span class="EnSpace"/>
								An assessment of the contributing factors, including the local and regional historical origins and current policies and practices, for the fair housing issues identified under clauses (i) and (ii).
							</html:p>
							<html:p>
								(iv)
								<html:span class="EnSpace"/>
								An identification of the jurisdiction’s fair housing priorities and goals, giving highest priority to those factors identified in clause (iii) that limit or deny fair housing choice or access to opportunity, or negatively impact fair housing or civil rights compliance, and identifying the metrics and milestones for determining what fair housing results will be achieved.
							</html:p>
							<html:p>
								(v)
								<html:span class="EnSpace"/>
								Strategies and actions to implement those priorities and goals, which may include, but are not limited to, enhancing mobility strategies and encouraging development of new affordable housing in areas of opportunity, as well as place-based strategies to encourage community revitalization, including preservation of existing affordable housing, and protecting existing residents from displacement.
							</html:p>
							<html:p>
								(B)
								<html:span class="EnSpace"/>
								A jurisdiction that completes or revises an assessment of fair housing pursuant to Subpart A (commencing with Section 5.150) of Part 5 of Subtitle A of Title 24 of the Code of Federal Regulations, as published in Volume 80 of the Federal Register, Number 136, page 42272, dated July 16, 2015, or an analysis of impediments to fair housing choice in accordance with the requirements of Section 91.225 of Title 24 of the Code of Federal Regulations in effect before August 17, 2015, may
						incorporate relevant portions of that assessment or revised assessment of fair housing or analysis or revised analysis of impediments to fair housing into its housing element.
							</html:p>
							<html:p>
								(C)
								<html:span class="EnSpace"/>
								(i)
								<html:span class="EnSpace"/>
								The requirements of this paragraph shall apply to housing elements due to be revised pursuant to Section 65588 on or after January 1, 2021.
							</html:p>
							<html:p>
								(ii)
								<html:span class="EnSpace"/>
								The assessment required pursuant to this paragraph shall be completed before the planning agency makes its first draft revision of a housing element available for public comment pursuant to subdivision (b) of Section 65585.
							</html:p>
							<html:p>
								(D)
								<html:span class="EnSpace"/>
								(i)
								<html:span class="EnSpace"/>
								On or before December 31, 2026, the department
						shall develop a standardized reporting format for programs and actions taken pursuant to this paragraph. The standardized reporting format shall enable the reporting of all of the assessment components listed in subparagraph (A) and, at a minimum, include all of the following fields:
							</html:p>
							<html:p>
								(I)
								<html:span class="EnSpace"/>
								Timelines for implementation.
							</html:p>
							<html:p>
								(II)
								<html:span class="EnSpace"/>
								Responsible party or parties.
							</html:p>
							<html:p>
								(III)
								<html:span class="EnSpace"/>
								Resources committed from the local budget to affirmatively further fair housing.
							</html:p>
							<html:p>
								(IV)
								<html:span class="EnSpace"/>
								Action areas.
							</html:p>
							<html:p>
								(V)
								<html:span class="EnSpace"/>
								Potential impacts of the program.
							</html:p>
							<html:p>
								(ii)
								<html:span class="EnSpace"/>
								A local government shall utilize the standardized report format developed pursuant to this subparagraph for the seventh and each
						subsequent revision of the housing element.
							</html:p>
							<html:p>
								(d)
								<html:span class="EnSpace"/>
								(1)
								<html:span class="EnSpace"/>
								A local government may satisfy all or part of its requirement to identify a zone or zones suitable for the development of emergency shelters pursuant to paragraph (4) of subdivision (a) by adopting and implementing a multijurisdictional agreement, with a maximum of two other adjacent communities, that requires the participating jurisdictions to develop at least one year-round emergency shelter within two years of the beginning of the planning period.
							</html:p>
							<html:p>
								(2)
								<html:span class="EnSpace"/>
								The agreement shall allocate a portion of the new shelter capacity to each jurisdiction as credit toward its emergency shelter need, and each jurisdiction shall describe how the capacity was allocated as part of its housing element.
							</html:p>
							<html:p>
								(3)
								<html:span class="EnSpace"/>
								Each member jurisdiction of a multijurisdictional
						agreement shall describe in its housing element all of the following:
							</html:p>
							<html:p>
								(A)
								<html:span class="EnSpace"/>
								How the joint facility will meet the jurisdiction’s emergency shelter need.
							</html:p>
							<html:p>
								(B)
								<html:span class="EnSpace"/>
								The jurisdiction’s contribution to the facility for both the development and ongoing operation and management of the facility.
							</html:p>
							<html:p>
								(C)
								<html:span class="EnSpace"/>
								The amount and source of the funding that the jurisdiction contributes to the facility.
							</html:p>
							<html:p>
								(4)
								<html:span class="EnSpace"/>
								The aggregate capacity claimed by the participating jurisdictions in their housing elements shall not exceed the actual capacity of the shelter.
							</html:p>
							<html:p>
								(e)
								<html:span class="EnSpace"/>
								Except as otherwise provided in this article, amendments to this article that alter the required content of a housing element shall apply to both of the following:
							</html:p>
							<html:p>
								(1)
								<html:span class="EnSpace"/>
								A housing element or housing element amendment prepared pursuant to subdivision (e) of Section 65588 or Section 65584.02, when a city, county, or city and county submits a draft to the department for review pursuant to Section 65585 more than 90 days after the effective date of the amendment to this section.
							</html:p>
							<html:p>
								(2)
								<html:span class="EnSpace"/>
								Any housing element or housing element amendment prepared pursuant to subdivision (e) of Section 65588 or Section 65584.02, when the city, county, or city and county fails to submit the first draft to the department before the due date specified in Section 65588 or 65584.02.
							</html:p>
							<html:p>
								(f)
								<html:span class="EnSpace"/>
								The deadline for completing required rezoning pursuant to subparagraph (A) of paragraph (1) of subdivision (c) shall be extended by one year if the local government has completed the rezoning at densities sufficient to accommodate at
						least 75 percent of the units for lower income households and if the legislative body at the conclusion of a public hearing determines, based upon substantial evidence, that any of the following circumstances exists:
							</html:p>
							<html:p>
								(1)
								<html:span class="EnSpace"/>
								The local government has been unable to complete the rezoning because of the action or inaction beyond the control of the local government of any other state, federal, or local agency.
							</html:p>
							<html:p>
								(2)
								<html:span class="EnSpace"/>
								The local government is unable to complete the rezoning because of infrastructure deficiencies due to fiscal or regulatory constraints.
							</html:p>
							<html:p>
								(3)
								<html:span class="EnSpace"/>
								The local government must undertake a major revision to its general plan in order to accommodate the housing-related policies of a sustainable communities strategy or an alternative planning strategy adopted pursuant to Section 65080.
							</html:p>
							<html:p>The resolution and the findings shall be transmitted to the department together with a detailed budget and schedule for preparation and adoption of the required rezonings, including plans for citizen participation and expected interim action. The schedule shall provide for adoption of the required rezoning within one year of the adoption of the resolution.</html:p>
							<html:p>
								(g)
								<html:span class="EnSpace"/>
								(1)
								<html:span class="EnSpace"/>
								If a local government fails to complete the rezoning by the deadline provided in subparagraph (A) of paragraph (1) of subdivision (c), as it may be extended pursuant to subdivision (f), except as provided in paragraph (2), a local government may not disapprove a housing development project, nor require a conditional use permit, planned unit development permit, or other locally imposed discretionary permit, or impose a condition that would render the project infeasible, if the housing development project, (A) is proposed to be
						located on a site required to be rezoned pursuant to the program action required by that subparagraph and, (B) complies with applicable, objective general plan and zoning standards and criteria, including design review standards, described in the program action required by that subparagraph. Any subdivision of sites shall be subject to the Subdivision Map Act (Division 2 (commencing with Section 66410)). Design review shall not constitute a “project” for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code.
							</html:p>
							<html:p>
								(2)
								<html:span class="EnSpace"/>
								A local government may disapprove a housing development described in paragraph (1) if it makes written findings supported by substantial evidence on the record that both of the following conditions exist:
							</html:p>
							<html:p>
								(A)
								<html:span class="EnSpace"/>
								The housing development project would have a specific, adverse impact upon the public health or safety unless the project is
						disapproved or approved upon the condition that the project be developed at a lower density. As used in this paragraph, a “specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.
							</html:p>
							<html:p>
								(B)
								<html:span class="EnSpace"/>
								There is no feasible method to satisfactorily mitigate or avoid the adverse impact identified pursuant to paragraph (1), other than the disapproval of the housing development project or the approval of the project upon the condition that it be developed at a lower density.
							</html:p>
							<html:p>
								(3)
								<html:span class="EnSpace"/>
								The applicant or any interested person may bring an action to enforce this subdivision. If a court finds that the local agency disapproved a project or conditioned its approval in violation of this subdivision, the court shall issue
						an order or judgment compelling compliance within 60 days. The court shall retain jurisdiction to ensure that its order or judgment is carried out. If the court determines that its order or judgment has not been carried out within 60 days, the court may issue further orders to ensure that the purposes and policies of this subdivision are fulfilled. In any such action, the city, county, or city and county shall bear the burden of proof.
							</html:p>
							<html:p>
								(4)
								<html:span class="EnSpace"/>
								For purposes of this subdivision, “housing development project” means a project to construct residential units for which the project developer provides sufficient legal commitments to the appropriate local agency to ensure the continued availability and use of at least 49 percent of the housing units for very low, low-, and moderate-income households with an affordable housing cost or affordable rent, as defined in Section 50052.5 or 50053 of the Health and Safety Code, respectively, for the period required
						by the applicable financing.
							</html:p>
							<html:p>
								(h)
								<html:span class="EnSpace"/>
								An action to enforce the program actions of the housing element shall be brought pursuant to Section 1085 of the Code of Civil Procedure.
							</html:p>
							<html:p>
								(i)
								<html:span class="EnSpace"/>
								Notwithstanding any other law, the otherwise applicable timeframe set forth in paragraph (2) of subdivision (b) and subdivision (d) of Section 21080.3.1 of the Public Resources Code, and paragraph (3) of subdivision (d) of Section 21082.3 of the Public Resources Code, for a Native American tribe to respond to a lead agency and request consultation in writing is extended by 30 days for any housing development project application determined or deemed to be complete on or after March 4, 2020, and prior to December 31, 2021.
							</html:p>
							<html:p>
								(j)
								<html:span class="EnSpace"/>
								On or after January 1, 2024, at the discretion of the department, the analysis of government constraints pursuant to
						paragraph (5) of subdivision (a) may include an analysis of constraints upon the maintenance, improvement, or development of housing for persons with a characteristic identified in subdivision (b) of Section 51 of the Civil Code. The implementation of this subdivision is contingent upon an appropriation by the Legislature in the annual Budget Act or another statute for this purpose.
							</html:p>
						</ns0:Content>
					</ns0:LawSectionVersion>
				</ns0:LawSection>
			</ns0:Fragment>
		</ns0:BillSection>
		<ns0:BillSection id="id_F47286AD-4825-4D2D-A46B-B77FD3DFA94F">
			<ns0:Num>SEC. 2.</ns0:Num>
			<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:GOV:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'TITLE'%20and%20caml%3ANum%3D'7.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'1.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'3.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'10.6.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'65584.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
				Section 65584 of the 
				<ns0:DocName>Government Code</ns0:DocName>
				 is amended to read:
			</ns0:ActionLine>
			<ns0:Fragment>
				<ns0:LawSection id="id_D99DEB6D-6920-45B7-833C-F4C289F4126A">
					<ns0:Num>65584.</ns0:Num>
					<ns0:LawSectionVersion id="id_2479FCF5-9A39-4B8D-8E6A-68A885ED805F">
						<ns0:Content>
							<html:p>
								(a)
								<html:span class="EnSpace"/>
								(1)
								<html:span class="EnSpace"/>
								For the fourth and subsequent revisions of the housing element pursuant to Section 65588, the department shall determine the existing and projected need for housing for each region pursuant to this article. For purposes of subdivision (a) of Section 65583, the share of a city or county of the regional housing need shall include that share of the housing need of persons at all income levels within the area significantly affected by the general plan of the city or county.
							</html:p>
							<html:p>
								(2)
								<html:span class="EnSpace"/>
								It is the intent of the Legislature that cities, counties, and cities and counties should undertake all necessary actions to encourage, promote, and facilitate the development of housing to
						accommodate the entire regional housing need, and reasonable actions should be taken by local and regional governments to ensure that future housing production meets, at a minimum, the regional housing need established for planning purposes. These actions shall include applicable reforms and incentives in Section 65582.1.
							</html:p>
							<html:p>
								(3)
								<html:span class="EnSpace"/>
								The Legislature finds and declares that insufficient housing in job centers hinders the state’s environmental quality and runs counter to the state’s environmental goals. In particular, when Californians seeking affordable housing are forced to drive longer distances to work, an increased amount of greenhouse gases and other pollutants are released and puts in jeopardy the achievement of the state’s climate goals, as established pursuant to Section 38566 of the Health and Safety Code, and clean air
						goals.
							</html:p>
							<html:p>
								(b)
								<html:span class="EnSpace"/>
								(1)
								<html:span class="EnSpace"/>
								(A)
								<html:span class="EnSpace"/>
								The department, in consultation with each council of governments, shall determine each region’s existing and projected housing need pursuant to Section 65584.01 at least three years prior to the scheduled revision required pursuant to Section 65588, except in the following circumstances:
							</html:p>
							<html:p>
								(i)
								<html:span class="EnSpace"/>
								For regions with a scheduled housing element revision due date in the 2027 calendar year, the department shall determine the region’s housing need at least two years prior to the scheduled revision.
							</html:p>
							<html:p>
								(ii)
								<html:span class="EnSpace"/>
								For regions with a scheduled housing element revision due date in the 2028 calendar year or the first 6 months of the 2029 calendar year, the department shall determine the region’s housing need at least 32 months prior to the scheduled revision.
							</html:p>
							<html:p>
								(B)
								<html:span class="EnSpace"/>
								For cities and counties without a council of governments, the department shall determine each region’s existing and projected housing need pursuant to Section 65584.01 at least
						24 months prior to the scheduled revision required pursuant to Section 65588.
							</html:p>
							<html:p>
								(2)
								<html:span class="EnSpace"/>
								The appropriate council of governments, or for cities and counties
						without a council of governments, the department, shall adopt a final regional housing need plan that allocates a share of the regional housing need to each city, county, or city and county at least one year prior to the scheduled revision for the region required by Section 65588. The allocation plan prepared by a council of governments shall be prepared pursuant to Sections
						65584.04 and 65584.05.
							</html:p>
							<html:p>
								(c)
								<html:span class="EnSpace"/>
								Notwithstanding any other provision of law, the due dates for the determinations of the department or for the council of governments, respectively, regarding the regional housing need may be extended by the department by not more than 60 days if the extension will enable access to more recent critical population or housing data from a pending or recent release of the United States Census Bureau or the Department of Finance. If the due date for the determination of the department or the council of governments is extended for this reason, the department shall extend the corresponding housing element revision deadline pursuant to Section 65588 by not more than 60 days.
							</html:p>
							<html:p>
								(d)
								<html:span class="EnSpace"/>
								The regional housing needs allocation plan shall further all of
						the following objectives:
							</html:p>
							<html:p>
								(1)
								<html:span class="EnSpace"/>
								Increasing the housing supply and the mix of housing types, tenure, and affordability in all cities and counties within the region in an equitable manner, which shall result in each jurisdiction receiving an allocation of units for low- and very low income households. The regional housing needs allocation plan shall allocate units for extremely low and acutely low income households in a manner that is roughly proportional to, and within a range of 3 percent of, the housing need for very low income households.
							</html:p>
							<html:p>
								(2)
								<html:span class="EnSpace"/>
								Promoting infill development and socioeconomic equity, the protection of environmental and agricultural resources, the encouragement of efficient development patterns, and the achievement of the region’s greenhouse gas reductions targets provided
						by the State Air Resources Board pursuant to Section 65080.
							</html:p>
							<html:p>
								(3)
								<html:span class="EnSpace"/>
								Promoting an improved intraregional relationship between jobs and housing, including an improved balance between the number of low-wage jobs and the number of housing units affordable to low-wage workers in each jurisdiction.
							</html:p>
							<html:p>
								(4)
								<html:span class="EnSpace"/>
								Allocating a lower proportion of housing need to an income category when a jurisdiction already has a disproportionately high share of households in that income category, as compared to the countywide distribution of households in that category from the most recent American Community Survey.
							</html:p>
							<html:p>
								(5)
								<html:span class="EnSpace"/>
								Affirmatively furthering fair housing.
							</html:p>
							<html:p>
								(e)
								<html:span class="EnSpace"/>
								For purposes of this section,
						“affirmatively furthering fair housing” means taking meaningful actions, in addition to combating discrimination, that overcome patterns of segregation and foster inclusive communities free from barriers that restrict access to opportunity based on protected characteristics. Specifically, affirmatively furthering fair housing means taking meaningful actions that, taken together, address significant disparities in housing needs and in access to opportunity, replacing segregated living patterns with truly integrated and balanced living patterns, transforming racially and ethnically concentrated areas of poverty into areas of opportunity, and fostering and maintaining compliance with civil rights and fair housing laws.
							</html:p>
							<html:p>
								(f)
								<html:span class="EnSpace"/>
								(1)
								<html:span class="EnSpace"/>
								Subject to paragraph (2), for purposes of this section with respect to revisions of the
						housing element through the sixth revision, “household income levels” are as determined by the department pursuant to the following code sections:
							</html:p>
							<html:p>
								(A)
								<html:span class="EnSpace"/>
								Very low incomes, as defined by Section 50105 of the Health and Safety Code.
							</html:p>
							<html:p>
								(B)
								<html:span class="EnSpace"/>
								Lower incomes, as defined by Section 50079.5 of the Health and Safety Code.
							</html:p>
							<html:p>
								(C)
								<html:span class="EnSpace"/>
								Moderate incomes, as defined by Section 50093 of the Health and Safety Code.
							</html:p>
							<html:p>
								(D)
								<html:span class="EnSpace"/>
								Above moderate incomes are those exceeding the moderate-income level of Section 50093 of the Health and Safety Code.
							</html:p>
							<html:p>
								(2)
								<html:span class="EnSpace"/>
								For purposes of this section with respect to the seventh and subsequent revisions of
						the housing element, “household income levels” are as determined by the department in accordance with the definitions of acutely low, extremely low, very low, low, moderate, and above moderate income in Section 65582.
							</html:p>
							<html:p>
								(g)
								<html:span class="EnSpace"/>
								Notwithstanding any other provision of law, determinations made by the department, a council of governments, or a city or county pursuant to this section or Section 65584.01, 65584.02, 65584.03, 65584.04, 65584.05, 65584.06, 65584.07, or 65584.08 are exempt from the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).
							</html:p>
						</ns0:Content>
					</ns0:LawSectionVersion>
				</ns0:LawSection>
			</ns0:Fragment>
		</ns0:BillSection>
		<ns0:BillSection id="id_6528C8B7-9EA1-4EC9-BFA2-3362CB2DFAC4">
			<ns0:Num>SEC. 3.</ns0:Num>
			<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:GOV:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'TITLE'%20and%20caml%3ANum%3D'7.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'1.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'3.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'10.6.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'65584.01.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
				Section 65584.01 of the 
				<ns0:DocName>Government Code</ns0:DocName>
				 is amended to read:
			</ns0:ActionLine>
			<ns0:Fragment>
				<ns0:LawSection id="id_3A52F1EC-665A-4268-91E7-AF76E1D96137">
					<ns0:Num>65584.01.</ns0:Num>
					<ns0:LawSectionVersion id="id_ECE138AA-2CF5-41C0-BEC4-2811CB61B7A7">
						<ns0:Content>
							<html:p>For the fourth and subsequent revision of the housing element pursuant to Section 65588, the department, in consultation with each council of governments, where applicable, shall determine the existing and projected need for housing for each region in the following manner:</html:p>
							<html:p>
								(a)
								<html:span class="EnSpace"/>
								The department’s determination shall be based upon population projections produced by the Department of Finance and regional population forecasts used in preparing regional transportation plans, in consultation with each council of governments. If the total regional population forecast for the projection year, developed by the council of governments and used for the preparation of the regional transportation plan, is within a range
						of 1.5 percent of the total regional population forecast for the projection year by the Department of Finance, then the population forecast developed by the council of governments shall be the basis from which the department determines the existing and projected need for housing in the region. If the difference between the total population projected by the council of governments and the total population projected for the region by the Department of Finance is greater than 1.5 percent, then the department and the council of governments shall meet to discuss variances in methodology used for population projections and seek agreement on a population projection for the region to be used as a basis for determining the existing and projected housing need for the region. If agreement is not reached, then the population projection for the region shall be the population projection for the region prepared by
						the Department of Finance as may be modified by the department as a result of discussions with the council of governments.
