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<ns0:Description>
<ns0:Id>20250SB__068197AMD</ns0:Id>
<ns0:VersionNum>97</ns0:VersionNum>
<ns0:History>
<ns0:Action>
<ns0:ActionText>INTRODUCED</ns0:ActionText>
<ns0:ActionDate>2025-02-21</ns0:ActionDate>
</ns0:Action>
<ns0:Action>
<ns0:ActionText>AMENDED_SENATE</ns0:ActionText>
<ns0:ActionDate>2025-04-10</ns0:ActionDate>
</ns0:Action>
<ns0:Action>
<ns0:ActionText>AMENDED_SENATE</ns0:ActionText>
<ns0:ActionDate>2025-05-23</ns0:ActionDate>
</ns0:Action>
</ns0:History>
<ns0:LegislativeInfo>
<ns0:SessionYear>2025</ns0:SessionYear>
<ns0:SessionNum>0</ns0:SessionNum>
<ns0:MeasureType>SB</ns0:MeasureType>
<ns0:MeasureNum>681</ns0:MeasureNum>
<ns0:MeasureState>AMD</ns0:MeasureState>
</ns0:LegislativeInfo>
<ns0:AuthorText authorType="LEAD_AUTHOR">Introduced by Senator Wahab</ns0:AuthorText>
<ns0:AuthorText authorType="PRINCIPAL_COAUTHOR_ORIGINATING">(Principal coauthors: Senators Becker, Grayson, McGuire, and Pérez)</ns0:AuthorText>
<ns0:Authors>
<ns0:Legislator>
<ns0:Contribution>LEAD_AUTHOR</ns0:Contribution>
<ns0:House>SENATE</ns0:House>
<ns0:Name>Wahab</ns0:Name>
</ns0:Legislator>
<ns0:Legislator>
<ns0:Contribution>PRINCIPAL_COAUTHOR</ns0:Contribution>
<ns0:House>SENATE</ns0:House>
<ns0:Name>Becker</ns0:Name>
</ns0:Legislator>
<ns0:Legislator>
<ns0:Contribution>PRINCIPAL_COAUTHOR</ns0:Contribution>
<ns0:House>SENATE</ns0:House>
<ns0:Name>Grayson</ns0:Name>
</ns0:Legislator>
<ns0:Legislator>
<ns0:Contribution>PRINCIPAL_COAUTHOR</ns0:Contribution>
<ns0:House>SENATE</ns0:House>
<ns0:Name>McGuire</ns0:Name>
</ns0:Legislator>
<ns0:Legislator>
<ns0:Contribution>PRINCIPAL_COAUTHOR</ns0:Contribution>
<ns0:House>SENATE</ns0:House>
<ns0:Name>Pérez</ns0:Name>
</ns0:Legislator>
</ns0:Authors>
<ns0:Title>An act to amend Sections 714.3, 1950.6, 5850, and 5855 of, and to add Sections 1950.3 and 2924.13 to, the Civil Code, to amend Sections 54221, 65584.01, 65584.04, 65589.5, 65905.5, 65913.10, 65928, 65941.1, 65953, and 65956 of, to amend and repeal Sections 65940, 65943, and 65950 of, to add Section 8590.15.5 to, and to repeal Section 66301 of, the Government Code, to amend Section 30603 of, to add Section 30342 to, and to add and repeal Section 25402.15 of, the Public Resources Code, and to amend Section 17053.5 of the Revenue and
Taxation Code, relating to housing.</ns0:Title>
<ns0:RelatingClause>housing</ns0:RelatingClause>
<ns0:GeneralSubject>
<ns0:Subject>Housing.</ns0:Subject>
</ns0:GeneralSubject>
<ns0:DigestText>
<html:p>
(1)
<html:span class="EnSpace"/>
Existing law, the Planning and Zoning Law, authorizes a local agency to provide for the creation of accessory dwelling units in single-family and multifamily residential zones by ordinance, and sets forth standards the ordinance is required to impose with respect to certain matters, including, among others, maximum unit size, parking, and height standards. Existing law authorizes a local agency to provide by ordinance for the creation of junior accessory dwelling units, as defined, in single-family residential zones and requires the ordinance to include, among other things, standards for the creation of a junior accessory dwelling unit, required deed restrictions, and occupancy requirements.
</html:p>
<html:p>Existing law makes void and unenforceable any covenant, restriction, or condition contained in any deed, contract, security
instrument, or other instrument affecting the transfer or sale of any interest in real property that either effectively prohibits or unreasonably restricts the construction or use of an accessory dwelling unit or junior accessory dwelling unit on a lot zoned for single-family residential use that meets the above-described minimum standards established for those units. However, existing law permits reasonable restrictions that do not unreasonably increase the cost to construct, effectively prohibit the construction of, or extinguish the ability to otherwise construct, an accessory dwelling unit or junior accessory dwelling unit consistent with those aforementioned minimum standards provisions.</html:p>
<html:p>This bill would prohibit fees and other financial requirements from being included in the above-described reasonable restrictions.</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Existing law regulates the hiring of real property and imposes various
requirements on landlords relating to the application for, and leasing of, residential rental property. Existing law places limitations on the amount of rent and security that a landlord can charge a tenant, as specified.
</html:p>
<html:p>This bill would prohibit a landlord or their agent from charging certain fees, unless the fee is
specified in the rental agreement. The bill would prohibit any fees charged, in total, from exceeding more than 5% of the monthly rental amount, except as specified. Under the bill, if a landlord or their agent charges and collects a fee from a tenant that is not authorized by law, the landlord or their agent would be liable to the tenant in a civil action for the cost of the fee, plus 5% interest compounded daily from the date the fee was collected.</html:p>
<html:p>Existing law authorizes a landlord or their agent to charge an applicant who requests to rent a residential housing unit an application screening fee to cover the costs of obtaining information about the applicant. Existing law prohibits the amount of the application screening fee from being greater that the actual out-of-pocket costs of gathering information concerning the applicant, including, but not limited to, the cost of using a tenant screening service or a consumer credit reporting service, and the reasonable value of time spent by the landlord or their agent in obtaining information on the applicant, as provided.</html:p>
<html:p>This bill, instead, would authorize the application screening fee to cover the actual costs of the screening, and
would prohibit the amount of the application screening fee from being greater that the actual out-of-pocket costs of conducting the screening, including, but not limited to, the cost of using a tenant screening service or a consumer credit reporting service, as provided. The bill would thereby eliminate the authority of the landlord or their agent to charge, as part of the application screening fee, the reasonable value of time spent by the landlord or their agent in obtaining information on the applicant.</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Existing law prescribes various requirements to be satisfied before the exercise of a power of sale under a mortgage or deed of trust. Existing law authorizes a borrower to bring an action for injunctive relief to enjoin material violations of certain of these requirements, and requires that the injunction remain in place and any trustee’s sale be enjoined until the court determines that the violations have been
corrected, as specified.
</html:p>
<html:p>This bill would make certain conduct an unlawful practice in connection with a subordinate mortgage, including, among others, that the mortgage servicer did not provide the borrower with any communication regarding the loan secured by the mortgage for at least 3 years. The bill would prohibit a mortgage servicer from conducting or threatening to conduct a nonjudicial foreclosure
until the mortgage servicer (A) records or causes to be recorded a certification, as specified, under penalty of perjury that either the mortgage servicer did not engage in an unlawful practice or the mortgage servicer lists all instances when it committed an unlawful practice and (B) the mortgage servicer sends the recorded certification and a notice to the borrower, as specified. By expanding the scope of a crime, this bill would impose a state-mandated local program.</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Existing law, the Davis-Stirling Common Interest Development Act, governs the formation and operation of common interest developments. Existing law requires that a common interest development be managed by an association.
</html:p>
<html:p>Existing law, if an association adopts or has adopted a policy imposing any monetary penalty on any association member for a violation of the governing documents, requires the
board to adopt and distribute to each member a schedule of the monetary penalties that may be assessed for those violations, as provided, and prohibits an association from imposing a monetary penalty on a member for a violation of the governing documents in excess of that schedule. Existing law requires the board to notify a member 10 days before a meeting to consider or impose discipline on the member, as specified. Existing law requires the board to provide a member with written notification of a decision to impose discipline on the member within 15 days.</html:p>
<html:p>This bill would prohibit monetary fees from exceeding the lesser of that specified schedule or $100 per violation. The bill would require the board to give a member the opportunity to cure a violation prior to the meeting to consider or impose discipline, as specified. The bill would reduce the time to provide written notification of a decision to impose discipline from 15 days to 14
days.</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Existing law, until July 1, 2042, establishes the Seismic Retrofitting Program for Soft Story Multifamily Housing for the purposes of providing financial assistance to owners of soft story multifamily housing for seismic retrofitting to protect individuals living in multifamily housing that have been determined to be at risk of collapse in earthquakes, as specified. Existing law establishes the Seismic Retrofitting Program for Soft Story Multifamily Housing Fund, and its subsidiary account, the Seismic Retrofitting Account, within the State Treasury. Existing law requires the California Residential Mitigation Program, also known as the CRMP, to develop and administer the program, as specified.
</html:p>
<html:p>This bill would require, upon appropriation by the Legislature, the CRMP to fund the seismic retrofitting of affordable multifamily housing, as specified. The bill would require the CRMP to prioritize
affordable multifamily housing serving lower income households, as defined.</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
Existing law prescribes requirements for the disposal of surplus land by a local agency. Existing law provides that an agency is not required to follow the requirements for disposal of surplus land for “exempt surplus land,” except as provided. Existing law defines “exempt surplus land” to mean, among other things, real property that a school district is required to appoint a district advisory committee prior to sale, lease, or rental of any excess real property, as specified, and real property that a school district may exchange for real property of another person or private business firm, as specified.
</html:p>
<html:p> This bill would remove the above-described school district real property from the definition of “exempt surplus land,” thereby requiring that the disposal of that property be done in accordance with the above-described
requirements for surplus land disposal.</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
Existing law, the Planning and Zoning Law, requires each county and each city to adopt a comprehensive, long-term general plan for the physical development of the county or city, and specified land outside its boundaries, that contains certain mandatory elements, including a housing element. That law requires each local government to review its housing element and to revise the housing element in accordance with a specified schedule. For the 4th and subsequent revisions of the housing element, existing law requires the Department of Housing and Community Development to determine the existing and projected need for housing for each region, and requires the appropriate council of governments, or the department for cities and counties without a council of governments, to adopt a final regional housing need plan that allocates a share of the regional housing need to each city, county, or city and county,
as provided. Existing law requires the department to meet and consult with the council of governments regarding the assumptions and methodology used to determine a region’s housing needs at least 26 months prior to the scheduled revision. Existing law requires the council of governments to provide certain data assumptions from the council’s projections, if available, including, among other things, the percentage of households that are overcrowded, the overcrowding rate for a comparable housing market, the percentage of households that are cost burdened, and the rate of housing cost burden for a healthy housing market.
</html:p>
<html:p>This bill would revise these data assumptions requirements to, instead, require the council of governments to provide data on the percentage of households that are overcrowded within the region, the percentage of households that are overcrowded throughout the nation, the percentage of households that are cost burdened within the region, and the
percentage of households that are cost burdened throughout the nation.</html:p>
<html:p>Existing law 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 cities, counties, and cities and counties within the region or within the subregion, where applicable, at least 2 years before a scheduled revision. This methodology is also referred to as the allocation methodology. Existing law requires the council of governments, or delegate subregion, as applicable, to publish a draft allocation methodology on its internet website and submit the draft allocation methodology to the department. Existing law requires the department to determine whether the methodology furthers the specified objectives within 60 days. If the department determines that the methodology is not consistent with the objectives, existing law requires the
council of governments, or delegate subregion, as applicable, to either (A) revise the methodology to further the objectives and adopt a final regional, or subregional, housing need allocation methodology or (B) adopt the regional, or subregional, housing need allocation methodology without revisions and include within its resolution of adoption findings, supported by substantial evidence, as to why the council of governments, or delegate subregion, believes that the methodology furthers the objectives, despite the findings of the department.</html:p>
<html:p>This bill, if the department determines that the draft allocation methodology is not consistent with the objectives, would instead require the council of governments, or delegate subregion, to revise the methodology, in consultation with the department, to further the objectives within 45 days, receive department acceptance that the revised methodology furthers the objectives, and adopt a final regional, or subregional, housing
need allocation methodology. The bill would remove the ability for a council of governments or delegate subregion to adopt the regional or subregional housing need allocation methodology without revision, as described above.</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
Existing law, except as provided, generally requires that a public hearing be held on an application for a variance from the requirements of a zoning ordinance, an application for a conditional use permit or equivalent development permit, a proposed revocation or modification of a variance or use permit or equivalent development permit, or an appeal from the action taken on any of those applications. Existing law, until January 1, 2034, prohibits a city or county from conducting more than 5 hearings, as defined, held pursuant to these provisions, or any other law, ordinance, or regulation requiring a public hearing, if a proposed housing development project complies with the applicable objective general plan and zoning
standards in effect at the time an application is deemed complete, as defined. Existing law, until January 1, 2034, requires the city or county to consider and either approve or disapprove the housing development project at any of the 5 hearings consistent with the applicable timelines under the Permit Streamlining Act.
</html:p>
<html:p>This bill would remove the January 1, 2034, repeal date with respect to the requirements that a city or county conduct no more than 5 hearings on a housing development project, and either approve or disapprove that housing development at any of those hearings, as described above, thereby extending these provisions indefinitely.</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
Existing law, until January 1, 2030, for purposes of any state or local law, ordinance, or regulation that requires a city or county to determine whether the site of a proposed housing development project is a
historic site, requires the city or county to make that determination, which remains valid for the pendency of the housing development, at the time the application is deemed complete, except as provided.
</html:p>
<html:p>This bill would remove the January 1, 2030, repeal date for these provisions, thereby extending them indefinitely. </html:p>
<html:p>
(10)
<html:span class="EnSpace"/>
Existing law, the Housing Accountability Act, among other things, prohibits a local agency from disapproving a housing development project that complies with applicable objective general plan, zoning, and subdivision standards and criteria, or from imposing a condition that it be developed at a lower density, unless the local agency bases its decision on written findings supported by the preponderance of the evidence on the record that specified conditions exist, as provided. That act also prohibits a local agency from disapproving, or from
conditioning approval in a manner that renders infeasible, a housing development project for very low, low-, or moderate-income households or an emergency shelter unless the local agency makes written findings, based on the preponderance of the evidence, that one of 6 specified conditions exists.
</html:p>
<html:p>The act authorizes the applicant, a person who would be eligible to apply for residency in the housing development project or emergency shelter, or a housing organization to bring an action to enforce its provisions and authorizes a court to issue an order or judgment directing the local agency to approve the housing development project or emergency shelter under certain circumstances. Those circumstances include, among others and until January 1, 2030, that the local agency
required or attempted to require a housing development project to comply with an ordinance, policy, or standard not adopted and in effect when a preliminary application was submitted, as specified. </html:p>
<html:p>This bill would remove the January 1, 2030, inoperative date for this provision of the act, thereby extending this provision of the Housing Accountability Act indefinitely.</html:p>
<html:p>The act, except as specified, requires that a housing development project be subject only to the ordinances, policies, and standards, as defined, adopted and in effect when a preliminary application, including specified information, required by specified law as described below, was submitted. The act makes this requirement inoperative on January 1, 2034.</html:p>
<html:p>This bill would remove the January 1, 2034, inoperative date for this requirement under the act, thereby extending this provision of the Housing Accountability Act
indefinitely.</html:p>
<html:p>Among other terms, the act defines the term “deemed complete” for its purposes to mean, until January 1, 2030, that the applicant has submitted a preliminary application or a complete application, as specified, and requires that the local agency bear the burden of proof in establishing that the application is not complete. The act also defines the term “determined to be complete” for its purposes to mean, until January 1, 2030, that the applicant has submitted a complete application, as specified. The act also defines the term “objective” to mean, until January 1, 2030, involving no personal or subjective judgment by a public official and being uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official.</html:p>
<html:p>This bill would remove the January 1, 2030, inoperative date for each of these definitions,
thereby extending their application under the Housing Accountability Act indefinitely.</html:p>
<html:p>
(11)
<html:span class="EnSpace"/>
Existing law, the Permit Streamlining Act, requires public agencies to compile one or more lists that specify in detail the information that will be required from any applicant for a development project. The act requires a public agency to determine in writing whether the application is complete and to immediately transmit the determination to the applicant for the development project, not later than 30 calendar days after the public agency received the application for the development project. The act defines “development project” for purposes of its provisions to mean any project undertaken for the purpose of development, including a project involving the issuance of a permit for construction or reconstruction but not a permit to operate, and excludes from this definition any ministerial projects proposed to be carried out or approved by public
agencies.
</html:p>
<html:p>This bill, notwithstanding the exclusion for ministerial projects, would include in the definition of “development project” under the Permit Streamlining Act a housing development project that requires an entitlement from a local agency, regardless of whether the process for permitting that entitlement is discretionary or ministerial. The bill would also exclude from this definition a postentitlement phase permit, as defined by specified law.</html:p>
<html:p>The act requires a city or county to deem an applicant for a housing development project to have submitted a preliminary application upon providing specified information about the proposed project to the city or county from which approval for the project is being sought. Existing law also authorizes a development proponent that submits a preliminary application for a housing development project to request a preliminary fee and exaction estimate, as defined, and requires a
city, county, or city and county to provide the estimate within 30 business days of the submission of the preliminary application. Existing law repeals these provisions as of January 1, 2030.</html:p>
<html:p>This bill would remove the January 1, 2030, repeal date for these provisions, thereby extending the provisions indefinitely.</html:p>
<html:p>No later than 30 calendar days after receiving an application for a development project, the act requires a local agency to determine in writing whether the application is complete and immediately transmit that determination to the applicant. The act, until January 1, 2030, requires a public agency, upon its determination that an application for a development project is incomplete, to provide the applicant with an exhaustive list of items that were not complete, as specified. The act, until January 1, 2030, requires each city and each county to make copies of any list
compiled, as described above, with respect to information required from an applicant for a housing development project, as defined, available in writing to those persons to whom the agency is required to make information available, as provided, and publicly available on the internet website of the city or county.</html:p>
<html:p>This bill would remove the January 1, 2030, repeal date with respect to provision of an exhaustive list of requirements not complete, and availability of lists compiled with respect to housing development projects, thereby extending these provisions indefinitely.</html:p>
<html:p>The act requires public agencies to approve or disapprove of a development project within certain timeframes, as specified. The act, until January 1, 2030, generally requires that a public agency that is the lead agency for certain development projects approve or disapprove the project within 90 days from the date
of certification by the lead agency of an environmental impact report prepared for the project, but reduces this time period to 60 days from the certification of an environmental impact report if the project meets certain additional conditions relating to affordability. The act, until January 1, 2030, defines the term “development project” for this purpose to mean a housing development project, as that term is defined for purposes of the Housing Accountability Act, except as specified. Beginning January 1, 2030, the act extends the above-described timelines from 90 days to 120 days, and from 60 days to 90 days, respectively, and defines the term “development project” to mean a use consisting of residential units only or certain mixed-use developments.</html:p>
<html:p>This bill would remove the January 1, 2030, repeal date for the 90-day and 60-day timelines described above and for the definition of “housing development project,” thereby extending these provisions indefinitely, and
would make a conforming change by repealing the above-described provisions that take effect on January 1, 2030. The bill would also require that a public agency that is the lead agency for a development project approve or disapprove a project within 60 days from the date of receipt of a complete application, if the project is subject to ministerial review by the public agency.</html:p>
<html:p>The act authorizes an applicant for a permit for a development project, if any provision of law requires a lead agency or responsible agency to provide public notice of the development project or to hold a public hearing on the development project and the agency has not done so at least 60 days before the expiration of specified time limits, to file an action to compel the agency to provide the public notice or hold the hearing, as specified. In the event that a lead agency or a responsible agency fails to act to approve or to disapprove a development project within the time limits required by
the act, existing law deems the failure to act as an approval of the permit application for the development project, only if the public notice required by law has occurred, as specified.</html:p>
<html:p>This bill would remove the requirement that the public notice required by law has occurred, in order for the failure to act to be deemed as an approval of the permit application for the development project.</html:p>
<html:p>The act provides that the time limits specified in the act are maximum time limits for approving or disapproving development projects. The act requires, if possible, public agencies to approve or disapprove development projects in shorter periods of time.</html:p>
<html:p>This bill would require that the time limits specified in the act only apply to the extent that the time limits are equal to or shorter
than the applicable time limits for public agency review established in any other law.</html:p>
<html:p>
(12)
<html:span class="EnSpace"/>
Existing law, known as the Housing Crisis Act of 2019, prohibits an affected county or an affected city, as defined and determined by the Department of Housing and Community Development, as specified, from enacting certain development policies, standards, or conditions with respect to land where housing is an allowable use, including policies, standards, or conditions that impose a moratorium or similar restriction or limitation on housing development or that limit the number of land use approvals or permits necessary for the approval and construction of housing that will be issued or allocated. The act also prohibits an affected city or an affected county from approving a housing development project that will require the demolition of one or more residential dwelling units, unless the project will create at least as many residential dwelling units as
will be demolished, or from approving a development project that will require the demolition of occupied or vacant protected units or that is located on a site where protected units were demolished in the previous 5 years, unless specified conditions are met. The act repeals these provisions as of January 1, 2034.
