Housing

Existing law, the Joint Exercise of Powers Act, authorizes 2 or more public agencies, as defined, to jointly exercise any power common to the contracting parties, as provided. Among other things, that act also authorizes a mutual water company to enter into a joint powers agreement with any public agency for the purposes of risk pooling, as specified. Existing law, the Government Claims Act, among other things, authorizes public entities, mutual water companies, public agencies, water corporations, and mutual water companies to provide insurance under that act by a joint powers agreement, as specified. This bill would additionally authorize a nonprofit housing developer to enter into a joint powers agreement with any public agency for the purpose of risk pooling, and would expand the list of entities authorized to provide insurance by a joint powers agreement to include nonprofit housing developers. The bill would require that, if a nonprofit housing developer enters into a joint powers agreement with one or more public agencies, that the agreement ensure that no participating public agency becomes responsible for the underlying debts or liabilities of the joint powers agreement and that any participating public agency be indemnified against those debts and liabilities. The bill would require a joint powers agreement established pursuant to this authorization to solely utilize any revenues it generates to provide technical support, continuing education, safety engineering, and operational and managerial advisory assistance to its members for the purpose of reducing risk liabilities and furthering the technical managerial and financial capacity of those members. Existing law also authorizes 2 or more local public entities having the same governing board, a mutual water company and a public agency, or a water corporation, a mutual water company, and one or more public agencies, as specified, to be coinsured under a master policy and the total premium prorated among them. This bill would recast the provisions described above, provide that the affected entities are those authorized pursuant to specified provisions, and include among those entities nonprofit housing developers.

Existing law requires a housing development project to be an allowed use as a transit-oriented housing development if certain requirements are met. Existing law provides that these provisions do not apply to a local agency until July 1, 2026, unless the local agency takes specified actions. Existing law defines various terms for these purposes. Existing law prohibits a local government from adopting any requirement that applies to a project solely or partially on the basis that the project is seeking approval as a transit-oriented housing development, as specified. This bill would additionally prohibit a local government with an existing or planned transit-oriented development stop from taking specified actions with respect to transit agencies and transit projects.

Existing law, in modified conformity with federal income tax laws, establishes a low-income housing tax credit program through which the California Tax Credit Allocation Committee allocates low-income housing tax credits aimed at providing affordable low-income housing within and throughout the state. Existing federal law sets limitations and guidelines regarding what projects are eligible for credits, including a requirement that an extended low-income housing commitment is in effect, and a prohibition against eviction except for good cause. This bill would specify, for housing projects where the low-income housing commitment requires 100% of the units, not including any manager's units, to be restricted to lower income households, as defined, that good cause for nonrenewal of a lease includes cases where the nonrenewal relates to a household whose income exceeds 140% of the area median income for at least 2 consecutive years and 30% of the household's monthly income exceeds the fair market rent, determined as specified. The bill would require an owner to provide notice of the potential of good cause for nonrenewal described above if the household's income exceeds 140% of the area median income during any income certification, as specified. The bill would also require an owner electing to not renew a lease as described above to issue a notice of nonrenewal describing the basis of good cause for nonrenewal at least 90 days prior to the expiration of the lease, as specified.

The Planning and Zoning Law requires a city or county to adopt a comprehensive, long-term general plan that includes various mandatory elements, including a housing element. Existing law requires the housing element to include, among other things, an inventory of land suitable and available for residential development, an analysis of the relationship of zoning and public facilities and services to these sites, and an analysis of the relationship of the sites identified in the land inventory to the jurisdiction's duty to affirmatively further fair housing. Existing law requires a city or county, based on that inventory of land, to determine whether each site in the inventory can accommodate the development of some portion of its share of the regional housing need by income level during the planning period, as provided. Existing law requires the inventory of land to include, among other things, a description of the existing use of the property for nonvacant sites. For the nonvacant sites, existing law requires the city or county to specify the additional development potential for each site within the planning period. Existing law requires a city or county to rezone sites according to a specified program if the inventory of sites suitable and available for residential development does not identify adequate sites to accommodate the need for groups of all household income levels. This bill would require, on or before July 1, 2028, the Department of Housing and Community Development to promulgate or approve one or more formulas and associated user interfaces or other tools that allow for the determination of specified information, including, among other things, the realistic capacity of housing element inventory sites, as specified. The bill would authorize the above-described analysis and determinations by a city or county related to sites in the inventory of land suitable and available for residential development to rely on the formula promulgated or approved by the department. The bill would authorize the department to hire economists and data scientists for the purpose of promulgating the formulas and associated user interfaces or other tools. This bill would require the inventory of land suitable and available for residential development to specify the number of units allowed to be built on each site at the time of the housing element's adoption, and the number that will be allowed after rezoning, as specified, to accommodate the city's or county's share of regional housing need. This bill would exempt the use by a city or county of any adopted formula, associated user interface, or tool promulgated or approved by the department for these purposes from judicial review, except as specified. Existing law also requires that the housing element, among other things, sets forth a schedule of actions during the planning period that the local government is undertaking or intends to undertake to implement the policies and achieve the goals of the housing element, as provided. Existing law authorizes the Department of Housing and Community Development to allow a city or county to substitute the provision of units pursuant to this schedule of actions if the community includes in its housing element a program committing the local government to provide specified units that will be made available through the provision of committed assistance to lower income households at affordable housing costs or rents, as defined. Existing law requires a unit to meet specified requirements to qualify for inclusion in the program. Existing law defines "committed assistance" for these purposes to mean that the city or county enters into a legally enforceable agreement during a specified time period that obligates sufficient available funds or other in-kind services to provide the assistance necessary to make the identified units affordable and that requires that the units be made available for occupancy within 2 years of the execution of the agreement. This bill would define "in-kind services" for these purposes.

