(1) Existing law requires certain transportation planning agencies to prepare and adopt regional transportation plans directed at achieving a coordinated and balanced regional transportation system. Existing law requires each regional transportation plan to include a sustainable communities strategy prepared by each metropolitan planning organization in order to, among other things, identify areas within the region sufficient to house all the population of the region, including all economic segments of the population, over the course of the planning period of the regional transportation plan taking into account net migration into the region, population growth, household formation, and employment growth. This bill would require the sustainable communities strategy, in identifying areas within the region sufficient to house all the population of the region, to also take into account changes in enrollment levels at institutions of public higher education, as defined. By imposing additional duties on metropolitan planning organizations, the bill would impose a state-mandated local program. (2) Existing law requires each county and city to adopt a comprehensive, long-term general plan for the physical development of the county or city, which includes, among other mandatory elements, a housing element. Existing law requires, for the 4th and subsequent revision of the housing element, the Department of Housing and Community Development to determine the existing and projected need for housing for each region in a specified manner. Existing law requires the department to meet and consult with the council of governments regarding the assumptions and methodologies to be used to determine each region's housing needs and requires the council of governments to provide data assumptions from the council of governments' projections, including specified data for the region, if available. As part of that requirement, existing law directs the council of governments to provide data assumptions regarding anticipated household growth associated with projected population increases. This bill would require the Department of Finance to consider changes in enrollment levels at campuses of the University of California or the California State University in the region, as forecasted by the University of California and California State University pursuant to the provisions described below, when preparing the anticipated household growth associated with projected population increases. Existing law requires each council of governments or delegate subregion, as applicable, to develop a proposed methodology for distributing the existing and projected regional housing need to cities, counties, and cities and counties within the region or within the subregion, as provided. Existing law requires, to the extent that sufficient data is available, each council of governments or delegate subregion, as applicable, in developing the methodology, to consider including several specified factors, including the housing needs generated by the presence of a private university or a campus of the California State University or the University of California within any member jurisdiction. This bill would require each council of governments or delegate subregion, as applicable, in developing the proposed methodology, to also consider including the distribution of students of the above-described universities among jurisdictions within the region, and for a campus of the California State University or the University of California, the optimization of transit, pedestrian, and other nonvehicle trip efficiency by students to the campus, including off-campus facilities. The bill would request the Regents of the University of California, and require the Trustees of the California State University, to provide, no more than 6 months before the development of the proposed methodology for the 7th and each subsequent housing element cycle, except as specified, to each council of governments a forecast of changes in enrollment levels at its campuses, including off-campus facilities, within the region based on specified factors and to provide, upon request, trip and travel data. By imposing additional duties on councils of government, the bill would impose a state-mandated local program. (3) CEQA requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report (EIR) on a project that the lead agency proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. Existing law makes the selection of a location for a particular campus of public higher education and the approval of a long-range development plan subject to CEQA and requires preparation of an EIR. Existing law provides that enrollment or changes in enrollment, by themselves, do not constitute a project for purposes of CEQA. CEQA regulations require an EIR to describe a range of reasonable alternatives to the project, or to the location of the project, including a "no project" alternative analysis for the purpose of allowing decisionmakers to compare the impacts of approving the proposed project with the impacts of not approving the proposed project. This bill would specify that the University of California and the California State University are not required to conduct a "no project" alternative analysis in an EIR, a supplemental EIR, or an addendum for a development project, for which the University of California or the California State University, respectively, is the lead agency, if specified conditions are met, including that the University of California or the California State University, respectively, has provided the forecast of changes in enrollment levels for purposes of developing the most recent methodology pursuant to the above-described provisions. (4) This bill would incorporate additional changes to Section 65584.01 of the Government Code proposed by SB 233, AB 650, and AB 1275 to be operative only if this bill and one, two, or all of the other bills are enacted and this bill is enacted last. This bill would also incorporate additional changes to Section 65584.04 of the Government Code proposed by AB 650 and AB 1275 to be operative only if this bill and one or both of the other bills are enacted and this bill is enacted last. (5) 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 establishes the Encampment Resolution Funding program, administered by the Department of