</html:p>
<html:p>This bill would remove the above-described January 1, 2034, repeal date, thereby extending application of the Housing Crisis Act of 2019 indefinitely.</html:p>
<html:p>
(13)
<html:span class="EnSpace"/>
Existing law requires the State Energy Resources Conservation and Development Commission to prescribe, by regulation, building design and construction standards and energy and water conservation design standards for new residential and nonresidential buildings to reduce wasteful, uneconomic, inefficient, and unnecessary consumption of energy and to manage energy loads to help maintain electrical grid reliability. Existing law requires the
commission to periodically review the standards and adopt revisions that it deems necessary.
</html:p>
<html:p>This bill would require the commission, during the triennial update of the building energy efficiency standards, to review measures used to achieve a precise level of energy efficiency within a specific level of comfort, as specified. The bill would require the commission, on or before January 1, 2030, to report and make recommendations to the Legislature on how these measures could be incorporated into the building energy efficiency standards during their next available update.</html:p>
<html:p>
(14)
<html:span class="EnSpace"/>
Existing law, the California Coastal Act of 1976, establishes the California Coastal Commission and prescribes the powers and responsibilities of the commission with regard to the regulation of development along the California coast.
</html:p>
<html:p>This bill would require, no later than July 1, 2027, the
commission to create an electronic submission process and accept submissions from any application pursuant to the California Coastal Act of 1976 through electronic mail or other electronic means.</html:p>
<html:p>The act prescribes procedures for the approval and certification of a local coastal program by the commission, and provides for the delegation of development review authority to a local government, as defined, with a certified local coastal program. Under the act, an action taken by a local government after certification of its local coastal program on a coastal development permit application may be appealed to the commission only on specified grounds and only for certain types of developments, including certain developments located in a sensitive coastal resource area and any development approved by a coastal county that is not designated as the principal permitted use
under the zoning ordinance or zoning district map, as specified.</html:p>
<html:p>This bill would exempt a residential project, as defined, from the above provisions relating to the appeal of developments located in a sensitive coastal resource area and developments approved by a coastal county. The bill would also require the commission to submit an annual report to the Legislature that includes specified information relating to residential projects for the preceding calendar year, as specified.</html:p>
<html:p>
(15)
<html:span class="EnSpace"/>
Existing law, the Personal Income Tax Law, authorizes various credits against the taxes imposed by that law, including a credit for qualified renters in the amount of $120 for spouses filing joint returns, heads of household, and surviving spouses if adjusted gross income is $50,000, as adjusted, or less, and in the amount of $60 for other individuals if adjusted gross income is $25,000, as
adjusted, or less. Existing law requires any bill authorizing a new tax credit to contain, among other things, specific goals, purposes, and objectives that the tax credit will achieve, detailed performance indicators, and data collection requirements.
</html:p>
<html:p>Existing law establishes the continuously appropriated Tax Relief and Refund Account in the General Fund and provides that payments required to be made to taxpayers or other persons from the Personal Income Tax Fund are to be paid from that account, including any amount allowable as an earned income tax credit in excess of any tax liabilities.</html:p>
<html:p>This bill, for taxable years beginning on or after January 1, 2026, and before January 1, 2031, and only when specified in a bill relating to the Budget Act, would increase the credit amount for a qualified renter to $250 and $500, as provided. In the event the increased credit amount is
not specified in a bill relating to the Budget Act, the existing credit amounts of $120 and $60, as described above, respectively, would be the credit amounts for that taxable year. The bill would provide findings and declarations relating to the goals, purposes, and objectives of this credit.</html:p>
<html:p>The bill, for credits allowable for taxable years beginning on or after January 1, 2026, and before January 1, 2030, would provide that the credit amount in excess of the qualified renter’s liability would be refundable and paid from the Tax Relief and Refund Account to the qualified renter upon appropriation by the Legislature. </html:p>
<html:p>
(16)
<html:span class="EnSpace"/>
By imposing additional duties on local officials, this bill would impose 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 specified reasons.</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_3260B1F6-D0C7-469F-8A11-0D6C9477841A">
<ns0:Num>SECTION 1.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:CIV:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'1.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'TITLE'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'714.3.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 714.3 of the
<ns0:DocName>Civil Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_FBA1EEB3-D941-4A79-AE41-B602BE955076">
<ns0:Num>714.3.</ns0:Num>
<ns0:LawSectionVersion id="id_2EE2B3F7-E9F4-4F4E-A9BF-258D99A7576D">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Any covenant, restriction, or condition contained in any deed, contract, security instrument, or other instrument affecting the transfer or sale of any interest in real property that either effectively prohibits or unreasonably restricts the construction or use of an accessory dwelling unit or junior accessory dwelling unit on a lot zoned for single-family residential use that meets the requirements of Article 2 (commencing with Section 66314) of Chapter 13 or Article 3 (commencing with Section 66333) of Chapter 13 of Division 1 of Title 7 of the Government Code is void and unenforceable.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
This section does not apply to provisions that impose reasonable restrictions on accessory dwelling units or junior accessory dwelling units. For purposes of this subdivision, “reasonable restrictions” means restrictions that do not unreasonably increase the cost to construct, effectively prohibit the construction of, or extinguish the ability to otherwise construct, an accessory dwelling unit or junior accessory dwelling unit consistent with the provisions of Article 2 (commencing with Section 66314) or Article 3 (commencing with Section 66333) of Chapter 13 of Division 1 of Title 7 of the Government Code. “Reasonable restrictions” shall not include any fees or other financial requirements.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_C75695A1-39E5-4CEB-A5E9-5E7625658C17">
<ns0:Num>SEC. 2.</ns0:Num>
<ns0:ActionLine action="IS_ADDED" ns3:href="urn:caml:codes:CIV:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2F%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'1950.3'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 1950.3 is added to the
<ns0:DocName>Civil Code</ns0:DocName>
, to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_C7AD0ADB-0188-4775-BA3C-9E34930BECE3">
<ns0:Num>1950.3.</ns0:Num>
<ns0:LawSectionVersion id="id_059BB313-F7CE-4E44-9788-AABDE109BB90">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
A landlord or their agent shall not charge a tenant for any fees beyond the amount for rent, including, but not limited to:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
A processing fee, including a convenience fee or a check cashing fee, for the payment of rent or any other fees or deposits.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A fee for a tenant to own a household pet.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Notwithstanding subdivision (a), the landlord or their agent may charge a tenant a fee beyond the amount for rent, if the fee is specifically listed in the rental agreement.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Any fees that a landlord or their agent may charge a tenant pursuant to paragraph (1) that are in addition to the monthly rental amount shall not, in total, exceed more than 5 percent of the monthly rental amount.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
This paragraph shall not apply to any fee that is imposed by a governmental entity or a utility.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
For any fee that is imposed by a governmental entity or a utility, the landlord shall pass the fee onto the tenant without imposing a surcharge or an additional amount beyond the fee imposed by the governmental entity or utility.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The landlord or their agent shall retain a record of the fee imposed by the governmental entity or utility which may be reviewed by the tenant.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
For purposes of this section, “rent” means the monthly rate charged to a tenant for the occupancy of a
rental housing unit.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
If a landlord or their agent charges and collects a fee from a tenant that is not authorized by law, the landlord or their agent is liable to the tenant in a civil action for the cost of the fee, plus 5 percent interest compounded daily from the date the fee was collected.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_6F22370B-5507-420B-A2A5-9FDCC3963860">
<ns0:Num>SEC. 3.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:CIV:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'3.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'4.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'TITLE'%20and%20caml%3ANum%3D'5.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'1950.6.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 1950.6 of the
<ns0:DocName>Civil Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_43EED8C0-FF2C-4BD2-A6DE-520371217510">
<ns0:Num>1950.6.</ns0:Num>
<ns0:LawSectionVersion id="id_2F990C56-7CB9-40B2-8090-69D5D32AB6E5">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Notwithstanding Section 1950.5, when a landlord or their agent receives a request to rent a residential property from an applicant, the landlord or their agent may charge, pursuant to subdivision (c), that applicant an application screening fee to cover the actual costs of the screening. The screening may include, but is not limited to,
tenant screening reports produced by tenant screening services and consumer credit reports produced by consumer credit reporting agencies as defined in Section 1785.3. A landlord or their agent may, but is not required to, accept and rely upon a consumer credit report presented by an applicant.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The amount of the application screening fee shall not be greater than the actual out-of-pocket costs of
conducting the screening, including, but not limited to, the cost of using a tenant screening service or a consumer credit reporting service. In no case shall the amount of the application screening fee charged by the landlord or their agent be greater than thirty dollars ($30) per applicant. The thirty-dollar ($30) application screening fee may be adjusted annually by the landlord or their agent commensurate with an increase in the Consumer Price Index, beginning on January 1, 1998.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
A landlord or their agent shall not charge an applicant an application screening fee when they know or should have known that
no rental unit is available at that time or will be available within a reasonable period of time.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A landlord or their agent may charge an applicant an application screening fee only if the landlord or their agent, at the time the application screening fee is collected, offers any of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
An application screening process that complies with all of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Completed applications are considered, as provided for in the landlord’s established screening criteria, in the order in which the completed applications were received. The landlord’s screening criteria shall be provided to the applicant in writing together with the application form.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The first applicant who meets the landlord’s established screening criteria is approved for tenancy.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
Applicants are not charged an application screening fee unless or until their application is actually considered.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
Clause (iii) shall not be considered violated if a landlord or their agent inadvertently collects an application screening fee from an applicant as the result of multiple concurrent application submissions, provided that the landlord or their agent issues a refund of the application screening fee within 7 days to any applicant whose application is not considered. The landlord may offer, as an alternative to refunding the screening fee, the option, at the applicant’s discretion, for the screening fee paid by the applicant to be applied to an
application for another rental unit offered by the landlord. A landlord or their agent shall not be required to refund an application screening fee to an applicant whose application is denied, after consideration, because the applicant does not meet the landlord’s established screening criteria.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
An application screening process in which the landlord or their agent returns the entire screening fee to any applicant who is not selected for tenancy, regardless of the reason, within 7 days of selecting an applicant for tenancy or 30 days of when the application was submitted, whichever occurs first.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
The landlord or their agent shall provide, personally, or by mail, the applicant with a receipt for the fee paid by the applicant, which receipt shall itemize the out-of-pocket
expenses. The landlord or their agent and the applicant may agree to have the landlord provide a copy of the receipt for the fee paid by the applicant to an email account provided by the applicant.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
If the landlord or their agent
does not obtain a tenant screening report or a consumer credit report, the landlord or their agent shall return any amount of the screening fee that is not used for the purposes authorized by this section to the applicant.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
If an application screening fee has been paid by the applicant, the landlord or their agent shall provide a copy of the consumer credit report to the applicant who is the subject of that report by personal delivery, mail, or email within 7 days of the landlord or their agent receiving the report.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
Nothing in this section prevents a landlord from accepting a reusable screening report pursuant to Section 1950.1.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
As used in this section, “landlord” means an owner of
residential rental property.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
As used in this section, “application screening fee” means any nonrefundable payment of money charged by a landlord or their agent to an applicant, the purpose of which is to purchase a tenant screening report or a consumer credit report.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
As used in this section, “applicant” means any entity or individual who makes a request to a landlord or their agent to rent a residential housing unit, or an entity or individual who agrees to
act as a guarantor or cosigner on a rental agreement.
</html:p>
<html:p>
(k)
<html:span class="EnSpace"/>
The application screening fee shall not be considered an “advance fee” as that term is used in Section 10026 of the Business and Professions Code, and shall not be considered “security” as that term is used in Section 1950.5.
</html:p>
<html:p>
(l)
<html:span class="EnSpace"/>
This section is not intended to preempt any provisions or regulations that govern the collection of deposits and fees under federal or state housing assistance programs.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_02CFAFED-4667-442D-B758-C11A51E7E3A8">
<ns0:Num>SEC. 4.</ns0:Num>
<ns0:ActionLine action="IS_ADDED" ns3:href="urn:caml:codes:CIV:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2F%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'2924.13'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 2924.13 is added to the
<ns0:DocName>Civil Code</ns0:DocName>
, to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_5CDBF357-5889-4C56-8897-D1BD094AAB7B">
<ns0:Num>2924.13.</ns0:Num>
<ns0:LawSectionVersion id="id_FE2F8908-8ACB-42C2-A0C1-7A384C743DF3">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
As used in this section:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
“Borrower” has the same meaning as defined in Section 2929.5.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
“Mortgage servicer” includes the current mortgage servicer and any prior mortgage servicers.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The following conduct constitutes an unlawful practice in connection with subordinate mortgage:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The mortgage servicer did not
provide the borrower with any written communication regarding the loan secured by the mortgage for at least three years.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The mortgage servicer failed to provide a transfer of loan servicing notice to the borrower when required to provide that notice by law, including, but not limited to, the federal Real Estate Settlement Procedures Act, as amended (12 U.S.C. Sec. 2601 et seq.).
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The mortgage servicer failed to provide a transfer of loan ownership notice to the borrower when required to provide that notice by law, including, but not limited to, the federal Truth in Lending Act, as amended (15 U.S.C. 1601, et seq.).
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The mortgage servicer provided a form to the borrower indicating that the debt had been
written off or discharged, including, but not limited to, an Internal Revenue Service Form 1099.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
The mortgage servicer failed to provide a periodic account statement to the borrower when required to provide that statement by law, including,
but not limited to, the federal Truth in Lending Act, as amended (15 U.S.C. 1601, et seq.).
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
A mortgage servicer shall not conduct or threaten to conduct a nonjudicial foreclosure
until the mortgage servicer does both of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Records or causes to be recorded, in the office of the county recorder of the county that the encumbered property is located, a certification under penalty of perjury that either:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The mortgage servicer did not engage in an unlawful practice as described in subdivision (b).
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The mortgage servicer lists all instances when it committed an unlawful practice as described in subdivision (b).
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Sends both of the following documents to the borrower by United States certified mail with return receipt requested to the last known mailing address of the borrower:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
A notice providing that if the borrower believes the mortgage servicer engaged in an unlawful practice described in subdivision (b) or misrepresented its compliance history, the borrower may petition the court for relief before the foreclosure sale.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
A copy of the certification recorded pursuant to paragraph (1).
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
If the borrower petitions the court for relief before the foreclosure sale, the court shall enjoin a proposed foreclosure sale pursuant to a power of sale in a mortgage or deed of trust until a final determination on the petition has been made.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
It shall be an affirmative defense in a judicial foreclosure proceeding if the court finds
the mortgage servicer engaged in any of the unlawful practices specified in subdivision (b).
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
The court may provide equitable remedies that the court deems appropriate, depending on the extent and severity of the servicer’s violations. The equitable remedies may include, but are not limited to, striking all or a portion of the arrears claim, barring foreclosure, or permitting foreclosure subject to future compliance and corrected arrearage claim.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
A borrower may also petition the court to set a nonjudicial foreclosure sale aside when a mortgage servicer’s recorded certification of compliance was false or incomplete.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_29523576-5103-4BEB-9314-EF0B32100497">
<ns0:Num>SEC. 5.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:CIV:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'4.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'5.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'10.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'1.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'5850.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 5850 of the
<ns0:DocName>Civil Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_F58989A0-3164-4ECC-962A-2D7715C9F185">
<ns0:Num>5850.</ns0:Num>
<ns0:LawSectionVersion id="id_BCCD0EC8-6B83-4136-8BE4-2040CB322840">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
If an association adopts or has adopted a policy imposing any monetary penalty, including any fee, on any association member for a violation of the governing documents, including any monetary penalty relating to the activities of a guest or tenant of the member, the board shall adopt and distribute to each member, in the annual policy statement prepared pursuant to Section 5310, a schedule of the monetary penalties that may be assessed for those violations, which shall be in accordance with authorization for member discipline contained in the governing documents.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Any new or revised monetary penalty that is adopted after complying with subdivision (a) may be included in a
supplement that is delivered to the members individually, pursuant to Section
4040.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
A monetary penalty for a violation of the governing documents shall not exceed the lesser of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The monetary penalty stated in the schedule of monetary penalties or supplement that is in effect at the time of the violation.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
One hundred dollars ($100) per violation.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
An association shall provide a copy of the most recently distributed schedule of monetary penalties, along with any applicable supplements to that schedule, to any member upon request.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_0854EBF5-8F41-46D7-8FAC-2F2AD1B4F888">
<ns0:Num>SEC. 6.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:CIV:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'4.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'5.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'10.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'1.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'5855.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 5855 of the
<ns0:DocName>Civil Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_59A6C9C0-0976-4A32-B431-9978FB1A5A23">
<ns0:Num>5855.</ns0:Num>
<ns0:LawSectionVersion id="id_9BB1DEB6-C627-49B8-9C87-E538BC2F2DCD">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
When the board is to meet to consider or impose discipline upon a member, or to impose a monetary charge as a means of reimbursing the association for costs incurred by the association in the repair of damage to the common area and facilities caused by a member or the member’s guest or tenant, the board shall notify the member in writing, by either personal delivery or individual delivery pursuant to Section 4040, at least 10 days prior to the meeting.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The notification shall contain, at a minimum, the date, time, and place of the meeting, the nature of the alleged violation for which a member may be disciplined or the nature of the damage to the common area and facilities
for which a monetary charge may be imposed, and a statement that the member has a right to attend and may address the board at the meeting. The board shall meet in executive session if requested by the member.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
A member shall have the opportunity to cure the violation prior to the meeting. The board shall not impose discipline in either of the following circumstances:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The member cures the violation prior to the meeting.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
If curing the violation would take longer than the time between the notice provided pursuant to subdivision (a) and the meeting, the member provides financial commitment to cure the violation.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
If the board imposes discipline on a
member or imposes a monetary charge on the member for damage to the common area and facilities, the board shall provide the member with a written notification of the decision, by either personal delivery or individual delivery pursuant to Section 4040, within 14 days following the action.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
A disciplinary action or the imposition of a monetary charge for damage to the common area shall not be effective against a member unless the board fulfills the requirements of this section.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_7FCAF750-D6A3-4B26-909C-8605DA26E315">
<ns0:Num>SEC. 7.</ns0:Num>
<ns0:ActionLine action="IS_ADDED" ns3:href="urn:caml:codes:GOV:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2F%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'8590.15.5'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 8590.15.5 is added to the
<ns0:DocName>Government Code</ns0:DocName>
, to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_685D1A03-6FE6-44F1-B802-370D443B2C1C">
<ns0:Num>8590.15.5.</ns0:Num>
<ns0:LawSectionVersion id="id_9F7ED450-8C5C-40D9-BB4B-BDE9CBCD3437">
<ns0:Content>
<html:p>Upon appropriation by the Legislature, pursuant to this article, CRMP shall fund the seismic retrofitting of affordable multifamily housing.</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
Funding provided under this section shall be limited to affordable multifamily housing and consistent with this article.
