HomeMy WebLinkAboutMINUTES - 08132002 - C54 AMENDED IN ASSEMBLY AUGUST 1, 2002
AMENDED IN ASSEMBLY MAY 30, 2002
AMENDED IN SENATE MAY 24, 2001
AMENDED IN SENATE MAY 8, 2001
AMENDED IN SENATE APRIL 24, 2001
AMENDED IN SENATE MARCH 27, 2001
SENATEBILL No. 910
Introduced by Senator Dunn
(Principal coauthors: Assembly Members Lowenthal and Wiggins)
(Coauthors: Senators Burton, Haynes,Kuehl, and Monteith)
February 23, 2001
An act to amend Sections 65582, 65585, affd 65588 65587, 65588,
and 65589.3 of, to add Sections 654 , 6558 6558 6668 4.4,
8 ,5,-ftd66585.5 toaftd to 65584.01, 65584.02, 65584.0 3,
65584.04, 65584.05, and 65585.5 to, and to repeal and add Section
65584 of, the Government Code,relating to general plans.
LE:G€SLAFIVE COUNSEL'S DIGEST
SB 910, as amended, Dunn. General plans: housing elements.
(1) Existing lain requires each city, county, or city and county to
prepare and adopt a general plan.for its jurisdiction that contains certain
mandatary elements, including a housing element. One part of the
housing element is an assessment of housing needs and an.inventory of
resources and constraints relevant to meeting those needs. The
assessment includes the Locality's share of regional housing needs. That
share is determined by the appropriate council of governments, subject
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to revision by the Department of Housing and Community
Development.
This bill would revise the procedures for determining shares of
regional housing needs.
(2) Under existing law,a city,county, or city and county is required
to submit a draft housing element or draft amendment to its housing
element to the Department of Housing and Community Development
for a determination of whether the draft complies with state law
governing housing elements. In an action brought by any party to
review the conformity of a housing element with applicable state law,
a court review shall extend to whether the housing element,or portion
thereof or revision thereto, substantially complies with that law.
This bill would require a court on a finding that there is not
substantial compliance to levy a fine and award attorney fees as
specified. The bill would revise the procedures for the submission and
review of the draft housing element.It would also require the Controller
to levy a fine of aft tmspeeified amaufA $5,000 per month or.$0.2.5 per
month per person in the jurisidiction, whichever is greater, upon a city,
county, or city and county if specified conditions are met. The bill
would provide that all pig fines shall accrue to the Housing
Supply Account, which the bill would create in the Housing
Rehabilitation Loan Fund, and that no money in that account shall be
expended except upon appropriation by the Legislature. By imposing
additional duties upon local officials this bill wouldpese-create a
state-mandated local program.
(3) 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, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these statutory
provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
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The people of the State of California do enact as follo►vs:
1 SECTION 1. Section 65582 of the Government Code is
2 amended to read:
3 65582. As used in this article:
4 (a) "Community," "locality," "local government," or
5 "jurisdiction" means a city, city and county, or county.
6 (b) "Council of governments" means a single or multicounty
7 council created by a joint powers agreement pursuant to Chapter
8 5 (commencing with Section 6500) of Division 1 of Title 1.
9 (c) "Department" means the Department of Housing and
10 Community Development.
11 (d) "Existing and projected regional housing need" means a
12 projection developed for regional and local planning purposes to
13 represent the reasonably anticipated demand for housing within a
14 region during the planning period.
15 (e) "Housing element" or "element" means the housing
16 element of the community's general.plan, as required pursuant to
17 this article and subdivision(c) of Section 65302.
18 (f) "Low- and moderate-income households" means persons
19 and families of low or moderate incomes as defined by Section
20 50093 of the Health and Safety Code.
21 SEC. 2. Section 65584 of the Government Code is repealed.
22 SEC. 3. Section 65584 is added to the Government Code, to
23 read:
24 65584. (a) For purposes of subdivision(a)of Section 65583,
25 the share of a city or county of the regional housing needs shall
26 include that share of the housing need of persons at all income
27 levels within the area significantly affected by the general plan of
28 the city or county. While it is the intent of the Legislature that
29 cities, counties, and eity and eeth4y cities and counties should
30 undertake all necessary actions to encourage, promote, and
31 facilitate the development of housing to accommodate the entire
32 regional housing need, it is recognized, however, that future
33 housing production may not equal regional housing needs
34 established for planning purposes.
35 (b) The Department of Housing and Community
36 Development, in consultation with each council of governments,
37 shall determine each region's existing and projected housing need
38 pursuant to Section 65584.1 at least two years prior to the
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1 scheduled revision required pursuant to Section 65588. The
2 appropriate council of governments, or for cities and counties
3 without a council of governments, the department, shall adopt a
4 final regional housing need plan that allocates a share of the
5 regional housing need to each city, county, or city and county at
6 least one year prior to the scheduled revision for the region
7 required by Section 65588. The allocation plan. prepared by a
8 council of governments shall be prepared pursuant to Sections
9v 65584.04 and 65584.05 with the advice of
10 the department. Notwithstanding any other provision of law, the
11 due dates for the determinations of the department or for the
12 councils of governments, respectively, regarding the regional
13 housing need may be extended by not more than 60 days if the
14 extension will enable access to more recent critical population or
15 housing data from a pending or recent release of the United States
16 Census Bureau or the Department of Finance. If the due date for
17 the determination of the department or the council of governments
18 is extended for this reason, the department shall extend the
19 corresponding housing element revision deadline pursuant to
20 Section 65588 by not more than.60 days.
21 (c) During the period between the final acceptance of a regional
22 housing need allocation plan by the department and the due date
23 of the subsequent allocation plan for the next planning cycle, the
24 council of governments, or the department for cities and counties
25 without a council of governments, shall reduce the share of
26 regional housing needs of a county if all of the following
27 conditions are met:
28 (1) One or more cities within the county agree to increase its
29 share or their shares in an amount that will make up for the
30 reduction.
31 (2) The transfer of shares shall only occur between a county and
32 cities within that county.
33 (3) The county's share of low-income and very low income
34 housing shall be reduced only in proportion to the amount by
35 which the county's share of moderate- and above
36 moderate-income housing is reduced.
37 (4) The council of governments or the department, whichever
38 assigned the county's share, shall have authority over the approval
39 of the proposed reduction, taking into consideration the criteria
40 that were used to make the initial allocation of the county's share.