							</html:p>
							<html:p>
								(b)
								<html:span class="EnSpace"/>
								(1)
								<html:span class="EnSpace"/>
								Subject to the applicable deadline specified in paragraph (2), and prior to developing the existing and projected housing need for a region, the department shall meet and consult with the council of governments regarding the assumptions and methodology to be used by the department to determine the region’s housing
						needs. The council of governments shall provide data assumptions from the council’s projections, including, if available, the following data for the region:
							</html:p>
							<html:p>
								(A)
								<html:span class="EnSpace"/>
								Anticipated household growth associated with projected population increases.
							</html:p>
							<html:p>
								(B)
								<html:span class="EnSpace"/>
								Household size data and trends in household size.
							</html:p>
							<html:p>
								(C)
								<html:span class="EnSpace"/>
								The percentage of households that are overcrowded within the region and the percentage of households that are overcrowded throughout the nation. For purposes of this subparagraph, the term “overcrowded” means more than one resident per room in each room in a dwelling.
							</html:p>
							<html:p>
								(D)
								<html:span class="EnSpace"/>
								The rate of household formation, or headship rates, based on age,
						gender, ethnicity, or other established demographic measures.
							</html:p>
							<html:p>
								(E)
								<html:span class="EnSpace"/>
								The vacancy rates in existing housing stock, and the vacancy rates for healthy housing market functioning and regional mobility, as well as housing replacement needs. For purposes of this subparagraph, the vacancy rate for a healthy rental housing market shall be considered no less than 5 percent.
							</html:p>
							<html:p>
								(F)
								<html:span class="EnSpace"/>
								Other characteristics of the composition of the projected population.
							</html:p>
							<html:p>
								(G)
								<html:span class="EnSpace"/>
								The relationship between jobs and housing, including any imbalance between jobs and housing.
							</html:p>
							<html:p>
								(H)
								<html:span class="EnSpace"/>
								The percentage of households that are cost burdened within the region and the percentage of households that are cost burdened throughout
						the nation. For the purposes of this subparagraph, the term “cost burdened” means the share of very low, low-, moderate-, and above moderate-income households that are paying more than 30 percent of household income on housing costs.
							</html:p>
							<html:p>
								(I)
								<html:span class="EnSpace"/>
								The loss of units during a state of emergency that was declared by the Governor pursuant to the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2), during the planning period immediately preceding the relevant revision pursuant to Section 65588 that have yet to be rebuilt or replaced at the time of the data request.
							</html:p>
							<html:p>
								(J)
								<html:span class="EnSpace"/>
								The housing needs of individuals and families experiencing homelessness.
							</html:p>
							<html:p>
								(i)
								<html:span class="EnSpace"/>
								The data utilized by the council of
						governments shall align with homelessness data best practices as determined by the department.
							</html:p>
							<html:p>
								(ii)
								<html:span class="EnSpace"/>
								Sources of homelessness data may include the Homeless Data Integration System administered by the Interagency Council on Homelessness, the homeless point-in-time count, or other sources deemed appropriate by the department.
							</html:p>
							<html:p>
								(2)
								<html:span class="EnSpace"/>
								The deadline for the department to meet and consult with each council of governments pursuant to paragraph (1) shall be as follows:
							</html:p>
							<html:p>
								(A)
								<html:span class="EnSpace"/>
								For the fourth, fifth, and sixth revisions of the housing element, at least 26 months prior to the scheduled revision pursuant to Section 65588.
							</html:p>
							<html:p>
								(B)
								<html:span class="EnSpace"/>
								For the seventh revision of the housing
						element, the applicable of the following:
							</html:p>
							<html:p>
								(i)
								<html:span class="EnSpace"/>
								With respect to the following councils of governments, at least 26 months prior to the scheduled revision pursuant to Section 65588:
							</html:p>
							<html:p>
								(I)
								<html:span class="EnSpace"/>
								The Humboldt County Association of Governments.
							</html:p>
							<html:p>
								(II)
								<html:span class="EnSpace"/>
								The Lake Area Planning Council.
							</html:p>
							<html:p>
								(III)
								<html:span class="EnSpace"/>
								The Mendocino Council of Governments.
							</html:p>
							<html:p>
								(IV)
								<html:span class="EnSpace"/>
								The County of Nevada.
							</html:p>
							<html:p>
								(ii)
								<html:span class="EnSpace"/>
								With respect to the following councils of governments, at least 34 months prior to the scheduled revision pursuant to Section 65588:
							</html:p>
							<html:p>
								(I)
								<html:span class="EnSpace"/>
								The San Luis Obispo Council of Governments.
							</html:p>
							<html:p>
								(II)
								<html:span class="EnSpace"/>
								The Sacramento Area Council of Governments.
							</html:p>
							<html:p>
								(iii)
								<html:span class="EnSpace"/>
								With respect to all councils of governments other than those specified in clauses (i) and (ii), at least 38 months prior to the scheduled revision pursuant to Section 65588.
							</html:p>
							<html:p>
								(C)
								<html:span class="EnSpace"/>
								For the eighth and subsequent revisions of the housing element, at least 38 months prior to the scheduled revision pursuant to Section 65588.
							</html:p>
							<html:p>
								(3)
								<html:span class="EnSpace"/>
								The department may accept or reject the information provided by the council of governments or modify its own assumptions or methodology based on this information. After consultation with the council of governments, the department shall
						make determinations in writing on the assumptions for each of the factors listed in subparagraphs (A) to (I), inclusive, of paragraph (1) and the methodology it shall use and shall provide these determinations to the council of governments. The methodology submitted by the department may make adjustments based on the region’s total projected households, which includes existing households as well as projected households.
							</html:p>
							<html:p>
								(c)
								<html:span class="EnSpace"/>
								(1)
								<html:span class="EnSpace"/>
								After consultation with the council of governments, the department shall make a determination of the region’s existing and projected housing need based upon the assumptions and methodology determined pursuant to subdivision (b). The region’s existing and projected housing need shall reflect the achievement of a feasible balance between jobs and housing within the region using the regional
						employment projections in the applicable regional transportation plan. Within 30 days following notice of the determination from the department, the council of governments may file an objection to the department’s determination of the region’s existing and projected housing need with the department.
							</html:p>
							<html:p>
								(2)
								<html:span class="EnSpace"/>
								The objection shall be based on and substantiate either of the following:
							</html:p>
							<html:p>
								(A)
								<html:span class="EnSpace"/>
								The department failed to base its determination on the population projection for the region established pursuant to subdivision (a), and shall identify the population projection which the council of governments believes should instead be used for the determination and explain the basis for its rationale.
							</html:p>
							<html:p>
								(B)
								<html:span class="EnSpace"/>
								The regional housing need determined by
						the department is not a reasonable application of the methodology and assumptions determined pursuant to subdivision (b). The objection shall include a proposed alternative determination of its regional housing need based upon the determinations made in subdivision (b), including analysis of why the proposed alternative would be a more reasonable application of the methodology and assumptions determined pursuant to subdivision (b).
							</html:p>
							<html:p>
								(3)
								<html:span class="EnSpace"/>
								If a council of governments files an objection pursuant to this subdivision and includes with the objection a proposed alternative determination of its regional housing need, it shall also include documentation of its basis for the alternative determination. Within 45 days of receiving an objection filed pursuant to this section, the department shall consider the objection and make a final written
						determination of the region’s existing and projected housing need that includes an explanation of the information upon which the determination was made.
							</html:p>
							<html:p>
								(4)
								<html:span class="EnSpace"/>
								In regions in which the department is required to distribute the regional housing need pursuant to Section 65584.06, no city or county may file an objection to the regional housing need determination.
							</html:p>
							<html:p>
								(d)
								<html:span class="EnSpace"/>
								Statutory changes enacted after the date the department issued a final determination pursuant to this section shall not be a basis for a revision of the final determination.
							</html:p>
						</ns0:Content>
					</ns0:LawSectionVersion>
				</ns0:LawSection>
			</ns0:Fragment>
		</ns0:BillSection>
		<ns0:BillSection id="id_CCB2624D-8ADA-43B7-8349-FD2490DBF951">
			<ns0:Num>SEC. 3.5.</ns0:Num>
			<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:GOV:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'TITLE'%20and%20caml%3ANum%3D'7.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'1.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'3.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'10.6.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'65584.01.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
				Section 65584.01 of the 
				<ns0:DocName>Government Code</ns0:DocName>
				 is amended to read:
			</ns0:ActionLine>
			<ns0:Fragment>
				<ns0:LawSection id="id_741A0DC0-CE68-4A8F-9B10-75E2F5958E98">
					<ns0:Num>65584.01.</ns0:Num>
					<ns0:LawSectionVersion id="id_B157C409-DB7C-4DFB-A447-C38822CBBC7C">
						<ns0:Content>
							<html:p>For the fourth and subsequent revision of the housing element pursuant to Section 65588, the department, in consultation with each council of governments, where applicable, shall determine the existing and projected need for housing for each region in the following manner:</html:p>
							<html:p>
								(a)
								<html:span class="EnSpace"/>
								The department’s determination shall be based upon population projections produced by the Department of Finance and regional population forecasts used in preparing regional transportation plans, in consultation with each council of governments. If the total regional population forecast for the projection year, developed by the council of governments and used for the preparation of the regional transportation plan, is within a range of 1.5 percent of the total regional population forecast for the projection
						year by the Department of Finance, then the population forecast developed by the council of governments shall be the basis from which the department determines the existing and projected need for housing in the region. If the difference between the total population projected by the council of governments and the total population projected for the region by the Department of Finance is greater than 1.5 percent, then the department and the council of governments shall meet to discuss variances in methodology used for population projections and seek agreement on a population projection for the region to be used as a basis for determining the existing and projected housing need for the region. If agreement is not reached, then the population projection for the region shall be the population projection for the region prepared by the Department of Finance as may be modified by the department as a result of discussions with the council of governments.
							</html:p>
							<html:p>
								(b)
								<html:span class="EnSpace"/>
								(1)
								<html:span class="EnSpace"/>
								Subject to the applicable deadline specified in paragraph (2), and before developing the existing and projected housing need for a region, the department shall meet and consult with the council of governments regarding the assumptions and methodology to be used by the department to determine the region’s housing needs. The council of governments shall provide data assumptions from the council’s projections, including, if available, the following data for the region:
							</html:p>
							<html:p>
								(A)
								<html:span class="EnSpace"/>
								(i)
								<html:span class="EnSpace"/>
								Anticipated household growth associated with projected population increases.
							</html:p>
							<html:p>
								(ii)
								<html:span class="EnSpace"/>
								The Department of Finance shall consider changes in enrollment levels at campuses of the University of California or the California State University in the region, as forecasted by the University of California and the California State University pursuant to paragraph (9) of subdivision (e) of Section 65584.04, when preparing the anticipated household growth associated with projected population increases.
							</html:p>
							<html:p>
								(B)
								<html:span class="EnSpace"/>
								Household size data and trends in household size.
							</html:p>
							<html:p>
								(C)
								<html:span class="EnSpace"/>
								The percentage of households that are overcrowded within the region and the percentage of households that are overcrowded throughout the nation. For purposes of this subparagraph, the term “overcrowded” means more than one resident per room in each room in a dwelling.
							</html:p>
							<html:p>
								(D)
								<html:span class="EnSpace"/>
								The rate of household formation, or headship rates, based on age, gender, ethnicity, or other established demographic measures.
							</html:p>
							<html:p>
								(E)
								<html:span class="EnSpace"/>
								The vacancy rates in existing housing stock, and the vacancy rates for healthy housing market functioning and regional mobility, as well as housing replacement needs. For purposes of this subparagraph, the vacancy rate for a healthy rental housing market shall be considered no less than 5 percent.
							</html:p>
							<html:p>
								(F)
								<html:span class="EnSpace"/>
								Other characteristics of the composition of the
						projected population.
							</html:p>
							<html:p>
								(G)
								<html:span class="EnSpace"/>
								The relationship between jobs and housing, including any imbalance between jobs and housing.
							</html:p>
							<html:p>
								(H)
								<html:span class="EnSpace"/>
								The percentage of households that are cost burdened within the region and the percentage of households that are cost burdened throughout the nation. For the purposes of this subparagraph, the term “cost burdened” means the share of very low, low-, moderate-, and above moderate-income households that are paying more than 30 percent of household income on housing costs.
							</html:p>
							<html:p>
								(I)
								<html:span class="EnSpace"/>
								The loss of units during a state of emergency that was declared by the Governor pursuant to the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2), during the planning period immediately preceding the relevant revision pursuant to Section 65588 that have yet to be rebuilt or
						replaced at the time of the data request.
							</html:p>
							<html:p>
								(J)
								<html:span class="EnSpace"/>
								The housing needs of individuals and families experiencing homelessness.
							</html:p>
							<html:p>
								(i)
								<html:span class="EnSpace"/>
								The data used by the council of governments shall align with homelessness data best practices as determined by the department.
							</html:p>
							<html:p>
								(ii)
								<html:span class="EnSpace"/>
								Sources of homelessness data may include the Homeless Data Integration System administered by the Interagency Council on Homelessness, the homeless point-in-time count, or other sources deemed appropriate by the department.
							</html:p>
							<html:p>
								(2)
								<html:span class="EnSpace"/>
								The deadline for the department to meet and consult with each council of governments pursuant to paragraph (1) shall be as follows:
							</html:p>
							<html:p>
								(A)
								<html:span class="EnSpace"/>
								For the fourth, fifth, and sixth revisions of the housing element, at least 26 months prior to the scheduled revision pursuant to Section 65588.
							</html:p>
							<html:p>
								(B)
								<html:span class="EnSpace"/>
								For the seventh revision of the housing element, the applicable of the following:
							</html:p>
							<html:p>
								(i)
								<html:span class="EnSpace"/>
								With respect to the following councils of governments, at least 26 months prior to the scheduled revision pursuant to Section 65588:
							</html:p>
							<html:p>
								(I)
								<html:span class="EnSpace"/>
								The Humboldt County Association of Governments.
							</html:p>
							<html:p>
								(II)
								<html:span class="EnSpace"/>
								The Lake Area Planning Council.
							</html:p>
							<html:p>
								(III)
								<html:span class="EnSpace"/>
								The Mendocino
						Council of Governments.
							</html:p>
							<html:p>
								(IV)
								<html:span class="EnSpace"/>
								The County of Nevada.
							</html:p>
							<html:p>
								(ii)
								<html:span class="EnSpace"/>
								With respect to the following councils of governments, at least 34 months prior to the scheduled revision pursuant to Section 65588:
							</html:p>
							<html:p>
								(I)
								<html:span class="EnSpace"/>
								The San Luis Obispo Council of Governments.
							</html:p>
							<html:p>
								(II)
								<html:span class="EnSpace"/>
								The Sacramento Area Council of Governments.
							</html:p>
							<html:p>
								(iii)
								<html:span class="EnSpace"/>
								With respect to all councils of governments other than those specified in clauses (i) and (ii), at least 38 months prior to the scheduled revision pursuant to Section 65588.
							</html:p>
							<html:p>
								(C)
								<html:span class="EnSpace"/>
								For the eighth and subsequent revisions of the housing element, at least 38 months prior to the scheduled revision pursuant to Section 65588.
							</html:p>
							<html:p>
								(3)
								<html:span class="EnSpace"/>
								The department may accept or reject the information provided by the council of governments or modify its own assumptions or methodology based on this information. After consultation with the council of governments, the department shall make determinations in writing on the assumptions for each of the factors listed in subparagraphs (A) to (I), inclusive, of paragraph (1) and the methodology it shall use and shall provide these determinations to the council of governments. The methodology submitted by the department may make adjustments based on the region’s total projected households, which includes existing households as well as projected households.
							</html:p>
							<html:p>
								(c)
								<html:span class="EnSpace"/>
								(1)
								<html:span class="EnSpace"/>
								After consultation with the council of governments, the department shall make a determination
						of the region’s existing and projected housing need based upon the assumptions and methodology determined pursuant to subdivision (b). The region’s existing and projected housing need shall reflect the achievement of a feasible balance between jobs and housing within the region using the regional employment projections in the applicable regional transportation plan. Within 30 days following notice of the determination from the department, the council of governments may file an objection to the department’s determination of the region’s existing and projected housing need with the department.
							</html:p>
							<html:p>
								(2)
								<html:span class="EnSpace"/>
								The objection shall be based on and substantiate either of the following:
							</html:p>
							<html:p>
								(A)
								<html:span class="EnSpace"/>
								The department failed to base its determination on the population projection for the region established pursuant to subdivision (a), and shall identify the population projection which the council of governments
						believes should instead be used for the determination and explain the basis for its rationale.
							</html:p>
							<html:p>
								(B)
								<html:span class="EnSpace"/>
								The regional housing need determined by the department is not a reasonable application of the methodology and assumptions determined pursuant to subdivision (b). The objection shall include a proposed alternative determination of its regional housing need based upon the determinations made in subdivision (b), including analysis of why the proposed alternative would be a more reasonable application of the methodology and assumptions determined pursuant to subdivision (b).
							</html:p>
							<html:p>
								(3)
								<html:span class="EnSpace"/>
								If a council of governments files an objection pursuant to this subdivision and includes with the objection a proposed alternative determination of its regional housing need, it shall also include documentation of its basis for the alternative determination. Within 45 days of receiving an objection filed pursuant
						to this section, the department shall consider the objection and make a final written determination of the region’s existing and projected housing need that includes an explanation of the information upon which the determination was made.
							</html:p>
							<html:p>
								(4)
								<html:span class="EnSpace"/>
								In regions in which the department is required to distribute the regional housing need pursuant to Section 65584.06, no city or county may file an objection to the regional housing need determination.
							</html:p>
							<html:p>
								(d)
								<html:span class="EnSpace"/>
								Statutory changes enacted after the date the department issued a final determination pursuant to this section shall not be a basis for a revision of the final determination.
							</html:p>
						</ns0:Content>
					</ns0:LawSectionVersion>
				</ns0:LawSection>
			</ns0:Fragment>
		</ns0:BillSection>
		<ns0:BillSection id="id_B0AEB433-1100-46E5-BF22-4B125782B390">
			<ns0:Num>SEC. 4.</ns0:Num>
			<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:GOV:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'TITLE'%20and%20caml%3ANum%3D'7.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'1.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'3.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'10.6.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'65584.03.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
				Section 65584.03 of the 
				<ns0:DocName>Government Code</ns0:DocName>
				 is amended to read:
			</ns0:ActionLine>
			<ns0:Fragment>
				<ns0:LawSection id="id_39A20E69-E8E6-4C40-943E-A6257D77D10D">
					<ns0:Num>65584.03.</ns0:Num>
					<ns0:LawSectionVersion id="id_712E5539-78C4-4AAF-97BD-D247BBA4577F">
						<ns0:Content>
							<html:p>
								(a)
								<html:span class="EnSpace"/>
								At least 34 months prior to the scheduled housing element update required by Section 65588, at least two or more cities and a county, or counties, may form a subregional entity for the purpose of allocation of the subregion’s existing and projected need for housing among its members in accordance with the allocation methodology established pursuant to Section 65584.04. The purpose of establishing a subregion shall be to recognize the community of interest and mutual challenges and opportunities for providing housing within a subregion. A subregion formed pursuant to this section may include a single county and each of the cities in that county or any other combination of geographically contiguous local governments and shall be approved by
						the adoption of a resolution by each of the local governments in the subregion as well as by the council of governments. All decisions of the subregion shall be approved by vote as provided for in rules adopted by the local governments comprising the subregion or shall be approved by vote of the county or counties, if any, and the majority of the cities with the majority of population within a county or counties.
							</html:p>
							<html:p>
								(b)
								<html:span class="EnSpace"/>
								Upon formation of the subregional entity, the entity shall notify the council of governments of this formation. If the council of governments has not received notification from an eligible subregional entity at least 34 months prior to the scheduled housing element update required by Section 65588, the council of governments shall implement the provisions of Sections 65584 and 65584.04. The delegate subregion and the
						council of governments shall enter into an agreement that sets forth the process, timing, and other terms and conditions of the delegation of responsibility by the council of governments to the subregion.
							</html:p>
							<html:p>
								(c)
								<html:span class="EnSpace"/>
								At least 31 months prior to the scheduled revision, the council of governments shall determine the share of regional housing need assigned to each delegate subregion. The share or shares allocated to the delegate subregion or subregions by a council of governments shall be in a proportion consistent with the distribution of households assumed for the comparable time period of the applicable regional transportation plan. Prior to allocating the regional housing needs to any delegate subregion or subregions, the council of governments shall hold at least one public hearing, and may consider requests for revision of the proposed
						allocation to a subregion. If a proposed revision is rejected, the council of governments shall respond with a written explanation of why the proposed revised share has not been accepted.