</html:p>
<html:p>
(b)
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CRMP shall prioritize affordable multifamily housing serving lower income households.
</html:p>
<html:p>
(c)
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For purposes of this section, the following definitions apply:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
“Lower income households” has the same meaning as the term is defined in
Section 50079.5 of the Health and Safety Code, except that up to 20 percent of the units in the development, including total units and density bonus units, may be for moderate-income households.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
“Moderate-income households” has the same meaning as the term is defined in Section 50053 of the Health and Safety Code.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_D5BE13A6-DDDA-4799-84D5-74FB5C675B1C">
<ns0:Num>SEC. 8.</ns0:Num>
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Section 54221 of the
<ns0:DocName>Government Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_30DFCBD2-EEB8-4D7C-8D68-36D4FABC9F57">
<ns0:Num>54221.</ns0:Num>
<ns0:LawSectionVersion id="id_A46B7627-EB4C-4801-B690-F62042882FD8">
<ns0:Content>
<html:p>As used in this article, the following definitions shall apply:</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
“Local agency” means every city, whether organized under general law or by charter, county, city and county, district, including school, sewer, water, utility, and local and regional park districts of any kind or class, joint powers authority, successor agency to a former redevelopment agency, housing authority, or other political subdivision of this state and any instrumentality thereof that is empowered to acquire and hold real property.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The Legislature finds and declares that the term “district” as used in this article includes all districts within
the state, including, but not limited to, all special districts, sewer, water, utility, and local and regional park districts, and any other political subdivision of this state that is a district, and therefore the changes in paragraph (1) made by the act adding this paragraph that specify that the provisions of this article apply to all districts, including school, sewer, water, utility, and local and regional park districts of any kind or class, are declaratory of, and not a change in, existing law.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
“Surplus land” means land owned in fee simple by any local agency for which the local agency’s governing body takes formal action in a regular public meeting declaring that the land is surplus and is not necessary for the agency’s use. Land shall be declared either “surplus land” or “exempt surplus land,” as supported
by written findings, before a local agency may take any action to dispose of it consistent with an agency’s policies or procedures. A local agency, on an annual basis, may declare multiple parcels as “surplus land” or “exempt surplus land.”
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
“Surplus land” includes land held in the Community Redevelopment Property Trust Fund pursuant to Section 34191.4 of the Health and Safety Code and land that has been designated in the long-range property management plan approved by the Department of Finance pursuant to Section 34191.5 of the Health and Safety Code, either for sale or for future development, but does not include any specific disposal of land to an identified entity described in the plan.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Nothing in this article prevents a local agency from obtaining fair market value
for the disposition of surplus land consistent with Section 54226.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Notwithstanding paragraph (1), a local agency is not required to make a declaration at a public meeting for land that is “exempt surplus land” pursuant to subparagraph (A), (B), (E), (K), (L), or (Q) of paragraph (1) of subdivision (f) if the local agency identifies the land in a notice that is published and available for public comment, including notice to the entities identified in subdivision (a) of Section 54222, at least 30 days before the exemption takes effect.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Except as provided in paragraph (2), “agency’s use” shall include, but not be limited to, land that is being used, or is planned to be used pursuant to a written plan adopted by the local agency’s governing board, for
agency work or operations, including, but not limited to, utility sites, property owned by a port that is used to support logistics uses, watershed property, land being used for conservation purposes, land for demonstration, exhibition, or educational purposes related to greenhouse gas emissions, sites for broadband equipment or wireless facilities, and buffer sites near sensitive governmental uses, including, but not limited to, waste disposal sites, and wastewater treatment plants. “Agency’s use” by a local agency that is a district shall also include land disposed for uses described in subparagraph (B) of paragraph (2).
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
“Agency’s use” shall not include commercial or industrial uses or activities, including nongovernmental retail, entertainment, or office development. Property disposed of for the sole
purpose of investment or generation of revenue shall not be considered necessary for the agency’s use.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
In the case of a local agency that is a district, excepting those whose primary mission or purpose is to supply the public with a transportation system, “agency’s use” may include commercial or industrial uses or activities, including nongovernmental retail, entertainment, or office development or be for the sole purpose of investment or generation of revenue if the agency’s governing body takes action in a public meeting declaring that the use of the site will do one of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Directly further the express purpose of agency work or operations.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Be expressly authorized by a statute governing the local
agency, provided the district complies with Section 54233.5 if applicable.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
“Dispose” means either of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The sale of the surplus land.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The entering of a lease for surplus land, which is for a term longer than 15 years, inclusive of any extension or renewal options included in the terms of the initial lease, entered into on or after
January 1, 2024.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
“Dispose” shall not mean either of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The entering of a lease for surplus land, which is for a term of 15 years or less, inclusive of any extension or renewal options included in the terms of the initial lease.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The entering of a lease for surplus land on which no development or demolition will occur, regardless of the term of the lease.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
“Open-space purposes” means the use of land for public recreation, enjoyment of scenic beauty, or conservation or use of natural resources.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Except as provided in paragraph (2),
“exempt surplus land” means any of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Surplus land that is transferred pursuant to Section 25539.4 or 37364.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Surplus land that is less than one-half acre in area and is not contiguous to land owned by a state or local agency that is used for open-space or low- and moderate-income housing purposes.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Surplus land that a local agency is exchanging for another property necessary for the agency’s use. “Property” may include easements necessary for the agency’s use.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Surplus land that a local agency is transferring to another local, state, or federal agency, or to a third-party intermediary for future dedication for the receiving
agency’s use, or to a federally recognized California Indian tribe. If the surplus land is transferred to a third-party intermediary, the receiving agency’s use must be contained in a legally binding agreement at the time of transfer to the third-party intermediary.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
Surplus land that is a former street, right-of-way, or easement, and is conveyed to an owner of an adjacent property.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
Surplus land that is to be developed for a housing development, which may have ancillary commercial ground floor uses, that restricts 100 percent of the residential units to persons and families of low or moderate income, with at least 75 percent of the residential units restricted to lower income households, as defined in Section 50079.5 of the Health and Safety Code, with an
affordable sales price or an affordable rent, as defined in Section 50052.5 or 50053 of the Health and Safety Code, for 55 years for rental housing, 45 years for ownership housing, and 50 years for rental or ownership housing located on tribal trust lands, unless a local ordinance or a federal, state, or local grant, tax credit, or other project financing requires a longer period of affordability, and in no event shall the maximum affordable sales price or rent level be higher than 20 percent below the median market rents or sales prices for the neighborhood in which the site is located.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The requirements of clause (i) shall be contained in a covenant or restriction recorded against the surplus land at the time of sale that shall run with the land and be enforceable against any owner who violates the covenant or restriction and each successor in
interest who continues the violation.
</html:p>
<html:p>
(G)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
Surplus land that is subject to a local agency’s open, competitive solicitation or that is put to open, competitive bid by a local agency, provided that all entities identified in subdivision (a) of Section 54222 will be invited to participate in the process, for a housing or a mixed-use development that is more than one acre and less than 10 acres in area, consisting of either a single parcel, or two or more adjacent or non-adjacent parcels combined, that includes not less than 300 residential units, and that restricts at least 25 percent of the residential units to lower income households, as defined in Section 50079.5 of the Health and Safety Code, with an affordable sales price or an affordable rent, as defined in Sections 50052.5 and 50053 of the Health and Safety Code,
for 55 years for rental housing, 45 years for ownership housing, and 50 years for rental or ownership housing located on tribal trust lands, unless a local ordinance or a federal, state, or local grant, tax credit, or other project financing requires a longer period of affordability.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The requirements of clause (i) shall be contained in a covenant or restriction recorded against the surplus land at the time of sale that shall run with the land and be enforceable against any owner who violates the covenant or restriction and each successor in interest who continues the violation.
</html:p>
<html:p>
(H)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
Surplus land totaling 10 or more acres, consisting of either a single parcel, or two or more adjacent or non-adjacent parcels combined for disposition to one or more buyers
pursuant to a plan or ordinance adopted by the legislative body of the local agency, or a state statute. That surplus land shall be subject to a local agency’s open, competitive solicitation process or put out to open, competitive bid by a local agency, provided that all entities identified in subdivision (a) of Section 54222 will be invited to participate in the process for a housing or mixed-use development.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The aggregate development shall include the greater of the
following:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
Not less than 300 residential units.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
A number of residential units equal to 10 times the number of acres of the surplus land or 10,000 residential units, whichever is less.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
At least 25 percent of the residential units shall be restricted to lower income households, as defined in Section 50079.5 of the Health and Safety Code, with an affordable sales price or an affordable rent pursuant to Sections 50052.5 and 50053 of the Health and Safety Code, for a minimum of 55 years for rental housing, 45 years for ownership housing, and 50 years for rental or ownership housing located on tribal trust lands, unless a local ordinance or a federal, state, or local grant, tax credit, or other project
financing requires a longer period of affordability.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
If nonresidential development is included in the development pursuant to this subparagraph, at least 25 percent of the total planned units affordable to lower income households shall be made available for lease or sale and permitted for use and occupancy before or at the same time with every 25 percent of nonresidential development made available for lease or sale and permitted for use and occupancy.
</html:p>
<html:p>
(v)
<html:span class="EnSpace"/>
A violation of this subparagraph is subject to the penalties described in Section 54230.5. Those penalties are in addition to any remedy a court may order for violation of this subparagraph. A local agency shall only dispose of land pursuant to this subparagraph through a disposition and development agreement that
includes an indemnification clause that provides that if an action occurs after disposition violates this subparagraph, the person or entity that acquired the property shall be liable for the penalties.
</html:p>
<html:p>
(vi)
<html:span class="EnSpace"/>
The requirements of clauses (i) to (v), inclusive, shall be contained in a covenant or restriction recorded against the surplus land at the time of sale that shall run with the land and be enforceable against any owner who violates the covenant or restriction and each successor in interest who continues the violation.
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
A mixed-use development, which may include more than one publicly owned parcel, that meets all of the following conditions:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The development restricts at least 25 percent of the residential units
to lower income households, as defined in Section 50079.5 of the Health and Safety Code, with an affordable sales price or an affordable rent, as defined in Sections 50052.5 and 50053 of the Health and Safety Code, for 55 years for rental housing, 45 years for ownership housing, and 50 years for rental or ownership housing located on tribal trust lands, unless a local ordinance or a federal, state, or local grant, tax credit, or other project financing requires a longer period of affordability.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
At least 50 percent of the square footage of the new construction associated with the development is designated for residential use.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
The development is not located in an urbanized area, as defined in Section 21094.5 of the Public Resources Code.
</html:p>
<html:p>
(J)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
Surplus land that is subject to a valid legal restriction that is not imposed by the local agency and that makes housing prohibited, unless there is a feasible method to satisfactorily mitigate or avoid the prohibition on the site. A declaration of exemption pursuant to this subparagraph shall be supported by documentary evidence establishing the valid legal restriction. For the purposes of this section, “documentary evidence” includes, but is not limited to, a contract, agreement, deed restriction, statute, regulation, or other writing that documents the valid legal restriction.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Valid legal restrictions include, but are not limited to, all of the following:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
Existing
constraints under ownership rights or contractual rights or obligations that prevent the use of the property for housing, if the rights or obligations were agreed to prior to September 30, 2019.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
Conservation or other easements or encumbrances that prevent housing development.
</html:p>
<html:p>
(III)
<html:span class="EnSpace"/>
Existing leases, or other contractual obligations or restrictions, if the terms were agreed to prior to September 30, 2019.
</html:p>
<html:p>
(IV)
<html:span class="EnSpace"/>
Restrictions imposed by the source of funding that a local agency used to purchase a property, provided that both of the following requirements are met:
</html:p>
<html:p>
(ia)
<html:span class="EnSpace"/>
The restrictions limit the use of those funds to purposes other than housing.
</html:p>
<html:p>
(ib)
<html:span class="EnSpace"/>
The proposed disposal of surplus land meets a use consistent with that purpose.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
Valid legal restrictions that would make housing prohibited do not include either of the following:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
An existing nonresidential land use designation on the surplus land.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
Covenants, restrictions, or other conditions on the property rendered void and unenforceable by any other law, including, but
not limited to, Section 714.6 of the Civil Code.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
Feasible methods to mitigate or avoid a valid legal restriction on the site do not include a requirement that the local agency acquire additional property rights or property interests belonging to third parties.
</html:p>
<html:p>
(K)
<html:span class="EnSpace"/>
Surplus land that was granted by the state in trust to a local agency or that was acquired by the local agency for trust purposes by purchase or exchange, and for which disposal of the land is authorized or required subject to conditions established by statute.
</html:p>
<html:p>
(L)
<html:span class="EnSpace"/>
Land that is subject to either of the following, unless compliance with this article is expressly required:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Section
17515, 81192, 81397, 81399, 81420, or 81422 of the Education Code.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Part 14 (commencing with Section 53570) of Division 31 of the Health and Safety Code.
</html:p>
<html:p>
(M)
<html:span class="EnSpace"/>
Surplus land that is a former military base that was conveyed by the federal government to a local agency, and is subject to Article 8 (commencing with Section 33492.125) of Chapter 4.5 of Part 1 of Division 24 of the Health and Safety Code, provided that all of the following conditions are met:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The former military base has an aggregate area greater than five acres, is expected to include a mix of residential and nonresidential uses, and is expected to include no fewer than 1,400 residential units upon completion of development or redevelopment of the
former military base.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The affordability requirements for residential units shall be governed by a settlement agreement entered into prior to September 1, 2020. Furthermore, at least 25 percent of the initial 1,400 residential units developed shall be restricted to lower income households, as defined in Section 50079.5 of the Health and Safety Code, with an affordable sales price or an affordable rent, as defined in Sections 50052.5 and 50053 of the Health and Safety Code, for 55 years for rental housing, 45 years for ownership housing, and 50 years for rental or ownership housing located on tribal trust lands, unless a local ordinance or a federal, state, or local grant, tax credit, or other project financing requires a longer period of affordability.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
Before
disposition of the surplus land, the agency adopts written findings that the land is exempt surplus land pursuant to this subparagraph.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
Before disposition of the surplus land, the recipient has negotiated a project labor agreement consistent with the local agency’s project stabilization agreement resolution, as adopted on February 2, 2021, and any succeeding ordinance, resolution, or policy, regardless of the length of the agreement between the local agency and the recipient.
</html:p>
<html:p>
(v)
<html:span class="EnSpace"/>
The agency includes in the annual report required by paragraph (2) of subdivision (a) of Section 65400 the status of development of residential units on the former military base, including the total number of residential units that have been permitted and what percentage of those residential units
are restricted for persons and families of low or moderate income, or lower income households, as defined in Section 50079.5 of the Health and Safety Code.
</html:p>
<html:p>A violation of this subparagraph is subject to the penalties described in Section 54230.5. Those penalties are in addition to any remedy a court may order for violation of this subparagraph or the settlement agreement.</html:p>
<html:p>
(N)
<html:span class="EnSpace"/>
Real property that is used by a district for an agency’s use expressly authorized in subdivision (c).
</html:p>
<html:p>
(O)
<html:span class="EnSpace"/>
Land that has been transferred before June 30, 2019, by the state to a local agency pursuant to Section 32667 of the Streets and Highways Code and has a minimum planned residential density of at least 100 dwelling units per acre, and includes 100 or more residential
units that are restricted to persons and families of low or moderate income, with an affordable sales price or an affordable rent, as defined in Sections 50052.5 and 50053 of the Health and Safety Code, for 55 years for rental housing, 45 years for ownership housing, and 50 years for rental or ownership housing located on tribal trust lands, unless a local ordinance or a federal, state, or local grant, tax credit, or other project financing requires a longer period of affordability. For purposes of this subparagraph, not more than 20 percent of the affordable units may be restricted to persons and families of moderate income and at least 80 percent of the affordable units must be restricted to lower income households as defined in Section 50079.5 of the Health and Safety Code.
</html:p>
<html:p>
(P)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
Land that meets the following
conditions:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
Land that is subject to a sectional planning area document that meets both of the following:
</html:p>
<html:p>
(ia)
<html:span class="EnSpace"/>
The sectional planning area was adopted prior to January 1, 2019.
</html:p>
<html:p>
(ib)
<html:span class="EnSpace"/>
The sectional planning area document is consistent with county and city general plans applicable to the land.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
The land identified in the adopted sectional planning area document was dedicated prior to January 1, 2019.
</html:p>
<html:p>
(III)
<html:span class="EnSpace"/>
On January 1, 2019, the parcels on the land met at least one of the following conditions:
</html:p>
<html:p>
(ia)
<html:span class="EnSpace"/>
The land was subject to an
irrevocable offer of dedication of fee interest requiring the land to be used for a specified purpose.
</html:p>
<html:p>
(ib)
<html:span class="EnSpace"/>
The land was acquired through a land exchange subject to a land offer agreement that grants the land’s original owner the right to repurchase the land acquired by the local agency pursuant to the agreement if the land will not be developed in a manner consistent with the agreement.
</html:p>
<html:p>
(ic)
<html:span class="EnSpace"/>
The land was subject to a grant deed specifying that the
property shall be used for educational uses and limiting other types of uses allowed on the property.
</html:p>
<html:p>
(IV)
<html:span class="EnSpace"/>
At least 25 percent of the units are dedicated to lower income households, as defined in Section 50079.5 of the Health and Safety Code, at an affordable rent, as defined by Section 50053 of the Health and Safety Code, or an affordable housing cost, as defined by Section 50052.5 of the Health and Safety Code, and subject to a recorded deed restriction for a period of 55 years for rental units and 45 years for owner-occupied units, unless a local ordinance or a federal, state, or local grant, tax credit, or other project financing requires a longer period of affordability.
</html:p>
<html:p>
(V)
<html:span class="EnSpace"/>
The land is developed at an average density of at least 10 units per acre, calculated with
respect to the entire sectional planning area.
</html:p>
<html:p>
(VI)
<html:span class="EnSpace"/>
No more than 25 percent of the nonresidential square footage identified in the sectional planning area document receives its first certificate of occupancy before at least 25 percent of the residential square footage identified in the sectional planning area document has received its first certificate of occupancy.
</html:p>
<html:p>
(VII)
<html:span class="EnSpace"/>
No more than 50 percent of the nonresidential square footage identified in the sectional planning area document receives its first certificate of occupancy before at least 50 percent of the residential square footage identified in the sectional planning area document has received its first certificate of occupancy.
</html:p>
<html:p>
(VIII)
<html:span class="EnSpace"/>
No more than 75 percent of the
nonresidential square footage identified in the sectional planning area document shall receive its first certificate of occupancy before at least 75 percent of the residential square footage identified in the sectional planning area document has received its first certificate of occupancy.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The local agency includes in the annual report required by paragraph (2) of subdivision (a) of Section 65400 the status of development, including the total square footage of the residential and nonresidential development, the number of residential units that have been permitted, and what percentage of those residential units are restricted for persons and families of low or moderate income, or lower income households, as defined in Section 50079.5 of the Health and Safety Code.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
The Department of Housing and Community Development may request additional information from the agency regarding land disposed of pursuant to this subparagraph.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
At least 30 days prior to disposing of land declared “exempt surplus land,” a local agency shall provide the Department of Housing and Community Development a written notification of its declaration and findings in a form prescribed by the Department of Housing and Community Development. Within 30 days of receipt of the written notification and findings, the department shall notify the local agency if the department has determined that the local agency is in violation of this article. A local agency that fails to submit the written notification and findings shall be liable for a civil penalty pursuant to this subparagraph. A local agency shall not be liable for the civil
penalty if the Department of Housing and Community Development does not notify the agency that the agency is in violation of this article within 30 days of receiving the written notification and findings. Once the department determines that the declarations and findings comply with subclauses (I) to (IV), inclusive, of clause (i), the local agency may proceed with disposal of land pursuant to this subparagraph. This clause is declaratory of, and not a change in, existing law.