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1 (d) (1) Except as provided in paragraph (2), any ordinance,
2 policy, or standard of a city or county that directly limits, by
3 number or location,the population or population growth rate, the
4 building permits that may be issued for residential construction,or
5 limits for a set period of time the number of buildable lots that may
6 be developed for residential purposes, shall not be a justification
7 for a determination or a reduction in the share of a city or county
8 of the regional housing need.
9 (2) Paragraph (l) does not apply to any city or county that
10 imposes a moratorium pursuant to Section 65858 on residential
1.1 construction for a specified period of time in order to preserve and
12 protect the public health and safety.If a moratorium is in effect,the
13 city or county shall,prior to a revision
14 request, adopt findings that specifically describe the threat to the
15 public health and safety and the reasons why construction of the
16 number of units specified as its share of the regional housing need
17 would prevent the mitigation of that threat.
18 (e) Notwithstanding any other provision of law, determinations
19 made by the department, a council of governments, or a city or
20 county pursuant to —Seetietts 656844,65584.2,65584.4 =
21 66584.5 Section 65.584.01, 65584.02, 65584.04, or 65584.05
22 shall be exempt from the California Environmental Quality Act
23 (Division 13 (commencing with Section 21000) of the Public
24 Resources Code).
25 SEC. 4. Section 63684.1 65584.01 is added to the
26 Government Code, to read:
27 6544.1.
28 65584.01. (a) For the fourth and subsequent revision of the
29 housing element pursuant to Section 65588, the Department of
30 Housing and Community Development,in consultation with each
31 council of governments,shall determine the existing and projected
32 need for housing for each region in the following manner:
33
34
35 T!— eettnei4 of gavemmetits shall use the papti4ation
36 fefee
37 a p
38 (b) The departments determination shall be based upon
39 population projections produced by the Department of Finance
40 and regional population forecast used in preparing regional
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SB 910 —6-
1
6-1 transportation plans, and consultation with each council of
2 governments. If the total regional population forecast for the
3 planning period, developed by the council of governments and
4 used for the preparation of the regional transportation plan, is
5 within a range of 3 percent of the total regional population forecast
6 for the planning period over the same time period by the
7 Department of Finance,then the population forecast developed by
8 the council of governments shall be the basis from which the
9 department determines the existing and projected need for housing
10 in the region. If the difference between the total population.growth
1 I projected by the council of governments and the total population
12 growth projected for the region by the Department of Finance is
13 greater than 3 percent, then the department and the council of
14 governments, itt eettsultettiott with the Depftffment of Fittaftee;
15 shall meet to discuss variances in methodology used for population
16 projections and seek agreement on a population projection for the
17 region to be used as a basis for determining the existing and
18 projected housing need for the region. If no agreement is reached,
19 then the population projection for the region shall be the
20 population forecast for the region prepared by the Department of
21 finance as modified by the_epftA ntt}of Finan_ department as
22 a result of discussions with the depftrtffieiit and die ouncil of
23 governments.
24 (c) (1) At least 26 months prior to the 'housing eleffl_nt due
--a
25 date scheduled revision pursuant to Section 65588 and prior to
26 developing the existing and projected housing need for a region,
27 the department shall meet and consult with the council of
28 governments regarding the assumptions and methodology to be
29 used by the department to determine the region's housing needs.
30 The council of governments shall provide data assumptions from
31 the council's projections, including, if available, the following
32 data for the region:
33 (A) Anticipated household growth associated with projected
34 population itterease increases.
35 (B) Household size data and trends in household size.
36 (C) The rate of household formation, or headship rates, based
37 on age, gender, ethnicity, or other established demographic
38 measures.
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1 (D) The vacancy rates in existing housing stock, and the
2 vacancy rates for healthy housing market functioning and regional
3 mobility, as well as housing replacement needs.
4 (E) 'Other characteristics of the composition of the projected
5 population.
6 (2) The department may accept or reject the information
7 provided by the council of governments or modify its own
8 assumptions or methodology based on this information. After
9 consultation withthe council of governments,the department shall
10 make determinations in writing on the assumptions atd for each
11 of the factors listed in subparagraphs (A) to (E), inclusive, of
12 paragraph 1 and the methodology it will use. ifteluding t
13 assemptieftsI%,- etefs listed in subpaf-agfaphs(A)to
14 , i , and shall provide these
15 determinations to the council of governments.
16 '
17
18
19 __a __f ____if _h__ _i____e_ F ------s. __-__f eeftselwiett
20
21 '
22 needs.
23 (d) (1) After consultation with the council ofgovernments, the
24 department shall make a determination of the region s existing and
25 projected housing needs based upon the assumptions and
26 methodology determined pursuant to subdivision (c). Within 30
27 days following notice of the determination from the department,
28 the council of governments may file an objection to the
29 department's determination of the region's existing and projected
30 housing need with the department.
31 (2) The objection shall be based on either of the following:
32 (A) The department failed to base its determination on the
33 population projection for the region established pursuant to
34 subdivision(0 (b).
35 (B) The regional housing need determined by the department
36 is not a reasonable application of the methodology and
37 assumptions determined pursuant to subdivision.(b) (c).
38 (3) 1f a council of governments files an objection pursuant to
39 this subdivision and includes with the objection a proposed
40 alternative determination of its regional housing need, it shall also
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1 include documentation of its basis for the alternative
2 determination. Within 45 days of receiving an objection filed
3 pursuant to this section, the department shall consider the
4 objection and make a final written determination ref the region s
5 existing and projected housing need that includes an e"l
6 of Ote basis fn..#1"' eteer. explanation of the information
7 upon which the determination was made.
8 (e) The determinations of the department pursuant to this
9 section shall be subject to judicial review
10 of the Gade
1.1 69 With respect to determinations of existing and projected
12 regional housing need for the third housing element revision, the
13 department shall comply with Section 65584 as it existed prior to
14 January 1, 2003.
15 SEC. 5. Section X4:2 65584.02 is added to the
16 Government Code, to read:
17 666842
1.8 65584.02. (a) For cities and counties without a council of
19 governments, the department shall determine and distribute the
20 existing and projected housing need, in accordance with Section
21 X84.1 6.5.584.02 and this section. If the department determines
22 that a county or counties,supported by a resolution adopted by the
23 board or boards of supervisors, and a majority of cities within the
24 county or counties representing a majority of the population of the
25 county,possess the capability and resources and agreed to accept
26 the responsibility, with respect to its jurisdiction, for the
27 distribution of the regional housing needs, the department shall
28 delegate this responsibility to the cities and county or counties.