							</html:p>
							<html:p>
								(d)
								<html:span class="EnSpace"/>
								Each delegate subregion shall fully allocate its share of the regional housing need to local governments within its subregion. If a delegate subregion fails to complete the regional housing need allocation process among its member jurisdictions in a manner consistent with this article and with the delegation agreement between the subregion and the council of governments, the allocations to member jurisdictions shall be made by the council of governments.
							</html:p>
						</ns0:Content>
					</ns0:LawSectionVersion>
				</ns0:LawSection>
			</ns0:Fragment>
		</ns0:BillSection>
		<ns0:BillSection id="id_BDC5C369-D2C0-4149-B86B-2109D5B73CA7">
			<ns0:Num>SEC. 4.5.</ns0:Num>
			<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:GOV:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'TITLE'%20and%20caml%3ANum%3D'7.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'1.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'3.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'10.6.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'65584.03.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
				Section 65584.03 of the 
				<ns0:DocName>Government Code</ns0:DocName>
				 is amended to read:
			</ns0:ActionLine>
			<ns0:Fragment>
				<ns0:LawSection id="id_4524DA4E-8CAF-47D6-90AF-A96071C7A9B8">
					<ns0:Num>65584.03.</ns0:Num>
					<ns0:LawSectionVersion id="id_8924B90A-8F17-4F1A-ADAE-7995089F4F5F">
						<ns0:Content>
							<html:p>
								(a)
								<html:span class="EnSpace"/>
								At least 34 months prior to the scheduled housing element update required by Section 65588, at least two or more cities and a county, or counties, may form a subregional entity for the purpose of allocation of the subregion’s existing and projected need for housing among its members in accordance with the allocation methodology established pursuant to Section 65584.04. The purpose of establishing a subregion shall be to recognize the community of interest and mutual challenges and opportunities for providing housing within a subregion. A subregion formed pursuant to this section may include a single county and each of the
						cities in that county or any other combination of geographically contiguous local governments and shall be approved by the adoption of a resolution by each of the local governments in the subregion as well as by the council of governments. All decisions of the subregion shall be approved by vote as provided for in rules adopted by the local governments comprising the subregion or shall be approved by vote of the county or counties, if any, and the majority of the cities with the majority of population within a county or counties.
							</html:p>
							<html:p>
								(b)
								<html:span class="EnSpace"/>
								Upon formation of the subregional entity, the entity shall notify the council of governments of this formation. If the council of governments has not received notification from an eligible subregional entity at least 34
						months prior to the scheduled housing element update required by Section 65588, the council of governments shall implement the provisions of Sections 65584 and 65584.04. The delegate subregion and the council of governments shall enter into an agreement that sets forth the process, timing, and other terms and conditions of the delegation of responsibility by the council of governments to the subregion.
							</html:p>
							<html:p>
								(c)
								<html:span class="EnSpace"/>
								At least 31 months prior to the scheduled revision, the council of governments shall determine the share of regional housing need assigned to each delegate subregion. The share or shares allocated to the delegate subregion or subregions by a council of governments shall be in a proportion consistent with the
						subregion’s share of the current adopted final regional housing need allocation plan. Prior to allocating the regional housing needs to any delegate subregion or subregions, the council of governments shall hold at least one public hearing, and may consider requests for revision of the proposed allocation to a subregion. If a proposed revision is rejected, the council of governments shall respond with a written explanation of why the proposed revised share has not been accepted.
							</html:p>
							<html:p>
								(d)
								<html:span class="EnSpace"/>
								Each delegate subregion shall fully allocate its share of the regional housing need to local governments within its subregion. If a delegate subregion fails to complete the regional housing need allocation process among its member jurisdictions in a manner consistent with this article and with the delegation agreement between the subregion and the council of governments, the allocations to member jurisdictions shall be made
						by the council of governments.
							</html:p>
						</ns0:Content>
					</ns0:LawSectionVersion>
				</ns0:LawSection>
			</ns0:Fragment>
		</ns0:BillSection>
		<ns0:BillSection id="id_57570C17-0613-4C34-91F4-57EB9A5819C3">
			<ns0:Num>SEC. 5.</ns0:Num>
			<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:GOV:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'TITLE'%20and%20caml%3ANum%3D'7.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'1.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'3.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'10.6.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'65584.04.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
				Section 65584.04 of the 
				<ns0:DocName>Government Code</ns0:DocName>
				 is amended to read:
			</ns0:ActionLine>
			<ns0:Fragment>
				<ns0:LawSection id="id_67F5D4E4-D7A4-41CB-ABA8-B3F79AF4E0A5">
					<ns0:Num>65584.04.</ns0:Num>
					<ns0:LawSectionVersion id="id_EE107DDB-72A5-4DF4-ADCD-C6D1378BCED0">
						<ns0:Content>
							<html:p>
								(a)
								<html:span class="EnSpace"/>
								At least two and one-half years before a scheduled revision required by Section 65588, each council of governments, or delegate subregion as applicable, shall develop, in consultation with the department, a proposed methodology for distributing the existing and projected regional housing need to cities, counties, and cities and counties within the region or within the subregion, where applicable pursuant to this section. The methodology shall further the objectives listed in subdivision (d) of Section 65584.
							</html:p>
							<html:p>
								(b)
								<html:span class="EnSpace"/>
								(1)
								<html:span class="EnSpace"/>
								No more than six months before the development of a proposed methodology for distributing the existing and projected housing need, each
						council of governments shall survey each of its member jurisdictions to request, at a minimum, information regarding the factors listed in subdivision (e) that will allow the development of a methodology based upon the factors established in subdivision (e).
							</html:p>
							<html:p>
								(2)
								<html:span class="EnSpace"/>
								With respect to the objective in paragraph (5) of subdivision (d) of Section 65584, the survey shall review and compile information that will allow the development of a methodology based upon the issues, strategies, and actions that are included, as available, in an Analysis of Impediments to Fair Housing Choice or an Assessment of Fair Housing completed by any city or county or the department that covers communities within the area served by the council of governments, and in housing elements adopted pursuant to this article by cities and counties within the area served by
						the council of governments.
							</html:p>
							<html:p>
								(3)
								<html:span class="EnSpace"/>
								The council of governments shall seek to obtain the information in a manner and format that is comparable throughout the region and utilize readily available data to the extent possible.
							</html:p>
							<html:p>
								(4)
								<html:span class="EnSpace"/>
								The information provided by a local government pursuant to this section shall be used, to the extent possible, by the council of governments, or delegate subregion as applicable, as source information for the methodology developed pursuant to this section. The survey shall state that none of the information received may be used as a basis for reducing the total housing need established for the region pursuant to Section 65584.01.
							</html:p>
							<html:p>
								(5)
								<html:span class="EnSpace"/>
								If the council of governments fails to conduct a survey pursuant to this
						subdivision, a city, county, or city and county may submit information related to the items listed in subdivision (e) before the public comment period provided for in subdivision (d).
							</html:p>
							<html:p>
								(c)
								<html:span class="EnSpace"/>
								The council of governments shall electronically report the results of the survey of fair housing issues, strategies, and actions compiled pursuant to paragraph (2) of subdivision (b). The report shall describe common themes and effective strategies employed by cities and counties within the area served by the council of governments, including common themes and effective strategies around avoiding the displacement of lower income households. The council of governments shall also identify significant barriers to affirmatively furthering fair housing at the regional level and may recommend strategies or actions to overcome those barriers. A council of
						governments or metropolitan planning organization, as appropriate, may use this information for any other purpose, including publication within a regional transportation plan adopted pursuant to Section 65080 or to inform the land use assumptions that are applied in the development of a regional transportation plan.
							</html:p>
							<html:p>
								(d)
								<html:span class="EnSpace"/>
								Public participation and access shall be required in the development of the methodology and in the process of drafting and adoption of the allocation of the regional housing needs. Participation by organizations other than local jurisdictions and councils of governments shall be solicited in a diligent effort to achieve public participation of all economic segments of the community as well as members of protected classes under Section 12955 and households with special housing needs under paragraph (7) of subdivision
						(a) of Section 65583. The proposed methodology, along with any relevant underlying data and assumptions, an explanation of how information about local government conditions gathered pursuant to subdivision (b) has been used to develop the proposed methodology, how each of the factors listed in subdivision (e) is incorporated into the methodology, and how the proposed methodology furthers the objectives listed in subdivision (d) of Section 65584, shall be distributed to all cities, counties, any subregions, and members of the public who have made a written or electronic request for the proposed methodology and published on the council of governments’, or delegate subregion’s, internet website. The council of governments, or delegate subregion, as applicable, shall conduct at least one public hearing to receive oral and written comments on the proposed methodology.
							</html:p>
							<html:p>
								(e)
								<html:span class="EnSpace"/>
								To the extent that sufficient data is available from local governments pursuant to subdivision (b) or other sources, each council of governments, or delegate subregion as applicable, shall consider including the following factors in developing the methodology that allocates regional housing needs:
							</html:p>
							<html:p>
								(1)
								<html:span class="EnSpace"/>
								Each member jurisdiction’s existing and projected jobs and
						housing relationship. This shall include an estimate based on readily available data on the number of low-wage jobs within the jurisdiction and how many housing units within the jurisdiction are affordable to low-wage workers as well as an estimate based on readily available data, of projected job growth and projected household growth by income level within each member jurisdiction during the planning period.
							</html:p>
							<html:p>
								(2)
								<html:span class="EnSpace"/>
								The opportunities and constraints to development of additional housing in each member jurisdiction, including all of the following:
							</html:p>
							<html:p>
								(A)
								<html:span class="EnSpace"/>
								Lack of capacity for sewer or water service due to federal or state laws, regulations or regulatory actions, or supply and distribution decisions made by a sewer or water service provider other than the local
						jurisdiction that preclude the jurisdiction from providing necessary infrastructure for additional development during the planning period.
							</html:p>
							<html:p>
								(B)
								<html:span class="EnSpace"/>
								The availability of land suitable for urban development or for conversion to residential use, the availability of underutilized land, and opportunities for infill development and increased residential densities. The council of governments may not limit its consideration of suitable housing sites or land suitable for urban development to existing zoning ordinances and land use restrictions of a locality, but shall consider the potential for increased residential development under alternative zoning ordinances and land use restrictions. The determination of available land suitable for urban development may exclude lands where the Federal Emergency Management Agency (FEMA) or the Department of Water
						Resources has determined that the flood management infrastructure designed to protect that land is not adequate to avoid the risk of flooding.
							</html:p>
							<html:p>
								(C)
								<html:span class="EnSpace"/>
								Lands preserved or protected from urban development under existing federal or state programs, or both, designed to protect open space, farmland, environmental habitats, and natural resources on a long-term basis, including land zoned or designated for agricultural protection or preservation that is subject to a local ballot measure that was approved by the voters of that jurisdiction that prohibits or restricts conversion to nonagricultural uses.
							</html:p>
							<html:p>
								(D)
								<html:span class="EnSpace"/>
								County policies to preserve prime agricultural land, as defined pursuant to Section 56064, within an unincorporated area and land within an unincorporated area zoned or designated for agricultural
						protection or preservation that is subject to a local ballot measure that was approved by the voters of that jurisdiction that prohibits or restricts its conversion to nonagricultural uses.
							</html:p>
							<html:p>
								(E)
								<html:span class="EnSpace"/>
								Emergency evacuation route capacity, wildfire risk, sea level rise, and other impacts caused by climate change.
							</html:p>
							<html:p>
								(3)
								<html:span class="EnSpace"/>
								The distribution of household growth assumed for purposes of a comparable period of regional transportation plans and opportunities to maximize the use of public transportation and existing transportation infrastructure.
							</html:p>
							<html:p>
								(4)
								<html:span class="EnSpace"/>
								Agreements between a county and cities in a county to direct growth toward incorporated areas of the county and land within an unincorporated area zoned or designated for agricultural protection or
						preservation that is subject to a local ballot measure that was approved by the voters of the jurisdiction that prohibits or restricts conversion to nonagricultural uses.
							</html:p>
							<html:p>
								(5)
								<html:span class="EnSpace"/>
								The loss of units contained in assisted housing developments, as defined in paragraph (9) of subdivision (a) of Section 65583, that changed to non-low-income use through mortgage prepayment, subsidy contract expirations, or termination of use restrictions.
							</html:p>
							<html:p>
								(6)
								<html:span class="EnSpace"/>
								The percentage of existing households at each of the income levels listed in subdivision (f) of Section 65584 that are paying more than 30 percent and more than 50 percent of their income in rent.
							</html:p>
							<html:p>
								(7)
								<html:span class="EnSpace"/>
								The rate of overcrowding.
							</html:p>
							<html:p>
								(8)
								<html:span class="EnSpace"/>
								The housing needs of farmworkers.
							</html:p>
							<html:p>
								(9)
								<html:span class="EnSpace"/>
								The housing needs generated by the presence of a private university or a campus of the California State University or the University of California within any member jurisdiction.
							</html:p>
							<html:p>
								(10)
								<html:span class="EnSpace"/>
								The housing needs of individuals and families experiencing homelessness. If a council of governments has surveyed each of its member jurisdictions pursuant to subdivision (b) on or before January 1, 2020, this paragraph shall apply only to the development of methodologies for the seventh and subsequent revisions of the housing element.
							</html:p>
							<html:p>
								(11)
								<html:span class="EnSpace"/>
								The loss of units during a state of emergency that was declared by the Governor pursuant to the California Emergency Services Act (Chapter 7 (commencing with
						Section 8550) of Division 1 of Title 2), during the planning period immediately preceding the relevant revision pursuant to Section 65588 that have yet to be rebuilt or replaced at the time of the analysis.
							</html:p>
							<html:p>
								(12)
								<html:span class="EnSpace"/>
								The region’s greenhouse gas emissions targets provided by the State Air Resources Board pursuant to Section 65080.
							</html:p>
							<html:p>
								(13)
								<html:span class="EnSpace"/>
								Any other factors adopted by the council of governments, that further the objectives listed in subdivision (d) of Section 65584, provided that the council of governments specifies which of the objectives each additional factor is necessary to further. The council of governments may include additional factors unrelated to furthering the objectives listed in subdivision (d) of Section 65584 so long as the additional factors do not undermine the objectives
						listed in subdivision (d) of Section 65584 and are applied equally across all household income levels as described in subdivision (f) of Section 65584 and the council of governments makes a finding that the factor is necessary to address significant health and safety conditions.
							</html:p>
							<html:p>
								(f)
								<html:span class="EnSpace"/>
								The council of governments, or delegate subregion, as applicable, shall explain in writing how each of the factors described in subdivision (e) was incorporated into the methodology and how the methodology furthers the objectives listed in subdivision (d) of Section 65584. The methodology may include numerical weighting. This information, and any other supporting
						materials used in determining the methodology, shall be posted on the council of governments’, or delegate subregion’s, internet website.
							</html:p>
							<html:p>
								(g)
								<html:span class="EnSpace"/>
								The following criteria shall not be a justification for a determination or a reduction in a jurisdiction’s share of the regional housing need:
							</html:p>
							<html:p>
								(1)
								<html:span class="EnSpace"/>
								Any ordinance, policy, voter-approved measure, or standard of a city or county that directly or indirectly limits the number of residential building permits issued by a city or county.
							</html:p>
							<html:p>
								(2)
								<html:span class="EnSpace"/>
								Prior underproduction of housing in a city or county from the previous regional housing need allocation, as determined by each jurisdiction’s annual production report submitted pursuant to subparagraph (H) of paragraph (2) of subdivision
						(a) of Section 65400.
							</html:p>
							<html:p>
								(3)
								<html:span class="EnSpace"/>
								Stable population numbers in a city or county from the previous regional housing needs cycle.
							</html:p>
							<html:p>
								(h)
								<html:span class="EnSpace"/>
								Following the conclusion of the public comment period described in subdivision (d) on the proposed allocation methodology, and after making any revisions deemed appropriate by the council of governments, or delegate subregion, as applicable, as a result of comments received during the public comment period, and as a result of consultation with the department, each council of governments, or delegate subregion, as applicable, shall publish a draft allocation methodology on its internet website and submit the draft allocation methodology, along with the information required pursuant to subdivision (e), to the department.
							</html:p>
							<html:p>
								(i)
								<html:span class="EnSpace"/>
								Within 60 days, the department shall review the draft allocation methodology and report its written findings to the council of governments, or delegate subregion, as applicable. In
						its written findings the department shall determine whether the methodology furthers the objectives listed in subdivision (d) of Section 65584. If the department determines that the methodology is not consistent with subdivision (d) of Section 65584, the council of governments, or delegate subregion, as applicable, shall take both of the following actions:
							</html:p>
							<html:p>
								(1)
								<html:span class="EnSpace"/>
								Revise the methodology, in consultation with the department, to further the objectives listed in subdivision (d) of Section 65584 within 45 days.
							</html:p>
							<html:p>
								(2)
								<html:span class="EnSpace"/>
								Receive department acceptance that the revised methodology furthers the objectives listed in subdivision (d) of Section 65584 and adopt a final regional, or subregional, housing need allocation methodology.
							</html:p>
							<html:p>
								(j)
								<html:span class="EnSpace"/>
								If the department’s findings are not available within the time limits set by subdivision (i), the council of governments, or delegate subregion, may act without them.
							</html:p>
							<html:p>
								(k)
								<html:span class="EnSpace"/>
								After taking action pursuant to subdivision (i), the council of governments, or delegate subregion, shall provide notice of the adoption of the methodology to the jurisdictions within the region, or delegate subregion, as applicable, and to the department, and shall publish the adopted allocation methodology, along with its resolution and any adopted written findings, on its internet website.
							</html:p>
							<html:p>
								(
								<html:i>l</html:i>
								)
								<html:span class="EnSpace"/>
								The department may, within 45 days, review the adopted methodology and report its findings to the council of governments, or delegate subregion.
							</html:p>
							<html:p>
								(m)
								<html:span class="EnSpace"/>
								(1)
								<html:span class="EnSpace"/>
								It is the intent of the Legislature that housing planning be coordinated and integrated with the regional transportation plan. To achieve this goal, the allocation plan shall allocate housing units within the region consistent with the development pattern included in the sustainable communities strategy.
							</html:p>
							<html:p>
								(2)
								<html:span class="EnSpace"/>
								(A)
								<html:span class="EnSpace"/>
								The final allocation plan shall ensure that the total regional housing need, by income category, as determined under Section 65584, is maintained, and that each jurisdiction in the region receive an allocation of units for low- and very low income households.
							</html:p>
							<html:p>
								(B)
								<html:span class="EnSpace"/>
								For the seventh and subsequent revisions of the housing element, the allocation to each region required under subparagraph (A) shall also include an
						allocation of units for acutely low and extremely low income households.
							</html:p>
							<html:p>
								(3)
								<html:span class="EnSpace"/>
								The resolution approving the final housing need allocation plan shall demonstrate that the plan is consistent with the sustainable communities strategy in the regional transportation plan and furthers the objectives listed in subdivision (d) of Section 65584.
							</html:p>
							<html:p>
								(n)
								<html:span class="EnSpace"/>
								This section shall become operative on January 1, 2025.
							</html:p>
							<html:p>
								(o)
								<html:span class="EnSpace"/>
								For the seventh housing element cycle, the changes to this section made by the act adding this subdivision shall not apply to councils of governments with a housing element revision due date during the 2027 calendar year.
							</html:p>
						</ns0:Content>
					</ns0:LawSectionVersion>
				</ns0:LawSection>
			</ns0:Fragment>
		</ns0:BillSection>
		<ns0:BillSection id="id_2681D8EA-CD60-41FD-AAE3-EF366EE49132">
			<ns0:Num>SEC. 5.1.</ns0:Num>
			<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:GOV:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'TITLE'%20and%20caml%3ANum%3D'7.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'1.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'3.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'10.6.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'65584.04.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
				Section 65584.04 of the 
				<ns0:DocName>Government Code</ns0:DocName>
				 is amended to read:
			</ns0:ActionLine>
			<ns0:Fragment>
				<ns0:LawSection id="id_0339FD47-F977-44A0-827C-4AB3AFC7D803">
					<ns0:Num>65584.04.</ns0:Num>
					<ns0:LawSectionVersion id="id_22BDD5FE-0B3B-4606-BDDD-6EB37E5E8F46">
						<ns0:Content>
							<html:p>
								(a)
								<html:span class="EnSpace"/>
								At least two and one-half years before a scheduled revision required by Section 65588, each council of governments, or delegate subregion as applicable, shall develop, in consultation with the department, a proposed methodology for distributing the existing and projected regional housing need to cities, counties, and cities and counties within the region or within the subregion, where applicable pursuant to this section. The methodology shall further the objectives listed in subdivision (d) of Section 65584.