</html:p>
<html:p>
(v)
<html:span class="EnSpace"/>
If the local agency disposes of land in violation of this subparagraph, the local agency shall be liable for a civil penalty calculated as follows:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
For a first violation, 30 percent of the greater of the final sale price or the fair market value of the land at the time of disposition.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
For a second or subsequent violation, 50 percent of the greater of the final sale price or the fair market value of the land at the time of disposition.
</html:p>
<html:p>
(III)
<html:span class="EnSpace"/>
For purposes of this subparagraph, fair market value shall be determined by an independent appraisal of the land.
</html:p>
<html:p>
(IV)
<html:span class="EnSpace"/>
An action to enforce this subparagraph may be brought by any of the following:
</html:p>
<html:p>
(ia)
<html:span class="EnSpace"/>
An entity identified in subdivisions (a) to (e), inclusive, of Section 54222.
</html:p>
<html:p>
(ib)
<html:span class="EnSpace"/>
A person who would have been eligible to apply for residency in affordable housing had the agency not violated this section.
</html:p>
<html:p>
(ic)
<html:span class="EnSpace"/>
A housing organization, as that term is defined in Section 65589.5.
</html:p>
<html:p>
(id)
<html:span class="EnSpace"/>
A beneficially interested person or entity.
</html:p>
<html:p>
(ie)
<html:span class="EnSpace"/>
The Department of Housing and Community Development.
</html:p>
<html:p>
(V)
<html:span class="EnSpace"/>
A penalty assessed pursuant to this subparagraph shall, except as otherwise provided, be deposited into a local housing trust fund. The local agency may elect to instead deposit the penalty moneys into the Building Homes and Jobs Trust Fund or the Housing Rehabilitation Loan Fund. Penalties shall not be paid out of funds already dedicated to affordable housing, including, but not limited to, Low and Moderate Income Housing Asset Funds, funds dedicated to housing for very low, low-,
and moderate-income households, and federal HOME Investment Partnerships Program and Community Development Block Grant Program funds. The local agency shall commit and expend the penalty moneys deposited into the local housing trust fund within five years of deposit for the sole purpose of financing newly constructed housing units that are affordable to extremely low, very low, or low-income households.
</html:p>
<html:p>
(VI)
<html:span class="EnSpace"/>
Five years after deposit of the penalty moneys into the local housing trust fund, if the funds have not been expended, the funds shall revert to the state and be deposited in the Building Homes and Jobs Trust Fund or the Housing Rehabilitation Loan Fund for the sole purpose of financing newly constructed housing units located in the same jurisdiction as the surplus land and that are affordable to extremely low, very low, or
low-income households. Expenditure of any penalty moneys deposited into the Building Homes and Jobs Trust Fund or the Housing Rehabilitation Loan Fund pursuant to this subdivision shall be subject to appropriation by the Legislature.
</html:p>
<html:p>
(vi)
<html:span class="EnSpace"/>
For purposes of this subparagraph, the following definitions apply:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
“Sectional planning area” means an area composed of identifiable planning units, within which common services and facilities, a strong internal unity, and an integrated pattern of land use, circulation, and townscape planning are readily achievable.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
“Sectional planning area document” means a document or plan that sets forth, at minimum, a site utilization plan of the sectional planning area and
development standards for each land use area and designation.
</html:p>
<html:p>
(vii)
<html:span class="EnSpace"/>
This subparagraph shall become inoperative on January 1, 2034.
</html:p>
<html:p>
(Q)
<html:span class="EnSpace"/>
Land that is owned by a California public-use airport on which residential uses are prohibited pursuant to Federal Aviation Administration Order 5190.6B, Airport Compliance Program, Chapter 20 -- Compatible Land Use and Airspace Protection.
</html:p>
<html:p>
(R)
<html:span class="EnSpace"/>
Land that is transferred to a community land trust, and all of the following conditions are met:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The property is being or will be developed or rehabilitated as any of the following:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
An owner-occupied single-family
dwelling.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
An owner-occupied unit in a multifamily dwelling.
</html:p>
<html:p>
(III)
<html:span class="EnSpace"/>
A member-occupied unit in a limited equity housing cooperative.
</html:p>
<html:p>
(IV)
<html:span class="EnSpace"/>
A rental housing development.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Improvements on the property are or will be available for use and ownership or for rent by qualified persons, as defined in paragraph (6) of subdivision (c) of Section 214.18 of the Revenue and Taxation Code.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
(I)
<html:span class="EnSpace"/>
A deed restriction or other instrument, requiring a contract or contracts serving as an enforceable restriction on the sale or resale value of owner-occupied units or on the affordability of
rental units is recorded on or before the lien date following the acquisition of the property by the community land trust.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
For the purpose of this clause, the following definitions apply:
</html:p>
<html:p>
(ia)
<html:span class="EnSpace"/>
“A contract or contracts serving as an enforceable restriction on the sale or resale value of owner-occupied units” means a contract described in paragraph (11) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code.
</html:p>
<html:p>
(ib)
<html:span class="EnSpace"/>
“A contract or contracts serving as an enforceable restriction on the affordability of rental units” means an enforceable and verifiable agreement with a public agency, a recorded deed restriction, or other legal document described in subparagraph (A) of paragraph (2) of subdivision (g) of Section
214 of the Revenue and Taxation Code.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
A copy of the deed restriction or other instrument shall be provided to the assessor.
</html:p>
<html:p>
(S)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
For local agencies whose primary mission or purpose is to supply the public with a transportation system, surplus land that is developed for commercial or industrial uses or activities, including nongovernmental retail, entertainment, or office development or for the sole purpose of investment or generation of revenue, if the agency meets all of the following conditions:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
The agency has an adopted land use plan or policy that designates at least 50 percent of the gross acreage covered by the adopted land use plan or policy for residential purposes. The adopted
land use plan or policy shall also require the development of at least 300 residential units, or at least 10 residential units per gross acre, averaged across all land covered by the land use plan or policy, whichever is greater.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
The agency has an adopted land use plan or policy that requires at least 25 percent of all residential units to be developed on the parcels covered by the adopted land use plan or policy made available to lower income households, as defined in Section 50079 of the Health and Safety Code, at an affordable sales price or rented at an affordable rent, as defined in Sections 50052.5 and 50053 of the Health and Safety Code, for 55 years for rental housing and 45 years for ownership housing, unless a local ordinance or the terms of a federal, state, or local grant, tax credit, or other project financing requires a
longer period of affordability. These terms shall be included in the land use plan or policy and dictate that they will be contained in a covenant or restriction recorded against the surplus land at the time of disposition that shall run with the land and be enforceable against any owner or lessee who violates the covenant or restriction and each successor in interest who continues the violation.
</html:p>
<html:p>
(III)
<html:span class="EnSpace"/>
Land disposed of for residential purposes shall issue a competitive request for proposals subject to the local agency’s open, competitive solicitation process or put out to open, competitive bid by the local agency, provided that all entities identified in subdivision (a) of Section 54222 are invited to participate.
</html:p>
<html:p>
(IV)
<html:span class="EnSpace"/>
Prior to entering into an agreement to dispose of a parcel for
nonresidential development on land designated for the purposes authorized pursuant to this subparagraph in an agency’s adopted land use plan or policy, the agency, since January 1, 2020, must have entered into an agreement to dispose of a minimum of 25 percent of the land designated for affordable housing pursuant to subclause (II).
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The agency may exempt at one time all parcels covered by the adopted land use plan or policy pursuant to this subparagraph.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Notwithstanding paragraph (1), a written notice of the availability of surplus land for open-space purposes shall be sent to the entities described in subdivision (b) of Section 54222 before disposing of the surplus land, provided the land does not meet the criteria in subparagraph (H) of paragraph (1), if the land is any of the
following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Within a coastal zone.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Adjacent to a historical unit of the State Parks System.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Listed on, or determined by the State Office of Historic Preservation to be eligible for, the National Register of Historic Places.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Within the Lake Tahoe region as defined in Section 66905.5.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
“Persons and families of low or moderate income” has the same meaning as provided in Section 50093 of the Health and Safety Code.
</html:p>
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<ns0:BillSection id="id_2990F399-B0BB-450B-A2B5-B5543F0E8EC9">
<ns0:Num>SEC. 9.</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:
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<ns0:Fragment>
<ns0:LawSection id="id_32844969-1022-4C24-90F5-C7182F627AA6">
<ns0:Num>65584.01.</ns0:Num>
<ns0:LawSectionVersion id="id_E426417B-2CB9-4D74-A61E-1112AA7A1C2E">
<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"/>
At least 26 months prior to the scheduled revision pursuant to Section 65588 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 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>
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</ns0:BillSection>
<ns0:BillSection id="id_3144248B-C24D-478A-BC3A-B14CF361A2B8">
<ns0:Num>SEC. 10.</ns0:Num>
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Section 65584.04 of the
<ns0:DocName>Government Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_3D2B5618-C9B3-403C-B929-2237533AD604">
<ns0:Num>65584.04.</ns0:Num>
<ns0:LawSectionVersion id="id_BC0A55AC-4F73-495B-A5EF-FD62DB489D4B">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
At least two 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>
(l)
<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>
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<ns0:BillSection id="id_395125B3-52FD-4392-9FD9-24B162B754EB">
<ns0:Num>SEC. 11.</ns0:Num>
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Section 65589.5 of the
<ns0:DocName>Government Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_D31F0C93-6DD6-4932-BAF3-5B3D4C5B82B5">
<ns0:Num>65589.5.</ns0:Num>
<ns0:LawSectionVersion id="id_92FD1212-C3E3-43F1-B82D-DEE549B1A265">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The Legislature finds and declares all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The lack of housing, including emergency shelters, is a critical problem that threatens the economic, environmental, and social quality of life in California.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
California housing has become the most expensive in the nation. The excessive cost of the state’s housing supply is partially caused by activities and policies of many local governments that limit the approval of housing, increase the cost of land for housing, and require that high fees and exactions be paid by producers of housing.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Among the consequences of those actions are discrimination against low-income and minority households, lack of housing to support employment growth, imbalance in jobs and housing, reduced mobility, urban sprawl, excessive commuting, and air quality deterioration.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Many local governments do not give adequate attention to the economic, environmental, and social costs of decisions that result in disapproval of housing development projects, reduction in density of housing projects, and excessive standards for housing development projects.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
In enacting the amendments made to this section by the act adding this paragraph, the Legislature further finds and declares the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
California has
a housing supply and affordability crisis of historic proportions. The consequences of failing to effectively and aggressively confront this crisis are hurting millions of Californians, robbing future generations of the chance to call California home, stifling economic opportunities for workers and businesses, worsening poverty and homelessness, and undermining the state’s environmental and climate objectives.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
While the causes of this crisis are multiple and complex, the absence of meaningful and effective policy reforms to significantly enhance the approval and supply of housing affordable to Californians of all income levels is a key factor.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The crisis has grown so acute in California that supply, demand, and affordability fundamentals are characterized in the negative:
underserved demands, constrained supply, and protracted unaffordability.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
According to reports and data, California has accumulated an unmet housing backlog of nearly 2,000,000 units and must
provide for at least 180,000 new units annually to keep pace with growth through 2025.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
California’s overall home ownership rate is at its lowest level since the 1940s. The state ranks 49th out of the 50 states in home ownership rates as well as in the supply of housing per capita. Only one-half of California’s households are able to afford the cost of housing in their local regions.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
Lack of supply and rising costs are compounding inequality and limiting advancement opportunities for many Californians.
</html:p>
<html:p>
(G)
<html:span class="EnSpace"/>
The majority of California renters, more than 3,000,000 households, pay more than 30 percent of their income toward rent and nearly one-third, more than 1,500,000 households, pay more than 50 percent of
their income toward rent.
</html:p>
<html:p>
(H)
<html:span class="EnSpace"/>
When Californians have access to safe and affordable housing, they have more money for food and health care; they are less likely to become homeless and in need of government-subsidized services; their children do better in school; and businesses have an easier time recruiting and retaining employees.
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
An additional consequence of the state’s cumulative housing shortage is a significant increase in greenhouse gas emissions caused by the displacement and redirection of populations to states with greater housing opportunities, particularly working- and middle-class households. California’s cumulative housing shortfall therefore has not only national but international environmental consequences.
</html:p>
<html:p>
(J)
<html:span class="EnSpace"/>
California’s housing picture has reached a crisis of historic proportions despite the fact that, for decades, the Legislature has enacted numerous statutes intended to significantly increase the approval, development, and affordability of housing for all income levels, including this section.
</html:p>
<html:p>
(K)
<html:span class="EnSpace"/>
The Legislature’s intent in enacting this section in 1982 and in expanding its provisions since then was to significantly increase the approval and construction of new housing for all economic segments of California’s communities by meaningfully and effectively curbing the capability of local governments to deny, reduce the density for, or render infeasible housing development projects and emergency shelters. That intent has not been fulfilled.
</html:p>
<html:p>
(L)
<html:span class="EnSpace"/>
It is the policy of
the state that this section be interpreted and implemented in a manner to afford the fullest possible weight to the interest of, and the approval and provision of, housing.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
It is the intent of the Legislature that the conditions that
would have a specific, adverse impact upon the public health and safety, as described in paragraph (2) of subdivision (d) and paragraph (1) of subdivision (j), arise infrequently.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
It is the intent of the Legislature that the amendments removing provisions from subparagraphs (D) and (E) of paragraph (6) of subdivision (h) and adding those provisions to Sections 65589.5.1 and 65589.5.2 by Assembly Bill 1413 (2023), insofar as they are substantially the same as existing law, shall be considered restatements and continuations of existing law, and not new enactments.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
It is the policy of the state that a local government not reject or make infeasible housing development projects, including emergency shelters, that contribute to meeting the need determined pursuant
to this article without a thorough analysis of the economic, social, and environmental effects of the action and without complying with subdivision (d).
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The Legislature also recognizes that premature and unnecessary development of agricultural lands for urban uses continues to have adverse effects on the availability of those lands for food and fiber production and on the economy of the state. Furthermore, it is the policy of the state that development should be guided away from prime agricultural lands; therefore, in implementing this section, local jurisdictions should encourage, to the maximum extent practicable, in filling existing urban areas.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
For a housing development project for very low, low-, or moderate-income households, or an emergency shelter, a local agency
shall not disapprove the housing development project or emergency shelter, or condition approval in a manner that renders the housing development project or emergency shelter infeasible, including through the use of design review standards, unless it makes written findings, based upon a preponderance of the evidence in the record, as to one of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The jurisdiction has adopted a housing element pursuant to this article that has been revised in accordance with Section 65588, is in substantial compliance with this article, and the jurisdiction has met or exceeded its share of the regional housing need allocation pursuant to Section 65584 for the planning period for the income category proposed for the housing development project, provided that any disapproval or conditional approval shall not be based on any of the reasons
prohibited by Section 65008. If the housing development project includes a mix of income categories, and the jurisdiction has not met or exceeded its share of the regional housing need for one or more of those categories, then this paragraph shall not be used to disapprove or conditionally approve the housing development project. The share of the regional housing need met by the jurisdiction shall be calculated consistently with the forms and definitions that may be adopted by the Department of Housing and Community Development pursuant to Section 65400. In the case of an emergency shelter, the jurisdiction shall have met or exceeded the need for emergency shelter, as identified pursuant to paragraph (7) of subdivision (a) of Section 65583. Any disapproval or conditional approval pursuant to this paragraph shall be in accordance with applicable law, rule, or standards.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The housing development project or emergency shelter as proposed would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact without rendering the development unaffordable to low- and moderate-income households or rendering the development of the emergency shelter financially infeasible. 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. The following shall not constitute a specific, adverse impact upon the public health or safety:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Inconsistency with the zoning ordinance or general plan land use designation.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The eligibility to claim a welfare exemption under subdivision (g) of Section 214 of the Revenue and Taxation Code.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The denial of the housing development project or imposition of conditions is required in order to comply with specific state or federal law, and there is no feasible method to comply without rendering the development unaffordable to low- and moderate-income households or rendering the development of the emergency shelter financially infeasible.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The housing development project or emergency shelter is proposed on land zoned for agriculture or resource preservation that is surrounded on at least two
sides by land being used for agricultural or resource preservation purposes, or which does not have adequate water or wastewater facilities to serve the project.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
On the date an application for the housing development project or emergency shelter was deemed complete, the jurisdiction had adopted a revised housing element that was in substantial compliance with this article, and the housing development project or emergency shelter was inconsistent with both the jurisdiction’s zoning ordinance and general plan land use designation as specified in any element of the general plan.
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
This paragraph shall not be utilized to disapprove or conditionally approve a housing development project proposed on a site, including a candidate site for rezoning, that is identified as suitable or
available for very low, low-, or moderate-income households in the jurisdiction’s housing element if the housing development project is consistent with the density specified in the housing element, even though the housing development project was inconsistent with both the jurisdiction’s zoning ordinance and general plan land use designation on the date the application was deemed complete.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
If the local agency has failed to identify a zone or zones where emergency shelters are allowed as a permitted use without a conditional use or other discretionary permit, has failed to demonstrate that the identified zone or zones include sufficient capacity to accommodate the need for emergency shelter identified in paragraph (7) of subdivision (a) of Section 65583, or has failed to demonstrate that the identified zone or zones can accommodate at
least one emergency shelter, as required by paragraph (4) of subdivision (a) of Section 65583, then this paragraph shall not be utilized to disapprove or conditionally approve an emergency shelter proposed for a site designated in any element of the general plan for industrial, commercial, or multifamily residential uses. In any action in court, the burden of proof shall be on the local agency to show that its housing element does satisfy the requirements of paragraph (4) of subdivision (a) of Section 65583.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
On the date an application for the housing development project or emergency shelter was deemed complete, the jurisdiction did not have an adopted revised housing element that was in substantial compliance with this article and the housing development project is not a builder’s remedy project.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
Nothing in this section shall be construed to relieve the local agency from complying with the congestion management program required by Chapter 2.6 (commencing with Section 65088) of Division 1 of Title 7 or the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code). Neither shall anything in this section be construed to relieve the local agency from making one or more of the findings required pursuant to Section 21081 of the Public Resources Code or otherwise complying with the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Except as provided in paragraphs (6) and (8) of this subdivision, and subdivision (o), nothing in this section shall be construed to prohibit a local agency from
requiring the housing
development project to comply with objective, quantifiable, written development standards, conditions, and policies appropriate to, and consistent with, meeting the jurisdiction’s share of the regional housing need pursuant to Section 65584. However, the development standards, conditions, and policies shall be applied to facilitate and accommodate development at the density permitted on the site and proposed by the development. Nothing in this section shall limit a project’s eligibility for a density bonus, incentive, or concession, or waiver or reduction of development standards and parking ratios, pursuant to Section 65915.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Except as provided in subdivision (o), nothing in this section shall be construed to prohibit a local agency from requiring an emergency shelter project to comply with objective, quantifiable, written
development standards, conditions, and policies that are consistent with paragraph (4) of subdivision (a) of Section 65583 and appropriate to, and consistent with, meeting the jurisdiction’s need for emergency shelter, as identified pursuant to paragraph (7) of subdivision (a) of Section 65583. However, the development standards, conditions, and policies shall be applied by the local agency to facilitate and accommodate the development of the emergency shelter project.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Except as provided in subdivision (o), nothing in this section shall be construed to prohibit a local agency from imposing fees and other exactions otherwise authorized by law that are essential to provide necessary public services and facilities to the housing development project or emergency shelter.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
For purposes of this section, a housing development project or emergency shelter shall be deemed consistent, compliant, and in conformity with an applicable plan, program, policy, ordinance, standard, requirement, or other similar provision if there is substantial evidence that would allow a reasonable person to conclude that the housing development project or emergency shelter is consistent, compliant, or in conformity.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
For purposes of this section, a change to the zoning ordinance or general plan land use designation subsequent to the date the application was deemed complete shall not constitute a valid basis to disapprove or condition approval of the housing development project or emergency shelter.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
Notwithstanding paragraphs (1) to (5), inclusive, all of the following
apply to a housing development project that is a builder’s remedy project:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
A local agency may only require the project to comply with the objective, quantifiable, written development standards, conditions, and policies that would have applied to the project had it been proposed on a site with a general plan designation and zoning classification that allow the density and unit type proposed by the applicant. If the local agency has no general plan designation or zoning classification that would have allowed the density and unit type proposed by the applicant, the development proponent may identify any objective, quantifiable, written development standards, conditions, and policies associated with a different general plan designation or zoning classification within that jurisdiction, that facilitate the project’s density and unit type, and those
shall apply.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
Except as authorized by paragraphs (1) to (4), inclusive, of subdivision (d), a local agency shall not apply any individual or combination of objective, quantifiable, written development standards, conditions, and policies to the project that do any of the following:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
Render the project infeasible.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
Preclude a project that meets the requirements allowed to be imposed by subparagraph (A), as modified by any density bonus, incentive, or concession, or waiver or reduction of development standards and parking ratios, pursuant to Section 65915, from being constructed as proposed by the applicant.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The
local agency shall bear the burden of proof of complying with clause (i).