29 (b) The distribution of regional housing needs shall, based
30 upon available data and in consultation with the cities and
31 counties, take into consideration market demand for housing,the
32 distribution of household growth within the county assumed in the
33 regional transportation plan where applicable, employment
34 opportunities and commuting patterns,the availability of suitable
35 sites and public facilities,agreements between a county and cities
36 in a county to direct growth towards incorporated areas of the
37 county, or other considerations as may be requested by the affected
38 cities or counties and agreed to by the department. As part of the
39 allocation of the regional housing need, the department shall
40 provide each city and county with data describing the assumptions
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1 and methodology used in calculating its share of the regional
2 housing need. The distribution of the regional housing need shall
3 seek to reduce the concentration of additional capacity for lower
4 income households allocated to cities or counties that already have
5 disproportionately high proportions of lower income households.
6 (c) Within 90 days following the department's determination of
7 a draft distribution of the regional housing need to the cities and
8 the county, a city or county may propose to revise the
9 determination of its share of the regional housing need in
10 accordance with criteria set forth in the draft distribution. The
11 proposed revised share shall be based upon comparable data
12 available for all affected jurisdictions, and accepted planning
13 methodology, and shall be supported by adequate documentation.
14 (d) (1) Within 60 days after the end of the 90-day time period
15 for the revision by the cities or county,the department shall accept
16 the proposed revision,modify its earlier determination, or indicate
17 why the proposed revision is inconsistent with the regional
18 housing need.
19 (2) If the department does not accept the proposed revision,
20 then the city or county shall have the right to request a public
21 hearing to review the determination.within 30 days.
22 (3) The city or county shall be notified within 30 days by
23 certified mail, return receipt requested, of at least one public
24 hearing regarding the determination.
25 (4) The date of the hearing shall be at least 30 days from the date
26 of the notification.
27 (5) Before making its final determination,the department shall
28 consider all comments received and shall include a written
29 response to each request for revision received from a city or
30 county.
31 (e) If the department accepts the proposed revision or modifies
32 its earlier determination, the city or county shall use that share. If
33 the department grants a revised allocation pursuant to subdivision
34 (d), the department shall ensure that the total regional housing
35 need is maintained. The department's final determination shall be
36 in writing and shall include information explaining how its action
37 is consistent with of this section. If the department indicates that
38 the proposed revision is inconsistent with the regional housing
39 need, the city or county shall use the share that was originally
40 determined by the department. The department, within its final
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SB 910 — 10—
I determination, may adjust the allocation: of a city or county that
2 was not the subject of a request for revision of the draft
3 distribution.
4 (f) The department shall issue a final regional housing need
5 allocation for all cities and counties within 45 days of the
6 completion of the 60-day period.
7 (g) The determination of the department shall be subject to
8
9 judicial review.
10 SEC. 6. Section 65584.3 65584.03 is added to the
11 Government Code, to read:
12 6668
13 65584.03. (a) At least two years prior to the scheduled
14 revision required by Section 65588, cities and a county, or
15 counties, may form a subregional entity for the purpose of
16 allocation of the subregion's existing and projected need for
17 housing among its members in accordance with the allocation
18 methodology established pursuant to Section 65554 65584.04,
19 The purpose of establishing a subregion shall be to recognize the
20 community of interest and mutual challenges and opportunities for
21 providing housing within a subregion. A subregion formed
22 pursuant to this section may include a single county and each of the
23 cities in that county, or any other combination of geographically
24 contiguous local governments, and shall be approved by the
25 adoption of a resolution by each of the local governments in the
26 subregion as well as by the council of governments. All decisions
27 of the subregion shall be approved by vote of the county or
28 counties, if any, and the majority of the cities with the majority of
29 population within a county or as provided for in rules adopted by
30 the local governments comprising the subregion. Upon formation
31 of the subregional entity, the entity shall notify the council of
32 governments of this formation.
33 (b) Following the determination of regional housing needs
34 pursuant to Section 65584, 65584.01, the council of governments
35 shall provide a subregion with its share of the regional housing
36 need,and delegate responsibility for providing allocations to cities
37 and a county or counties in the subregion to a subregional entity
38 formed pursuant to subdivision (a), a joint powers authority
39 established pursuant to Chapter 5 (commencing with Section
40 5500)' of Division 7 of Title 1, or the governing body of a
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1 subregional entity established by the council of governments, in
2 accordance with an agreement entered into between the council of
3 governments and the subregional entity that sets forth the process,
4 timing, and other terms and conditions of that delegation of
5 responsibility.Each council of governments shall ensure that each
6 subregion within its jurisdiction fully allocates its delegated share
7 of the regional housing need in accordance with Section 65584.05.
8 SEC. 7. Section 65584.4 65584.04 is added to the
9 Government Code, to read:
10 64684-.4—.
11 65584.04. (a) At least two years prior to a scheduled revision
12 required by Section 65588, each council of governments shall
13 develop a proposed methodology for distributing the existing and
14 projected regional housing need to cities, counties, and
15 subregions, where applicable pursuant to this section.
16 (b) (1) E*eh No more than six months prior to the development
17 of a proposed methodology for distributing the existing and
18 projected housing need, each council of governments shall
19 conduct a survey of each of its member jurisdictions to request, at
20 a minimum, information on both of the following:
21 (A) The jurisdiction's existing jobs and housing relationship.
22 (B) Opportunities and constraints to developing additional
23 housing and job opportunities in the jurisdiction.
24 (2) The information provided by a local government pursuant
25 to this section, shall be used,to the extent possible,by the council
26 of governments as source information for the development of the
27 methodology developed pursuant to this section. The survey shall
28 state that none of the information received may be used as a basis
29 for reducing the total housing need established for the region
30 pursuant to 65584.01.
31 (3) 1f the council of governments does not issue the survey
32 required pursuant to this section,a city,county,or city and county
33 may submit information related to the items listed in paragraph(1).
34 (c) The proposed methodology, along with any relevant
35 underlying data and assumptions, and an explanation of how
36 information gathered from local governments pursuant to
37 subdivision (b) has been used to develop the proposed
38 methodology,and how each of the factors listed in this subdivision
39 is incorporated into the methodology shall be distributed to all
40 cities, counties, subregions, and members of the public who have
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1 made a written request for the proposed methodology. A council
2 of governments for a region with a population of 1,000,000 or
3 more shall conduct three public bearings over a period of no less
4 than 90 days to receive oral and written comments on.the proposed
5 methodology. A council of governments for a region with a
6 population of less than 1,440,000 shall conduct at least one public
7 hearing to receive oral and written comments on the proposed
8 methodology. To the extent that sufficient data is available from
9 local governments or other sources, each council of governments
10 shall include the following factors to develop the methodology
11 that allocates regional housing needs while continuing to tape into
12 consideration the information submitted pursuant to subdivision
13 (b).