							</html:p>
							<html:p>
								(b)
								<html:span class="EnSpace"/>
								(1)
								<html:span class="EnSpace"/>
								No more than six months before the development of a proposed methodology for distributing the existing and
						projected housing need, each council of governments shall survey each of its member jurisdictions to request, at a minimum, information regarding the factors listed in subdivision (e) that will allow the development of a methodology based upon the factors established in subdivision (e).
							</html:p>
							<html:p>
								(2)
								<html:span class="EnSpace"/>
								With respect to the objective in paragraph (5) of subdivision (d) of Section 65584, the survey shall review and compile information that will allow the development of a methodology based upon the issues, strategies, and actions that are included, as available, in an Analysis of Impediments to Fair Housing Choice or an Assessment of Fair Housing completed by any city or county or the department that covers communities within the area served by the council of governments, and in housing elements adopted pursuant to this article by cities and counties within the area served by the council of governments.
							</html:p>
							<html:p>
								(3)
								<html:span class="EnSpace"/>
								The council of governments shall seek to obtain the information in a manner and format that is comparable throughout the region and
						use
						readily available data to the extent possible.
							</html:p>
							<html:p>
								(4)
								<html:span class="EnSpace"/>
								The information provided by a local government pursuant to this section shall be used, to the extent possible, by the council of governments, or delegate subregion as applicable, as source information for the methodology developed pursuant to this section. The survey shall state that none of the information received may be used as a basis for reducing the total housing need established for the region pursuant to Section 65584.01.
							</html:p>
							<html:p>
								(5)
								<html:span class="EnSpace"/>
								If the council of governments fails to conduct a survey pursuant to this subdivision, a city, county, or city and county may submit information related to the items listed in subdivision (e) before the public comment period provided for in subdivision (d).
							</html:p>
							<html:p>
								(c)
								<html:span class="EnSpace"/>
								The council of governments shall electronically report the
						results of the survey of fair housing issues, strategies, and actions compiled pursuant to paragraph (2) of subdivision (b). The report shall describe common themes and effective strategies employed by cities and counties within the area served by the council of governments, including common themes and effective strategies around avoiding the displacement of lower income households. The council of governments shall also identify significant barriers to affirmatively furthering fair housing at the regional level and may recommend strategies or actions to overcome those barriers. A council of governments or metropolitan planning organization, as appropriate, may use this information for any other purpose, including publication within a regional transportation plan adopted pursuant to Section 65080 or to inform the land use assumptions that are applied in the development of a regional transportation plan.
							</html:p>
							<html:p>
								(d)
								<html:span class="EnSpace"/>
								Public participation and access shall
						be required in the development of the methodology and in the process of drafting and adoption of the allocation of the regional housing needs. Participation by organizations other than local jurisdictions and councils of governments shall be solicited in a diligent effort to achieve public participation of all economic segments of the community as well as members of protected classes under Section 12955 and households with special housing needs under paragraph (7) of subdivision (a) of Section 65583. The proposed methodology, along with any relevant underlying data and assumptions, an explanation of how information about local government conditions gathered pursuant to subdivision (b) has been used to develop the proposed methodology, how each of the factors listed in subdivision (e) is incorporated into the methodology, and how the proposed methodology furthers the objectives listed in subdivision (d) of Section 65584, shall be distributed to all cities, counties, any subregions, and members of the public
						who have made a written or electronic request for the proposed methodology and published on the council of governments’, or delegate subregion’s, internet website. The council of governments, or delegate subregion, as applicable, shall conduct at least one public hearing to receive oral and written comments on the proposed methodology.
							</html:p>
							<html:p>
								(e)
								<html:span class="EnSpace"/>
								To the extent that sufficient data is available from local governments pursuant to subdivision (b) or other sources, each council of governments, or delegate subregion as applicable, shall consider including the following factors in developing the methodology that allocates regional housing needs:
							</html:p>
							<html:p>
								(1)
								<html:span class="EnSpace"/>
								Each member jurisdiction’s existing and projected jobs and housing relationship. This shall include an estimate based on readily available data on the number of low-wage jobs within the jurisdiction and how many housing units within the
						jurisdiction are affordable to low-wage workers as well as an estimate based on readily available data, of projected job growth and projected household growth by income level within each member jurisdiction during the planning period.
							</html:p>
							<html:p>
								(2)
								<html:span class="EnSpace"/>
								The opportunities and constraints to development of additional housing in each member jurisdiction, including all of the following:
							</html:p>
							<html:p>
								(A)
								<html:span class="EnSpace"/>
								Lack of capacity for sewer or water service due to federal or state laws, regulations or regulatory actions, or supply and distribution decisions made by a sewer or water service provider other than the local jurisdiction that preclude the jurisdiction from providing necessary infrastructure for additional development during the planning period.
							</html:p>
							<html:p>
								(B)
								<html:span class="EnSpace"/>
								The availability of land suitable for urban development or for conversion to residential use, the
						availability of underutilized land, and opportunities for infill development and increased residential densities. The council of governments may not limit its consideration of suitable housing sites or land suitable for urban development to existing zoning ordinances and land use restrictions of a locality, but shall consider the potential for increased residential development under alternative zoning ordinances and land use restrictions. The determination of available land suitable for urban development may exclude lands where the Federal Emergency Management Agency (FEMA) or the Department of Water Resources has determined that the flood management infrastructure designed to protect that land is not adequate to avoid the risk of flooding.
							</html:p>
							<html:p>
								(C)
								<html:span class="EnSpace"/>
								Lands preserved or protected from urban development under existing federal or state programs, or both, designed to protect open space, farmland, environmental habitats, and natural resources on a
						long-term basis, including land zoned or designated for agricultural protection or preservation that is subject to a local ballot measure that was approved by the voters of that jurisdiction that prohibits or restricts conversion to nonagricultural uses.
							</html:p>
							<html:p>
								(D)
								<html:span class="EnSpace"/>
								County policies to preserve prime agricultural land, as defined pursuant to Section 56064, within an unincorporated area and land within an unincorporated area zoned or designated for agricultural protection or preservation that is subject to a local ballot measure that was approved by the voters of that jurisdiction that prohibits or restricts its conversion to nonagricultural uses.
							</html:p>
							<html:p>
								(E)
								<html:span class="EnSpace"/>
								Emergency evacuation route capacity, wildfire risk, sea level rise, and other impacts caused by climate change.
							</html:p>
							<html:p>
								(3)
								<html:span class="EnSpace"/>
								The distribution of household growth assumed for purposes of a
						comparable period of regional transportation plans and opportunities to maximize the use of public transportation and existing transportation infrastructure.
							</html:p>
							<html:p>
								(4)
								<html:span class="EnSpace"/>
								Agreements between a county and cities in a county to direct growth toward incorporated areas of the county and land within an unincorporated area zoned or designated for agricultural protection or preservation that is subject to a local ballot measure that was approved by the voters of the jurisdiction that prohibits or restricts conversion to nonagricultural uses.
							</html:p>
							<html:p>
								(5)
								<html:span class="EnSpace"/>
								The loss of units contained in assisted housing developments, as defined in paragraph (9) of subdivision (a) of Section 65583, that changed to non-low-income use through mortgage prepayment, subsidy contract expirations, or termination of use restrictions.
							</html:p>
							<html:p>
								(6)
								<html:span class="EnSpace"/>
								The percentage of existing
						households at each of the income levels listed in subdivision (f) of Section 65584 that are paying more than 30 percent and more than 50 percent of their income in rent.
							</html:p>
							<html:p>
								(7)
								<html:span class="EnSpace"/>
								The rate of overcrowding.
							</html:p>
							<html:p>
								(8)
								<html:span class="EnSpace"/>
								The housing needs of farmworkers.
							</html:p>
							<html:p>
								(9)
								<html:span class="EnSpace"/>
								(A)
								<html:span class="EnSpace"/>
								The housing needs generated by the presence of a private university or a campus of the California State University or the University of California within any member jurisdiction, the
						distribution of those students among jurisdictions within the region, and for a campus of the California State University or the University of California, the optimization of transit, pedestrian, and other nonvehicle trip efficiency by students to the campus, including off-campus facilities.
							</html:p>
							<html:p>
								(B)
								<html:span class="EnSpace"/>
								(i)
								<html:span class="EnSpace"/>
								No more than six months before the development of the methodology, the Regents of the University of California are requested to, and the Trustees of the California State University shall, provide to each council of governments a forecast of changes in enrollment levels at its campuses, including off-campus facilities, within the region, based on factors including, but not limited to, (I) cohort progression projections, (II) improvements in the percentage of California residents meeting university admission and transfer
						standards, and (III) improvements in degree completion by noncohort students. The forecast shall not be limited to students who will be recent high school graduates. The Regents of the University of California are requested to, and the Trustees of the California State University shall, provide copies of the forecast to the Director of Finance, the Director of Housing and Community Development, and the Chairperson of the Joint Legislative Budget Committee.
							</html:p>
							<html:p>
								(ii)
								<html:span class="EnSpace"/>
								Clause (i) shall apply to the seventh and each subsequent housing element cycle, except as specified in clause (iii).
							</html:p>
							<html:p>
								(iii)
								<html:span class="EnSpace"/>
								With respect to all of the following councils of governments, clause (i) shall apply to the eighth and each subsequent housing element cycles:
							</html:p>
							<html:p>
								(I)
								<html:span class="EnSpace"/>
								The Humboldt County Association of Governments.
							</html:p>
							<html:p>
								(II)
								<html:span class="EnSpace"/>
								The Lake Area Planning Council.
							</html:p>
							<html:p>
								(III)
								<html:span class="EnSpace"/>
								The Mendocino Council of Governments.
							</html:p>
							<html:p>
								(C)
								<html:span class="EnSpace"/>
								The Regents of the University of California are requested to, and the Trustees of the California State University shall, provide trip and travel data to the council of governments upon request.
							</html:p>
							<html:p>
								(10)
								<html:span class="EnSpace"/>
								The housing needs of individuals and families experiencing homelessness. If a council of governments has surveyed each of its member jurisdictions pursuant to subdivision (b) on or before January 1, 2020, this paragraph shall apply only to the development of methodologies for the seventh and subsequent revisions of the housing element.
							</html:p>
							<html:p>
								(11)
								<html:span class="EnSpace"/>
								The loss of units during a state of emergency that
						was declared by the Governor pursuant to the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2), during the planning period immediately preceding the relevant revision pursuant to Section 65588 that have yet to be rebuilt or replaced at the time of the analysis.
							</html:p>
							<html:p>
								(12)
								<html:span class="EnSpace"/>
								The region’s greenhouse gas emissions targets provided by the State Air Resources Board pursuant to Section 65080.
							</html:p>
							<html:p>
								(13)
								<html:span class="EnSpace"/>
								Any other factors adopted by the council of governments, that further the objectives listed in subdivision (d) of Section 65584, provided that the council of governments specifies which of the objectives each additional factor is necessary to further. The council of governments may include additional factors unrelated to furthering the objectives listed in subdivision (d) of Section 65584 so long as the additional factors do not undermine the
						objectives listed in subdivision (d) of Section 65584 and are applied equally across all household income levels as described in subdivision (f) of Section 65584 and the council of governments makes a finding that the factor is necessary to address significant health and safety conditions.
							</html:p>
							<html:p>
								(f)
								<html:span class="EnSpace"/>
								The council of governments, or delegate subregion, as applicable, shall explain in writing how each of the factors described in subdivision (e) was incorporated into the methodology and how the methodology furthers the objectives listed in subdivision (d) of Section 65584. The methodology may include numerical weighting. This information, and any other supporting materials used in determining the methodology, shall be posted on the council of governments’, or delegate subregion’s, internet website.
							</html:p>
							<html:p>
								(g)
								<html:span class="EnSpace"/>
								The following criteria shall not be a justification for a determination or a reduction in
						a jurisdiction’s share of the regional housing need:
							</html:p>
							<html:p>
								(1)
								<html:span class="EnSpace"/>
								Any ordinance, policy, voter-approved measure, or standard of a city or county that directly or indirectly limits the number of residential building permits issued by a city or county.
							</html:p>
							<html:p>
								(2)
								<html:span class="EnSpace"/>
								Prior underproduction of housing in a city or county from the previous regional housing need allocation, as determined by each jurisdiction’s annual production report submitted pursuant to subparagraph (H) of paragraph (2) of subdivision (a) of Section 65400.
							</html:p>
							<html:p>
								(3)
								<html:span class="EnSpace"/>
								Stable population numbers in a city or county from the previous regional housing needs cycle.
							</html:p>
							<html:p>
								(h)
								<html:span class="EnSpace"/>
								Following the conclusion of the public comment period described in subdivision (d) on the proposed allocation methodology, and after making any revisions
						deemed appropriate by the council of governments, or delegate subregion, as applicable, as a result of comments received during the public comment period, and as a result of consultation with the department, each council of governments, or delegate subregion, as applicable, shall publish a draft allocation methodology on its internet website and submit the draft allocation methodology, along with the information required pursuant to subdivision (e), to the department.
							</html:p>
							<html:p>
								(i)
								<html:span class="EnSpace"/>
								Within 60 days, the department shall review the draft allocation methodology and report its written findings to the council of governments, or delegate subregion, as applicable. In its written findings the department shall determine whether the methodology furthers the objectives listed in subdivision (d) of Section 65584. If the department determines that the methodology is not consistent with subdivision (d) of Section 65584, the council of governments, or delegate
						subregion, as applicable, shall take both of the following actions:
							</html:p>
							<html:p>
								(1)
								<html:span class="EnSpace"/>
								Revise the methodology, in consultation with the department, to further the objectives listed in subdivision (d) of Section 65584 within 45 days.
							</html:p>
							<html:p>
								(2)
								<html:span class="EnSpace"/>
								Receive department acceptance that the revised methodology furthers the objectives listed in subdivision (d) of Section 65584 and adopt a final regional, or subregional, housing need allocation methodology.
							</html:p>
							<html:p>
								(j)
								<html:span class="EnSpace"/>
								If the department’s findings are not available within the time limits set by subdivision (i), the council of governments, or delegate subregion, may act without them.
							</html:p>
							<html:p>
								(k)
								<html:span class="EnSpace"/>
								After taking action pursuant to subdivision (i), the council of governments, or delegate subregion, shall provide notice of the adoption of the methodology to
						the jurisdictions within the region, or delegate subregion, as applicable, and to the department, and shall publish the adopted allocation methodology, along with its resolution and any adopted written findings, on its internet website.
							</html:p>
							<html:p>
								(
								<html:i>l</html:i>
								)
								<html:span class="EnSpace"/>
								The department may, within 45 days, review the adopted methodology and report its findings to the council of governments, or delegate subregion.
							</html:p>
							<html:p>
								(m)
								<html:span class="EnSpace"/>
								(1)
								<html:span class="EnSpace"/>
								It is the intent of the Legislature that housing planning be coordinated and integrated with the regional transportation plan. To achieve this goal, the allocation plan shall allocate housing units within the region consistent with the development pattern included in the sustainable communities strategy.
							</html:p>
							<html:p>
								(2)
								<html:span class="EnSpace"/>
								(A)
								<html:span class="EnSpace"/>
								The final allocation plan shall ensure that the total regional
						housing need, by income category, as determined under Section 65584, is maintained, and that each jurisdiction in the region receive an allocation of units for low- and very low income households.
							</html:p>
							<html:p>
								(B)
								<html:span class="EnSpace"/>
								For the seventh and subsequent revisions of the housing element, the allocation to each region required under subparagraph (A) shall also include an allocation of units for acutely low and extremely low income households.
							</html:p>
							<html:p>
								(3)
								<html:span class="EnSpace"/>
								The resolution approving the final housing need allocation plan shall demonstrate that the plan is consistent with the sustainable communities strategy in the regional transportation plan and furthers the objectives listed in subdivision (d) of Section 65584.
							</html:p>
							<html:p>
								(n)
								<html:span class="EnSpace"/>
								This section shall become operative on January 1, 2025.
							</html:p>
							<html:p>
								(o)
								<html:span class="EnSpace"/>
								For the seventh housing element cycle, the changes to this section made by the act adding this subdivision shall not apply to councils of governments with a housing element revision due date during the 2027 calendar year.
							</html:p>
						</ns0:Content>
					</ns0:LawSectionVersion>
				</ns0:LawSection>
			</ns0:Fragment>
		</ns0:BillSection>
		<ns0:BillSection id="id_232379C7-6A95-4D89-8045-BACC93A47516">
			<ns0:Num>SEC. 5.2.</ns0:Num>
			<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:GOV:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'TITLE'%20and%20caml%3ANum%3D'7.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'1.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'3.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'10.6.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'65584.04.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
				Section 65584.04 of the 
				<ns0:DocName>Government Code</ns0:DocName>
				 is amended to read:
			</ns0:ActionLine>
			<ns0:Fragment>
				<ns0:LawSection id="id_797B2157-9C39-4A2B-8FEF-017783944BB7">
					<ns0:Num>65584.04.</ns0:Num>
					<ns0:LawSectionVersion id="id_E0F8389D-3C7A-4A8B-BCEE-F92B25929CB9">
						<ns0:Content>
							<html:p>
								(a)
								<html:span class="EnSpace"/>
								At least two and one-half years before a scheduled revision required by Section 65588, each council of governments, or delegate subregion as applicable, shall develop, in consultation with the department, a proposed methodology for distributing the existing and projected regional housing need to cities, counties, and cities and counties within the region or within the subregion, where applicable pursuant to this section. The methodology shall further the objectives listed in subdivision (d) of Section 65584.
							</html:p>
							<html:p>
								(b)
								<html:span class="EnSpace"/>
								(1)
								<html:span class="EnSpace"/>
								No more than six months before the development of a proposed methodology for distributing the existing and
						projected housing need, each council of governments shall survey each of its member jurisdictions to request, at a minimum, information regarding the factors listed in subdivision (e) that will allow the development of a methodology based upon the factors established in subdivision (e).
							</html:p>
							<html:p>
								(2)
								<html:span class="EnSpace"/>
								With respect to the objective in paragraph (5) of subdivision (d) of Section 65584, the survey shall review and compile information that will allow the development of a methodology based upon the issues, strategies, and actions that are included, as available, in an Analysis of Impediments to Fair Housing Choice or an Assessment of Fair Housing completed by any city or county or the department that covers communities within the area served by the council of governments, and in housing elements adopted pursuant to this article by cities and counties within the area served by the council of governments.
							</html:p>
							<html:p>
								(3)
								<html:span class="EnSpace"/>
								The council of governments shall seek to obtain the information in a manner and format that is comparable throughout the region and utilize readily available data to the extent possible.
							</html:p>
							<html:p>
								(4)
								<html:span class="EnSpace"/>
								The information provided by a local government pursuant to this section shall be used, to the extent possible, by the council of governments, or delegate subregion as applicable, as source information for the methodology developed pursuant to this section. The survey shall state that none of the information received may be used as a basis for reducing the total housing need established for the region pursuant to Section 65584.01.
							</html:p>
							<html:p>
								(5)
								<html:span class="EnSpace"/>
								If the council of governments fails to conduct a survey pursuant to this subdivision, a city, county, or city and county may submit information related to the items listed in subdivision (e) before the
						public comment period provided for in subdivision (d).
							</html:p>
							<html:p>
								(c)
								<html:span class="EnSpace"/>
								The council of governments shall electronically report the results of the survey of fair housing issues, strategies, and actions compiled pursuant to paragraph (2) of subdivision (b). The report shall describe common themes and effective strategies employed by cities and counties within the area served by the council of governments, including common themes and effective strategies around avoiding the displacement of lower income households. The council of governments shall also identify significant barriers to affirmatively furthering fair housing at the regional level and may recommend strategies or actions to overcome those barriers. A council of governments or metropolitan planning organization, as appropriate, may use this information for any other purpose, including publication within a regional transportation plan adopted pursuant to Section 65080 or to inform the land use
						assumptions that are applied in the development of a regional transportation plan.
							</html:p>
							<html:p>
								(d)
								<html:span class="EnSpace"/>
								Public participation and access shall be required in the development of the methodology and in the process of drafting and adoption of the allocation of the regional housing needs. Participation by organizations other than local jurisdictions and councils of governments shall be solicited in a diligent effort to achieve public participation of all economic segments of the community as well as members of protected classes under Section 12955 and households with special housing needs under paragraph (7) of subdivision (a) of Section 65583. The proposed methodology, along with any relevant underlying data and assumptions, an explanation of how information about local government conditions gathered pursuant to subdivision (b) has been used to develop the proposed methodology, how each of the factors listed in subdivision (e) is incorporated into the methodology,
						and how the proposed methodology furthers the objectives listed in subdivision (d) of Section 65584, shall be distributed to all cities, counties, any subregions, and members of the public who have made a written or electronic request for the proposed methodology and published on the council of governments’, or delegate subregion’s, internet website. The council of governments, or delegate subregion, as applicable, shall conduct at least one public hearing to receive oral and written comments on the proposed methodology.