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
A project applicant that qualifies for a density bonus pursuant to Section 65915 shall receive two incentives or concessions in addition to those granted pursuant to paragraph (2) of subdivision (d) of Section 65915.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
For a project seeking density bonuses, incentives, concessions, or any other benefits pursuant to Section 65915, and notwithstanding paragraph (6) of subdivision (o) of Section 65915, for purposes of this paragraph, maximum allowable residential density or base density means the density permitted for a builder’s remedy project pursuant to subparagraph (C) of paragraph (11) of subdivision (h).
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
A
local agency shall grant any density bonus pursuant to Section 65915 based on the number of units proposed and allowable pursuant to subparagraph (C) of paragraph (11) of subdivision (h).
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
A project that dedicates units to extremely low-income households pursuant to subclause (I) of clause (i) of subparagraph (C) of paragraph (3) of subdivision (h) shall be eligible for the same density bonus, incentives or concessions, and waivers or reductions of development standards as provided to a housing
development project that dedicates three percentage points more units to very low income households pursuant to paragraph (2) of subdivision (f) of Section 65915.
</html:p>
<html:p>
(v)
<html:span class="EnSpace"/>
All units dedicated to extremely low-income, very low income, low-income, and moderate-income households pursuant to paragraph (11) of subdivision (h) shall be counted as affordable units in determining whether the applicant qualifies for a density bonus pursuant to Section 65915.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
The project shall not be required to apply for, or receive approval of, a general plan amendment, specific plan amendment, rezoning, or other legislative approval.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The project shall not be required to apply for, or receive, any
approval or permit not generally required of a project of the same type and density proposed by the applicant.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
Any project that complies with this paragraph shall be deemed consistent, compliant, and in conformity with an applicable plan, program, policy, ordinance, standard, requirement, redevelopment plan and implementing instruments, or other similar provision for all purposes, and shall not be considered or treated as a nonconforming lot, use, or structure for any purpose.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
A local agency shall not adopt or impose any requirement, process, practice, or procedure or undertake any course of conduct, including, but not limited to, increased fees or inclusionary housing requirements, that applies to a project solely or partially on the basis that the project is a builder’s
remedy project.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
A builder’s remedy project shall be deemed to be in compliance with the residential density standards for the purposes of complying with subdivision (b) of Section 65912.123.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
A builder’s remedy project shall be deemed to be in compliance with the objective zoning standards, objective subdivision standards, and objective design review standards for the purposes of complying with paragraph (5) of subdivision (a) of Section 65913.4.
</html:p>
<html:p>
(G)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
(I)
<html:span class="EnSpace"/>
If the local agency had a local affordable housing requirement, as defined in Section 65912.101, that on January 1, 2024, required a greater percentage of affordable units than required under
subparagraph (A) of paragraph (11) of subdivision (h), or required an affordability level deeper than what is required under subparagraph (A) of paragraph (11) of subdivision (h), then, except as provided in subclauses (II) and (III), the local agency may require a housing development for mixed-income households to comply with an otherwise lawfully applicable local affordability percentage or affordability level. The local agency shall not require housing for mixed-income households to comply with any other aspect of the local affordable housing requirement.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
Notwithstanding subclause (I), the local affordable housing requirements shall not be applied to require housing for mixed-income households to dedicate more than 20 percent of the units to affordable units of any kind.
</html:p>
<html:p>
(III)
<html:span class="EnSpace"/>
Housing for mixed-income households that is required to dedicate 20 percent of the units to affordable units shall not be required to dedicate any of the affordable units at an income level deeper than lower income households, as defined in Section 50079.5 of the Health and Safety Code.
</html:p>
<html:p>
(IV)
<html:span class="EnSpace"/>
A local agency may only require housing for mixed-income households to comply with the local percentage requirement or affordability level described in subclause (I) if it first makes written findings, supported by a preponderance of evidence, that compliance with the local percentage requirement or the affordability level, or both, would not render the housing development project infeasible. If a reasonable person could find compliance with either requirement, either alone or in combination, would render the project infeasible, the
project shall not be required to comply with that requirement.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Affordable units in the development project shall have a comparable bedroom and bathroom count as the market rate units.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
Each affordable unit dedicated pursuant to this subparagraph shall count toward satisfying a local affordable housing requirement. Each affordable unit dedicated pursuant to a local affordable housing requirement that meets the criteria established in this subparagraph shall count towards satisfying the requirements of this subparagraph. This is declaratory of existing law.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
For a housing development project application that is deemed complete before January 1, 2025, the development proponent for the
project may choose to be subject to the provisions of this section that were in place on the date the preliminary application was submitted, or, if the project meets the definition of a builder’s remedy project, it may choose to be subject to any or all of the provisions of this section applicable as of January 1, 2025.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Notwithstanding subdivision (c) of Section 65941.1, for a housing development project deemed complete before January 1, 2025, the development proponent may choose to revise their application so that the project is a builder’s remedy project, without being required to resubmit a preliminary application, even if the revision results in the number of residential units or square footage of construction changing by 20 percent or more.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
A housing development
project proposed on a site that is identified as suitable or available for very low, low-, or moderate-income households in the jurisdiction’s housing element, that is consistent with the density specified in the most recently updated and adopted housing element, and that is inconsistent with both the jurisdiction’s zoning ordinance and general plan land use designation on the date the application was deemed complete, shall be subject to the provisions of subparagraphs (A), (B), and (D) of paragraph (6) and paragraph (9).
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
For purposes of this subdivision, “objective, quantifiable, written development standards, conditions, and policies” means
criteria that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official before submittal, including, but not limited to, any standard, ordinance, or policy described in paragraph (4) of subdivision (o). Nothing herein shall affect the obligation of the housing development project to comply with the minimum building standards approved by the California Building Standards Commission as provided in Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code. In the event that applicable objective, quantifiable, written development standards, conditions, and policies are mutually inconsistent, a development shall be deemed consistent with the criteria that permits the density
and unit type closest to that of the proposed project.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
This section shall be applicable to charter cities because the Legislature finds that the lack of housing, including emergency shelter, is a critical statewide problem.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
The following definitions apply for the purposes of this section:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
“Feasible” means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, and technological factors.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
“Housing development project” means a use consisting of any of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Residential units only.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Mixed-use developments consisting of residential and nonresidential uses that meet any of the following conditions:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
At least two-thirds of the new or converted square footage is designated for residential use.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
At least 50 percent of the new or converted square footage is designated for residential use and the project meets both of the following:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
The project includes at least 500 net new residential units.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
No portion of the project is designated for use as a hotel, motel, bed and breakfast inn, or other transient lodging, except a portion of the project may be designated for use
as a residential hotel, as defined in Section 50519 of the Health and Safety Code.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
At least 50 percent of the net new or converted square footage is designated for residential use and the project meets all of the following:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
The project includes at least 500 net new residential units.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
The project involves the demolition or conversion of at least 100,000 square feet of nonresidential use.
</html:p>
<html:p>
(III)
<html:span class="EnSpace"/>
The project demolishes at least 50 percent of the existing nonresidential uses on the site.
</html:p>
<html:p>
(IV)
<html:span class="EnSpace"/>
No portion of the project is designated for use as a hotel, motel, bed and breakfast inn, or other transient
lodging, except a portion of the project may be designated for use as a residential hotel, as defined in Section 50519 of the Health and Safety Code.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Transitional housing or supportive housing.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Farmworker housing, as defined in subdivision (h) of Section 50199.7 of the Health and Safety Code.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
“Housing for very low, low-, or moderate-income households” means housing for lower income households, mixed-income households, or moderate-income households.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
“Housing for lower income households” means a housing development project in which 100 percent of the units, excluding managers’ units, are dedicated to lower income households, as
defined in Section 50079.5 of the Health and Safety Code, at an affordable cost, as defined by Section 50052.5 of the Health and Safety Code, or an affordable rent set in an amount consistent with the rent limits established by the California Tax Credit Allocation Committee. The units shall be subject to a recorded deed restriction for a period of 55 years for rental units and 45 years for owner-occupied units.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
“Housing for mixed-income households” means any of the following:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
A housing development project in which at least 7 percent of the total units, as defined in subparagraph (A) of paragraph (8) of subdivision (o) of Section 65915, are dedicated to extremely low income households, as defined in Section 50106 of the Health and Safety
Code.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
A housing development project in which at least 10 percent of the total units, as defined in subparagraph (A) of paragraph (8) of subdivision (o) of Section 65915, are dedicated to very low income households, as defined in Section 50105 of the Health and Safety Code.
</html:p>
<html:p>
(III)
<html:span class="EnSpace"/>
A housing development project in which at least 13 percent of the total units, as defined in subparagraph (A) of paragraph (8) of subdivision (o) of Section 65915, are dedicated to lower income households, as defined in Section 50079.5 of the Health and Safety Code.
</html:p>
<html:p>
(IV)
<html:span class="EnSpace"/>
A housing development project in which there are 10 or fewer total units, as defined in subparagraph (A) of paragraph (8) of subdivision (o) of Section 65915, that is
on a site that is smaller than one acre, and that is proposed for development at a minimum density of 10 units per acre.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
All units dedicated to extremely low income, very low income, and low-income households pursuant to clause (i) shall meet both of the following:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
The units shall have an affordable housing cost, as defined in Section 50052.5 of the Health and Safety Code, or an affordable rent, as defined in Section 50053 of the Health and Safety Code.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
The development proponent shall agree to, and the local agency shall ensure, the continued affordability of all affordable rental units included pursuant to this section for 55 years and all affordable ownership units included pursuant to this section for a period
of 45 years.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
“Housing for moderate-income households” means a housing development project in which 100 percent of the units are sold or rented to moderate-income households, as defined in Section 50093 of the Health and Safety Code, at an affordable housing cost, as defined in Section 50052.5 of the Health and Safety Code, or an affordable rent, as defined in Section 50053 of the Health and Safety Code. The units shall be subject to a recorded deed restriction for a period of 55 years for rental units and 45 years for owner-occupied units.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
“Area median income” means area median income as periodically established by the Department of Housing and Community Development pursuant to Section 50093 of the Health and Safety Code.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Notwithstanding any other law, “deemed complete” means that the applicant has submitted a preliminary application pursuant to Section 65941.1 or, if the applicant has not submitted a preliminary application, has submitted a complete application pursuant to Section 65943. The local agency shall bear the burden of proof in establishing that the application is not complete.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
“Disapprove the housing development project” includes any instance in which a local agency does any of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Votes or takes final administrative action on a proposed housing development project application and the application is disapproved, including any required land use approvals or entitlements necessary for the issuance of a building permit.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Fails to comply with the time periods specified in subdivision (a) of Section 65950. An extension of time pursuant to Article 5 (commencing with Section 65950) shall be deemed to be an extension of time pursuant to this paragraph.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Fails to meet the time limits specified in Section 65913.3.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Fails to cease a course of conduct undertaken for an improper purpose, such as to harass or to cause unnecessary delay or needless increases in the cost of the proposed housing development project, that effectively disapproves the proposed housing development without taking final administrative action if all of the following conditions are met:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The project
applicant provides written notice detailing the challenged conduct and why it constitutes disapproval to the local agency established under Section 65100.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Within five working days of receiving the applicant’s written notice described in clause (i), the local agency shall post the notice on the local agency’s internet website, provide a copy of the notice to any person who has made a written request for notices pursuant to subdivision (f) of Section 21167 of the Public Resources Code, and file the notice with the county clerk of each county in which the project will be located. The county clerk shall post the notice and make it available for public inspection in the manner set forth in subdivision (c) of Section 21152 of the Public Resources Code.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
The local agency shall
consider all objections, comments, evidence, and concerns about the project or the applicant’s written notice and shall not make a determination until at least 60 days after the applicant has given written notice to the local agency pursuant to clause (i).
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
Within 90 days of receipt of the applicant’s written notice described in clause (i), the local agency shall issue a written statement that it will immediately cease the challenged conduct or issue written findings that comply with both of the following requirements:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
The findings articulate an objective basis for why the challenged course of conduct is necessary.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
The findings provide clear instructions on what the applicant must submit or
supplement so that the local agency can make a final determination regarding the next necessary approval or set the date and time of the next hearing.
</html:p>
<html:p>
(v)
<html:span class="EnSpace"/>
(I)
<html:span class="EnSpace"/>
If a local agency continues the challenged course of conduct described in the applicant’s written notice and fails to issue the written findings described in clause (iv), the local agency shall bear the burden of establishing that its course of conduct does not constitute a disapproval of the housing development project under this subparagraph in an action taken by the applicant.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
If an applicant challenges a local agency’s course of conduct as a disapproval under this subparagraph, the local agency’s written findings described in clause (iv) shall be incorporated into the administrative record and be deemed
to be the final administrative action for purposes of adjudicating whether the local agency’s course of conduct constitutes a disapproval of the housing development project under this subparagraph.
</html:p>
<html:p>
(vi)
<html:span class="EnSpace"/>
A local agency’s action in furtherance of complying with the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code), including, but not limited to, imposing mitigating measures, shall not constitute project disapproval under this subparagraph.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
Fails to comply with Section 65905.5. For purposes of this subparagraph, a builder’s remedy project shall be deemed to comply with the applicable, objective general plan and zoning standards in effect at the time an application is deemed complete.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
Determines that an application for a housing development project is incomplete pursuant to subdivision (a) or (b) of Section 65943 and includes in the determination an item that is not required on the local agency’s submittal requirement checklist. The local agency shall bear the burden of proof that the required item is listed on the submittal requirement checklist.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
In a subsequent review of an application pursuant to Section 65943, requests the applicant provide new information that was not identified in the initial determination and upholds this determination in the final written determination on an appeal filed pursuant to subdivision (c) of Section 65943. The local agency shall bear the burden of proof that the required item was identified in
the initial determination.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
Determines that an application for a housing development project is incomplete pursuant to subdivision (a) or (b) of Section 65943, a reasonable person would conclude that the applicant has submitted all of the items required on the local agency’s submittal requirement checklist, and the local agency upholds this
determination in the final written determination on an appeal filed pursuant to subdivision (c) of Section 65943.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
If a local agency determines that an application is incomplete under Section 65943 after two resubmittals of the application by the applicant, the local agency shall bear the burden of establishing that the determination is not an effective disapproval of a housing development project under this section.
</html:p>
<html:p>
(G)
<html:span class="EnSpace"/>
Violates subparagraph (D) or (E) of paragraph (6) of subdivision (f).
</html:p>
<html:p>
(H)
<html:span class="EnSpace"/>
Makes a written determination that a preliminary application described in subdivision (a) of Section 65941.1 has expired or that the applicant has otherwise lost its vested rights under the preliminary
application for any reason other than those described in subdivisions (c) and (d) of Section 65941.1.
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
Fails to make a determination of whether the project is exempt from the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code), or commits an abuse of discretion, as defined in subdivision (b) of Section 65589.5.1 if all of the conditions in Section 65589.5.1 are satisfied.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
This subparagraph shall become inoperative on January 1, 2031.
</html:p>
<html:p>
(J)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
Fails to adopt a negative declaration or addendum for the project, to certify an environmental impact report for the project, or to approve another comparable
environmental document, such as a sustainable communities environmental assessment pursuant to Section 21155.2 of the Public Resources Code, as required pursuant to the California Environmental Quality Act
(Division 13 (commencing with Section 21000) of the Public Resources Code), if all of the conditions in Section 65589.5.2 are satisfied.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
This subparagraph shall become inoperative on January 1, 2031.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
For purposes of this section and Sections 65589.5.1 and 65589.5.2, “lawful determination” means any final decision about whether to approve or disapprove a statutory or categorical exemption or a negative declaration, addendum, environmental impact report, or comparable environmental review document under the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) that is not an abuse of discretion, as defined in subdivision (b) of Section 65589.5.1 or subdivision (b) of
Section 65589.5.2.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
This paragraph shall become inoperative on January 1, 2031.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
“Lower density” includes any conditions that have the same effect or impact on the ability of the project to provide housing.
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
“Objective” means involving no personal or subjective judgment by a public official and being uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official.
</html:p>
<html:p>
(10)
<html:span class="EnSpace"/>
Notwithstanding any other law, “determined to be complete” means that the applicant has submitted a complete application pursuant to Section 65943.
</html:p>
<html:p>
(11)
<html:span class="EnSpace"/>
“Builder’s remedy project” means a project that meets all of the following criteria:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The project is a housing development project that provides housing for very low, low-, or moderate-income households.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
On or after the date an application for the housing development project or emergency shelter was deemed complete, the jurisdiction did not have a housing element that was in substantial compliance with this article.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The project has a density such that the number of units, as calculated before the application of a density bonus pursuant to Section 65915, complies with all of the following conditions:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The density does not exceed the greatest of the following densities:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
Fifty percent greater than the minimum density deemed appropriate to accommodate housing for that jurisdiction as specified in subparagraph (B) of paragraph (3) of subdivision (c) of Section 65583.2.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
Three times the density allowed by the general plan, zoning ordinance, or state law, whichever is greater.
</html:p>
<html:p>
(III)
<html:span class="EnSpace"/>
The density that is consistent with the density specified in the housing element.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Notwithstanding clause (i), the greatest allowable density shall be 35 units per acre more than the amount allowable pursuant to clause (i), if any portion of the site is
located within any of the following:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
One-half mile of a major transit stop, as defined in Section 21064.3 of the Public Resources Code.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
A very low vehicle travel area, as defined in subdivision (h).
</html:p>
<html:p>
(III)
<html:span class="EnSpace"/>
A high or highest resource census tract, as identified by the latest edition of the “CTCAC/HCD Opportunity Map” published by the California Tax Credit Allocation Committee and the Department of Housing and Community Development.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
On sites that have a minimum density requirement and are located within one-half mile of a commuter rail station or a heavy rail station, the density of the project shall not be less than the
minimum density required on the site.
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
For purposes of this subparagraph, “commuter rail” means a railway that is not a light rail, streetcar, trolley, or tramway and that is for urban passenger train service consisting of local short distance travel operating between a central city and adjacent suburb with service operated on a regular basis by or under contract with a transit operator for the purpose of transporting passengers within urbanized areas, or between urbanized areas and outlying areas, using either locomotive-hauled or self-propelled railroad passenger cars, with multitrip tickets and specific station-to-station fares.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
For purposes of this subparagraph, “heavy rail” means an electric railway with the capacity for a heavy volume of traffic using high speed and rapid
acceleration passenger rail cars operating singly or in multicar trains on fixed rails, separate rights-of-way from which all other vehicular and foot traffic are excluded, and high platform loading.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
On all other sites with a minimum density requirement, the density of the project shall not be less than the local agency’s minimum density or one-half of the minimum density deemed appropriate to accommodate housing for that jurisdiction as specified in subparagraph (B) of paragraph (3) of subdivision (c) of Section 65583.2, whichever is lower.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
The project site does not abut a site where more than one-third of the square footage on the site has been used, within the past three years, by a heavy industrial use, or a Title V industrial use, as those terms are defined in
Section 65913.16.