Housing and Community Development, to, upon appropriation of the Legislature, increase collaboration between the department, local jurisdictions, and continuums of care for, among other things, providing encampment resolution grants to local jurisdictions and continuums of care to resolve critical encampment concerns and transition individuals into safe and stable housing. Existing law authorizes a continuum of care or a local jurisdiction to submit a specified application to the department for a program grant. Existing law, for additional rounds moneys, defined as moneys appropriated for the program in or after the 2021–22 fiscal year, requires that an applicant submit an application for a program grant that includes a description of how the applicant intends to use the funds to connect all individuals living in encampments to services and housing, among other things. This bill would, as part of this description, additionally require the applicant to include specified information about safe parking sites, when the application includes operating safe parking sites while locating interim or permanent housing for people experiencing homelessness living in vehicles or recreational vehicles. Existing law requires grant recipients to report specified data to their local Homeless Management Information System and as required by the department. Existing law requires the department to evaluate the data and outcomes reported by recipients to assess efficacy of programs and identify scalable best practices for encampment resolution that can be replicated across the state. Existing law requires the department to report to the chairs of the relevant fiscal and policy committees of the Legislature on the outcomes, learnings, and best practices models identified through the program. Existing law requires a recipient of program funding appropriated in the 2024–25 and 2025–26 fiscal years to submit to the department a final report of certain data elements no later than April 1 of the year following the expiration of the encumbrance period of funds, as provided. Existing law requires the department to submit an annual report to the Governor and both houses of the Legislature on the operations and accomplishments during the previous fiscal year of the housing programs administered by the department, as specified. This bill would remove the requirement that the department report to the chairs of the relevant fiscal and policy committees of the Legislature. The bill would require the department to report in the annual report to the Governor and both houses of the Legislature a summary of the data elements required in the final report submitted by recipients of program funding appropriated in the 2024–25 and 2025–26 fiscal years, as provided. The bill would require the department to evaluate the data and outcomes reported by the department in the annual report, instead of reported by recipients, to assess efficacy to assess the efficacy of programs and identify scalable best practices for encampment resolution that can be replicated across the state.
The California Constitution authorizes a county or city to make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws. Existing law establishes procedures for the enactment of ordinances by counties and cities and makes a violation of a county or city ordinance, as applicable, a misdemeanor unless by ordinance it is made an infraction. This bill would prohibit a local jurisdiction from adopting a local ordinance, or enforcing an existing ordinance, that prohibits a person or organization from providing support services, as specified, to a person who is homeless or assisting a person who is homeless with any act related to basic survival. The bill would define various terms for these purposes. The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
Existing law, commonly referred to as the Density Bonus Law, requires a city or county to provide a developer that proposes a housing development, as defined, within the city or county with a density bonus, other incentives or concessions, and waivers or reductions of development standards, as specified, if the developer agrees to construct specified units and meets other requirements. This bill would specify that a concession and incentive shall not result in a proposed project, as prescribed, with a specified commercial floor area ratio. The bill would also specify that certain provisions of the Density Bonus Law do not require a city, county, or city and county to approve, grant a concession or incentive requiring approval of, or waive or reduce development standards otherwise applicable to, transient lodging as part of a housing development, except as specified.
The Planning and Zoning Law requires each county and city to adopt a comprehensive, long-term general plan for the physical development of the county or city, which includes, among other mandatory elements, a housing element. Existing law requires, for the 4th and subsequent revisions of the housing element, the Department of Housing and Community Development, in consultation with each council of governments, where applicable, to determine the existing and projected need for housing for each region, as prescribed. Existing law requires, among other things, the department to meet and consult with the council of governments regarding the assumptions and methodology to be used by the department to determine the region's housing needs at least 26 months prior to the scheduled revision of the housing element and before developing the existing and projected housing need for a region. This bill would require the department to meet and consult with the council of governments, as described above, pursuant to prescribed deadlines. For the 7th revision of the housing element, the bill would require the department to meet and consult with each council of governments at least 38 months prior to the scheduled revision, except for specified councils of governments. For the 8th and subsequent revision of the housing element, the bill would require the department to meet and consult with each council of governments at least 38 months prior to the scheduled revision. This bill would incorporate additional changes to Section 65584.01 of the Government Code proposed by SB 486 to be operative only if this bill and SB 486 are enacted and this bill is enacted last.