							</html:p>
							<html:p>
								(e)
								<html:span class="EnSpace"/>
								To the extent that sufficient data is available from local governments pursuant to subdivision (b) or other sources, each council of governments, or delegate subregion as applicable, shall consider including the following factors in developing the methodology that allocates regional housing needs:
							</html:p>
							<html:p>
								(1)
								<html:span class="EnSpace"/>
								Each member jurisdiction’s existing and projected jobs and
						housing relationship. This shall include an estimate based on readily available data on the number of low-wage jobs within the jurisdiction and how many housing units within the jurisdiction are affordable to low-wage workers as well as an estimate based on readily available data, of projected job growth and projected household growth by income level within each member jurisdiction during the planning period.
							</html:p>
							<html:p>
								(2)
								<html:span class="EnSpace"/>
								The opportunities and constraints to development of additional housing in each member jurisdiction, including all of the following:
							</html:p>
							<html:p>
								(A)
								<html:span class="EnSpace"/>
								Lack of capacity for sewer or water service due to federal or state laws, regulations or regulatory actions, or supply and distribution decisions made by a sewer or water service provider other than the local jurisdiction that preclude the jurisdiction from providing necessary infrastructure for additional development during the planning
						period.
							</html:p>
							<html:p>
								(B)
								<html:span class="EnSpace"/>
								The availability of land suitable for urban development or for conversion to residential use, the availability of underutilized land, and opportunities for infill development and increased residential densities. The council of governments may not limit its consideration of suitable housing sites or land suitable for urban development to existing zoning ordinances and land use restrictions of a locality, but shall consider the potential for increased residential development under alternative zoning ordinances and land use restrictions. The determination of available land suitable for urban development may exclude lands where the Federal Emergency Management Agency (FEMA) or the Department of Water Resources has determined that the flood management infrastructure designed to protect that land is not adequate to avoid the risk of flooding.
							</html:p>
							<html:p>
								(C)
								<html:span class="EnSpace"/>
								Lands preserved or protected
						from urban development under existing federal or state programs, or both, designed to protect open space, farmland, environmental habitats, and natural resources on a long-term basis, including land zoned or designated for agricultural protection or preservation that is subject to a local ballot measure that was approved by the voters of that jurisdiction that prohibits or restricts conversion to nonagricultural uses.
							</html:p>
							<html:p>
								(D)
								<html:span class="EnSpace"/>
								County policies to preserve prime agricultural land, as defined pursuant to Section 56064, within an unincorporated area and land within an unincorporated area zoned or designated for agricultural protection or preservation that is subject to a local ballot measure that was approved by the voters of that jurisdiction that prohibits or restricts its conversion to nonagricultural uses.
							</html:p>
							<html:p>
								(E)
								<html:span class="EnSpace"/>
								Emergency evacuation route capacity, wildfire risk, sea level rise, and
						other impacts caused by climate change.
							</html:p>
							<html:p>
								(3)
								<html:span class="EnSpace"/>
								The distribution of household growth assumed for purposes of a comparable period of regional transportation plans and opportunities to maximize the use of public transportation and existing transportation infrastructure.
							</html:p>
							<html:p>
								(4)
								<html:span class="EnSpace"/>
								Agreements between a county and cities in a county to direct growth toward incorporated areas of the county and land within an unincorporated area zoned or designated for agricultural protection or preservation that is subject to a local ballot measure that was approved by the voters of the jurisdiction that prohibits or restricts conversion to nonagricultural uses.
							</html:p>
							<html:p>
								(5)
								<html:span class="EnSpace"/>
								The loss of units contained in assisted housing developments, as defined in paragraph (9) of subdivision (a) of Section 65583, that changed to non-low-income use through mortgage
						prepayment, subsidy contract expirations, or termination of use restrictions.
							</html:p>
							<html:p>
								(6)
								<html:span class="EnSpace"/>
								The percentage of existing households at each of the income levels listed in subdivision (f) of Section 65584 that are paying more than 30 percent and more than 50 percent of their income in rent.
							</html:p>
							<html:p>
								(7)
								<html:span class="EnSpace"/>
								The rate of overcrowding.
							</html:p>
							<html:p>
								(8)
								<html:span class="EnSpace"/>
								The housing needs of farmworkers.
							</html:p>
							<html:p>
								(9)
								<html:span class="EnSpace"/>
								The housing needs generated by the presence of a private university or a campus of the California State University or the University of California within any member jurisdiction.
							</html:p>
							<html:p>
								(10)
								<html:span class="EnSpace"/>
								The housing needs of individuals and families experiencing homelessness. If a council of governments has surveyed each of its member jurisdictions pursuant to
						subdivision (b) on or before January 1, 2020, this paragraph shall apply only to the development of methodologies for the seventh and subsequent revisions of the housing element.
							</html:p>
							<html:p>
								(11)
								<html:span class="EnSpace"/>
								The loss of units during a state of emergency that was declared by the Governor pursuant to the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2), during the planning period immediately preceding the relevant revision pursuant to Section 65588 that have yet to be rebuilt or replaced at the time of the analysis.
							</html:p>
							<html:p>
								(12)
								<html:span class="EnSpace"/>
								The region’s greenhouse gas emissions targets provided by the State Air Resources Board pursuant to Section 65080.
							</html:p>
							<html:p>
								(13)
								<html:span class="EnSpace"/>
								The development pattern set forth in the region’s sustainable
						communities strategy of its regional transportation plan.
							</html:p>
							<html:p>
								(14)
								<html:span class="EnSpace"/>
								Any other factors adopted by the council of governments, that further the objectives listed in subdivision (d) of Section 65584, provided that the council of governments specifies which of the objectives each additional factor is necessary to further. The council of governments may include additional factors unrelated to furthering the objectives listed in subdivision (d) of Section 65584 so long as the additional factors do not undermine the objectives listed in subdivision (d) of Section 65584 and are applied equally across all household income levels as described in subdivision
						(f) of Section 65584 and the council of governments makes a finding that the factor is necessary to address significant health and safety conditions.
							</html:p>
							<html:p>
								(f)
								<html:span class="EnSpace"/>
								The council of governments, or delegate subregion, as applicable, shall explain in writing how each of the factors described in subdivision (e) was incorporated into the methodology and how the methodology furthers the objectives listed in subdivision (d) of Section 65584. The methodology may include numerical weighting. This information, and any other supporting materials used in determining the methodology, shall be posted on the council of governments’, or delegate subregion’s, internet website.
							</html:p>
							<html:p>
								(g)
								<html:span class="EnSpace"/>
								The following criteria shall not be a justification for a determination or a reduction in a jurisdiction’s share of the regional housing need:
							</html:p>
							<html:p>
								(1)
								<html:span class="EnSpace"/>
								Any ordinance,
						policy, voter-approved measure, or standard of a city or county that directly or indirectly limits the number of residential building permits issued by a city or county.
							</html:p>
							<html:p>
								(2)
								<html:span class="EnSpace"/>
								Prior underproduction of housing in a city or county from the previous regional housing need allocation, as determined by each jurisdiction’s annual production report submitted pursuant to subparagraph (H) of paragraph (2) of subdivision (a) of Section 65400.
							</html:p>
							<html:p>
								(3)
								<html:span class="EnSpace"/>
								Stable population numbers in a city or county from the previous regional housing needs cycle.
							</html:p>
							<html:p>
								(h)
								<html:span class="EnSpace"/>
								Following the conclusion of the public comment period described in subdivision (d) on the proposed allocation methodology, and after making any revisions deemed appropriate by the council of governments, or delegate subregion, as applicable, as a result of comments received during the public
						comment period, and as a result of consultation with the department, each council of governments, or delegate subregion, as applicable, shall publish a draft allocation methodology on its internet website and submit the draft allocation methodology, along with the information required pursuant to subdivision (e), to the department.
							</html:p>
							<html:p>
								(i)
								<html:span class="EnSpace"/>
								Within 60 days, the department shall review the draft allocation methodology and report its written findings to the council of governments, or delegate subregion, as applicable. In its written findings the department shall determine whether the methodology furthers the objectives listed in subdivision (d) of Section 65584. If the department determines that the methodology is not consistent with subdivision (d) of Section 65584, the council of governments, or delegate subregion, as applicable, shall take both of the following actions:
							</html:p>
							<html:p>
								(1)
								<html:span class="EnSpace"/>
								Revise the
						methodology, in consultation with the department, to further the objectives listed in subdivision (d) of Section 65584 within 45 days.
							</html:p>
							<html:p>
								(2)
								<html:span class="EnSpace"/>
								Receive department acceptance that the revised methodology furthers the objectives listed in subdivision (d) of Section 65584 and adopt a final regional, or subregional, housing need allocation methodology.
							</html:p>
							<html:p>
								(j)
								<html:span class="EnSpace"/>
								If the department’s findings are not available within the time limits set by subdivision (i), the council of governments, or delegate subregion, may act without them.
							</html:p>
							<html:p>
								(k)
								<html:span class="EnSpace"/>
								After taking action pursuant to subdivision (i), the council of governments, or delegate subregion, shall provide notice of the adoption of the methodology to the jurisdictions within the region, or delegate subregion, as applicable, and to the department, and shall publish the adopted allocation
						methodology, along with its resolution and any adopted written findings, on its internet website.
							</html:p>
							<html:p>
								(
								<html:i>l</html:i>
								)
								<html:span class="EnSpace"/>
								The department may, within 45 days, review the adopted methodology and report its findings to the council of governments, or delegate subregion.
							</html:p>
							<html:p>
								(m)
								<html:span class="EnSpace"/>
								(1)
								<html:span class="EnSpace"/>
								It is the intent of the Legislature that housing planning be coordinated and integrated with the regional transportation plan. To achieve this goal, the allocation plan shall be informed by the development pattern included in the sustainable communities strategy.
							</html:p>
							<html:p>
								(2)
								<html:span class="EnSpace"/>
								(A)
								<html:span class="EnSpace"/>
								The final allocation plan shall ensure that the total regional housing need, by income category, as determined under Section 65584, is maintained, and that each jurisdiction in the region receive an allocation of units for low- and very low income households.
							</html:p>
							<html:p>
								(B)
								<html:span class="EnSpace"/>
								For the seventh and subsequent revisions of the housing element, the allocation to each region required under subparagraph (A) shall also include an allocation of units for acutely low and extremely low income households.
							</html:p>
							<html:p>
								(3)
								<html:span class="EnSpace"/>
								The resolution approving the final housing need allocation plan shall demonstrate that the plan is informed by the sustainable communities strategy in the regional transportation
						plan and furthers the objectives listed in subdivision (d) of Section 65584.
							</html:p>
							<html:p>
								(n)
								<html:span class="EnSpace"/>
								This section shall become operative on January 1, 2025.
							</html:p>
							<html:p>
								(o)
								<html:span class="EnSpace"/>
								For the seventh housing element cycle, the changes to this section made by the act adding this subdivision shall not apply to councils of governments with a housing element revision due date during the 2027 calendar year.
							</html:p>
						</ns0:Content>
					</ns0:LawSectionVersion>
				</ns0:LawSection>
			</ns0:Fragment>
		</ns0:BillSection>
		<ns0:BillSection id="id_80B788A0-7DC4-4B95-B009-D56FD8F72834">
			<ns0:Num>SEC. 5.3.</ns0:Num>
			<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:GOV:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'TITLE'%20and%20caml%3ANum%3D'7.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'1.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'3.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'10.6.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'65584.04.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
				Section 65584.04 of the 
				<ns0:DocName>Government Code</ns0:DocName>
				 is amended to read:
			</ns0:ActionLine>
			<ns0:Fragment>
				<ns0:LawSection id="id_4E76B04B-AC45-4B7B-BCFB-4FCD18679848">
					<ns0:Num>65584.04.</ns0:Num>
					<ns0:LawSectionVersion id="id_38426984-5EC7-4885-89A9-66EC0D3C67AC">
						<ns0:Content>
							<html:p>
								(a)
								<html:span class="EnSpace"/>
								At least two and one-half years before a scheduled revision required by Section 65588, each council of governments, or delegate subregion as applicable, shall develop, in consultation with the department, a proposed methodology for distributing the existing and projected regional housing need to cities, counties, and cities and counties within the region or within the subregion, where applicable pursuant to this section. The methodology shall further the objectives listed in subdivision (d) of Section 65584.
							</html:p>
							<html:p>
								(b)
								<html:span class="EnSpace"/>
								(1)
								<html:span class="EnSpace"/>
								No more than six months before the development of a proposed methodology for distributing the existing and
						projected housing need, each council of governments shall survey each of its member jurisdictions to request, at a minimum, information regarding the factors listed in subdivision (e) that will allow the development of a methodology based upon the factors established in subdivision (e).
							</html:p>
							<html:p>
								(2)
								<html:span class="EnSpace"/>
								With respect to the objective in paragraph (5) of subdivision (d) of Section 65584, the survey shall review and compile information that will allow the development of a methodology based upon the issues, strategies, and actions that are included, as available, in an Analysis of Impediments to Fair Housing Choice or an Assessment of Fair Housing completed by any city or county or the department that covers communities within the area served by the council of governments, and in housing elements adopted pursuant to this article by cities and counties within the area served by the council of governments.
							</html:p>
							<html:p>
								(3)
								<html:span class="EnSpace"/>
								The council of governments shall seek to obtain the information in a manner and format that is comparable throughout the region and
						use
						readily available data to the extent possible.
							</html:p>
							<html:p>
								(4)
								<html:span class="EnSpace"/>
								The information provided by a local government pursuant to this section shall be used, to the extent possible, by the council of governments, or delegate subregion as applicable, as source information for the methodology developed pursuant to this section. The survey shall state that none of the information received may be used as a basis for reducing the total housing need established for the region pursuant to Section 65584.01.
							</html:p>
							<html:p>
								(5)
								<html:span class="EnSpace"/>
								If the council of governments fails to conduct a survey pursuant to this subdivision, a city, county, or city and county may submit information related to the items listed in subdivision (e) before the public comment period provided for in subdivision (d).
							</html:p>
							<html:p>
								(c)
								<html:span class="EnSpace"/>
								The council of governments shall electronically report the
						results of the survey of fair housing issues, strategies, and actions compiled pursuant to paragraph (2) of subdivision (b). The report shall describe common themes and effective strategies employed by cities and counties within the area served by the council of governments, including common themes and effective strategies around avoiding the displacement of lower income households. The council of governments shall also identify significant barriers to affirmatively furthering fair housing at the regional level and may recommend strategies or actions to overcome those barriers. A council of governments or metropolitan planning organization, as appropriate, may use this information for any other purpose, including publication within a regional transportation plan adopted pursuant to Section 65080 or to inform the land use assumptions that are applied in the development of a regional transportation plan.
							</html:p>
							<html:p>
								(d)
								<html:span class="EnSpace"/>
								Public participation and access shall
						be required in the development of the methodology and in the process of drafting and adoption of the allocation of the regional housing needs. Participation by organizations other than local jurisdictions and councils of governments shall be solicited in a diligent effort to achieve public participation of all economic segments of the community as well as members of protected classes under Section 12955 and households with special housing needs under paragraph (7) of subdivision (a) of Section 65583. The proposed methodology, along with any relevant underlying data and assumptions, an explanation of how information about local government conditions gathered pursuant to subdivision (b) has been used to develop the proposed methodology, how each of the factors listed in subdivision (e) is incorporated into the methodology, and how the proposed methodology furthers the objectives listed in subdivision (d) of Section 65584, shall be distributed to all cities, counties, any subregions, and members of the public
						who have made a written or electronic request for the proposed methodology and published on the council of governments’, or delegate subregion’s, internet website. The council of governments, or delegate subregion, as applicable, shall conduct at least one public hearing to receive oral and written comments on the proposed methodology.
							</html:p>
							<html:p>
								(e)
								<html:span class="EnSpace"/>
								To the extent that sufficient data is available from local governments pursuant to subdivision (b) or other sources, each council of governments, or delegate subregion as applicable, shall consider including the following factors in developing the methodology that allocates regional housing needs:
							</html:p>
							<html:p>
								(1)
								<html:span class="EnSpace"/>
								Each member jurisdiction’s existing and projected jobs and housing relationship. This shall include an estimate based on readily available data on the number of low-wage jobs within the jurisdiction and how many housing units within the
						jurisdiction are affordable to low-wage workers as well as an estimate based on readily available data, of projected job growth and projected household growth by income level within each member jurisdiction during the planning period.
							</html:p>
							<html:p>
								(2)
								<html:span class="EnSpace"/>
								The opportunities and constraints to development of additional housing in each member jurisdiction, including all of the following:
							</html:p>
							<html:p>
								(A)
								<html:span class="EnSpace"/>
								Lack of capacity for sewer or water service due to federal or state laws, regulations or regulatory actions, or supply and distribution decisions made by a sewer or water service provider other than the local jurisdiction that preclude the jurisdiction from providing necessary infrastructure for additional development during the planning period.
							</html:p>
							<html:p>
								(B)
								<html:span class="EnSpace"/>
								The availability of land suitable for urban development or for conversion to residential use, the
						availability of underutilized land, and opportunities for infill development and increased residential densities. The council of governments may not limit its consideration of suitable housing sites or land suitable for urban development to existing zoning ordinances and land use restrictions of a locality, but shall consider the potential for increased residential development under alternative zoning ordinances and land use restrictions. The determination of available land suitable for urban development may exclude lands where the Federal Emergency Management Agency (FEMA) or the Department of Water Resources has determined that the flood management infrastructure designed to protect that land is not adequate to avoid the risk of flooding.
							</html:p>
							<html:p>
								(C)
								<html:span class="EnSpace"/>
								Lands preserved or protected from urban development under existing federal or state programs, or both, designed to protect open space, farmland, environmental habitats, and natural resources on a
						long-term basis, including land zoned or designated for agricultural protection or preservation that is subject to a local ballot measure that was approved by the voters of that jurisdiction that prohibits or restricts conversion to nonagricultural uses.
							</html:p>
							<html:p>
								(D)
								<html:span class="EnSpace"/>
								County policies to preserve prime agricultural land, as defined pursuant to Section 56064, within an unincorporated area and land within an unincorporated area zoned or designated for agricultural protection or preservation that is subject to a local ballot measure that was approved by the voters of that jurisdiction that prohibits or restricts its conversion to nonagricultural uses.
							</html:p>
							<html:p>
								(E)
								<html:span class="EnSpace"/>
								Emergency evacuation route capacity, wildfire risk, sea level rise, and other impacts caused by climate change.
							</html:p>
							<html:p>
								(3)
								<html:span class="EnSpace"/>
								The distribution of household growth assumed for purposes of a
						comparable period of regional transportation plans and opportunities to maximize the use of public transportation and existing transportation infrastructure.
							</html:p>
							<html:p>
								(4)
								<html:span class="EnSpace"/>
								Agreements between a county and cities in a county to direct growth toward incorporated areas of the county and land within an unincorporated area zoned or designated for agricultural protection or preservation that is subject to a local ballot measure that was approved by the voters of the jurisdiction that prohibits or restricts conversion to nonagricultural uses.
							</html:p>
							<html:p>
								(5)
								<html:span class="EnSpace"/>
								The loss of units contained in assisted housing developments, as defined in paragraph (9) of subdivision (a) of Section 65583, that changed to non-low-income use through mortgage prepayment, subsidy contract expirations, or termination of use restrictions.
							</html:p>
							<html:p>
								(6)
								<html:span class="EnSpace"/>
								The percentage of existing
						households at each of the income levels listed in subdivision (f) of Section 65584 that are paying more than 30 percent and more than 50 percent of their income in rent.
							</html:p>
							<html:p>
								(7)
								<html:span class="EnSpace"/>
								The rate of overcrowding.
							</html:p>
							<html:p>
								(8)
								<html:span class="EnSpace"/>
								The housing needs of farmworkers.
							</html:p>
							<html:p>
								(9)
								<html:span class="EnSpace"/>
								(A)
								<html:span class="EnSpace"/>
								The housing needs generated by the presence of a private university or a campus of the California State University or the University of California within any member
						jurisdiction, the distribution of those students among jurisdictions within the region, and for a campus of the California State University or the University of California, the optimization of transit, pedestrian, and other nonvehicle trip efficiency by students to the campus, including off-campus facilities.