</html:p>
<html:p>
(12)
<html:span class="EnSpace"/>
“Condition approval” includes imposing on the housing development project, or attempting to subject it to, development standards, conditions, or policies.
</html:p>
<html:p>
(13)
<html:span class="EnSpace"/>
“Unit type” means the form of ownership and the kind of residential unit, including, but not limited to, single-family detached, single-family attached, for-sale, rental, multifamily, townhouse, condominium, apartment, manufactured homes and mobilehomes, factory-built housing, and residential hotel.
</html:p>
<html:p>
(14)
<html:span class="EnSpace"/>
“Proposed by the applicant” means the plans and designs as submitted by the applicant, including, but not limited to, density, unit size, unit type, site plan, building massing, floor area ratio, amenity areas, open space, parking, and ancillary
commercial uses.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
If any city, county, or city and county denies approval or imposes conditions, including design changes, lower density, or a reduction of the percentage of a lot that may be occupied by a building or structure under the applicable planning and zoning in force at the time the housing development project’s application is complete, that have a substantial adverse effect on the viability or affordability of a housing development for very low, low-, or moderate-income households, and the denial of the development or the imposition of conditions on the development is the subject of a court action which challenges the denial or the imposition of conditions, then the burden of proof shall be on the local legislative body to show that its decision is consistent with the findings as described in subdivision (d), and that the
findings are supported by a preponderance of the evidence in the record, and with the requirements of subdivision (o).
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
When a proposed housing development project complies with applicable, objective general plan, zoning, and subdivision standards and criteria, including design review standards, in effect at the time that the application was deemed complete, but the local agency proposes to disapprove the project or to impose a condition that the project be developed at a lower density, the local agency shall base its decision regarding the proposed housing development project upon written findings supported by a preponderance of the evidence on the record that both of the following conditions exist:
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<html:p>
(A)
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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.
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<html:p>
(B)
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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.
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<html:p>
(2)
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(A)
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If the local agency
considers a proposed housing development project to be inconsistent, not in compliance, or not in conformity with an applicable plan, program, policy, ordinance, standard, requirement, or other similar provision as specified in this subdivision, it shall provide the applicant with written documentation identifying the provision or provisions, and an explanation of the reason or reasons it considers the housing development to be inconsistent, not in compliance, or not in conformity as follows:
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<html:p>
(i)
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Within 30 days of the date that the application for the housing development project is determined to be complete, if the housing
development project contains 150 or fewer housing units.
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<html:p>
(ii)
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Within 60 days of the date that the application for the housing development project is determined to be complete, if the housing development project contains more than 150 units.
</html:p>
<html:p>
(B)
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If the local agency fails to provide the required documentation pursuant to subparagraph (A), the housing development project shall be deemed consistent, compliant, and in conformity with the applicable plan, program, policy, ordinance, standard, requirement, or other similar provision.
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<html:p>
(3)
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For purposes of this section, the receipt of a density bonus, incentive, concession, waiver, or reduction of development standards pursuant to Section 65915 shall not constitute a valid
basis on which to find a proposed housing development project is inconsistent, not in compliance, or not in conformity, with an applicable plan, program, policy, ordinance, standard, requirement, or other similar provision specified in this subdivision.
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<html:p>
(4)
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For purposes of this section, a proposed housing development project is not inconsistent with the applicable zoning standards and criteria, and shall not require a rezoning, if the housing development project is consistent with the objective general plan standards and criteria but the zoning for the project site is inconsistent with the general plan. If the local agency has complied with paragraph (2), the local agency may require the proposed housing development project to comply with the objective standards and criteria of the zoning which is consistent with the general plan,
however, the standards and criteria shall be applied to facilitate and accommodate development at the density allowed on the site by the general plan and proposed by the proposed housing development project.
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<html:p>
(k)
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(1)
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(A)
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(i)
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The applicant, a person who would be eligible to apply for residency in the housing development project or emergency shelter, or a housing organization may bring an action to enforce this section. If, in any action brought to enforce this section, a court finds that any of the following are met, the court shall issue an order pursuant to clause (ii):
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<html:p>
(I)
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The local agency, in violation of subdivision (d), disapproved a housing development project or conditioned its approval in a manner rendering it
infeasible for the development of an emergency shelter, or housing for very low, low-, or moderate-income households, including farmworker housing, without making the findings required by this section.
</html:p>
<html:p>
(II)
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The local agency, in violation of subdivision (j), disapproved a housing development project complying with applicable, objective general plan and zoning standards and criteria, or imposed a condition that the project be developed at a lower density, without making the findings required by this section.
</html:p>
<html:p>
(III)
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The local agency, in violation of subdivision (o), required or attempted to require a housing development project to comply with an ordinance, policy, or standard not adopted and in effect when a preliminary application was submitted.
</html:p>
<html:p>
(IV)
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The local agency violated a provision of this section applicable to a builder’s remedy project.
</html:p>
<html:p>
(ii)
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If the court finds that one of the conditions in clause (i) is met, the court shall issue an order or judgment compelling compliance with this section within a time period not to exceed 60 days, including, but not limited to, an order that the local agency take action on the housing development project or emergency shelter. The court may issue an order or judgment directing the local agency to approve the housing development project or emergency shelter if the court finds that the local agency acted in bad faith when it disapproved or conditionally approved the housing development or emergency shelter in violation of this section. The court shall retain jurisdiction to ensure
that its order or judgment is carried out and shall award reasonable attorney’s fees and costs of suit to the plaintiff or petitioner, provided, however, that the court shall not award attorney’s fees in either of the following instances:
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<html:p>
(I)
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The court finds, under extraordinary circumstances, that awarding fees would not further the purposes of this section.
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<html:p>
(II)
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(ia)
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In a case concerning a disapproval within the meaning of subparagraph (I) or (J) of paragraph (6) of subdivision (h), the court finds that the local agency acted in good faith and had reasonable cause to disapprove the housing development project due to the existence of a controlling question of law about the application of the California Environmental Quality Act (Division 13 (commencing
with Section 21000) of the Public Resources Code) or implementing guidelines as to which there was a substantial ground for difference of opinion at the time of the disapproval.
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<html:p>
(ib)
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This subclause shall become inoperative on January 1, 2031.
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(B)
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Upon a determination that the local agency has failed to comply with the order or judgment compelling compliance with this section within the time period prescribed by the court, the court shall impose fines on a local agency that has violated this section and require the local agency to deposit any fine levied pursuant to this subdivision into a local housing trust fund. The local agency may elect to instead deposit the fine into the Building Homes and Jobs Trust Fund. The fine shall be in a minimum amount of ten thousand dollars
($10,000) per housing unit in the housing development project on the date the application was deemed complete pursuant to Section 65943. In determining the amount of the fine to impose, the court shall consider the local agency’s progress in attaining its target allocation of the regional
housing need pursuant to Section 65584 and any prior violations of this section. Fines shall not be paid out of funds already dedicated to affordable housing, including, but not limited to, Low and Moderate Income Housing Asset Funds, funds dedicated to housing for very low, low-, and moderate-income households, and federal HOME Investment Partnerships Program and Community Development Block Grant Program funds. The local agency shall commit and expend the money in the local housing trust fund within five years for the sole purpose of financing newly constructed housing units affordable to extremely low, very low, or low-income households. After five years, if the funds have not been expended, the money shall revert to the state and be deposited in the Building Homes and Jobs Trust Fund for the sole purpose of financing newly constructed housing units affordable to extremely low, very
low, or low-income households.
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<html:p>
(C)
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If the court determines that its order or judgment has not been carried out within 60 days, the court may issue further orders as provided by law to ensure that the purposes and policies of this section are fulfilled, including, but not limited to, an order to vacate the decision of the local agency and to approve the housing development project, in which case the application for the housing development project, as proposed by the applicant at the time the local agency took the initial action determined to be in violation of this section, along with any standard conditions determined by the court to be generally imposed by the local agency on similar projects, shall be deemed to be approved unless the applicant consents to a different decision or action by the local agency.
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<html:p>
(D)
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Nothing in this section shall limit the court’s inherent authority to make any other orders to compel the immediate enforcement of any writ brought under this section, including the imposition of fees and other sanctions set forth under Section 1097 of the Code of Civil Procedure.
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<html:p>
(2)
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For purposes of this subdivision, “housing organization” means a trade or industry group whose local members are primarily engaged in the construction or management of housing units or a nonprofit organization whose mission includes providing or advocating for increased access to housing for low-income households and have filed written or oral comments with the local agency prior to action on the housing development project. A housing organization may only file an action pursuant to this section
to challenge the disapproval of a housing development by a local agency. A housing organization shall be entitled to reasonable attorney’s fees and costs if it is the prevailing party in an action to enforce this section.
</html:p>
<html:p>
(l)
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If the court finds that the local agency (1) acted in bad faith when it violated this section and (2) failed to carry out the court’s order or judgment within the time period prescribed by the court, the court, in addition to any other remedies provided by this section, shall multiply the fine determined pursuant to subparagraph (B) of paragraph (1) of subdivision (k) by a factor of five. If a court has previously found that the local agency violated this section within the same planning period, the court shall multiply the fines by an additional factor for each previous violation. For purposes of this section, “bad faith”
includes, but is not limited to, an action or inaction that is frivolous, pretextual, intended to cause unnecessary delay, or entirely without merit.
</html:p>
<html:p>
(m)
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(1)
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Any action brought to enforce the provisions of this section shall be brought pursuant to Section 1094.5 of the Code of Civil Procedure, and the local agency shall prepare and certify the record of proceedings in accordance with subdivision (c) of Section 1094.6 of the Code of Civil Procedure no later than 30 days after the petition is served, provided that the cost of preparation of the record shall be borne by the local agency, unless the petitioner elects to prepare the record as provided in subdivision (n) of this section. A petition to enforce the provisions of this section shall be filed and served no later than 90 days from the later of (1) the effective date
of a decision of the local agency imposing conditions on, disapproving, or any other final action on a housing development project or (2) the expiration of the time periods specified in subparagraph (B) of paragraph (5) of subdivision (h). Upon entry of the trial court’s order, a party may, in order to obtain appellate review of the order, file a petition within 20 days after service upon it of a written notice of the entry of the order, or within such further time not exceeding an additional 20 days as the trial court may for good cause allow, or may appeal the judgment or order of the trial court under Section 904.1 of the Code of Civil Procedure. If the local agency appeals the judgment of the trial court, the local agency shall post a bond, in an amount to be determined by the court, to the benefit of the plaintiff if the plaintiff is the project applicant.
</html:p>
<html:p>
(2)
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(A)
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A disapproval within the meaning of subparagraph (I) of paragraph (6) of subdivision (h) shall be final for purposes of this subdivision, if the local agency did not make a lawful determination within the time period set forth in paragraph (5) of subdivision (a) of Section 65589.5.1 after the applicant’s timely written notice.
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<html:p>
(B)
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This paragraph shall become inoperative on January 1, 2031.
</html:p>
<html:p>
(3)
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(A)
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A disapproval within the meaning of subparagraph (J) of paragraph (6) of subdivision (h) shall be final for purposes of this subdivision, if the local agency did not make a lawful determination within 90 days of the applicant’s timely written notice.
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<html:p>
(B)
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This paragraph shall become inoperative on January 1, 2031.
</html:p>
<html:p>
(n)
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In any action, the record of the proceedings before the local agency shall be filed as expeditiously as possible and, notwithstanding Section 1094.6 of the Code of Civil Procedure or subdivision (m) of this section, all or part of the record may be prepared (1) by the petitioner with the petition or petitioner’s points and authorities, (2) by the respondent with respondent’s points and authorities, (3) after payment of costs by the petitioner, or (4) as otherwise directed by the court. If the expense of preparing the record has been borne by the petitioner and the petitioner is the prevailing party, the expense shall be taxable as costs.
</html:p>
<html:p>
(o)
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(1)
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Subject to paragraphs (2), (6), and (7), and subdivision (d) of Section 65941.1, a housing development project shall be subject only to the ordinances, policies, and standards adopted and in effect when a preliminary application including all of the information required by subdivision (a) of Section 65941.1 was submitted.
</html:p>
<html:p>
(2)
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Paragraph (1) shall not prohibit a housing development project from being subject to ordinances, policies, and standards adopted after the preliminary application was submitted pursuant to Section 65941.1 in the following circumstances:
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<html:p>
(A)
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In the case of a fee, charge, or other monetary exaction, to an increase resulting from an automatic annual adjustment based on an independently published cost index that is referenced in the ordinance
or resolution establishing the fee or other monetary exaction.
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<html:p>
(B)
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A preponderance of the evidence in the record establishes that subjecting the housing development project to an ordinance, policy, or standard beyond those in effect when a preliminary application was submitted is necessary to mitigate or avoid a specific, adverse impact upon the public health or safety, as defined in subparagraph (A) of paragraph (1) of subdivision (j), and there is no feasible alternative method to satisfactorily mitigate or avoid the adverse impact.
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<html:p>
(C)
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Subjecting the housing development project to an ordinance, policy, standard, or any other measure, beyond those in effect when a preliminary application was submitted is necessary to avoid or substantially lessen an impact of the project under
the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).
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<html:p>
(D)
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The housing development project has not commenced construction within two and one-half years, or three and one-half years for an affordable housing project, following the date that the project received final approval. For purposes of this subparagraph:
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<html:p>
(i)
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“Affordable housing project” means a housing development that satisfies both of the following requirements:
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<html:p>
(I)
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Units within the development are subject to a recorded affordability restriction for at least 55 years for rental housing and 45 years for owner-occupied housing, or the first purchaser of each unit participates in an equity sharing agreement
as described in subparagraph (C) of paragraph (2) of subdivision (c) of Section 65915.
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<html:p>
(II)
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All of the units within the development, excluding managers’ units, are dedicated to lower income households, as defined by Section 50079.5 of the Health and Safety Code.
</html:p>
<html:p>
(ii)
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“Final approval” means that the housing development project has received all necessary approvals to be eligible to apply for, and obtain, a building permit or permits and either of the following is met:
</html:p>
<html:p>
(I)
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The expiration of all applicable appeal periods, petition periods, reconsideration periods, or statute of limitations for challenging that final approval without an appeal, petition, request for reconsideration, or legal challenge having been
filed.
</html:p>
<html:p>
(II)
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If a challenge is filed, that challenge is fully resolved or settled in favor of the housing development project.
</html:p>
<html:p>
(E)
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The housing development project is revised following submittal of a preliminary application pursuant to Section 65941.1 such that the number of residential units or square footage of construction changes by 20 percent or more, exclusive of any increase resulting from the receipt of a density bonus, incentive, concession, waiver, or similar provision, including any other locally authorized program that offers additional density or other development bonuses when affordable housing is provided. For purposes of this subdivision, “square footage of construction” means the building area, as defined by the California Building Standards Code (Title 24 of the
California Code of Regulations).
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
This subdivision does not prevent a local agency from subjecting the additional units or square footage of construction that result from project revisions occurring after a preliminary application is submitted pursuant to Section 65941.1 to the ordinances, policies, and standards adopted and in effect when the preliminary application was submitted.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
For purposes of this subdivision, “ordinances, policies, and standards” includes general plan, community plan, specific plan, zoning, design review standards and criteria, subdivision standards and criteria, and any other rules, regulations, requirements, and policies of a local agency, as defined in Section 66000, including those relating to development impact fees, capacity or connection fees
or charges, permit or processing fees, and other exactions.
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<html:p>
(5)
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This subdivision shall not be construed in a manner that would lessen the restrictions imposed on a local agency, or lessen the protections afforded to a housing development project, that are established by any other law, including any other part of this section.
</html:p>
<html:p>
(6)
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This subdivision shall not restrict the authority of a public agency or local agency to require mitigation measures to lessen the impacts of a housing development project under the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).
</html:p>
<html:p>
(7)
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With respect to completed residential units for which the project approval process is complete and a
certificate of occupancy has been issued, nothing in this subdivision shall limit the application of later enacted ordinances, policies, and standards that regulate the use and occupancy of those residential units, such as ordinances relating to rental housing inspection, rent stabilization, restrictions on short-term renting, and business licensing requirements for owners of rental housing.
</html:p>
<html:p>
(p)
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(1)
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Upon any motion for an award of attorney’s fees pursuant to Section 1021.5 of the Code of Civil Procedure, in a case challenging a local agency’s approval of a housing development project, a court, in weighing whether a significant benefit has been conferred on the general public or a large class of persons and whether the necessity of private enforcement makes the award appropriate, shall give due weight to the degree to
which the local agency’s approval furthers policies of this section, including, but not limited to, subdivisions (a), (b), and (c), the suitability of the site for a housing development, and the reasonableness of the decision of the local agency. It is the intent of the Legislature that attorney’s fees and costs shall rarely, if ever, be awarded if a local agency, acting in good faith, approved a housing development project that satisfies conditions established in paragraph (1), (2), or (3) of subdivision (a) of Section 65589.5.1 or paragraph (1), (2), or (3) of subdivision (a) of Section 65589.5.2.
</html:p>
<html:p>
(2)
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This subdivision shall become inoperative on January 1, 2031.
</html:p>
<html:p>
(q)
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This section shall be known, and may be cited, as the Housing Accountability Act.
</html:p>
<html:p>
(r)
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The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
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<ns0:Num>SEC. 12.</ns0:Num>
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Section 65905.5 of the
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is amended to read:
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<ns0:Num>65905.5.</ns0:Num>
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(a)
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Notwithstanding any other law, if a proposed housing development project complies with the applicable, objective general plan and zoning standards in effect at the time an application is deemed complete, after the application is deemed complete, a city, county, or city and county shall not conduct more than five hearings pursuant to Section 65905, or any other law, ordinance, or regulation requiring a public hearing in connection with the approval of that housing development project. If the city, county, or city and county continues a hearing subject to this section to another date, the continued hearing shall count as one of the five hearings allowed under this section. The city, county, or city and county shall consider and either
approve or disapprove the application at any of the five hearings allowed under this
section consistent with the applicable timelines under the Permit Streamlining Act (Chapter 4.5 (commencing with Section 65920)).
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
For purposes of this section:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
“Deemed complete” means that the application has met all of the requirements specified in the relevant list compiled pursuant to Section 65940 that was available at the time when the application was submitted.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
“Hearing” includes any public hearing, workshop, or similar meeting, including any appeal, conducted by the city or county with respect to the housing development project, including any meeting relating to Section 65915, whether by the legislative body of the city or county, the planning agency established pursuant to Section 65100,
or any other agency, department, board, commission, or any other designated hearing officer or body of the city or county, or any committee or subcommittee thereof. “Hearing” does not include a hearing to review a legislative approval, including any appeal, required for a proposed housing development project, including, but not limited to, a general plan amendment, a specific plan adoption or amendment, or a zoning amendment, or any hearing arising from a timely appeal of the approval or disapproval of a legislative approval.