14 (1) The share of regional housing needs allocated to the local
15 government in previous planning periods, and the tiumbe relative
16 share of housing units in each income category approved in the
17 prior planning period. Information developed from this factor
18 shall be used to promote a fair distribution between those
19 jurisdictions that have historically approved housing development
20 applications in conformance with their share of the regional
21 housing need, and those jurisdictions that have not.
22 (2) The promotion of an intraregional balance between jobs
23 and housing.
24 (3) The distribution of household growth assumed for purposes
25 of regional transportation plans and opportunities to maximize the
26 use of public transportation and existing transportation
27 infrastructure.
28 (4) The availability of land suitable for urban development or
29 for conversion to residential use,the availability of underutilized
30 land, and opportunities for infill development and increased
31 residential densities. The council ofgovernments may not limit its
32 consideration of suitable housing sites or land suitable for urban
33 development to existing zoning ordinances and land use
34 restrictions of* a locality but must consider the potential ,for
35 increased residential development under alternative zoning
36 ordinances and land use restrictions.
37 (5) The market demand for housing.
38 (6) The loss of units contained in assisted housing
39 developments, as defined in paragraph (8) of subdivision (a) of
40 Section 65583, that changed to non-low-income use through
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1 mortgage prepayment, subsidy contract expirations, or
2 termination of use restrictions, and the housing needs of
3 farmworkers.
4 (7) Lands preserved or protected from urban development
5 under existing federal or state programs, or both, designed to
6 protect open space, farmland, environmental habitats, and natural
7 resources on a long-term basis.
8 (8) 'Federal or state laws,regulations,or regulatory actions that
9 preclude the jurisdiction from providing necessary infrastructure
10 for additional development during the planning period.
11 (9) Agreements between a county and cities in a county to
12 direct growth towards incorporated areas of the county.
13 (10) County policies to preserve prime agricultural land, as
14 defined pursuant to Section 56064,within an unincorporated area.
15 (11) Any other factors adopted by the council of governments.
16 (d) The council of governments shall assign the factors in
17 subdivision (c) a numerical weight in accordance with the
18 priorities of the council of governments. The distribution shall
19 seek to reduce overconcentrations of lower income households in
20 cities or counties that already have disproportionately high
21 proportions of lower income households. Any ordinance, policy,
22 or standard of a city or county that directly limits, by number or
23 location, the population or population growth rate, the building
24 permits that may he issued for residential construction, or limits
25 for a set period of time the number of buildable lots that may be
26 developed for residential purposes, shall not be a justification for
27 a determination or a reduction in the share of a city or county of
28 the regional housing need.
29 (e) In addition to the factors identified pursuant to subdivision
30 (c), the council of gef= =t governments shall identify any
31 existing local, regional, or state incentives, such as a priority for
32 funding, or other incentives, available to those local governments
33 that are willing to accept a share of the regional housing need that
34 exceeds the share that would be otherwise allocated to those local
35 governments pursuant to the methodology established by the
36 council of governments.
37 (0 Following the conclusion of the 90-day public comment
38 period on the proposed allocation methodology,and after making
39 any revisions deemed appropriate by the council of governments
40 as a result of comments received during the public comment
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1 period, each council of governments shall adapt a final regional
2 housing need allocation methodology within 60 days and provide
3 noticeof the adoption of the methodology to the jurisdictions
4 within the region.
5 SEC. 8. Section 6SS844 65584.05 is added to the
6 Government Code, to read:
7 65584.6. —
8 65584.05. (a) At least one and one-half years prior to the
9 scheduled revision required by Section 65588, each council of
10 governments shall distribute a draft allocation of regional housing
11 needs to each local government and subregion,where applicable,
12 based on the methodology adopted pursuant to Section 65584.04.
13 The draft allocation shall include the underlying data and
14 methodology on which the allocation is based. It is the intent of the
15 Legislature that the draft allocation should be distributed prior to
16 the completion of the update of the applicable regional
17 transportation plan. The draft allocation shall distribute to
18 localities and subregions, if any, within the region the entire
19 regional share of housing need determined pursuant Section
20 6568.4.165584.01.
21 (b) 'Within 60 days following receipt of the draft allocation, a
22 local government that is not part of a subregion, or the subregion,
23 as applicable, may request a revision of its share of the regional
24 housing need in accordance with the factors
25 described in
26 paragraphs (1) to (11), inclusive, of.subdivision (c) of Section
27 65584.04, including any information submitted by the local
28 government to the council of governments pursuant to subdivision
29 (b) of that section. The request for a revised share shall be based
30 upon comparable data available for all affected jurisdictions and
31 accepted planning methodology, and supported by adequate
32 documentation.
33 (c) 'Within 60 days after the request submitted pursuant to
34 subdivision (b), the council of governments shall accept the
35 proposed revision, modify its earlier determination, or indicate,
36 based upon the information and methodology described in Section
37 65584.4, why the proposed revision is inconsistent with the
38 regional housing need.
39 (d) If the council of governments does not accept the proposed
40 revised share or modify the revised share to the satisfaction of'the
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1 requesting party,the local government, or subregion if applicable
2 may appeal its draft allocation based upon either or both of the
3 following criteria:
4 (1) The council of governments failed to adequately consider
5 the information submitted pursuant to subdivision (b) of Section
6 66684.4 65584.04, or a significant and unforeseen change in
7 circumstances has occurred in the local jurisdiction that merits a
8 revision of the information submitted pursuant to that subdivision.
9 (2) The council of governments failed to determine its share of
10 the regional housing need in accordance with the information
11 described in, and the methodology established by the council of
12 gavefftmefg, governments pursuant
13 to Section 65584.04.
14 (e) The council of governments shall conduct public hearings
15 to hear all appeals within 60 days of the date established by the
16 council of govermne governments to file appeals. The city or
17 county, or subregion if applicable, shall be notified within 15 days
18 by certified mail, return receipt requested, of at least one public
19 hearing fegafdiflg the detefffliffatieft on its appeal.The date of the
20 hearing shall be at least 30 days from the date of the notification.