Existing law establishes the jurisdiction of the juvenile court, which is permitted to adjudge children who have suffered abuse or neglect to be dependents of the court under certain circumstances, and prescribes various hearings and other procedures for these purposes. Existing law requires the county welfare department to submit reports at the first regularly scheduled review hearing after a dependent minor has attained 16 years of age and at the last regularly scheduled review hearing before a dependent minor attains 18 years of age, and at every regularly scheduled review hearing thereafter, verifying that the county welfare department has provided certain information, documents, and services to the minor or nonminor. Existing law prohibits the court from terminating dependency jurisdiction over a nonminor dependent until the county welfare department has submitted a report verifying specified information, documents, and services have been provided to the nonminor, including the nonminor's family history and placement history. This bill would additionally require the above-described assistance include providing the minor or nonminor the last known whereabouts of their parents and siblings and the last known contact information for them. The bill would require that the minor or nonminor have the option to decline this information. By increasing the duties of county welfare departments, this bill would impose a state-mandated local program. 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. This bill would incorporate additional changes to Section 391 of the Welfare and Institutions Code proposed by AB 2764 to be operative only if this bill and AB 2764 are enacted and this bill is enacted last.

Existing law requires the Secretary of State to transmit a certified list of candidates for partisan and voter-nominated offices eligible to be voted on within each county to the county elections official at least 68 days before a primary or general election. Existing law also requires the Secretary of State to notify the candidates for partisan and voter-nominated offices of the names, addresses, offices, occupations, and party preferences of all other candidates for the same office at least 73 days before the election. Existing law imposes various deadlines pertaining to candidates and elections. Existing law requires a candidate who submits a ballot designation to file a ballot designation worksheet, as specified. This bill would move the deadline to notify candidates of the other candidates for the same office to at least 78 days before the election. The bill would move other specified deadlines earlier, including the deadline for the Secretary of State to publicly announce a list of candidates and the availability of specified forms and documents. The bill would require a candidate to certify, under penalty of perjury, the truth and accuracy of the content of the ballot designation worksheet. By expanding the crime of perjury, the bill would impose a state-mandated local program. This bill would incorporate additional changes to Section 13307 of the Elections Code proposed by SB 1360 to be operative only if this bill and SB 1360 are enacted and this bill is enacted last. 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.

Under existing law, a county elections official is required to prepare a certified statement of the results of an election and submit it to the county board of supervisors within 30 days of the election. This bill would make it a felony, punishable by imprisonment for 16 months or 2 or 3 years, to seize or cause or assist in the seizure of ballots, election records, or certified voting technology before election results are certified by the elections official. The bill would also make it a felony punishable by imprisonment for 2, 3, or 4 years for any person with authority to direct another person subject to their supervision or authority to seize ballots, election records, or certified voting technology before election results are certified. By creating new crimes, this bill would impose a state-mandated local program. 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. This bill would declare that it is to take effect immediately as an urgency statute.

Existing property tax law, pursuant to constitutional authorization, provides for a "welfare exemption" for property used exclusively for religious, hospital, scientific, or charitable purposes and that is owned or operated by certain types of nonprofit entities, if certain qualifying criteria are met. That law provides a partial welfare exemption in the case of residential rental property used for lower income households, as specified, calculated as that percentage of the value of the property that is equal to the percentage that the number of units serving lower income households represents of the total number of residential units. This bill would, for lien dates commencing on or after January 1, 2027, and before January 1, 2030, provide a partial welfare exemption in the case of certain residential rental property used for low- and moderate-income households. The partial exemption would be equal to the value of the units serving low- and moderate-income households, as defined. The bill would require an owner to make specified certifications relating to the use of the property. The bill would apply the exemption described above for a period of 15 years from the date of the initial filing of the exemption, as specified. By expanding the duties of local tax officials, and by expanding the crime of perjury, the bill would impose a state-mandated local program. This bill would declare that the above provisions are severable. Existing law requires any bill authorizing a new tax expenditure to contain, among other things, specific goals, purposes, and objectives that the tax expenditure will achieve, detailed performance indicators, and data collection requirements. This bill would state that it is the intent of the Legislature to apply those requirements to the above-described exemption and would set forth specified information relating to those requirements. This bill would make legislative findings and declarations as to the necessity of a special statute for the Counties of Alameda and Sacramento and the City and County of San Francisco. This bill would incorporate additional changes to Section 214 of the Revenue and Taxation Code proposed by AB 2089 to be operative only if this bill and AB 2089 are enacted and this bill is enacted last. 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. Existing law requires the state to reimburse local agencies annually for certain property tax revenues lost as a result of any exemption or classification of property for purposes of ad valorem property taxation. This bill would provide that, notwithstanding those provisions, no appropriation is made and the state shall not reimburse local agencies for property tax revenues lost by them pursuant to the bill. This bill would take effect immediately as a tax levy.