							</html:p>
							<html:p>
								(B)
								<html:span class="EnSpace"/>
								(i)
								<html:span class="EnSpace"/>
								No more than six months before the development of the methodology, the Regents of the University of California are requested to, and the Trustees of the California State University shall, provide to each council of governments a forecast of changes in enrollment levels at its campuses, including off-campus facilities, within the region, based on factors including, but not limited to, (I) cohort progression projections, (II) improvements in the percentage of California residents meeting
						university admission and transfer standards, and (III) improvements in degree completion by noncohort students. The forecast shall not be limited to students who will be recent high school graduates. The Regents of the University of California are requested to, and the Trustees of the California State University shall, provide copies of the forecast to the Director of Finance, the Director of Housing and Community Development, and the Chairperson of the Joint Legislative Budget Committee.
							</html:p>
							<html:p>
								(ii)
								<html:span class="EnSpace"/>
								Clause (i) shall apply to the seventh and each subsequent housing element cycle, except as specified in clause (iii).
							</html:p>
							<html:p>
								(iii)
								<html:span class="EnSpace"/>
								With respect to all of the following councils of governments, clause (i) shall apply to the eighth and each subsequent housing element cycles:
							</html:p>
							<html:p>
								(I)
								<html:span class="EnSpace"/>
								The Humboldt County Association of Governments.
							</html:p>
							<html:p>
								(II)
								<html:span class="EnSpace"/>
								The Lake Area Planning Council.
							</html:p>
							<html:p>
								(III)
								<html:span class="EnSpace"/>
								The Mendocino Council of Governments.
							</html:p>
							<html:p>
								(C)
								<html:span class="EnSpace"/>
								The Regents of the University of California are requested to, and the Trustees of the California State University shall, provide trip and travel data to the council of governments upon request.
							</html:p>
							<html:p>
								(10)
								<html:span class="EnSpace"/>
								The housing needs of individuals and families experiencing homelessness. If a council of governments has surveyed each of its member jurisdictions pursuant to subdivision (b) on or before January 1, 2020, this paragraph shall apply only to the development of methodologies for the seventh and subsequent revisions of the housing element.
							</html:p>
							<html:p>
								(11)
								<html:span class="EnSpace"/>
								The loss of units during a state of emergency
						that was declared by the Governor pursuant to the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2), during the planning period immediately preceding the relevant revision pursuant to Section 65588 that have yet to be rebuilt or replaced at the time of the analysis.
							</html:p>
							<html:p>
								(12)
								<html:span class="EnSpace"/>
								The region’s greenhouse gas emissions targets provided by the State Air Resources Board pursuant to Section 65080.
							</html:p>
							<html:p>
								(13)
								<html:span class="EnSpace"/>
								The development pattern set forth in the region’s sustainable communities strategy of its regional transportation plan.
							</html:p>
							<html:p>
								(14)
								<html:span class="EnSpace"/>
								Any other factors adopted by the council of governments, that further the objectives listed in subdivision (d) of Section 65584, provided that the council of governments specifies which of the objectives each additional factor is necessary to further. The council of governments may include additional factors unrelated to furthering the objectives listed in subdivision (d) of Section 65584 so long as the additional factors do not undermine the objectives listed in subdivision (d) of Section 65584 and are applied equally across all household income levels as described in subdivision (f) of Section 65584 and the council of governments makes a finding that the factor is necessary to address significant health and safety conditions.
							</html:p>
							<html:p>
								(f)
								<html:span class="EnSpace"/>
								The council of governments, or delegate subregion, as applicable, shall explain in writing how each of the factors described in subdivision (e) was incorporated into the methodology and how the
						methodology furthers the objectives listed in subdivision (d) of Section 65584. The methodology may include numerical weighting. This information, and any other supporting materials used in determining the methodology, shall be posted on the council of governments’, or delegate subregion’s, internet website.
							</html:p>
							<html:p>
								(g)
								<html:span class="EnSpace"/>
								The following criteria shall not be a justification for a determination or a reduction in a jurisdiction’s share of the regional housing need:
							</html:p>
							<html:p>
								(1)
								<html:span class="EnSpace"/>
								Any ordinance, policy, voter-approved measure, or standard of a city or county that directly or indirectly limits the number of residential building permits issued by a city or county.
							</html:p>
							<html:p>
								(2)
								<html:span class="EnSpace"/>
								Prior underproduction of housing in a city or county from the previous regional housing need allocation, as determined by each jurisdiction’s annual production report submitted
						pursuant to subparagraph (H) of paragraph (2) of subdivision (a) of Section 65400.
							</html:p>
							<html:p>
								(3)
								<html:span class="EnSpace"/>
								Stable population numbers in a city or county from the previous regional housing needs cycle.
							</html:p>
							<html:p>
								(h)
								<html:span class="EnSpace"/>
								Following the conclusion of the public comment period described in subdivision (d) on the proposed allocation methodology, and after making any revisions deemed appropriate by the council of governments, or delegate subregion, as applicable, as a result of comments received during the public comment period, and as a result of consultation with the department, each council of governments, or delegate subregion, as applicable, shall publish a draft allocation methodology on its internet website and submit the draft allocation methodology, along with the information required pursuant to subdivision (e), to the department.
							</html:p>
							<html:p>
								(i)
								<html:span class="EnSpace"/>
								Within 60
						days, the department shall review the draft allocation methodology and report its written findings to the council of governments, or delegate subregion, as applicable. In its written findings the department shall determine whether the methodology furthers the objectives listed in subdivision (d) of Section 65584. If the department determines that the methodology is not consistent with subdivision (d) of Section 65584, the council of governments, or delegate subregion, as applicable, shall take both of the following actions:
							</html:p>
							<html:p>
								(1)
								<html:span class="EnSpace"/>
								Revise the methodology, in consultation with the department, to further the objectives listed in subdivision (d) of Section 65584 within 45 days.
							</html:p>
							<html:p>
								(2)
								<html:span class="EnSpace"/>
								Receive department acceptance that the revised methodology furthers the objectives listed in subdivision (d) of Section 65584 and adopt a final regional, or subregional, housing need allocation
						methodology.
							</html:p>
							<html:p>
								(j)
								<html:span class="EnSpace"/>
								If the department’s findings are not available within the time limits set by subdivision (i), the council of governments, or delegate subregion, may act without them.
							</html:p>
							<html:p>
								(k)
								<html:span class="EnSpace"/>
								After taking action pursuant to subdivision (i), the council of governments, or delegate subregion, shall provide notice of the adoption of the methodology to the jurisdictions within the region, or delegate subregion, as applicable, and to the department, and shall publish the adopted allocation methodology, along with its resolution and any adopted written findings, on its internet website.
							</html:p>
							<html:p>
								(
								<html:i>l</html:i>
								)
								<html:span class="EnSpace"/>
								The department may, within 45 days, review the adopted methodology and report its findings to the council of governments, or delegate subregion.
							</html:p>
							<html:p>
								(m)
								<html:span class="EnSpace"/>
								(1)
								<html:span class="EnSpace"/>
								It is the intent of the Legislature that housing planning be coordinated and integrated with the regional transportation plan. To achieve this goal, the allocation plan shall be informed by the development pattern included in the sustainable communities strategy.
							</html:p>
							<html:p>
								(2)
								<html:span class="EnSpace"/>
								(A)
								<html:span class="EnSpace"/>
								The final allocation plan shall ensure that the total regional housing need, by income category, as determined under Section 65584, is maintained, and that each jurisdiction in the region receive an allocation of units for low- and very low income households.
							</html:p>
							<html:p>
								(B)
								<html:span class="EnSpace"/>
								For the seventh and subsequent revisions of the housing element, the
						allocation to each region required under subparagraph (A) shall also include an allocation of units for acutely low and extremely low income households.
							</html:p>
							<html:p>
								(3)
								<html:span class="EnSpace"/>
								The resolution approving the final housing need allocation plan shall demonstrate that the plan is informed by the sustainable communities strategy in the regional transportation plan and furthers the objectives listed in subdivision (d) of Section 65584.
							</html:p>
							<html:p>
								(n)
								<html:span class="EnSpace"/>
								This section shall become operative on January 1, 2025.
							</html:p>
							<html:p>
								(o)
								<html:span class="EnSpace"/>
								For the seventh housing element cycle, the changes to this
						section made by the act adding this subdivision shall not apply to councils of governments with a housing element revision due date during the 2027 calendar year.
							</html:p>
						</ns0:Content>
					</ns0:LawSectionVersion>
				</ns0:LawSection>
			</ns0:Fragment>
		</ns0:BillSection>
		<ns0:BillSection id="id_2EBAF553-4B08-41F7-B3CA-FE7E3427BCB4">
			<ns0:Num>SEC. 6.</ns0:Num>
			<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:GOV:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'TITLE'%20and%20caml%3ANum%3D'7.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'1.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'3.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'10.6.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'65584.05.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
				Section 65584.05 of the 
				<ns0:DocName>Government Code</ns0:DocName>
				 is amended to read:
			</ns0:ActionLine>
			<ns0:Fragment>
				<ns0:LawSection id="id_7FFCE8FE-C3DF-4B70-945D-47DD59962784">
					<ns0:Num>65584.05.</ns0:Num>
					<ns0:LawSectionVersion id="id_5EA52316-2CAC-450A-8539-333CA792E2BE">
						<ns0:Content>
							<html:p>
								(a)
								<html:span class="EnSpace"/>
								At least two years before the scheduled revision required by Section 65588, each council of governments and delegate subregion, as applicable, shall distribute a draft allocation of regional housing needs to each local government in the region or subregion, where applicable, and the department, based on the methodology adopted pursuant to Section 65584.04 and shall publish the draft allocation on its internet website. The council of governments may additionally distribute the draft allocation plan upon adoption of the final methodology reviewed and accepted by the department pursuant to paragraph (2) of subdivision (i) of Section 65584.04. The draft allocation shall include the underlying data and methodology on which the allocation is
						based, and a statement as to how it furthers the objectives listed in subdivision (d) of Section 65584. It is the intent of the Legislature that the draft allocation should be distributed before the completion of the update of the applicable regional transportation plan. The draft allocation shall distribute to localities and subregions, if any, within the region the entire regional housing need determined pursuant to Section 65584.01 or within subregions, as applicable, the subregion’s entire share of the regional housing need determined pursuant to Section 65584.03.
							</html:p>
							<html:p>
								(b)
								<html:span class="EnSpace"/>
								Within 30 days following receipt of the draft allocation, a local government within the region or the delegate subregion, as applicable, or the department may 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. Appeals shall be based upon comparable data available for all affected jurisdictions and accepted planning methodology, and supported by adequate documentation, and shall include a statement as to why the revision is necessary to further the intent of the objectives listed in subdivision (d) of Section 65584. An appeal pursuant to this subdivision shall be consistent with, and not to the detriment of, the development pattern in an applicable sustainable communities strategy developed pursuant to paragraph (2) of subdivision (b) of Section 65080. Appeals shall be limited to any of the following circumstances:
							</html:p>
							<html:p>
								(1)
								<html:span class="EnSpace"/>
								The council of governments or delegate subregion, as applicable, failed to adequately consider the information submitted pursuant to subdivision (b) of Section
						65584.04.
							</html:p>
							<html:p>
								(2)
								<html:span class="EnSpace"/>
								The council of governments or delegate subregion, as applicable, failed to determine the share of the regional housing need in accordance with the information described in, and the methodology established pursuant to, Section 65584.04, and in a manner that furthers, and does not undermine, the intent of the objectives listed in subdivision (d) of Section 65584.
							</html:p>
							<html:p>
								(3)
								<html:span class="EnSpace"/>
								A significant and unforeseen change in circumstances has occurred in the local jurisdiction or jurisdictions that merits a revision of the information submitted pursuant to subdivision (b) of Section 65584.04. Appeals on this basis shall only be made by the jurisdiction or jurisdictions where the change in circumstances has occurred.
							</html:p>
							<html:p>
								(c)
								<html:span class="EnSpace"/>
								At
						the close of the period for filing appeals pursuant to subdivision (b), the council of governments or delegate subregion, as applicable, shall notify all other local governments within the region or delegate subregion and the department of all appeals and shall make all materials submitted in support of each appeal available on a publicly available internet website. Local governments and the department may, within 45 days, comment on one or more appeals. If no appeals are filed, the draft allocation may be adopted pursuant to subdivision (g).
							</html:p>
							<html:p>
								(d)
								<html:span class="EnSpace"/>
								No later than 30 days after the close of the comment period, and after providing all local governments within the region or delegate subregion, as applicable, at least 10 days prior notice, the council of governments or delegate subregion shall conduct one public hearing to consider all appeals filed
						pursuant to subdivision (b) and all comments received pursuant to subdivision (c).
							</html:p>
							<html:p>
								(e)
								<html:span class="EnSpace"/>
								No later than 45 days after the public hearing pursuant to subdivision (d), the council of governments or delegate subregion, as applicable, shall do all of the following:
							</html:p>
							<html:p>
								(1)
								<html:span class="EnSpace"/>
								Make a final determination that either accepts, rejects, or modifies each appeal for a revised share filed pursuant to subdivision (b). Final determinations shall be based upon the information and methodology described in Section 65584.04 and whether the revision is necessary to further the objectives listed in subdivision (d) of Section 65584. The final determination shall be in writing and shall include written findings as to how the determination is consistent with this article. The final determination on an appeal
						may require the council of governments or delegate subregion, as applicable, to adjust the share of the regional housing need allocated to one or more local governments that are not the subject of an appeal.
							</html:p>
							<html:p>
								(2)
								<html:span class="EnSpace"/>
								Issue a proposed final allocation plan.
							</html:p>
							<html:p>
								(3)
								<html:span class="EnSpace"/>
								Submit the proposed final allocation plan to the department.
							</html:p>
							<html:p>
								(4)
								<html:span class="EnSpace"/>
								Set a date for a public hearing to adopt a final allocation plan pursuant to subdivision (g).
							</html:p>
							<html:p>
								(f)
								<html:span class="EnSpace"/>
								In the proposed final allocation plan, the council of governments or delegate subregion, as applicable, shall adjust allocations to local governments based upon the results of the appeals process. If the adjustments total 7 percent or less of the
						regional housing need determined pursuant to Section 65584.01, or, as applicable, total 7 percent or less of the subregion’s share of the regional housing need as determined pursuant to Section 65584.03, then the council of governments or delegate subregion, as applicable, shall distribute the adjustments proportionally to all local governments. If the adjustments total more than 7 percent of the regional housing need, then the council of governments or delegate subregion, as applicable, shall develop a methodology to distribute the amount greater than the 7 percent to local governments. The total distribution of housing need shall not equal less than the regional housing need, as determined pursuant to Section 65584.01, nor shall the subregional distribution of housing need equal less than its share of the regional housing need as determined pursuant to Section 65584.03.
							</html:p>
							<html:p>
								(g)
								<html:span class="EnSpace"/>
								Within 45 days after the issuance of the proposed final allocation plan by the council of governments and each delegate subregion, as applicable, the council of governments shall hold a public hearing to adopt a final allocation plan. To the extent that the final allocation plan fully allocates the regional share of statewide housing need, as determined pursuant to Section 65584.01 and has taken into account all appeals, the council of governments shall have final authority to determine the distribution of the region’s existing and projected housing need as determined pursuant to Section 65584.01. The council of governments shall submit its final allocation plan to the department within three days of adoption. Within 15 days after the department’s receipt of the final allocation plan adopted by the council of governments, the department
						shall determine if the final allocation plan is consistent with the existing and projected housing need for the region, as determined pursuant to Section 65584.01. The department may revise the determination of the council of governments if necessary to obtain this consistency.
							</html:p>
							<html:p>
								(h)
								<html:span class="EnSpace"/>
								Any authority of the council of governments to review and revise the share of a city or county of the regional housing need under this section shall not constitute authority to revise, approve, or disapprove the manner in which the share of the city or county of the regional housing need is implemented through its housing program.
							</html:p>
							<html:p>
								(i)
								<html:span class="EnSpace"/>
								Any time period in subdivision (d) or (e) may be extended by a council of governments or delegate subregion, as applicable, for up to 30 days. Any time period in
						subdivision (b), (c), (d), (e), or (g) may be reduced by a council of governments or delegate subregion, as applicable, to facilitate earlier adoption of the final allocation plan. No time period shall be reduced to fewer than a minimum of 10 days.
							</html:p>
							<html:p>
								(j)
								<html:span class="EnSpace"/>
								The San Diego Association of Governments may follow the process in this section for the draft and final allocation plan for the sixth revision of the housing element notwithstanding such actions being carried out before the adoption of an updated regional transportation plan and sustainable communities strategy.
							</html:p>
							<html:p>
								(k)
								<html:span class="EnSpace"/>
								For the seventh housing element cycle, the changes to this section made by the act adding this subdivision shall not apply to councils of governments with a housing element revision due date during the 2027 calendar
						year.
							</html:p>
						</ns0:Content>
					</ns0:LawSectionVersion>
				</ns0:LawSection>
			</ns0:Fragment>
		</ns0:BillSection>
		<ns0:BillSection id="id_281165B8-0590-4540-A6FD-BC8030DE305A">
			<ns0:Num>SEC. 7.</ns0:Num>
			<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:GOV:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'TITLE'%20and%20caml%3ANum%3D'7.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'1.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'3.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'10.6.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'65585.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
				Section 65585 of the 
				<ns0:DocName>Government Code</ns0:DocName>
				 is amended to read:
			</ns0:ActionLine>
			<ns0:Fragment>
				<ns0:LawSection id="id_A9917881-32E8-4732-8C04-D579556A2888">
					<ns0:Num>65585.</ns0:Num>
					<ns0:LawSectionVersion id="id_5FBEC60C-FD1D-4421-9DB4-D3839CFA96B6">
						<ns0:Content>
							<html:p>
								(a)
								<html:span class="EnSpace"/>
								In the preparation of its housing element, each city and county shall consider the guidelines adopted by the department pursuant to Section 50459 of the Health and Safety Code. Those guidelines shall be advisory to each city or county in the preparation of its housing element.
							</html:p>
							<html:p>
								(b)
								<html:span class="EnSpace"/>
								(1)
								<html:span class="EnSpace"/>
								(A)
								<html:span class="EnSpace"/>
								At least 90 days prior to adoption of a revision of its housing element pursuant to subdivision (e) of Section 65588, or at least 60 days prior to the adoption of a subsequent amendment to this element, the planning agency shall submit a draft element revision or draft amendment to the department. The local government of the planning agency shall make the
						first draft revision of a housing element available for public comment for at
						least 30 days and, if any comments are received, the local government shall take at least 10 business days after the 30-day public comment period to consider and incorporate public comments into the draft revision prior to submitting it to the department. For any subsequent draft revision, the local government shall post the draft revision on its internet website and shall email a link to the draft revision to all individuals and organizations that have previously requested notices relating to the local government’s housing element at least seven days before submitting the draft revision to the department.
							</html:p>
							<html:p>
								(B)
								<html:span class="EnSpace"/>
								The planning agency staff shall collect and compile the public comments regarding the housing element received by the city, county, or city and county and provide these comments to each member of the legislative body
						before it adopts the housing element.
							</html:p>
							<html:p>
								(C)
								<html:span class="EnSpace"/>
								The department shall review the draft and report its written findings to the planning agency within 90 days of its receipt of the first draft submittal for each housing element revision pursuant to subdivision (e) of Section 65588 or within 60 days of its receipt of a subsequent draft amendment or an adopted revision or adopted amendment to an element. The department shall not review the first draft submitted for each housing element revision pursuant to subdivision (e) of Section 65588 until the local government has made the draft available for public comment for at least 30 days and, if comments were received, has taken at least 10 business days to consider and incorporate public comments pursuant to paragraph (1).
							</html:p>
							<html:p>
								(2)
								<html:span class="EnSpace"/>
								(A)
								<html:span class="EnSpace"/>
								At least 90 days prior to the initial adoption of a revision of its housing element pursuant to subdivision (e) of Section 65588, and at least 7 days prior to any subsequent adoption submittal if changes have occurred to the inventory of sites, a local government shall do both of the following:
							</html:p>
							<html:p>
								(i)
								<html:span class="EnSpace"/>
								Make a draft of its inventory of sites required pursuant to paragraph (3) of subdivision (a) of Section 65583 available to the department and the public and post the draft inventory on its internet website.
							</html:p>
							<html:p>
								(ii)
								<html:span class="EnSpace"/>
								Send an email to all individuals and organizations that have previously requested notices notifying them that the inventory has been updated that includes a link to the draft inventory on its website.
							</html:p>
							<html:p>
								(B)
								<html:span class="EnSpace"/>
								The requirements of this paragraph shall apply to the seventh and each subsequent revision of the housing element.