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<html:p>
(3)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
“Housing development project” has the same meaning as defined in paragraph (2) of subdivision (h) of Section 65589.5.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
“Housing development project” includes, but is not limited to, projects that involve no discretionary approvals
and projects that involve both discretionary and nondiscretionary approvals.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
“Housing development project” includes a proposal to construct a single dwelling unit. This subparagraph shall not affect the interpretation of the scope of paragraph (2) of subdivision (h) of Section 65589.5.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
For purposes of this section, a housing development project shall be deemed consistent, compliant, and in conformity with an applicable plan, program, policy, ordinance, standard, requirement, or other similar provision if there is substantial evidence that would allow a reasonable person to conclude that the housing development project is consistent, compliant, or in conformity. The receipt of a density bonus including any incentives, concessions, or waivers
pursuant to Section 65915 shall not constitute a valid basis on which to find that a proposed housing development project is inconsistent, not in compliance, or not in conformity, with an applicable plan, program, policy, ordinance, standard, requirement, or other similar provision.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A proposed housing development project is not inconsistent with the applicable zoning standards and criteria, and shall not require a rezoning, if the housing development project is consistent with the objective general plan standards and criteria, but the zoning for the project site is inconsistent with the general plan. If the local agency complies with the written documentation requirements of paragraph (2) of subdivision (j) of Section 65589.5, the local agency may require the proposed housing development project to comply with the objective standards and
criteria of the zoning that is consistent with the general plan; however, the standards and criteria shall be applied to facilitate and accommodate development at the density allowed on the site by the general plan and proposed by the proposed housing development project.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
Nothing in this section supersedes, limits, or otherwise modifies the requirements of, or the standards of review pursuant to, Division 13 (commencing with Section 21000) of the Public Resources Code.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
The amendments to subdivisions (b) and (c) made by the act adding this subdivision do not constitute a change in, but are declaratory of, existing law. However, the amendments to this section in subparagraph (B) of paragraph (3) of subdivision (b) shall not affect a project for which an application
was submitted to the city, county, or city and county before January 1, 2022.
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<ns0:Num>SEC. 13.</ns0:Num>
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Section 65913.10 of the
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is amended to read:
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<ns0:Num>65913.10.</ns0:Num>
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<html:p>
(a)
<html:span class="EnSpace"/>
For purposes of any state or local law, ordinance, or regulation that requires the city or county to determine whether the site of a proposed housing development project is a historic site, the city or county shall make that determination at the time the application for the housing development project is deemed complete. A determination as to whether a parcel of property is a historic site shall remain valid during the pendency of the housing development project for which the application was made unless any archaeological, paleontological, or tribal cultural resources are encountered during any grading, site disturbance, or building alteration activities.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
For purposes of
this section:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
“Deemed complete” means that the application has met all of the requirements specified in the relevant list compiled pursuant to Section 65940 that was available at the time when the application was submitted.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
“Housing development project” has the same meaning as defined in paragraph (3) of subdivision (b) of Section 65905.5.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Nothing in this section supersedes, limits, or otherwise modifies the requirements of, or the standards of review pursuant to, Division 13 (commencing with Section 21000) of the Public Resources Code.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Nothing in this section supersedes, limits, or otherwise modifies the requirements
of the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code).
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_8C3ACDAD-D82A-4BCB-9BC8-1C520513B18B">
<ns0:Num>SEC. 14.</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'4.5.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'65928.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 65928 of the
<ns0:DocName>Government Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_69272F03-3F81-4DC8-8E12-C5442E7F7ED5">
<ns0:Num>65928.</ns0:Num>
<ns0:LawSectionVersion id="id_CE54DD25-0131-4620-A5A7-079135408B6B">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
“Development project” means any project undertaken for the purpose of development. “Development project” includes a project involving the issuance of a permit for construction or reconstruction but not a permit to operate.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Except as otherwise provided in subparagraph (B), “development project” does not include any ministerial projects proposed to be carried out or approved by public agencies.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Notwithstanding subparagraph (A), “development project” includes a housing development project that requires an entitlement from a local agency, regardless of whether the
process for permitting that entitlement is discretionary or ministerial.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
“Development project” does not include a postentitlement phase permit, as that term is defined in Section 65913.3.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_81197F87-02AD-43DC-804B-A710F7E074D3">
<ns0:Num>SEC. 15.</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'4.5.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'3.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'65940.'%5D)" ns3:label="fractionType: LAW_SECTION||version: Amended (as amended by Stats. 2021, Ch. 161, Sec. 4) by Stats. 2023, Ch. 754, Sec. 3. [id_a00f0095-8566-11ee-bcfe-9f16e66157a6]" ns3:type="locator">
Section 65940 of the
<ns0:DocName>Government Code</ns0:DocName>
, as
amended by Section 3 of Chapter 754 of the Statutes of 2023, is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_31D1FEE6-FC3E-4878-9F73-C599CC185985">
<ns0:Num>65940.</ns0:Num>
<ns0:LawSectionVersion id="id_FB3E2DDF-B51D-45B0-9043-7722A436402C">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Each public agency shall compile one or more lists that shall specify in detail the information that will be required from any applicant for a development project. Each public agency shall revise the list of information required from an applicant to include a certification of compliance with Section 65962.5, and the statement of application required by Section 65943. Copies of the information, including the statement of application required by Section 65943, shall be made available to all applicants for development projects and to any person who requests the information.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
An affected city or affected county, as defined in Section 66300, shall include
the information necessary to determine compliance with the requirements of Article 2 (commencing with Section 66300.5) of Chapter 12 in the list compiled pursuant to paragraph (1).
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The list of information required from any applicant shall include, where applicable, identification of whether the proposed project is located within 1,000 feet of a military installation, beneath a low-level flight path or within special use airspace as defined in Section 21098 of the Public Resources Code, and within an urbanized area as defined in Section 65944.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
A public agency that is not beneath a low-level flight path or not within special use airspace and does not contain a military installation is not required to change its list of information required from
applicants to comply with subdivision (b).
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A public agency that is entirely urbanized, as defined in subdivision (e) of Section 65944, with the exception of a jurisdiction that contains a military installation, is not required to change its list of information required from applicants to comply with subdivision (b).
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
For purposes of this section, “development project” includes a housing development project as defined in paragraph (3) of subdivision (b) of Section 65905.5.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_99073DE7-2160-49D4-8EEC-D685E775EE85">
<ns0:Num>SEC. 16.</ns0:Num>
<ns0:ActionLine action="IS_REPEALED" 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'4.5.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'3.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'65940.'%5D)" ns3:label="fractionType: LAW_SECTION||version: Amended (as added by Stats. 2019, Ch. 654, Sec. 7) by Stats. 2021, Ch. 161, Sec. 5. [id_b6d17a5c-5ea1-11ec-9d2f-c3e210bbbdff]" ns3:type="locator">
Section 65940 of the
<ns0:DocName>Government
Code</ns0:DocName>
, as amended by Section 5 of Chapter 161 of the Statutes of 2021, is repealed.
</ns0:ActionLine>
<ns0:Fragment/>
</ns0:BillSection>
<ns0:BillSection id="id_0707142D-F289-4FCB-A637-B6E10BEFCE56">
<ns0:Num>SEC. 17.</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'4.5.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'3.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'65941.1.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 65941.1 of the
<ns0:DocName>Government Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_F11719DA-532E-4E6C-B098-E1FC8F313F77">
<ns0:Num>65941.1.</ns0:Num>
<ns0:LawSectionVersion id="id_234B1F34-F54A-474F-B650-3B7E4E299957">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
An applicant for a housing development project, as defined in paragraph (3) of subdivision (b) of Section 65905.5, shall be deemed to have submitted a preliminary application upon providing all of the following information about the proposed project to the city, county, or city and county from which approval for the project is being sought and upon payment of the permit processing fee:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The specific location, including parcel numbers, a legal description, and site address, if applicable.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The existing uses on the project site and identification of major physical alterations to the property on which the project
is to be located.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
A site plan showing the location on the property, elevations showing design, color, and material, and the massing, height, and approximate square footage, of each building that is to be occupied.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The proposed land uses by number of units and square feet of residential and nonresidential development using the categories in the applicable zoning ordinance.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
The proposed number of parking spaces.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
Any proposed point sources of air or water pollutants.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
Any species of special concern known to occur on the property.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
Whether a portion of the property is located within any of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
A very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Section 51178.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
A hazardous waste site that is listed pursuant to Section 65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Article 5 (commencing with Section 78760) of Chapter 4 of Part 2 of Division 45 of the Health and Safety Code.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
A special flood hazard area subject to inundation
by the 1 percent annual chance flood (100-year flood) as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
A delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law (Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code), and by any local building department under Chapter 12.2 (commencing with Section 8875) of Division 1 of Title 2.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
A stream or other resource that may be subject to a streambed
alteration agreement pursuant to Chapter 6 (commencing with Section 1600) of Division 2 of the Fish and Game Code.
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
Any historic or cultural resources known to exist on the property.
</html:p>
<html:p>
(10)
<html:span class="EnSpace"/>
The number of proposed below market rate units and their affordability levels.
</html:p>
<html:p>
(11)
<html:span class="EnSpace"/>
The number of bonus units and any incentives, concessions, waivers, or parking reductions requested pursuant to Section 65915.
</html:p>
<html:p>
(12)
<html:span class="EnSpace"/>
Whether any approvals under the Subdivision Map Act, including, but not limited to, a parcel map, a tentative map, or a condominium map, are being requested.
</html:p>
<html:p>
(13)
<html:span class="EnSpace"/>
The applicant’s contact information and, if the
applicant does not own the property, consent from the property owner to submit the application.
</html:p>
<html:p>
(14)
<html:span class="EnSpace"/>
For a housing development project proposed to be located within the coastal zone, whether any portion of the property contains any of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Wetlands, as defined in subdivision (b) of Section 13577 of Title 14 of the California Code of Regulations.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Environmentally sensitive habitat areas, as defined in Section 30240 of the Public Resources Code.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
A tsunami run-up zone.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Use of the site for public access to or along the coast.
</html:p>
<html:p>
(15)
<html:span class="EnSpace"/>
The number of existing residential units on the project site that will be demolished and whether each existing unit is occupied or unoccupied.
</html:p>
<html:p>
(16)
<html:span class="EnSpace"/>
A site map showing a stream or other resource that may be subject to a streambed alteration agreement pursuant to Chapter 6 (commencing with Section 1600) of Division 2 of the Fish and Game Code and an aerial site photograph showing existing site conditions of environmental site features that would be subject to
regulations by a public agency, including creeks and wetlands.
</html:p>
<html:p>
(17)
<html:span class="EnSpace"/>
The location of any recorded public easement, such as easements for storm drains, water lines, and other public rights of way.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
A development proponent that submits a preliminary application providing the information required by subdivision (a) may include in its preliminary application a request for a preliminary fee and exaction estimate, which the city, county, or city and county shall provide within 30 business days of the submission of the preliminary application.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
For development fees imposed by an agency other than a city, county, or city and county, including fees levied by a school district or a
special district, the development proponent shall request the fee schedule from the agency that imposes the fee, and
the agency that imposes the fee shall provide the fee schedule to the development proponent without delay.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
For purposes of this subdivision:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
“Exaction” has the same meaning as defined in Section 65940.1.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
“Fee” means a fee or charge described in the Mitigation Fee Act (Chapter 5 (commencing with Section 66000), Chapter 6 (commencing with Section 66010), Chapter 8 (commencing with Section 66016), and Chapter 9 (commencing with Section 66020)).
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Notwithstanding clause (i), “fee” does not include either of the following:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
The cost of providing
electrical or gas service from a local publicly owned utility.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
A charge imposed on a housing development project to comply with the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
“Fee and exaction estimate” means a good faith estimate of the total amount of fees and exactions expected to be imposed in connection with the project.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Except for the provision of the fee and exaction estimate by the local agency, nothing in this subdivision shall create or affect any rights or obligations with respect to fees or exactions.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
The fee and exaction estimate shall be for informational purposes
only and shall not be legally binding or otherwise affect the scope, amount, or time of payment of any fee or exaction that is determined by other provisions of law.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
A development proponent may request a fee schedule from a city, county, or special district for fees described in Chapter 7 (commencing with Section 66012), or for the cost of providing electrical or gas service from a local publicly owned utility. The city, county, special district, or local publicly owned utility shall provide the fee schedule upon request.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Each local agency shall compile a checklist and application form that applicants for housing development projects may use for the purpose of satisfying the requirements for submittal of a preliminary application.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The Department of Housing and Community Development shall adopt a standardized form that applicants for housing development projects may use for the purpose of satisfying the requirements for submittal of a preliminary application if a local agency has not developed its own application form pursuant to paragraph (1). Adoption of the standardized form shall not be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
A checklist or form shall not require or request any information beyond that expressly identified in subdivision (a).
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
After submittal of all of the information required by subdivision (a), if the development proponent revises the project such
that the number of residential units or square footage of construction changes by 20 percent or more, exclusive of any increase resulting from the receipt of a density bonus, incentive, concession, waiver, or similar provision, the housing development project shall not be deemed to have submitted a preliminary application that satisfies this section until the development proponent resubmits the information required by subdivision (a) so that it reflects the revisions. For purposes of this subdivision, “square footage of construction” means the building area, as defined by the California Building Standards Code (Title 24 of the California Code of Regulations).
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Within 180 calendar days after submitting a preliminary application with all of the information required by subdivision (a) to a city, county, or city and
county, the development proponent shall submit an application for a development project that includes all of the information required to process the development application consistent with Sections 65940, 65941, and 65941.5.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
If the public agency determines that the application for the development project is not complete pursuant to Section 65943, the development proponent shall submit the specific information needed to complete the application within 90 days of receiving the agency’s written identification of the necessary information. If the development proponent does not submit this information within the 90-day period, then the preliminary application shall expire and have no further force or effect.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
This section shall not require an affirmative determination by a
city, county, or city and county regarding the completeness of a preliminary application or a development application for purposes of compliance with this section.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
Notwithstanding any other law, submission of a preliminary application in accordance with this section shall not preclude the listing of a tribal cultural resource on a national, state, tribal, or local historic register list on or after the date that the preliminary application is submitted. For purposes of Section 65589.5 or any
other law, the listing of a tribal cultural site on a national, state, tribal, or local historic register on or after the date the preliminary application was submitted shall not be deemed to be a change to the ordinances, policies, and standards adopted and in effect at the time that the preliminary application was submitted.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_0A806345-93AB-4675-8166-AE3B8EC8A934">
<ns0:Num>SEC. 18.</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'4.5.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'3.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'65943.'%5D)" ns3:label="fractionType: LAW_SECTION||version: Amended (as amended by Stats. 2019, Ch. 654, Sec. 9) by Stats. 2021, Ch. 161, Sec. 7. [id_c2220dd2-5ea1-11ec-9d2f-c3e210bbbdff]" ns3:type="locator">
Section 65943 of the
<ns0:DocName>Government Code</ns0:DocName>
, as
amended by Section 7 of Chapter 161 of the Statutes of 2021, is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_77007B1F-3A38-4366-B4FF-849850BA326C">
<ns0:Num>65943.</ns0:Num>
<ns0:LawSectionVersion id="id_7D39A686-04F3-404E-852C-C165648137D0">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Not later than 30 calendar days after any public agency has received an application for a development project, the agency shall determine in writing whether the application is complete and shall immediately transmit the determination to the applicant for the development project. If the application is determined to be incomplete, the lead agency shall provide the applicant with an exhaustive list of items that were not complete. That list shall be limited to those items actually required on the lead agency’s submittal requirement checklist. In any subsequent review of the application determined to be incomplete, the local agency shall not request the applicant to provide any new information that was not stated in the initial list of items
that were not complete. If the written determination is not made within 30 days after receipt of the application, and the application includes a statement that it is an application for a development permit, the application shall be deemed complete for purposes of this chapter. Upon receipt of any resubmittal of the application, a new 30-day period shall begin, during which the public agency shall determine the completeness of the application. If the application is determined not to be complete, the agency’s determination shall specify those parts of the application which are incomplete and shall indicate the manner in which they can be made complete, including a list and thorough description of the specific information needed to complete the application. The applicant shall submit materials to the public agency in response to the list and description.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Not later than 30 calendar days after receipt of the submitted materials described in subdivision (a), the public agency shall determine in writing whether the application as supplemented or amended by the submitted materials is complete and shall immediately transmit that determination to the applicant. In making this determination, the public agency is limited to determining whether the application as supplemented or amended includes the information required by the list and a thorough description of the specific information needed to complete the application required by subdivision (a). If the written determination is not made within that 30-day period, the application together with the submitted materials shall be deemed complete for purposes of this chapter.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
If the application together with the submitted materials are determined
not to be complete pursuant to subdivision (b), the public agency shall provide a process for the applicant to appeal that decision in writing to the governing body of the agency or, if there is no governing body, to the director of the agency, as provided by that agency. A city or county shall provide that the right of appeal is to the governing body or, at their option, the planning commission, or both.
</html:p>
<html:p>There shall be a final written determination by the agency on the appeal not later than 60 calendar days after receipt of the applicant’s written appeal. The fact that an appeal is permitted to both the planning commission and to the governing body does not extend the 60-day period. Notwithstanding a decision pursuant to subdivision (b) that the application and submitted materials are not complete, if the final written determination on the appeal is not
made within that 60-day period, the application with the submitted materials shall be deemed complete for the purposes of this chapter.</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
Nothing in this section precludes an applicant and a public agency from mutually agreeing to an extension of any time limit provided by this section.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
A public agency may charge applicants a fee not to exceed the amount reasonably necessary to provide the service required by this section. If a fee is charged pursuant to this section, the fee shall be collected as part of the application fee charged for the development permit.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
Each city and each county shall make copies of any list compiled pursuant to Section 65940 with respect to information required from an applicant
for a housing development project, as that term is defined in paragraph (2) of subdivision (h) of Section 65589.5, available both (1) in writing to those persons to whom the agency is required to make information available under subdivision (a) of that section, and (2) publicly available on the internet website of the city or county.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
For purposes of this section, “development project” includes a housing development project as defined in paragraph (3) of subdivision (b) of Section 65905.5.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_37515C41-74C2-4CBB-A9E5-EE0CD74EF1FE">
<ns0:Num>SEC. 19.</ns0:Num>
<ns0:ActionLine action="IS_REPEALED" 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'4.5.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'3.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'65943.'%5D)" ns3:label="fractionType: LAW_SECTION||version: Amended (as added by Stats. 2019, Ch. 654, Sec. 10) by Stats. 2021, Ch. 161, Sec. 8. [id_c60d2ab4-5ea1-11ec-9d2f-c3e210bbbdff]" ns3:type="locator">
Section 65943 of the
<ns0:DocName>Government Code</ns0:DocName>
, as
amended by Section 8 of Chapter 161 of the Statutes of 2021, is repealed.
</ns0:ActionLine>
<ns0:Fragment/>
</ns0:BillSection>
<ns0:BillSection id="id_2F53848D-91AF-4F71-A5AD-081520F2E9DE">
<ns0:Num>SEC. 20.</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'4.5.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'5.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'65950.'%5D)" ns3:label="fractionType: LAW_SECTION||version: Amended (as amended by Stats. 2019, Ch. 654, Sec. 11) by Stats. 2021, Ch. 161, Sec. 9. [id_c9ca0ba6-5ea1-11ec-9d2f-c3e210bbbdff]" ns3:type="locator">
Section 65950 of the
<ns0:DocName>Government
Code</ns0:DocName>
, as amended by Section 9 of Chapter 161 of the Statutes of 2021, is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_AAEE83B1-6AB6-4072-AF5C-EEFED964FD93">
<ns0:Num>65950.</ns0:Num>
<ns0:LawSectionVersion id="id_58ADBA49-1D34-4A03-8821-CE0C5B6F2085">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
A public agency that is the lead agency for a development project shall approve or disapprove the project within whichever of the following periods is applicable:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
One hundred eighty days from the date of certification by the lead agency of the environmental impact report, if an environmental impact report is prepared pursuant to Section 21100 or 21151 of the Public Resources Code for the development project.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Ninety days from the date of certification by the lead agency of the environmental impact report, if an environmental impact report is prepared pursuant to Section 21100 or 21151 of the Public Resources Code
for a development project defined in subdivision (c).