Existing law, the Mobilehome Residency Law, prescribes various terms and conditions of tenancies in mobilehome parks. The law deems the substantial failure of the management of a mobilehome park, as defined, to provide and maintain physical improvements in the common facilities in good working order and condition, and the substantial violation of a mobilehome park rule, to be a public nuisance that may be remedied only by a civil action or abatement, as specified. The law authorizes a civil action for purposes of that provision to be brought by, among others, the Attorney General. Existing law establishes within the Department of Housing and Community Development the Mobilehome Residency Law Protection Program, which authorizes additional enforcement measures for violations of the Mobilehome Residency Law. Existing law requires the department to refer any alleged violations of law or regulations within the department's jurisdiction to the Division of Codes and Standards within the department, and to refer any alleged violations of law or regulations that are not within the jurisdiction of the department, as specified, to the appropriate enforcement agency. This bill would require the department to additionally refer alleged violations of the Mobilehome Residency Law, certain laws relating to the conversion or closure of a mobilehome park, and related local government ordinances to a nonprofit legal services provider within 5 days of receipt. Existing law authorizes the department to refer alleged violations of law or regulations that are not within the jurisdiction of the department, including, but not limited to, rent disputes, criminal activity, or alleged discrimination, to the appropriate enforcement agency. This bill would authorize the department to also refer alleged violations of a local ordinance to the appropriate enforcement agency. Existing law requires the department to contract with one or more qualified and experienced nonprofit legal services providers for purposes of the Mobilehome Residency Law Protection Program and to refer complaints to those providers for possible enforcement action. Existing law establishes minimum requirements for nonprofit legal services providers that may contract with the department for these purposes. This bill would instead require the department to develop a grant process to distribute funds to those nonprofit legal services providers and to refer program complaints to those providers for possible enforcement action. The bill would require that grant process to be fully developed and operational for program complaints by July 1, 2029. The bill would require nonprofit legal services providers, in order to receive a grant, to meet the same requirements applicable to a provider contracting with the department under existing law. The bill would specify that these provisions do not interfere with or replace any existing contracts or commitments between the department and any legal services provider entered into before the grant program is operational. Existing law creates the Mobilehome Dispute Resolution Fund, as specified, and requires moneys in the fund to be available, upon appropriation by the Legislature, for purposes of implementing the program. This bill would require moneys in the fund to be made available to the department or to the Attorney General, upon appropriation by the Legislature, for purposes of implementing the program. The bill would require the Attorney General to use funds appropriated to it as necessary to perform duties related to enforcing the alleged violations described above. Existing law requires the department to submit an annual report to the Governor and the Legislature outlining, among other things, the amount of registration fees collected and the amount expended on the program. This bill would additionally require the department to include the amount expended by the Attorney General, as specified, and the number of complaint allegations referred to the Attorney General, as specified, in the annual report. Existing law repeals the above-described provisions relating to the Mobilehome Residency Law Protection Program on January 1, 2027. This bill would extend that repeal date to June 30, 2033.

Existing law, the California Public Records Act, requires each state or local agency, upon a request for a copy of records that reasonably describes an identifiable record or records, to make the records promptly available to any person upon payment of fees covering direct costs of duplication, or a statutory fee if applicable, except with respect to public records exempt from disclosure by express provisions of law. Existing law requires, upon request, an exact copy to be provided unless it is impracticable to do so. This bill would specify that a recording of a call or a written communication that is maintained by a state or local agency that reports or describes an incident, as defined, occurring at a private detention facility, and specified records relating to that call or communication in the possession of a law enforcement agency, are not confidential, and would require an agency to disclose those records upon request to any member of the public. By requiring agencies to disclose certain records to the public, the bill would increase the duties of local officials and create a state-mandated local program. Existing law specifies that, except as provided, the act does not require the disclosure of records of complaints to, or investigations conducted by, or records of intelligence information or security procedures of, the office of the Attorney General and the Department of Justice, the Office of Emergency Services and any state or local police agency, or any investigatory or security files compiled by any other state or local police agency, or any investigatory or security files compiled by any other state or local agency for correctional, law enforcement, or licensing purposes. This bill would also except the above-described requirements relating to records relating to private detention facilities from that provision, but would specify that those requirements do not apply to the office of the Attorney General, the Department of Justice, the Department of Consumer Affairs, or any state entity within the Department of Consumer Affairs, as specified. The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose. This bill would make legislative findings to that effect. 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.