							</html:p>
							<html:p>
								(c)
								<html:span class="EnSpace"/>
								In the preparation of its findings, the department may consult with any public agency, group, or person. The department shall receive and consider any written comments from any public agency, group, or person regarding the draft or adopted element or amendment under review.
							</html:p>
							<html:p>
								(d)
								<html:span class="EnSpace"/>
								In its written findings, the department shall determine whether the draft element or draft amendment substantially complies with this article. If the department finds that the draft element or draft amendment does not substantially comply with this article, the department shall in a written communication to the planning agency do both of the following:
							</html:p>
							<html:p>
								(1)
								<html:span class="EnSpace"/>
								Identify and explain the specific deficiencies in the draft element or draft amendment, including a reference to each subdivision of Section 65583 that the draft element or draft amendment does not comply with.
							</html:p>
							<html:p>
								(2)
								<html:span class="EnSpace"/>
								Provide the specific analysis or text that the department expects the planning agency to include in the draft element or draft amendment to remedy the deficiencies identified in paragraph (1).
							</html:p>
							<html:p>
								(e)
								<html:span class="EnSpace"/>
								Prior to the adoption of its draft element or draft amendment, the legislative body shall consider the findings made, and the specific analysis or text required, by the department. If the department’s findings are not available within the time limits set by this section, the legislative body may act without them.
							</html:p>
							<html:p>
								(f)
								<html:span class="EnSpace"/>
								If the department finds that the draft element or draft amendment does not substantially comply with this article, the legislative body shall take one of the following actions:
							</html:p>
							<html:p>
								(1)
								<html:span class="EnSpace"/>
								(A)
								<html:span class="EnSpace"/>
								Include the specific analysis or text in the draft element or draft amendment to substantially comply with this article, as required by the department pursuant to subdivision (d).
							</html:p>
							<html:p>
								(B)
								<html:span class="EnSpace"/>
								Any change to a draft element or draft amendment pursuant to subparagraph (A) shall be completed in accordance with subdivision (b). This subparagraph does not constitute a change in, but is declaratory of, existing law.
							</html:p>
							<html:p>
								(2)
								<html:span class="EnSpace"/>
								Adopt the draft element or draft amendment without the specific
						analysis or text required by the department pursuant to subdivision (d). The legislative body shall include in its resolution of adoption written findings that explain the reasons the legislative body believes that the draft element or draft amendment substantially complies with this article despite the findings of, and specific analysis or text required by, the department.
							</html:p>
							<html:p>
								(g)
								<html:span class="EnSpace"/>
								(1)
								<html:span class="EnSpace"/>
								Promptly following the adoption of its element or amendment, the planning agency shall submit a copy of the adopted element or amendment and any findings made pursuant to paragraph (2) of subdivision (f) to the department.
							</html:p>
							<html:p>
								(2)
								<html:span class="EnSpace"/>
								This subdivision shall not be construed to excuse a legislative body from complying with subdivision (f). This paragraph does not constitute a change in, but is
						declaratory of, existing law.
							</html:p>
							<html:p>
								(h)
								<html:span class="EnSpace"/>
								The department shall, within 60 days, review adopted housing elements or amendments and any findings pursuant to paragraph (2) of subdivision (f), make a finding as to whether the adopted element or amendment is in substantial compliance with this article, and report its findings to the planning agency. If the department finds that the adopted element or amendment is not in substantial compliance with this article, the department shall identify each subdivision of Section 65583 that the housing element does not substantially comply with and provide the specific analysis or text to the planning agency that, if adopted, would bring the housing element or amendment into substantial compliance.
							</html:p>
							<html:p>
								(i)
								<html:span class="EnSpace"/>
								(1)
								<html:span class="EnSpace"/>
								(A)
								<html:span class="EnSpace"/>
								The
						department shall review any action or failure to act by the city, county, or city and county that it determines is inconsistent with an adopted housing element or Section 65583, including any failure to implement any program actions included in the housing element pursuant to Section 65583. The department shall issue written findings to the city, county, or city and county as to whether the action or failure to act substantially complies with this article, and provide a reasonable time no longer than 30 days for the city, county, or city and county to respond to the findings before taking any other action authorized by this section, including the action authorized by subparagraph (C).
							</html:p>
							<html:p>
								(B)
								<html:span class="EnSpace"/>
								If the department finds that the city’s, county’s, or city and county’s action or failure to act does not substantially comply with its adopted housing
						element or its obligations pursuant to Section 65583, there shall be a rebuttable presumption of invalidity in any legal action challenging that action or failure to act.
							</html:p>
							<html:p>
								(C)
								<html:span class="EnSpace"/>
								If the department finds that the action or failure to act by the city, county, or city and county does not substantially comply with this article, and if it has issued findings pursuant to this section that an amendment to the housing element substantially complies with this article, the department may revoke its findings until it determines that the city, county, or city and county has come into compliance with this article.
							</html:p>
							<html:p>
								(2)
								<html:span class="EnSpace"/>
								The department may consult with any local government, public agency, group, or person, and shall receive and consider any written comments from any public agency, group, or person, regarding
						the action or failure to act by the city, county, or city and county described in paragraph (1), in determining whether the housing element substantially complies with this article.
							</html:p>
							<html:p>
								(j)
								<html:span class="EnSpace"/>
								The department shall notify the city, county, or city and county and may notify the office of the Attorney General that the city, county, or city and county is in violation of state law if the department finds that the housing element or an amendment to this element, or any action or failure to act described in subdivision (i), does not substantially comply with this article or that any local government has taken an action in violation of the following:
							</html:p>
							<html:p>
								(1)
								<html:span class="EnSpace"/>
								Housing Accountability Act (Section 65589.5).
							</html:p>
							<html:p>
								(2)
								<html:span class="EnSpace"/>
								Section 65863.
							</html:p>
							<html:p>
								(3)
								<html:span class="EnSpace"/>
								Chapter 4.3 (commencing with Section 65915).
							</html:p>
							<html:p>
								(4)
								<html:span class="EnSpace"/>
								Section 65008.
							</html:p>
							<html:p>
								(5)
								<html:span class="EnSpace"/>
								Housing Crisis Act of 2019 (Chapter 654, Statutes of 2019, Sections 65941.1, 65943, and 66300).
							</html:p>
							<html:p>
								(6)
								<html:span class="EnSpace"/>
								Section 8899.50.
							</html:p>
							<html:p>
								(7)
								<html:span class="EnSpace"/>
								Section 65913.4.
							</html:p>
							<html:p>
								(8)
								<html:span class="EnSpace"/>
								Article 11 (commencing with Section 65650).
							</html:p>
							<html:p>
								(9)
								<html:span class="EnSpace"/>
								Article 12 (commencing with Section 65660).
							</html:p>
							<html:p>
								(10)
								<html:span class="EnSpace"/>
								Section 65913.11.
							</html:p>
							<html:p>
								(11)
								<html:span class="EnSpace"/>
								Section 65400.
							</html:p>
							<html:p>
								(12)
								<html:span class="EnSpace"/>
								Section 65863.2.
							</html:p>
							<html:p>
								(13)
								<html:span class="EnSpace"/>
								Chapter 4.1 (commencing with Section 65912.100).
							</html:p>
							<html:p>
								(14)
								<html:span class="EnSpace"/>
								Section 65905.5.
							</html:p>
							<html:p>
								(15)
								<html:span class="EnSpace"/>
								Chapter 13 (commencing with Section 66310).
							</html:p>
							<html:p>
								(16)
								<html:span class="EnSpace"/>
								Section 65852.21.
							</html:p>
							<html:p>
								(17)
								<html:span class="EnSpace"/>
								Section 65852.24.
							</html:p>
							<html:p>
								(18)
								<html:span class="EnSpace"/>
								Section 66411.7.
							</html:p>
							<html:p>
								(19)
								<html:span class="EnSpace"/>
								Section 65913.16.
							</html:p>
							<html:p>
								(20)
								<html:span class="EnSpace"/>
								Article 2 (commencing with Section 66300.5) of Chapter 12.
							</html:p>
							<html:p>
								(21)
								<html:span class="EnSpace"/>
								Section 65852.28.
							</html:p>
							<html:p>
								(22)
								<html:span class="EnSpace"/>
								Section 65913.4.5.
							</html:p>
							<html:p>
								(23)
								<html:span class="EnSpace"/>
								Section 66499.41.
							</html:p>
							<html:p>
								(24)
								<html:span class="EnSpace"/>
								Homeless Housing, Assistance, and Prevention program (Chapter 6 (commencing with Section 50216) and Chapter 6.5 (commencing with Section 50230) of Part 1 of Division 31 of the Health and Safety Code).
							</html:p>
							<html:p>
								(25)
								<html:span class="EnSpace"/>
								Encampment Resolution Funding program (Chapter 7 (commencing with Section 50250) of Part 1 of Division 31 of the Health and Safety Code).
							</html:p>
							<html:p>
								(26)
								<html:span class="EnSpace"/>
								Family Homelessness Challenge
						Grants and Technical Assistance Program (Chapter 8 (commencing with Section 50255) of Part 1 of Division 31 of the Health and Safety Code).
							</html:p>
							<html:p>
								(27)
								<html:span class="EnSpace"/>
								(A)
								<html:span class="EnSpace"/>
								Article 11.5 (commencing with Section 65658).
							</html:p>
							<html:p>
								(B)
								<html:span class="EnSpace"/>
								This paragraph shall become operative only if Assembly Bill 3068 of the 2023–24 Regular Session of the Legislature is enacted and takes effect on or before January 1, 2025.
							</html:p>
							<html:p>
								(k)
								<html:span class="EnSpace"/>
								Commencing July 1, 2019, prior to the Attorney General bringing any suit for a violation of the provisions identified in
						subdivision (j) related to housing element compliance and seeking remedies available pursuant to this subdivision, the department shall offer the jurisdiction the opportunity for two meetings in person or via telephone to discuss the violation, and shall provide the jurisdiction written findings regarding the violation. This paragraph does not affect any action filed prior to the effective date of this section. The requirements set forth in this subdivision do not apply to any suits brought for a violation or violations of paragraphs (1) and (3) to (9), inclusive, of subdivision (j).
							</html:p>
							<html:p>
								(
								<html:i>l</html:i>
								)
								<html:span class="EnSpace"/>
								In any action or special proceeding brought by the Attorney General relating to housing element compliance pursuant to a notice or referral under subdivision (j), the Attorney General may request, upon a finding of the court that the housing
						element does not substantially comply with the requirements of this article pursuant to this section, that the court issue an order or judgment directing the jurisdiction to bring its housing element into substantial compliance with the requirements of this article. The court shall retain jurisdiction to ensure that its order or judgment is carried out. If a court determines that the housing element of the jurisdiction substantially complies with this article, it shall have the same force and effect, for purposes of eligibility for any financial assistance that requires a housing element in substantial compliance and for purposes of any incentives provided under Section 65589.9, as a determination by the department that the housing element substantially complies with this article.
							</html:p>
							<html:p>
								(1)
								<html:span class="EnSpace"/>
								If the jurisdiction has not complied with the order
						or
						judgment after 12 months, the court shall conduct a status conference. Following the status conference, upon a determination that the jurisdiction failed to comply with the order or judgment compelling substantial compliance with the requirements of this article, the court shall impose fines on the jurisdiction, which shall be deposited into the Building Homes and Jobs Trust Fund. Any fine levied pursuant to this paragraph shall be in a minimum amount of ten thousand dollars ($10,000) per month, but shall not exceed one hundred thousand dollars ($100,000) per month, except as provided in paragraphs (2) and (3). In the event that the jurisdiction fails to pay fines imposed by the court in full and on time, the court may require the Controller to intercept any available state and local funds and direct such funds to the Building Homes and Jobs Trust Fund to correct the jurisdiction’s failure to
						pay. The intercept of the funds by the Controller for this purpose shall not violate any provision of the California Constitution.
							</html:p>
							<html:p>
								(2)
								<html:span class="EnSpace"/>
								If the jurisdiction has not complied with the order or judgment after three months following the imposition of fees described in paragraph (1), the court shall conduct a status conference. Following the status conference, if the court finds that the fees imposed pursuant to paragraph (1) are insufficient to bring the jurisdiction into compliance with the order or judgment, the court may multiply the fine determined pursuant to paragraph (1) by a factor of three. In the event that the jurisdiction fails to pay fines imposed by the court in full and on time, the court may require the Controller to intercept any available state and local funds and direct such funds to the Building Homes and Jobs Trust Fund
						to correct the jurisdiction’s failure to pay. The intercept of the funds by the Controller for this purpose shall not violate any provision of the California Constitution.
							</html:p>
							<html:p>
								(3)
								<html:span class="EnSpace"/>
								If the jurisdiction has not complied with the order or judgment six months following the imposition of fees described in paragraph (1), the court shall conduct a status conference. Upon a determination that the jurisdiction failed to comply with the order or judgment, the court may impose the following:
							</html:p>
							<html:p>
								(A)
								<html:span class="EnSpace"/>
								If the court finds that the fees imposed pursuant to paragraphs (1) and (2) are insufficient to bring the jurisdiction into compliance with the order or judgment, the court may multiply the fine determined pursuant to paragraph (1) by a factor of six. In the event that the jurisdiction fails to pay fines
						imposed by the court in full and on time, the court may require the Controller to intercept any available state and local funds and direct such funds to the Building Homes and Jobs Trust Fund to correct the jurisdiction’s failure to pay. The intercept of the funds by the Controller for this purpose shall not violate any provision of the California Constitution.
							</html:p>
							<html:p>
								(B)
								<html:span class="EnSpace"/>
								The court may order remedies available pursuant to Section 564 of the Code of Civil Procedure, under which the agent of the court may take all governmental actions necessary to bring the jurisdiction’s housing element into substantial compliance pursuant to this article in order to remedy identified deficiencies. The court shall determine whether the housing element of the jurisdiction substantially complies with this article and, once the court makes that determination, it shall
						have the same force and effect, for all purposes, as the department’s determination that the housing element substantially complies with this article. An agent appointed pursuant to this paragraph shall have expertise in planning in California.
							</html:p>
							<html:p>
								(4)
								<html:span class="EnSpace"/>
								This subdivision does not limit a court’s discretion to apply any and all remedies in an action or special proceeding for a violation of any law identified in subdivision (j).
							</html:p>
							<html:p>
								(m)
								<html:span class="EnSpace"/>
								In determining the application of the remedies available under subdivision (l), the court shall consider whether there are any mitigating circumstances delaying the jurisdiction from coming into compliance with state housing law. The court may consider whether a city, county, or city and county is making a good faith effort to come into substantial
						compliance or is facing substantial undue hardships.
							</html:p>
							<html:p>
								(n)
								<html:span class="EnSpace"/>
								Nothing in this section shall limit the authority of the office of the Attorney General to bring a suit to enforce state law in an independent capacity. The office of the Attorney General may seek all remedies available under law including those set forth in this section.
							</html:p>
							<html:p>
								(o)
								<html:span class="EnSpace"/>
								Notwithstanding Sections 11040 and 11042, if the Attorney General declines to represent the department in any action or special proceeding brought pursuant to a notice or referral under subdivision (j), the department may appoint or contract with other counsel for purposes of representing the department in the action or special proceeding.
							</html:p>
							<html:p>
								(p)
								<html:span class="EnSpace"/>
								Notwithstanding any other provision
						of law, the statute of limitations set forth in subdivision (a) of Section 338 of the Code of Civil Procedure shall apply to any action or special proceeding brought by the office of the Attorney General or pursuant to a notice or referral under subdivision (j), or by the department pursuant to subdivision (o).
							</html:p>
							<html:p>
								(q)
								<html:span class="EnSpace"/>
								The amendments to this section made by the act adding this subdivision shall not be construed to limit the department’s ability to enforce programmatic requirements or remedies against cities, counties, and continuums of care pursuant to the Homeless Housing, Assistance, and Prevention program (Chapter 6 (commencing with Section 50216) and Chapter 6.5 (commencing with Section 50230) of Part 1 of Division 31 of the Health and Safety Code), the Encampment Resolution Funding program (Chapter 7 (commencing with Section 50250)), and the
						Family Homelessness Challenge Grants and Technical Assistance Program (Chapter 8 (commencing with Section 50255)).
							</html:p>
						</ns0:Content>
					</ns0:LawSectionVersion>
				</ns0:LawSection>
			</ns0:Fragment>
		</ns0:BillSection>
		<ns0:BillSection id="id_D37016BC-BBA3-453D-8CC2-7E802E2F5AA2">
			<ns0:Num>SEC. 7.5.</ns0:Num>
			<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:GOV:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'TITLE'%20and%20caml%3ANum%3D'7.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'1.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'3.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'10.6.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'65585.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
				Section 65585 of the 
				<ns0:DocName>Government Code</ns0:DocName>
				 is amended to read:
			</ns0:ActionLine>
			<ns0:Fragment>
				<ns0:LawSection id="id_26A2BD46-A94A-4A58-9916-9895DE3F911A">
					<ns0:Num>65585.</ns0:Num>
					<ns0:LawSectionVersion id="id_07593809-DB10-4EF8-8CBF-D88B8C282359">
						<ns0:Content>
							<html:p>
								(a)
								<html:span class="EnSpace"/>
								In the preparation of its housing element, each city and county shall consider the guidelines adopted by the department pursuant to Section 50459 of the Health and Safety Code. Those guidelines shall be advisory to each city or county in the preparation of its housing element.
							</html:p>
							<html:p>
								(b)
								<html:span class="EnSpace"/>
								(1)
								<html:span class="EnSpace"/>
								(A)
								<html:span class="EnSpace"/>
								At least 90 days prior to adoption of a revision of its housing element pursuant to subdivision (e) of Section 65588, or at least 60 days prior to the adoption of a subsequent amendment to this element, the planning agency shall submit a draft element revision or draft amendment to the department. The local government of the planning agency shall make the first draft revision of a housing element available for public comment for
						at least 30 days and, if any comments are received, the local government shall take at least 10 business days after the 30-day public comment period to consider and incorporate public comments into the draft revision prior to submitting it to the department. For any subsequent draft revision, the local government shall post the draft revision on its internet website and shall email a link to the draft revision to all individuals and organizations that have previously requested notices relating to the local government’s housing element at least seven days before submitting the draft revision to the department.
							</html:p>
							<html:p>
								(B)
								<html:span class="EnSpace"/>
								The planning agency staff shall collect and compile the public comments regarding the housing element received by the city, county, or city and county and provide these comments to each member of the legislative body before it adopts the housing element.
							</html:p>
							<html:p>
								(C)
								<html:span class="EnSpace"/>
								The
						department shall review the draft and report its written findings to the planning agency within 90 days of its receipt of the first draft submittal for each housing element revision pursuant to subdivision (e) of Section 65588 or within 60 days of its receipt of a subsequent draft amendment or an adopted revision or adopted amendment to an element. The department shall not review the first draft submitted for each housing element revision pursuant to subdivision (e) of Section 65588 until the local government has made the draft available for public comment for at least 30 days and, if comments were received, has taken at least 10 business days to consider and incorporate public comments pursuant to paragraph (1).
							</html:p>
							<html:p>
								(2)
								<html:span class="EnSpace"/>
								(A)
								<html:span class="EnSpace"/>
								At least 90 days prior to the initial adoption of a revision of its housing element pursuant to subdivision (e) of Section 65588, and at least 7 days prior to any subsequent adoption submittal if changes
						have occurred to the inventory of sites, a local government shall do both of the following:
							</html:p>
							<html:p>
								(i)
								<html:span class="EnSpace"/>
								Make a draft of its inventory of sites required pursuant to paragraph (3) of subdivision (a) of Section 65583 available to the department and the public and post the draft inventory on its internet website.
							</html:p>
							<html:p>
								(ii)
								<html:span class="EnSpace"/>
								Send an email to all individuals and organizations that have previously requested notices notifying them that the inventory has been updated that includes a link to the draft inventory on its website.
							</html:p>
							<html:p>
								(B)
								<html:span class="EnSpace"/>
								The requirements of this paragraph shall apply to the seventh and each subsequent revision of the housing element.
							</html:p>
							<html:p>
								(c)
								<html:span class="EnSpace"/>
								In the preparation of its findings, the department may consult with any public agency, group, or person. The department shall
						receive and consider any written comments from any public agency, group, or person regarding the draft or adopted element or amendment under review.
							</html:p>
							<html:p>
								(d)
								<html:span class="EnSpace"/>
								In its written findings, the department shall determine whether the draft element or draft amendment substantially complies with this article. If the department finds that the draft element or draft amendment does not substantially comply with this article, the department shall in a written communication to the planning agency do both of the following:
							</html:p>
							<html:p>
								(1)
								<html:span class="EnSpace"/>
								Identify and explain the specific deficiencies in the draft element or draft amendment, including a reference to each subdivision of Section 65583 that the draft element or draft amendment
						does not comply with.
