Planning and Zoning Law: housing element: violations.

(1) Existing law, the Planning and Zoning Law, requires a city or county to adopt a general plan for land use development within its boundaries that includes, among other things, a housing element. That law requires a planning agency, before adopting its housing element or amendment to its housing element, to submit a draft element or draft amendment to the Department of Housing and Community Development. This bill would require a local government to make the first draft revision of a housing element available for public comment for at least 30 days and, if any comments are received, take at least 10 additional business days to consider and incorporate public comments into the draft revision before submitting it to the department. The bill would require a local government to post any subsequent draft revision on its internet website and to email a link to the draft revision to individuals and organizations that have requested notices relating to the local government's housing element, as specified. The bill would prohibit the department from reviewing a first draft revision submitted by the local government, until the local government has made the draft available for public comment for at least 30 days and has taken at least 10 business days to consider and incorporate the comments. By imposing new duties on local governments with regard to the adoption of a housing element revision, the bill would impose a state-mandated local program. Existing law requires the department to review a draft element or draft amendment and report its written findings within 90 days of its receipt of the draft in the case of an adoption or within 60 days of its receipt in the case of a draft amendment. This bill would instead require the department to review the draft and report its written findings to the planning agency within 90 days of receiving the first draft submittal for each housing element revision or within 60 days of its receipt for a subsequent draft amendment or adoption. (2) The Planning and Zoning Law also requires the department to notify a city, county, or city and county, and authorizes the department to notify the office of the Attorney General, that the city, county, or city and county is in violation of state law if the department finds that the housing element or an amendment to the housing element does not substantially comply with specified provisions of the Planning and Zoning Law, or that the local government has taken action or failed to act in violation of specified provisions of law. Existing law authorizes the Attorney General to bring suit for a violation of those provisions. This bill would add the Housing Crisis Act of 2019 and various other provisions to the list of laws that, when violated, requires the department to notify the jurisdiction and authorizes the Attorney General to bring an action to enforce state law. The bill would authorize the department to appoint other counsel to represent the department if the Attorney General declines to represent the department, and would specify the applicable statute of limitations for actions or proceedings brought by the Attorney General or other counsel pursuant to those provisions. (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. This bill would provide that no reimbursement is required by this act for a specified reason. (4) This bill would incorporate additional changes to Section 65585 of the Government Code proposed by SB 478 to be operative only if this bill and SB 478 are enacted and this bill is enacted last.