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Sixty days from the date of certification by the lead agency of the environmental impact report, if an environmental impact report is prepared pursuant to Section 21100 or 21151 of the Public Resources Code for a development project defined in subdivision (c) and all of the following conditions are met:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
At least 49 percent of the units in the development project are affordable to very low or low-income households, as defined by Sections 50105 and 50079.5 of the Health and Safety Code, respectively. Rents for the lower income units shall be set at an affordable rent, as that term is defined in Section 50053 of the Health and Safety Code, for at least 30 years. Owner-occupied units shall be available at an affordable
housing cost, as that term is defined in Section 50052.5 of the Health and Safety Code.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Prior to the application being deemed complete for the development project pursuant to Article 3 (commencing with Section 65940), the lead agency received written notice from the project applicant that an application has been made or will be made for an allocation or commitment of financing, tax credits, bond authority, or other financial assistance from a public agency or federal agency, and the notice specifies the financial assistance that has been applied for or will be applied for and the deadline for application for that assistance, the requirement that one of the approvals of the development project by the lead agency is a prerequisite to the application for or approval of the application for financial assistance, and that the financial
assistance is necessary for the project to be affordable as required pursuant to subparagraph (A).
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
There is confirmation that the application has been made to the public agency or federal agency prior to certification of the environmental impact report.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Sixty days from the date of adoption by the lead agency of the negative declaration, if a negative declaration is completed and adopted for the development project.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Sixty days from the determination by the lead agency that the project is exempt from the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code), if the project is exempt from that act.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
Sixty days from the date of receipt of a complete application if the project is subject to ministerial review by the public agency.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
This section does not preclude a project applicant and a public agency from mutually agreeing in writing to an extension of any time limit provided by this section pursuant to Section 65957.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
For purposes of paragraphs (2) and (3) of subdivision (a) and Section 65952, “development project” means a housing development project, as defined in paragraph (3) of subdivision (b) of Section 65905.5.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
For purposes of this section, “lead agency” and “negative declaration” have the same meaning as defined in Sections 21067 and 21064 of the Public Resources Code,
respectively.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_0A8EBF4B-7E96-4787-9CA7-C25E236CA323">
<ns0:Num>SEC. 21.</ns0:Num>
<ns0:ActionLine action="IS_REPEALED" 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'4.5.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'5.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'65950.'%5D)" ns3:label="fractionType: LAW_SECTION||version: Amended (as added by Stats. 2019, Ch. 654, Sec. 12) by Stats. 2021, Ch. 161, Sec. 10. [id_cdfda338-5ea1-11ec-9d2f-c3e210bbbdff]" ns3:type="locator">
Section 65950 of the
<ns0:DocName>Government Code</ns0:DocName>
,
as amended by Section 10 of Chapter 161 of the Statutes of 2021, is repealed.
</ns0:ActionLine>
<ns0:Fragment/>
</ns0:BillSection>
<ns0:BillSection id="id_CA5A448C-3E52-43E2-A6EF-25BE2713B9DC">
<ns0:Num>SEC. 22.</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'4.5.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'5.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'65953.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 65953 of the
<ns0:DocName>Government Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_72EDB093-80F3-47C0-AA07-EF7813BE7983">
<ns0:Num>65953.</ns0:Num>
<ns0:LawSectionVersion id="id_71D5B360-9614-4816-B1C2-A89D18F9B865">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
All time limits specified in this article are maximum time limits for approving or disapproving development projects. All public agencies shall, if possible, approve or disapprove development projects in shorter periods of time.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
All time limits specified in this article shall only apply to the extent that the time limits are equal to or shorter than the applicable time limits for public agency review established in any other law.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_F570A9FD-B0E7-411D-A3CC-821EE68E26AB">
<ns0:Num>SEC. 23.</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'4.5.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'5.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'65956.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 65956 of the
<ns0:DocName>Government Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_30B028EF-137E-4786-A8E3-604315E86749">
<ns0:Num>65956.</ns0:Num>
<ns0:LawSectionVersion id="id_12859FE7-EC10-4526-A6DD-2A0885A35ACA">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
If any provision of law requires the lead agency or responsible agency to provide public notice of the development project or to hold a public hearing, or both, on the development project and the agency has not provided the public notice or held the hearing, or both, at least 60 days prior to the expiration of the time limits established by Sections 65950 and 65952, the applicant or the applicant’s representative may file an action pursuant to Section 1085 of the Code of Civil Procedure to compel the agency to provide the public notice or hold the hearing, or both, and the court shall give the proceedings preference over all other civil actions or proceedings, except older matters of the same character.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
In the event that a lead agency or a responsible agency fails to act to approve or to disapprove a development project within the time limits required by this article, the failure to act shall be deemed approval of the permit application for the development project.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Failure of an applicant to submit complete or adequate information pursuant to Sections 65943 to 65944, inclusive, may constitute grounds for disapproving a development project.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
Nothing in this section shall diminish the permitting agency’s legal responsibility to provide, where applicable, public notice and hearing before acting on a permit application.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_58101960-EC51-400A-BF19-43209A7C41BA">
<ns0:Num>SEC. 24.</ns0:Num>
<ns0:ActionLine action="IS_REPEALED" 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'12.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'3.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'66301.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 66301 of the
<ns0:DocName>Government Code</ns0:DocName>
is repealed.
</ns0:ActionLine>
<ns0:Fragment/>
</ns0:BillSection>
<ns0:BillSection id="id_F8B54E42-121B-418D-9592-F7B45E2F8EC0">
<ns0:Num>SEC. 25.</ns0:Num>
<ns0:ActionLine action="IS_ADDED" ns3:href="urn:caml:codes:PRC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2F%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'25402.15'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 25402.15 is added to the
<ns0:DocName>Public Resources Code</ns0:DocName>
, to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_E2BD4AB7-16AD-4CA8-B491-D88B1A23B851">
<ns0:Num>25402.15.</ns0:Num>
<ns0:LawSectionVersion id="id_742F47E4-F2D6-41F1-ABBE-CDCD716BE709">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
During the triennial update of the building energy efficiency standards specified in Part 6 (commencing with Section 100.0) of, and in Part 11 (commencing with Section 101) of, Title 24 of the California Code of Regulations that begins on or after January 1, 2026, the commission shall review measures used to achieve a precise level of energy efficiency within a specific level of comfort, including, but not limited to, both of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Measures that make effective use of the sun, internal heat sources, and heat recovery.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Measures that make effective use of cooling
techniques, including strategic shading during summer to keep temperatures within comfortable limits.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
On or before January 1, 2030, the commission shall report and make recommendations to the Legislature on how these measures could be incorporated into the building energy efficiency standards during their next available update. The recommendations to the Legislature shall include, but not be limited to, an analysis of potential energy efficiency cost savings.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The report to be submitted pursuant to this section shall be submitted in compliance with Section 9795 of the Government Code.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
This section shall remain in effect only until January 1, 2030, and as of that date is repealed.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_C6D08013-8178-483B-A017-2AD69A0B1647">
<ns0:Num>SEC. 26.</ns0:Num>
<ns0:ActionLine action="IS_ADDED" ns3:href="urn:caml:codes:PRC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2F%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'30342'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 30342 is added to the
<ns0:DocName>Public Resources Code</ns0:DocName>
, to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_F88579A7-7372-4BD9-AEA6-F4C0359EE8C1">
<ns0:Num>30342.</ns0:Num>
<ns0:LawSectionVersion id="id_2B3A994A-6A66-4D8B-A32C-C665C40E59BE">
<ns0:Content>
<html:p>No later than July 1, 2027, the commission shall create an electronic submission process and accept a submission from any applicant pursuant to this division through electronic mail or other electronic means.</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_19099B6E-128C-4D3E-A393-B92080264EE0">
<ns0:Num>SEC. 27.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:PRC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'20.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'7.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'1.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'30603.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 30603 of the
<ns0:DocName>Public Resources Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_5AA37ABA-E773-497B-9517-EA67407B7D57">
<ns0:Num>30603.</ns0:Num>
<ns0:LawSectionVersion id="id_7B32E734-0C9F-4D1D-A9E2-24C2A9EE9CE3">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
After certification of its local coastal program, an action taken by a local government on a coastal development permit application may be appealed to the commission for only the following types of developments:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Developments approved by the local government between the sea and the first public road paralleling the sea or within 300 feet of the inland extent of any beach or of the mean high tideline of the sea where there is no beach, whichever is the greater distance.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Developments approved by the local government not included within paragraph (1) that are located on tidelands, submerged lands, public trust lands, within 100 feet of any wetland, estuary, or stream, or within 300 feet of
the top of the seaward face of any coastal bluff.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Developments approved by the local government not included within paragraph (1) or (2) that are located in a sensitive coastal resource area.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
This paragraph shall not apply to a residential project.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Any development approved by a coastal county that is not designated as the principal permitted use under the zoning ordinance or zoning district map approved pursuant to Chapter 6 (commencing with Section 30500).
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
This paragraph shall not apply to a residential project.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
For purposes of this paragraph, “coastal county” shall not include a local government that is both a city and county.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Any development that constitutes a major public works project or a major energy facility.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The grounds for an appeal pursuant to subdivision (a) shall be limited to an allegation that the development does not conform to the standards set forth in
the certified local coastal program or the public access policies set forth in this division.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The grounds for an appeal of a denial of a permit pursuant to paragraph (5) of subdivision (a) shall be limited to an allegation that the development conforms to the standards set forth in the certified local coastal program and the public access policies set forth in this division.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
An action described in subdivision (a) shall become final at the close of business on the 10th working day from the date of receipt by the commission of the notice of the local government’s final action, unless an appeal is submitted within that time. Regardless of whether an appeal is submitted, the local government’s action shall become final if an appeal fee is imposed pursuant to subdivision (d) of Section 30620 and is not deposited with the commission within the time prescribed.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
A local government taking an action on a coastal development permit shall send notification of its final action to the commission by certified mail, or by electronic mail pursuant to paragraph (2), within seven calendar days from the date of taking the action.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
In order for a local government to notify the commission via electronic mail of an action on a coastal development permit, the notification shall be sent from a verifiable local government electronic mail account, and shall be received in the electronic mailbox designated by the commission on its internet website for receipt of that notification.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
For the purposes of determining the 10th working day from the date of receipt of notice by the commission under subdivision (c), notice received by the
commission by electronic mail after the close of business shall be considered received on the next working day.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Notwithstanding Section 10231.5 of the Government Code, the commission shall submit an annual report to the Legislature that includes all of the following information for the preceding year:
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<html:p>
(A)
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The number of residential projects that were appealed to the commission.
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<html:p>
(B)
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The number of residential projects that waived the timelines for acting on an appeal.
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<html:p>
(C)
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The number of residential projects that were approved, approved with conditions, denied, or withdrawn on appeal to the commission.
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<html:p>
(D)
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For each project described in subparagraph (C), the commission shall include all of the following:
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<html:p>
(i)
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A description of the project, including, but not limited to, the number of units in the project, and the percentage of units affordable to low- and moderate-income households.
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<html:p>
(ii)
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The length of time from the appeal to the final decision on each project.
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<html:p>
(iii)
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Any conditions requested or imposed on a project, and the reason for approval, approval with conditions, or denial.
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<html:p>
(2)
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A report to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code.
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<html:p>
(f)
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For the purposes
of this section, “residential project” means a multifamily housing project that consists exclusively of residential uses and includes two or more units.
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<ns0:BillSection id="id_8CFE2FC2-74CF-44CA-B7B1-2267183983FE">
<ns0:Num>SEC. 28.</ns0:Num>
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Section 17053.5 of the
<ns0:DocName>Revenue and Taxation Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_F5CCB677-E92E-4588-B900-5EBADA5140FC">
<ns0:Num>17053.5.</ns0:Num>
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<ns0:Content>
<html:p>
(a)
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(1)
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For a qualified renter, there shall be allowed a credit against the renter’s “net tax,” as defined in Section 17039. The amount of the credit shall be as follows:
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<html:p>
(A)
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For spouses filing joint returns, heads of household, and surviving spouses, as defined in Section 17046, if adjusted gross income is fifty thousand dollars ($50,000) or less, the credit shall be equal to:
</html:p>
<html:p>
(i)
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For taxable years beginning before January 1, 2026, and on and after January 1, 2031, one hundred twenty dollars ($120).
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<html:p>
(ii)
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Except as otherwise provided in subdivision (k), for taxable years beginning on or after January 1, 2026, and before January 1, 2031:
</html:p>
<html:p>
(I)
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Two hundred fifty dollars ($250) if the qualified renter has no dependents as defined in Section 17056.
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<html:p>
(II)
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Five hundred dollars ($500) if the qualified renter has one or more dependents as defined in Section 17056.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
For other individuals,
if adjusted gross income is twenty-five thousand dollars ($25,000) or less, the credit shall be equal to:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
For taxable years beginning before January 1, 2026, and on and after January 1, 2031, sixty dollars ($60).
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Except as otherwise provided in subdivision (k), for taxable years beginning on or after January 1, 2026, and before January 1, 2031:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
Two hundred fifty dollars ($250) if the qualified renter has no dependents as defined in Section 17056.
</html:p>
<html:p>
(II)
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Five hundred dollars ($500) if the qualified renter has one or more dependents as defined in Section 17056.
</html:p>
<html:p>
(2)
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Except as provided in subdivision (b), spouses shall receive
only one credit under this section. If the spouses file separate returns, the credit may be taken by either or equally divided between them, except as follows:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
If one spouse was a resident for the entire taxable year and the other spouse was a nonresident for part or all of the taxable year, the resident spouse shall be allowed one-half the credit allowed to married persons and the nonresident spouse shall be permitted one-half the credit allowed to married persons, prorated as provided in subdivision (e).
</html:p>
<html:p>
(B)
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If both spouses were nonresidents for part of the taxable year, the credit allowed to married persons shall be divided equally between them subject to the proration provided in subdivision (e).
</html:p>
<html:p>
(b)
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For spouses, if each spouse maintained a separate place of
residence and resided in this state during the entire taxable year, each spouse will be allowed one-half the full credit allowed to married persons provided in subdivision (a).
</html:p>
<html:p>
(c)
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For purposes of this section, a “qualified renter” means an individual who satisfies both of the following:
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<html:p>
(1)
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Was a resident of this state, as defined in Section 17014.
</html:p>
<html:p>
(2)
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Rented and occupied premises in this state that constituted the individual’s principal place of residence during at least 50 percent of the taxable year.
</html:p>
<html:p>
(d)
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“Qualified renter” does not include any of the following:
</html:p>
<html:p>
(1)
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An individual who for
more than 50 percent of the taxable year rented and occupied premises that were exempt from property taxes, except that an individual, otherwise qualified, is deemed a qualified renter if the individual or the individual’s landlord pays possessory interest taxes, or the owner of those premises makes payments in lieu of property taxes that are substantially equivalent to property taxes paid on properties of comparable market value.
</html:p>
<html:p>
(2)
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An individual whose principal place of residence for more than 50 percent of the taxable year is with another person who claimed that individual as a dependent for income tax purposes.
</html:p>
<html:p>
(3)
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An individual who has been granted or whose spouse has been granted the homeowners’ property tax exemption during the taxable year. This paragraph does not apply to an
individual whose spouse has been granted the homeowners’ property tax exemption if each spouse maintained a separate residence for the entire taxable year.
</html:p>
<html:p>
(e)
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An otherwise qualified renter who is a nonresident for any portion of the taxable year shall claim the credits set forth in subdivision (a) at the rate of one-twelfth of those credits for each full month that individual resided within this state during the taxable year.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
A person claiming the credit provided in this section shall, as part of that claim, and under penalty of perjury, furnish that information as the Franchise Tax Board prescribes on a form supplied by the board.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
The credit provided in this section shall be claimed on returns in
the form as the Franchise Tax Board may from time to time prescribe.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
For purposes of this section, “premises” means a house or a dwelling unit used to provide living accommodations in a building or structure and the land incidental thereto, but does not include land only, unless the dwelling unit is a mobilehome. The credit is not allowed for any taxable year for the rental of land upon which a mobilehome is located if the mobilehome has been granted a homeowners’ exemption under Section 218 in that year.
</html:p>
<html:p>
(i)
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This section shall become operative on January 1, 1998, and applies to any taxable year beginning on or after January 1, 1998.
</html:p>
<html:p>
(j)
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For each taxable year beginning on or after January 1, 1999, the Franchise Tax
Board shall recompute the adjusted gross income amounts set forth in subdivision (a). The computation shall be made as follows:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The Department of Industrial Relations shall transmit annually to the Franchise Tax Board the percentage change in the California Consumer Price Index for all items from June of the prior calendar year to June of the current year, no later than August 1 of the current calendar year.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The Franchise Tax Board shall compute an inflation adjustment factor by adding 100 percent to the portion of the percentage change figure that is furnished pursuant to paragraph (1) and dividing the result by 100.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The Franchise Tax Board shall multiply the adjusted gross income amount in subparagraph (B)
of paragraph (1) of subdivision (a) for the preceding taxable year by the inflation adjustment factor determined in paragraph (2), and round off the resulting products to the nearest one dollar ($1).
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
In computing the adjusted gross income amounts pursuant to this subdivision, the adjusted gross income amounts provided in subparagraph (A) of paragraph (1) of subdivision (a) shall be twice the amount provided in subparagraph (B) of paragraph (1) of subdivision (a).
</html:p>
<html:p>
(k)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Unless otherwise specified in any bill providing for appropriations related to the Budget Act, for taxable years beginning on or after January 1, 2026, and before January 1, 2031, the amount of credit under clause (ii) of subparagraph (A), and clause (ii) of subparagraph (B), of
paragraph (1) of subdivision (a) shall be zero dollars ($0).
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
For any taxable year for which the amount of the credit under clause (ii) of subparagraph (A), or clause (ii) of subparagraph (B), as applicable, of paragraph (1) of subdivision (a) is zero dollars ($0) pursuant to paragraph (1), the credit amounts set forth in clause (i) of subparagraph (A), or clause (i) of subparagraph (B), as applicable, of paragraph (1) of subdivision (a) for taxable years beginning before January 1, 2026, and on and after January 1, 2031, shall be the credit amounts for a qualified renter for the taxable year.
</html:p>
<html:p>
(
<html:i>l</html:i>
)
<html:span class="EnSpace"/>
For taxable years beginning on or after January 1, 2026, and before January 1, 2031, notwithstanding Section 19611, if
the amount allowable as a credit under this section exceeds the tax liability computed under this part for the taxable year, the excess shall be credited against other amounts due, if any, and the balance, if any, shall be paid from the Tax Relief and Refund Account and refunded to the qualified renter upon appropriation by the Legislature.
</html:p>
<html:p>
(m)
<html:span class="EnSpace"/>
For the purposes of complying with Section 41, the Legislature finds and declares as follows:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The specific goals, purposes, and objectives of this bill are as follows:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
To address the housing affordability crisis in California, as millions of Californians, who are disproportionately lower income and people of color, are making difficult decisions
about paying for housing at the expense of other costs like food, health care, or childcare, as one in three households do not earn enough money to meet their basic needs.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
To compensate low- and middle-income renters who are rent burdened by the increasing rates of rent throughout the State of California.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
To restructure the credit to reflect the disproportionate burden of high rents on single-parent families.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
To stimulate consumer spending and economic growth by providing more disposable income to reinvest in the economy.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
To measure whether the credit achieves its intended purpose, for those taxable years for which the amount of credit under
clause (ii) of subparagraphs (A) and (B) of paragraph (1) of subdivision (a) is not zero dollars ($0), the Franchise Tax Board shall prepare a written report on the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The number of taxpayers claiming the credit.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The average credit amount on tax returns claiming the credit.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The Franchise Tax Board shall provide the written report prepared pursuant to paragraph (2) to the Senate Committee on Budget and Fiscal Review, the Assembly Committee on Budget, the Senate and Assembly Committees on Appropriations, the Senate Committee on Revenue and Taxation, and the Assembly Committee on Revenue and Taxation. The report shall be submitted in compliance with Section 9795 of the Government
Code.
</html:p>
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<ns0:BillSection id="id_FAB019B6-7137-4DA6-8625-490AB9387925">
<ns0:Num>SEC. 29.</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 or because costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII
<html:span class="ThinSpace"/>
B of the California Constitution.
</html:p>
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