							</html:p>
							<html:p>
								(2)
								<html:span class="EnSpace"/>
								Provide the specific analysis or text that the department expects the planning agency to include in the draft element or draft amendment to remedy the deficiencies identified in paragraph (1).
							</html:p>
							<html:p>
								(e)
								<html:span class="EnSpace"/>
								Prior to the adoption of its draft element or draft amendment, the legislative body shall consider the findings made, and the specific analysis or text required, by the department. If the department’s findings are not available within the time limits set by this section, the legislative body may act without them.
							</html:p>
							<html:p>
								(f)
								<html:span class="EnSpace"/>
								If the department finds that the draft element or draft
						amendment does not substantially comply with this article, the legislative body shall take one of the following actions:
							</html:p>
							<html:p>
								(1)
								<html:span class="EnSpace"/>
								(A)
								<html:span class="EnSpace"/>
								Include the specific analysis or text in the draft element or draft amendment to substantially comply with this article, as required by the department pursuant to subdivision (d).
							</html:p>
							<html:p>
								(B)
								<html:span class="EnSpace"/>
								Any change to a draft element or draft amendment pursuant to subparagraph (A) shall be completed in accordance with subdivision (b). This subparagraph
						does not constitute a change in, but is declaratory of, existing law.
							</html:p>
							<html:p>
								(2)
								<html:span class="EnSpace"/>
								Adopt the draft element or draft amendment without the specific analysis or text required by the department pursuant to subdivision (d). The legislative body shall include in its resolution of adoption written findings that explain the reasons the legislative body believes that the draft element or draft amendment substantially complies with this article despite the findings
						of, and specific analysis or text required by, the department.
							</html:p>
							<html:p>
								(g)
								<html:span class="EnSpace"/>
								(1)
								<html:span class="EnSpace"/>
								Promptly following the adoption of its element or amendment, the planning agency shall submit a copy of the adopted element or amendment and any findings made pursuant to paragraph (2) of subdivision (f) to the department.
							</html:p>
							<html:p>
								(2)
								<html:span class="EnSpace"/>
								This subdivision shall not be construed to excuse a legislative body from complying with subdivision (f). This paragraph does not constitute a change in, but is declaratory of, existing law.
							</html:p>
							<html:p>
								(h)
								<html:span class="EnSpace"/>
								The department shall, within 60 days, review adopted housing elements or amendments and any findings pursuant to paragraph (2) of subdivision (f), make a finding as to whether the adopted element or amendment is in substantial compliance with this article, and report
						its findings to the planning agency. If the department finds that the adopted element or amendment is not in substantial compliance with this article, the department shall identify each subdivision of Section 65583 that the housing element does not substantially comply with and provide the specific analysis or text to the planning agency that, if adopted, would bring the housing element or amendment into substantial compliance.
							</html:p>
							<html:p>
								(i)
								<html:span class="EnSpace"/>
								(1)
								<html:span class="EnSpace"/>
								(A)
								<html:span class="EnSpace"/>
								The department shall review any action or failure to act by the city, county, or city and county that it determines is inconsistent with an adopted housing element or Section 65583, including any failure to implement any program actions included in the housing element pursuant to Section 65583. The department shall issue written findings to the city, county,
						or city and county as to whether the action or failure to act substantially complies with this article, and provide a reasonable time no longer than 30 days for the city, county, or city and county to respond to the findings before taking any other action authorized by this section, including the action authorized by subparagraph (C).
							</html:p>
							<html:p>
								(B)
								<html:span class="EnSpace"/>
								If the department finds that the city’s, county’s, or city and county’s action or failure to act does not substantially comply with its adopted housing element or its obligations pursuant to Section 65583, there shall be a rebuttable presumption of invalidity in any legal action challenging that action or failure to act.
							</html:p>
							<html:p>
								(C)
								<html:span class="EnSpace"/>
								If the department finds that the action or failure to act by the city, county, or city and county does not substantially comply with this article, and if it has issued findings pursuant to this section that an amendment to
						the housing element substantially complies with this article, the department may revoke its findings until it determines that the city, county, or city and county has come into compliance with this article.
							</html:p>
							<html:p>
								(2)
								<html:span class="EnSpace"/>
								The department may consult with any local government, public agency, group, or person, and shall receive and consider any written comments from any public agency, group, or person, regarding the action or failure to act by the city, county, or city and county described in paragraph (1), in determining whether the housing element substantially complies with this article.
							</html:p>
							<html:p>
								(j)
								<html:span class="EnSpace"/>
								The department shall notify the city, county, or city and county and may notify the office of the Attorney General that the city, county, or city and county is in violation of state law if the department finds that the housing element or an amendment to this element, or any action or failure to act
						described in subdivision (i), does not substantially comply with this article or that any local government has taken an action in violation of the following:
							</html:p>
							<html:p>
								(1)
								<html:span class="EnSpace"/>
								Housing Accountability Act (Section 65589.5).
							</html:p>
							<html:p>
								(2)
								<html:span class="EnSpace"/>
								Section 65863.
							</html:p>
							<html:p>
								(3)
								<html:span class="EnSpace"/>
								Chapter 4.3 (commencing with Section 65915).
							</html:p>
							<html:p>
								(4)
								<html:span class="EnSpace"/>
								Section 65008.
							</html:p>
							<html:p>
								(5)
								<html:span class="EnSpace"/>
								Housing Crisis Act of 2019 (Chapter 654, Statutes of 2019, Sections 65941.1, 65943, and 66300).
							</html:p>
							<html:p>
								(6)
								<html:span class="EnSpace"/>
								Section 8899.50.
							</html:p>
							<html:p>
								(7)
								<html:span class="EnSpace"/>
								Section 65913.4.
							</html:p>
							<html:p>
								(8)
								<html:span class="EnSpace"/>
								Article 11 (commencing with Section 65650).
							</html:p>
							<html:p>
								(9)
								<html:span class="EnSpace"/>
								Article 12 (commencing with Section 65660).
							</html:p>
							<html:p>
								(10)
								<html:span class="EnSpace"/>
								Section 65913.11.
							</html:p>
							<html:p>
								(11)
								<html:span class="EnSpace"/>
								Section 65400.
							</html:p>
							<html:p>
								(12)
								<html:span class="EnSpace"/>
								Section 65863.2.
							</html:p>
							<html:p>
								(13)
								<html:span class="EnSpace"/>
								Chapter 4.1 (commencing with Section 65912.100).
							</html:p>
							<html:p>
								(14)
								<html:span class="EnSpace"/>
								Section 65905.5.
							</html:p>
							<html:p>
								(15)
								<html:span class="EnSpace"/>
								Chapter 13 (commencing with Section 66310).
							</html:p>
							<html:p>
								(16)
								<html:span class="EnSpace"/>
								Section 65852.21.
							</html:p>
							<html:p>
								(17)
								<html:span class="EnSpace"/>
								Section 65852.24.
							</html:p>
							<html:p>
								(18)
								<html:span class="EnSpace"/>
								Section 66411.7.
							</html:p>
							<html:p>
								(19)
								<html:span class="EnSpace"/>
								Section 65913.16.
							</html:p>
							<html:p>
								(20)
								<html:span class="EnSpace"/>
								Article 2 (commencing with Section 66300.5) of Chapter 12.
							</html:p>
							<html:p>
								(21)
								<html:span class="EnSpace"/>
								Section 65852.28.
							</html:p>
							<html:p>
								(22)
								<html:span class="EnSpace"/>
								Section 65913.4.5.
							</html:p>
							<html:p>
								(23)
								<html:span class="EnSpace"/>
								Section 66499.41.
							</html:p>
							<html:p>
								(24)
								<html:span class="EnSpace"/>
								Homeless Housing, Assistance, and Prevention program (Chapter 6 (commencing with Section 50216) and Chapter 6.5 (commencing with Section 50230) of Part 1 of Division 31 of the Health and Safety Code).
							</html:p>
							<html:p>
								(25)
								<html:span class="EnSpace"/>
								Encampment Resolution Funding program (Chapter 7 (commencing with Section 50250) of Part 1 of Division 31 of the Health and Safety Code).
							</html:p>
							<html:p>
								(26)
								<html:span class="EnSpace"/>
								Family Homelessness Challenge Grants and
						Technical Assistance Program (Chapter 8 (commencing with Section 50255) of Part 1 of Division 31 of the Health and Safety Code).
							</html:p>
							<html:p>
								(27)
								<html:span class="EnSpace"/>
								Article 11.5 (commencing with Section 65658).
							</html:p>
							<html:p>
								(k)
								<html:span class="EnSpace"/>
								Commencing July 1, 2019, prior to the Attorney General bringing any suit for a violation of the provisions identified in subdivision (j)
						related to housing element compliance and seeking remedies available pursuant to this subdivision, the department shall offer the jurisdiction the opportunity for two meetings in person or via telephone to discuss the violation, and shall provide the jurisdiction written findings regarding the violation. This paragraph does not affect any action filed prior to the effective date of this section. The requirements set forth in this subdivision do not apply to any suits brought for a violation or violations of paragraphs (1) and (3) to (9), inclusive, of subdivision (j).
							</html:p>
							<html:p>
								(
								<html:i>l</html:i>
								)
								<html:span class="EnSpace"/>
								In any action or special proceeding brought by the Attorney General relating to housing element compliance pursuant to a notice or referral under subdivision (j), the Attorney General may request, upon a finding of the court that the housing element does not substantially comply with the requirements of this article pursuant to this section, that the court issue an
						order or judgment directing the jurisdiction to bring its housing element into substantial compliance with the requirements of this article. The court shall retain jurisdiction to ensure that its order or judgment is carried out. If a court determines that the housing element of the jurisdiction substantially complies with this article, it shall have the same force and effect, for purposes of eligibility for any financial assistance that requires a housing element in substantial compliance and for purposes of any incentives provided under Section 65589.9, as a determination by the department that the housing element substantially complies with this article.
							</html:p>
							<html:p>
								(1)
								<html:span class="EnSpace"/>
								If the jurisdiction has not complied with the order or judgment after 12 months, the court shall conduct a status conference. Following the status conference, upon a determination that the jurisdiction failed to comply with the order or judgment compelling substantial compliance with the
						requirements of this article, the court shall impose fines on the jurisdiction, which shall be deposited into the Building Homes and Jobs Trust Fund. Any fine levied pursuant to this paragraph shall be in a minimum amount of ten thousand dollars ($10,000) per month, but shall not exceed one hundred thousand dollars ($100,000) per month, except as provided in paragraphs (2) and (3). In the event that the jurisdiction fails to pay fines imposed by the court in full and on time, the court may require the Controller to intercept any available state and local funds and direct such funds to the Building Homes and Jobs Trust Fund to correct the jurisdiction’s failure to pay. The intercept of the funds by the Controller for this purpose shall not violate any provision of the California Constitution.
							</html:p>
							<html:p>
								(2)
								<html:span class="EnSpace"/>
								If the jurisdiction has not complied with the order or judgment after three months following the imposition of fees described in paragraph (1), the
						court shall conduct a status conference. Following the status conference, if the court finds that the fees imposed pursuant to paragraph (1) are insufficient to bring the jurisdiction into compliance with the order or judgment, the court may multiply the fine determined pursuant to paragraph (1) by a factor of three. In the event that the jurisdiction fails to pay fines imposed by the court in full and on time, the court may require the Controller to intercept any available state and local funds and direct such funds to the Building Homes and Jobs Trust Fund to correct the jurisdiction’s failure to pay. The intercept of the funds by the Controller for this purpose shall not violate any provision of the California Constitution.
							</html:p>
							<html:p>
								(3)
								<html:span class="EnSpace"/>
								If the jurisdiction has not complied with the order or judgment six months following the imposition of fees described in paragraph (1), the court shall conduct a status conference. Upon a determination that the
						jurisdiction failed to comply with the order or judgment, the court may impose the following:
							</html:p>
							<html:p>
								(A)
								<html:span class="EnSpace"/>
								If the court finds that the fees imposed pursuant to paragraphs (1) and (2) are insufficient to bring the jurisdiction into compliance with the order or judgment, the court may multiply the fine determined pursuant to paragraph (1) by a factor of six. In the event that the jurisdiction fails to pay fines imposed by the court in full and on time, the court may require the Controller to intercept any available state and local funds and direct such funds to the Building Homes and Jobs Trust Fund to correct the jurisdiction’s failure to pay. The intercept of the funds by the Controller for this purpose shall not violate any provision of the California Constitution.
							</html:p>
							<html:p>
								(B)
								<html:span class="EnSpace"/>
								The court may order remedies available pursuant to Section 564 of the Code of Civil Procedure, under which the agent of
						the court may take all governmental actions necessary to bring the jurisdiction’s housing element into substantial compliance pursuant to this article in order to remedy identified deficiencies. The court shall determine whether the housing element of the jurisdiction substantially complies with this article and, once the court makes that determination, it shall have the same force and effect, for all purposes, as the department’s determination that the housing element substantially complies with this article. An agent appointed pursuant to this paragraph shall have expertise in planning in California.
							</html:p>
							<html:p>
								(4)
								<html:span class="EnSpace"/>
								This subdivision does not limit a court’s discretion to apply any and all remedies in an action or special proceeding for a violation of any law identified in subdivision (j).
							</html:p>
							<html:p>
								(m)
								<html:span class="EnSpace"/>
								In determining the application of the remedies available under subdivision (l), the court shall
						consider whether there are any mitigating circumstances delaying the jurisdiction from coming into compliance with state housing law. The court may consider whether a city, county, or city and county is making a good faith effort to come into substantial compliance or is facing substantial undue hardships.
							</html:p>
							<html:p>
								(n)
								<html:span class="EnSpace"/>
								Nothing in this section shall limit the authority of the office of the Attorney General to bring a suit to enforce state law in an independent capacity. The office of the Attorney General may seek all remedies available under law including those set forth in this section.
							</html:p>
							<html:p>
								(o)
								<html:span class="EnSpace"/>
								Notwithstanding Sections 11040 and 11042, if the Attorney General declines to represent the department in any action or special proceeding brought pursuant to a notice or referral under subdivision (j), the department may appoint or contract with other counsel for purposes of representing the department
						in the action or special proceeding.
							</html:p>
							<html:p>
								(p)
								<html:span class="EnSpace"/>
								Notwithstanding any other provision of law, the statute of limitations set forth in subdivision (a) of Section 338 of the Code of Civil Procedure shall apply to any action or special proceeding brought by the office of the Attorney General or pursuant to a notice or referral under subdivision (j), or by the department pursuant to subdivision (o).
							</html:p>
							<html:p>
								(q)
								<html:span class="EnSpace"/>
								The amendments to this section made by the act adding this subdivision shall not be construed to limit the department’s ability to enforce programmatic requirements or remedies against cities, counties, and continuums of care pursuant to the Homeless Housing, Assistance, and Prevention program (Chapter 6 (commencing with Section 50216) and Chapter 6.5 (commencing with Section 50230) of Part 1 of Division 31 of the Health and Safety Code), the Encampment Resolution Funding program (Chapter 7
						(commencing with Section 50250) of Part 1 of Division 31 of the Health and Safety Code), 
						and the Family Homelessness Challenge Grants and Technical Assistance Program (Chapter 8 (commencing with Section 50255) of Part 1 of Division 31 of the Health and Safety Code).
							</html:p>
						</ns0:Content>
					</ns0:LawSectionVersion>
				</ns0:LawSection>
			</ns0:Fragment>
		</ns0:BillSection>
		<ns0:BillSection id="id_E41EF47C-4FCF-48F7-B00B-B21CC9B89F80">
			<ns0:Num>SEC. 8.</ns0:Num>
			<ns0:Content>
				<html:p>
					(a)
					<html:span class="EnSpace"/>
					(1)
					<html:span class="EnSpace"/>
					Section 1.1 of this bill incorporates amendments to Section 65583 of the Government Code proposed by both this bill and Assembly Bill 610. That section of this bill shall only become operative if (A) both bills are enacted and become effective on or before January 1, 2026, (B) each bill amends Section 65583 of the Government Code, (C) Senate Bill 340 is not enacted or as enacted does not amend that section, and (D) this bill is enacted after Assembly Bill 610, in which case Sections 1, 1.2, and 1.3 of this bill shall not become operative.
				</html:p>
				<html:p>
					(2)
					<html:span class="EnSpace"/>
					Section 1.2 of this bill incorporates amendments to Section 65583 of the Government Code proposed by both this bill and Senate Bill 340. That section of this bill shall only become operative if (A) both bills are enacted and become effective on or before January 1, 2026, (B) each bill amends Section 65583 of the Government Code, (C) Assembly Bill 610 is not enacted or as enacted does not amend that section, and (D) this bill is enacted after Senate Bill 340 in which case Sections 1, 1.1, and 1.3 of this bill shall not become operative.
				</html:p>
				<html:p>
					(3)
					<html:span class="EnSpace"/>
					Section 1.3 of this bill incorporates amendments to Section 65583 of the Government Code proposed by this bill, Assembly Bill 610, and Senate Bill 340. That section of this bill shall only become operative if (A) all three bills are enacted and become effective on or before January 1, 2026, (B) all three bills amend Section 65583 of the
				Government Code, and (C) this bill is enacted after Assembly Bill 610 and Senate Bill 340, in which case Sections 1, 1.1, and 1.2 of this bill shall not become operative.
				</html:p>
				<html:p>
					(b)
					<html:span class="EnSpace"/>
					Section 3.5 of this bill incorporates amendments to Section 65584.01 of the Government Code proposed by both this bill and Senate Bill 486. 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 65584.01 of the Government Code, and (3) this bill is enacted after Senate Bill 486, in which case Section 3 of this bill shall not become operative.
				</html:p>
				<html:p>
					(c)
					<html:span class="EnSpace"/>
					Section 4.5 of this bill incorporates amendments to Section 65584.03 of the Government Code proposed by both this bill and Assembly Bill 1275. 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 65584.03 of the Government Code, and (3) this bill is enacted after Assembly Bill 1275, in which case Section 4 of this bill shall not become operative.
				</html:p>
				<html:p>
					(d)
					<html:span class="EnSpace"/>
					(1)
					<html:span class="EnSpace"/>
					Section 5.1 of this bill incorporates amendments to Section 65584.04 of the Government Code proposed by both this bill and Senate Bill 486. That section of this bill shall only become operative if (A) both bills are enacted and become effective on or before January 1, 2026, (B) each bill amends Section 65584.04
				of the Government Code, (C) Assembly Bill 1275 is not enacted or as enacted does not amend that section, and (D) this bill is enacted after Senate Bill 486, in which case Sections 5, 5.2, and 5.3 of this bill shall not become operative.
				</html:p>
				<html:p>
					(2)
					<html:span class="EnSpace"/>
					Section 5.2 of this bill incorporates amendments to Section 65584.04 of the Government Code proposed by both this bill and Assembly Bill 1275. That section of this bill shall only become operative if (A) both bills are enacted and become effective on or before January 1, 2026, (B) each bill amends Section 65584.04 of the Government Code, (C) Senate Bill 486 is not enacted or as enacted does not amend that section, and (D) this bill is enacted after Assembly Bill 1275, in which case Sections 5, 5.1, and 5.3 of this bill shall not become operative.
				</html:p>
				<html:p>
					(3)
					<html:span class="EnSpace"/>
					Section 5.3 of this bill incorporates amendments to Section 65584.04 of the Government Code
				proposed by this bill, Senate Bill 486, and Assembly Bill 1275. That section of this bill shall only become operative if (A) all three bills are enacted and become effective on or before January 1, 2026, (B) all three bills amend Section 65584.04 of the Government Code, and (C) this bill is enacted after Senate Bill 486 and Assembly Bill 1275, in which case Sections 5, 5.1, and 5.2 of this bill shall not become operative.
				</html:p>
				<html:p>
					(e)
					<html:span class="EnSpace"/>
					Section 7.5 of this bill incorporates amendments to Section 65585 of the Government Code proposed by both this bill and Assembly Bill 507. 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 65585 of the Government Code, and (3) this bill is enacted after Assembly Bill 507, in
				which case Section 7 of this bill shall not become operative.
				</html:p>
			</ns0:Content>
		</ns0:BillSection>
		<ns0:BillSection id="id_00BB41A1-9A1C-4FCE-87F3-FE024B327080">
			<ns0:Num>SEC. 9.</ns0:Num>
			<ns0:Content>
				<html:p>
					No reimbursement is required by this act pursuant to Section 6 of Article XIII
					<html:span class="ThinSpace"/>
					B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.
				</html:p>
			</ns0:Content>
		</ns0:BillSection>
	</ns0:Bill>
</ns0:MeasureDoc>