21 Before taping action on an appeal, the council of governments
22 shall consider all comments,recommendations,and available data
23 based on accepted planning methodologies submitted by the
24 appellant. The council ofgovere governments'final action
25 on an appeal shall be in writing and shall include information and
26 other evidence explaining how its action is consistent with the
27 provisions of this article. The council of gam
28 governments'final action on an appeal may require the council of
29 governments to adjust the allocation of a local government that is
30 not the subject of an appeal.
31 (f) The council of governments shall issue a proposed final
32 allocation within 45 days of the completion of the 60-day period
33 for hearing appeals. The proposed final allocation plan shall
34 include responses to all comments received on the proposed draft
35 allocation and reasons for any significant revisions included in the
36 final allocation.
37 (g) In the proposed final allocation plan, the council of
38 governments shall adjust allocations to subregions and to local
39 governments based upon the results of the appeals process
40 specified in this section. If the adjustments total 7 percent or less
93
S13 910 — 16-
1 of the regional housing need determined pursuant to Section
2 65584 65584.01, then the council of governments shall
3 distribute the adjustments proportionally to all subregions or local
4 governments. If the adjustments total more than 7 percent of the
5 regional housing need, then the council of governments shall
6 develop a methodology to distribute the
7 amount greater than the 7 percent d...A has bee dist.ibw a
8pat t to local governments and subregions. In no event
9 shall the total distribution of housing needs equal less than. the
10 regional housing need,as determined pursuant to Section 65584.1
11 65584.01. Two or more local governments may agree to an
12 alternate distribution of appealed housing allocations between the
13 affected local governments. If two or more local governments
14 agree to an alternative distribution of appealed housing
15 allocations that maintains the total housing need originally
16 assigned to these communities, then the council of governments
17 shall include the alternative distribution in the final allocation
18 plan.
19 (h) Within 60 days of the issuance of the proposed final
20 allocation plan pursuant to subdivision (g), each subregion
21 established pursuant to Section 6.5584.03, shall provide
22 the council of governments with its allocation of regional housing
23 needs within the subregion adopted by the county and the majority
24 of cities within the region with the majority of the population.
25 Allocations agreed to within a subregion may differ from the draft
26 allocations assigned local governments pursuant to this section,
27 but in no event shall the total allocation in the subregion equal less
28 than the total housing need allocated to the subregion pursuant to
29 subdivision (a) of Section 6�44.5 65584.05. If the council of
30 governments finds that the proposed allocation plan submitted by
31 the subregion does not equal the total housing need allocated to the
32 subregion, or if the subregion has not submitted an allocation
33 within 60 days,then the council of governments shall allocate the
34 housing needs to the individual local governments within the
35 subregion to ensure that total regional housing need is allocated.
36 (i) Within 45 days of receiving proposed subregional
37 allocations pursuant to subdivision (h), the council of
38 governments shall hold a public hearing to adopt a final allocation
39 plan. The council of governments shall have final authority to
40 determine the distribution of the region's existing and projected
93
- 17— S$ 910
1 housing need as determined pursuant to Section 65584.1-
2 65584.0.1. Within 60 days of adoption by the council of
3 governments, the department shall determine whether or not the
4 final allocation plan is consistent with the existing and projected
5 housing need for the region, as determined pursuant to Section
6 6558441 65584.01. The department may revise the determination
7 of the council of governments if necessary to obtain this
8 consistency. The determination of the council of governments
9 shall be subject to judicial review pursuant to Section 1094.5 of the
10 Code of Civil Procedure.
11 (j) Any authority of the council of governments to review and
12 revise the share of a city or county of the regional housing need
13 under this section shall not constitute authority to revise, approve,
14 or disapprove the manner in which the share of the city or county
15 of the regional housing need is implemented through its housing
16 program.
17 SEC. 9. Section 65585 of the Government Code is amended
18 to read.
19 65585. (a) A city, county, or city and county shall make a
20 diligent effort to achieve public participation of all economic
21 segments of the community, including persons with special
22 housing needs,in the development of the housing element.At least
23 180 days prior to the submission of a draft housing element or
24 amendment to the department, a city, county, or city and county
25 shall issue a notice of preparation and a request for public
26 participation and, at a minimum, shall distribute the notice to all
27 of the following:
28 (1) Any person or organization that has requested notice.
29 (2) Any person or organization that is on the department's list
30 for distribution of correspondence.
31 (3) Any person or organization that, if known to the city,
32 county, or city and county, is likely to help achieve the public
33 participation of all economic segments of the community,
34 including persons with special housing needs.
35 (b) 'During the preparation of the draft housing element or
36 amendment, the city, county, or city and county shall hold at least
37 two public workshops, at least one of which is held on an evening
38 or weekend, and conduct any other outreach activities necessary
39 to achieve the public participation of all economic segments of the
93
SB 910 — 18-
1 community and of persons with special housing needs, including,
2 but not limited to, task forces, forums, and surveys.
3 (c) At least 90 days prior to the submission of a draft element
4 or amendment to the department, the city, county, or city and
5 county shall issue a notice of completion of the proposed draft,
6 requesting comments from all interested parties within 30 days.
7 The city, county, or city and county shall make copies of the
8 proposed draft available to the public for loan upon request and,
9 if the city,county, or city and county maintains a`Veb site,on the
10 Internet. After the comment period, the city, county, or city and
I 1 county shall consider all comments and issue a revised draft a1d
12 that includes a response to comments and a notice of public
13 hearing on the proposed draft at least 15 clays prior to the hearing
14 for consideration of the adoption of the draft housing element.
15 (d) At least 120 days prior to adoption of its housing element,
16 or at least 90 days prior to the adoption of an amendment to this
17 element, the planning agency shall submit a draft element or draft
18 amendment to the department. The city,county, or city and county
19 shall attach an explanation of the efforts to obtain public
20 participation, a summary of all comments received, and the
21 response of the city, county, or city and county to the comments
22 when it submits the draft element or amendment to the department
23 for review. The department shall review the draft and report its
24 written findings to the planning agency within 120 days of its
25 receipt of the draft in the case of an adoption or within 90 days of
26 its receipt in the case of a draft amendment.
27 (e) The department shall include in its report the information
28 that supports and explains each of its written findings. If the city,
29 county, or city and county proposes changes to the draft element
30 or draft amendment while either is under review by the
31 department,the city, county, or city and county shall immediately
32 send copies of the proposed changes in writing to all parties who
33 commented orally at a public forum or hearing or in writing on the
34 draft element or amendment. In its written findings, the
35 department shall determine whether the draft element or draft
36 amendment substantially complies with the requirements of this
37 article.
38 (f) In the preparation of its findings, the department may
39 consult with any public agency, group,or person. The department
40 shall receive and consider any written comments from any public
93
_.:_.
_ 19— Sly 910
1 agency, group, or person regarding the draft element or
2 amendment under review,but if the jurisdiction has complied with
3 all the requirements of this section, the department shall not
4 consider comments from any public agency, group, or person
5 unless the comments directly relate to comments that were raised
6 to the jurisdiction prior to the submission of the draft element or
7 amendment, the comments concern changes to the draft element
8 or amendments that were made after the public hearing, or the
9 comments are made as a result of new information that was not
10 publicly available prior to the public hearing. The department shall
1I provide the city,. county, or city and county with a copy of any
12 comments received and a list of persons or agencies consulted by
13 the department.
14 (g) 'Prior to the adoption of its element or amendment, the
15 legislative body shall consider the findings made by the
16 department. If the department's findings are not available within
17 the time limits set by this section, the legislative body may att
18 , eattffty; of
19 ..:ty and eatrty ith
20 act without them.
21 (h) If the department finds that the draft element or draft
22 amendment does not substantially comply with the requirements
23 of this article, the legislative body shall take one of the following
24 actions:
25 (1) Change the draft element or draft amendment to
26 substantially comply with the requirements of this article. The
27 legislative body shall hold a public hearing on the proposed
28 changes and consider and respond to comments received on any
29 proposed changes to the draft element or amendment. At least 21
30 days prior to this hearing, the jurisdiction shall circulate any
31 proposed changes to the draft element or amendment to all parties
32 who commented on the development of the draft element or
33 amendment or who have requested notice of proposed changes.
34 The city, county, or city and county shall attach a copy of any
35 comments received and its response when it submits the element
36 or amendment to the department for review.
37 (2) Adopt the draft element or draft amendment without
38 changes. The legislative body shall consider and respond to
39 comments received from the public on the element or amendment
40 or the department's findings and shall attach a copy of any
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SB 910 —20-
1
20-1 comments received and the response of the city, county,or city and
2 county when it submits the element or amendment to the
3 department for review. The legislative body shall include in its
4 resolution of adoption written findings which explain the reasons
5 the legislative body believes that the draft element or draft
6 amendment substantially complies with the requirements of this
7 article',despite the findings of the department.
8 (i) Within 14 days of the adoption of its element or amendment,
9 the planning agency shall submit a copy to the department.
10 (j) The department shall, within 60 days, review adopted
11 housing elements or amendments and report its findings to the city,
12 county, or city and county. In the preparation of its findings, the
13 department may consult with any public agency,group,or person.
14 The department shalt receive and consider any written comments
15 from any public agency, group, or person regarding the adopted
16 element or amendment under review, but if the jurisdiction has
17 complied with all the requirements of this section,the department
18 shall not consider comments from any public agency, group, or
19 person unless the comments directly relate to comments that were
20 raised to the jurisdiction prior to the adoption of the element or
21 amendment, the comments concern changes to the element or
22 amendment that were not circulated at least 21 days prior to
23 adoption, or the comments are made as a result of new information
24 that was not publicly available prior to adoption of the element or
25 amendment. In its written findings,the department shall determine
26 whether the element or amendment substantially complies with
27 the requirements of this article. The department shall include in its
28 report the information that supports and explains each of its written
29 findings.
30 (k) '(1) A city,county, or city and county shall implement,by
31 the date specified in the housing element,each action included in
32 the housing element's schedule of actions as required by
33 subdivision (c) of Section 65583. The city, county, or city and
34 county shall report on the status of all of these actions in the annual
35 general plan implementation report required pursuant to Section
36 65400. , and after-pfeviding
37 ` , i iaffd i
38
39
40 Upon the occurrence of either of the following, the department
I
-21 — SB 910
1 may note, in writing, the city, county, or city and county that an
2 amendment to its housing element is necessary to ensure
3 substantial compliance with the requirements of this article:
4 (A) The city, county, or city and county takes any action that
5 nullifies or renders ineffective or infeasible any existing program,
6 policy, ordinance, or regulation determined by the department to
? be critical to the availability of adequate sites or to addressing
8 governmental constraints.
9 (B) The annual general plan implementation report required
10 pursuant to Section 65400 fails to demonstrate,in the report or by
11 the absence of a report, that each action included in the housing
12 element's schedule of actions that is critical to the availability of
13 adequate sites or to addressing governmental constraints and upon
14 which'the department has conditioned a finding of substantial
15 compliance has been fully implemented within 90 days of the date
16 specified in the adopted element.
17 he r_pwt� ______ .._____ __ ___.._____mty _-flier ________g __
18 (2) 1frthin 60 days of receipt of notice pursuant to paragraph
19 (1), the city, county, or city and county shall amend its element to
20 address the actions taken, or actions included in the element and
21 not taken, as specified in the notice, in conformance with the
22 requirements of this article. The amendment shall be subject to the
23 department's review and findings as provided in this section. 1.f the
24 notice from the department specifies a failure to adopt a scheduled
25 action, the department shall issue a finding of substantial
26 compliance if the city, county, or city and county demonstrates,
27 and the department accepts,based on substantial evidence,that the
28 city, county, or city and county has taken alternative actions that
29 make the implementation of the original actions unnecessary to
30 meet the requirements of this article,and
3 ..
1 _. _ --fully ftehieve the same objeetives -- --_ - QO-__._ et tion .
yy
`°'2 5 5
33 X11 i
34 withd ri "i .a:.,: of the original actions.
35 (1) Within 45 days of the department's report of its findings to
36 city, county, or city and county pursuant to subdivision (lam
3?
38 to subs (j)or(k),the city,county,or city and county may
39 subjeet d,fte MAtd�of detennination to judieial lilt to
40 Seetieft -----ofthe Code ofGivilPfoefile an action seeking
93
SB 910 —22-
1
22-1 judicial review of the department's determination. At the same
2 time that the city,county, or city and county serves the department
3 with the action, the city, county, or city and county shall
4 simultaneously serve by mail, pursuant to Section 1013 of the
5 Cade of Civil Procedure,a copy of the action on all parties who are
6 on the department's list for distribution of correspondence and on
7 all parties who commented on the element or amendment. The
8 hearing on the action shall be held within 90 days of the date of the
9 filing of the petition, and the court shall issue a final decision
10 within'30 days of the conclusion of the hearing. Any interested
1.1 party may intervene in the action. if in any action brought pursuant
12 to this subdivision, a court finds for the plaintiff, the court shall
13 issue an order or judgment compelling the department to revise its
14 finding or determination in compliance with this article within 60
15 days. if the eeart ttphelds Ote dep&rtmenf's
16 determiftat4en, , or eity it
17eettftty to adopt within 120 days et housing element or amen—d--e-4,y
19 ...it this ..ftiel. The The court shall retain jurisdiction to ensure
20 that its order or judgment is carried out. Actions filed pursuant to
21 Section 65587 or 65751 shall be consolidated with the action
22 authorized by this section.
23 SEC. 10. Section 65585.5 is added to the Government Code,
24 to read:
25 65585.5. (a) The On or after January 1, 2004, 4.5 days after
26 the department sends notice to a city, county, or city and county
27 that the jurisdiction is subject to fines pursuant to this section, the
28 department shall request and the Controller shall levy a fine on a
29 city, county, or city and county if the city, county, or city and
30 county, during the previous housing element cycle, did not adopt
31 a housing element that the department determined pursuant to
32 Section 65585 to be in substantial compliance with the
33 requirements of this article and, with respect to the third or
34 subsequent revision of its housing element, any of the following
35 conditions are met:
36 (1) The city, county,or city and county has failed to submit an
37 adopted housing element or amendment to the department within
38 six months of the deadline established by Section 65588.
39 (2) The depfftfnent has detetmiitted that the ftdopted housing
40 , ,or eity aftd ea"does
93
-23 — SB 910
1
2 4te eivy, eow4y,
3
4 .
5
6 subs '
p7 3 y
O
10 ,
11 '
12
13 '
14
15 eke
16 this artiele. '
17 shaP net stay dw fevy or eellee-an fist fitte,provided
that
ikhe
18 _-_-- -- appeals overturns ___ _a___ _ ___'s ___isi ., the __.__.,
ry
19 r3 ,
20
21 with the requiremems
d
22 of this aftiele. 44te filing a ftetiee a. appeal of dhe eottft'S
23 deeisieft shall not stay the levy or-eelleettieft ox vise if a—---t
24 of appeals oveftufns the trial eattrt'sj
25 5
26 (b) The fifte levied by the Genu 7 lef shall be S
-d•penafties
28 (2) The city, county, or city and county is required to amend its
29 element pursuant to subdivision (k) of Section 65585 and the city,
30 county, or city and county has failed to amend its element within
31 60 days.
32 (3) The department has determined that the adopted housing
33 element or amendment of the city, county, or city and county does
34 not substantially comply with the requirements of'this article.
35 (b) If'a city, county, or city and county subjects the department's
36 determination to_judicial review pursuant to subdivision (1) of
37 Section 65585 or files a notice of`appeal to such an action or an
38 action filed pursuant to Section 65587 or 65751, the collection of
39 fines shall be stayed pending the outcome of the action,provided
40 that if the city; county, or city or county does not prevail in the
93
I
SB 910 —24-
1
24-1 action, the city, county, or city and county shall be liable for the
2 total amount of fines that would have accrued had the action not
3 been filer.
4 (c) The fine levied by the Controller shall be five thousand
5 dollar. ($5,000)per month or twenty-five cents 0'0.25?per month
6 per person based on the most recent official estimate of population
7 for the jurisdiction as determined by the Department of Finance,
8 whichever is greater: For the purposes of this section, the
9 population cif a county shall only include the population residing
14 in unincorporated areas. .The fine.shall be levied each month until
1.1 the city, county, or city and county has adopted a housing element
12 or amendment that has been determined by the department
13 pursuant to Section 65585 to be in substantial compliance with the
14 requirements of this article.
15 (d) A court may reduce the fine based on mitigating factors if
16 the department certifies that its finding of noncompliance for the
17 community's adopted housing element or amendment is not based
18 in whole or in part either on the unavailability of adequate sites or
19 on a failure to analyze and address governmental constraints. A
24 court may also defer the onset of fines if the city, county, or city and
21 county can show that it was precluded from submitting an adopted
22 housing element or amendment to the department due to a state of
23 emergency in the community declared by the Governor or due to
24 bankruptcy.
25 (e) Any fines shall accrue to the Housing Supply Account,
26 which is hereby created in the Housing Rehabilitation Loan Fund
27 established by Section 50661 of the Health and Safety Code.
28 Notwithstanding Section 54661 of the Health and Safety Code,no
29 money in the Housing Supply Account shall be expended except
34 upon appropriation by the Legislature in the annual Budget Act or
31 other legislation. Funds in the account shall be used for the
32 purposes of providing assistance to multifamily rental housing
33 developments pursuant to the Multifamily Housing Program
34 established by Chapter 6.7 (commencing with Section 54675) of
35 Part 2 of :Division 31 of the Health and Safety Code in the
36 respective region which includes the fined jurisdiction.
37 {-d}--
38 (fi For purposes of this section, an adopted housing element
39 that has been self-certified pursuant to Section 65585.1 shall be
44 deemed to have been approved by the department,unless a court
93
_...
—25— SB 910
1 finds that the jurisdiction's housing element does not substantially
2 comply with this article.
3 Vie}-'
4 (g) If a city, county, or city and county, fails to remit to the
5 Controller the full amount of any fine levied pursuant to this
6 section within 30 days, the
7 affiettnt Controller's office shall offset from the subsequent
8 monthly allocation of funds due to the city, county, or city and
9 county pursuant to Section 11005 of the Revenue and Taxation
10 Code.
11
12 (h) The remedies prescribed by this section are in addition to
13 any other remedy provided under law.
14 SEC. 11. Section 65587 of the Government Code is amended
15 to read:
16 65587. (a) Each city,county,or city and county shall bring its
17 housing element, as required by subdivision(c)of Section 65302,
18 into conformity with the requirements of this article on or before
19 October 1, 1981, and the deadlines set by Section 65588. Except
20 as specifically provided in subdivision (b) of Section 65361, the
21 Director of Planning and Research shall not grant an extension of
22 time from these requirements.
23 (b) ,Any action brought by any interested party to review the
24 conformity with-tlt this article of any housing
25 element or portion thereof or revision thereto shall be brought
26 pursuant to Section 1085 of the Code of Civil Procedure;-the. The
27 court's review of compliance with the provisions a this article
28 shall extend to whether the housing element or portion thereof or
29 revision thereto substantially complies with the requirements of
30 this article. If a court finds that any housing element or portion
31 thereofwoes not substantially comply with the requirements of this
32 article, the court, in addition to any other remedy allowed by law,
33 shall(1) levy a fine consistent with Section 65585.5 and(2)award
34 reasonable attorney's fees and costs of suit to a plaintiff who is a
35 person of lower income, an organization representing persons of
36 lower income as described in subdivision (b) of Section 65915, or
37 who may be entitled to fees and costs pursuant to Section 102.1.5
38 of the Code of Civil Procedure.
39 (c) If a court finds that an action of a city, county, or city and
40 county, which is required to be consistent with its general plan,
93
_. . .. _.
SB 910 —26-
1 does not comply with its housing element,the city,county,or city
2 and county shall bring its action into compliance within 60 days.
3 However,the court shall retain jurisdiction throughout the period
4 for compliance to enforce its decision. Upon the court's
5 determination that the 60-day period for compliance would place
6 an undue hardship on the city,county,or city and county,the court
7 may extend the time period for compliance by an additional 60
8 days.
9 SES`. 12. Section 65588 of the Government Code is amended
10 to react:
11 65588. (a) Each local government shall review its housing
12 element as frequently as appropriate to evaluate all of the
13 following:
14 (1) ,The appropriateness of the housing goals, objectives, and
15 policies in contributing to the attainment of the state housing goal.
16 (2) The effectiveness of the housing element in attainment of
17 the community's housing goals and objectives.
18 (3) The progress of the city, county, or city and county in
19 implementation of the housing element.
20 (b) The housing element shall be revised as appropriate,but not
21 less than every six years, to reflect the results of this periodic
22 review.
23 (c) The review and revision of housing elements required by
24 this section shall take into account any low- or moderate-income
25 housing provided or required pursuant to Section 65590.
26 (d) The review pursuant to subdivision (c) shall include, but
27 need not be limited to, the following:
28 (1) The number of new housing units approved for
29 construction within the coastal zone after January 1, 1981
30 (2) The number of housing units for persons and families of
31 low or moderate income,as defined in Section 50093 of the Health
32 and Safety Code, required to be provided in new housing
33 developments either within the coastal zone or within three miles
34 of the coastal zone pursuant to Section 65590.
35 (3) The number of existing residential dwelling units occupied
36 by persons and families of low or moderate income,as defined in
37 Section. 50093 of the Health and Safety Code, that have been
38 authorized to be demolished or converted since January 1, 1982,
39 in the coastal zone.
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1 (4) The number of residential dwelling units for persons and
2 families of low or moderate income, as defined in Section 50093
3 of the Health and Safety Code, that have been required for
4 replacement or authorized to be converted or demolished as
5 identified in paragraph(3). The location of the replacement units,
6 either onsite,elsewhere within the locality's jurisdiction within the
7 coastal zone, or within three miles of the coastal zone within the
8 locality's jurisdiction, shall be designated in the review.
9 (e) Notwithstanding subdivision(b)or the date of adoption of
10 the housing elements previously in existence,the dates of revisions
11 for the housing element shall be as follows:
12 (1) 'Local governments within the regional jurisdiction of the
13 Southern California Association of Governments: December 31,
14 M ;, 2000,for the third revision, December 31, 2006,for the
15 fourth'revision, and every six years thereafter.
16 (2) ,Local governments within the regional jurisdiction of the
17 Association of Bay Area Governments: December 31, 2001,
18 for the third revision, December 31, 2005,for the fourth revision,
19 and every six years thereafter.
20 (3) 'Local governments within the regional jurisdiction of the
21 Council of Fresno County Governments,the Kem County Council
22 of ry
the Asseeiation of MoRtefey Bay Afe-H of
23 Governments and the Sacramento Area Council of Governments:
24 June 30, 2002, for the third revision, December 31, 2007, for the
25 fourth'revision, and every six years thereafter.
26 (4) 'Local governments within the Association of Monterey Bay
27 Area Governments: December 31, 2002, for the third revision,
28 December 31, 2007,for the fourth revision, and every six years
29 thereafter
30 (5) 'Local governments within the regional jurisdiction of the
31 San Diego Association of Governments: December 31,
32 1999,for the third revision, December 31, 2005,for the fourth
33 revision, and every six years thereafter.
34 { -
35 (6) All other local governments within a council of
36 governments: December 31, 2003,for the fourth revision, and
37 every six years thereafter.
38 (6)-
39 (7) All other local governments: December 31, 2004,for the
40 third revision, and every six years thereafter.
93
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SB 910 —28-
1
28-1 {
2 (8) Subsequent revisions shall be completed not less often than
3 at six-year intervals following the fourth revision.
4 (f) It is the intent of the amendments made to this section in the
5 2001- 2 Legislative Session to coordinate the determination of
6 regional housing needs with the triennial update of the regional
7 transportation plan pursuant to Section 134 of Title 23 of the
8 United States Code. Any council of governments that is required
9 by statute to update its transportation plan every four years,may
10 elect to either(1) adopt the update to its transportation plan on a
I 1 three-year basis, or(2) continue with the four-year update cycle,
12 but adopt an amended update in mid-cycle to coordinate with the
13 regional housing need update at six-year intervals.
14 SEG.42.
15 SEC. 13. Section 6558.9.3 of the Government Cade is
16 amended to read.
17 65589.3. (a) In any action filed on or after January 1, 1991,
18 taken to challenge the validity of a housing element,there shall be
19 a rebuttable presumption of the validity of the element or
20 amendment if, pursuant to Section 65585, the department has
21 found that the element or amendment substantially complies with
22 the requirements of this article.
23 (b) In any action filed on or after January 1, 2003, taken to
24 challenge the validity of a housing element or amendment, if,
25 pursuant to Section 65585, the department has found that the
26 element or amendment does not substantially comply with the
27 requirements of this article, the findings of the department shall be
28 entitled to deference and given great weight. This subdivision is
29 declaratory of existing law.
30 SEC. 14. Notwithstanding Section 17610 of the Government
31 Code, if the Commission on State Mandates determines that this
32 act contains costs mandated by the state, reimbursement to local
33 agencies and school districts for those costs shall be made pursuant
34 to Part 7(commencing with Section 17500)of Division 4 of Title
35 2 of the Government Code. If the statewide cast of the claim for
36 reimbursement does not exceed one million dollars($1,000,000),
37 reimbursement shall be made from the State Mandates Claims
93
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1 Fend.
2
0
93