Existing law, the Zenovich-Moscone-Chacon Housing and Home Finance Act, among other things, establishes the Department of Housing and Community Development and requires it to administer various programs intended to promote the development of housing and to provide housing assistance and home loans. Existing law sets forth various general powers of the department in implementing these programs, including authorizing the department to enter into long-term contracts or agreements of up to 30 years for the purpose of servicing loans or grants or enforcing regulatory agreements or other security documents. Existing law requires the department, subject to certain conditions, to allow property owners subject to a regulatory agreement with the department to take out additional debt on the development in order to finance, with the department's approval, the rehabilitation of the property or investment in new affordable housing. Under existing law, one of those conditions is that any extracted equity is required to meet at least one of several conditions, as specified. Existing law defines "extracted equity" for these purposes to mean debt added to a department-regulated property that is not used in prescribed ways. This bill would, additionally, require the department to allow property owners to take out additional debt, as described above, if any extracted equity is utilized for reimbursement of borrower advances for predevelopment costs, unreimbursed capital improvements, and unreimbursed operating deficits. The bill would revise the definition of "extracted equity" to mean debt distributed funds that are financed with debt that is secured by a department-regulated property and is not used in prescribed ways.
(1) Existing law, the State Housing Law, establishes statewide construction and occupancy standards for buildings used for human habitation. Existing law requires a county's or city's building department to enforce the State Housing Law and the California Building Standards Code, and other rules and regulations promulgated pursuant to the State Housing Law pertaining to standards for buildings used for human habitation. Existing law requires a county or city, upon the applicant's request, to contract with or employ temporarily a private entity or person to check the plans and specifications submitted with an application for a residential building permit to comply with the State Housing Law or local ordinances adopted pursuant to the State Housing Law, when the building department takes more than 30 days, as specified, to complete the plan check. Existing law authorizes an enforcement agency to inspect any building to secure compliance with the State Housing Law and the California Building Standards Code, and other rules and regulations promulgated pursuant to the State Housing Law. This bill would require the building department to conduct an inspection of the permitted work for specified new residential constructions of a building and residential additions to an existing building within 10 business days of receiving a notice of the completion of the permitted work authorized by a building permit issued for those projects. By imposing new duties on local agencies, the bill would impose a state-mandated local program. (2) Existing law, the Housing Accountability Act, among other things, prohibits a local agency from disapproving, or conditioning approval in a manner that renders infeasible, a housing development project for very low, low-, or moderate-income households unless the local agency makes written findings as to one of certain sets of conditions, as specified. The act also requires, when a proposed housing development project complies with applicable, objective general plan, zoning, and subdivision standards and criteria in effect at the time that the application was deemed complete, but the local agency proposes to disapprove the project or to impose a condition that the project be developed at a lower density, that the local agency base its decision regarding the proposed housing development project upon written findings supported by a preponderance of the evidence on the record that 2 specified conditions exist. Existing law defines the term "disapprove the housing development project" for these purposes to include any instance in which a local agency takes certain actions or fails to comply with certain requirements, including the failure to meet specified time limits relating to postentitlement phase permits. Existing law makes, among other things, a local agency's failure to meet those specified time limits relating to postentitlement phase permits a violation of the Housing Accountability Act. This bill would revise the definition of "disapprove the housing development project" under the Housing Accountability Act to include any instance in which a building department fails to inspect permitted work for specified new residential constructions of a building and residential additions to an existing building within 10 business days of receiving a notice of the completion of the permitted work authorized by a building permit issued for those projects, as described above. The bill would also make the failure of a building department to inspect permitted work for those projects within that time limit a violation of the Housing Accountability Act. By requiring local agencies to take certain actions, the bill would impose a state-mandated local program. This bill would correct cross-references in the Housing Accountability Act. (3) This bill would incorporate additional changes to Section 65589.5 of the Government Code proposed by SB 838 to be operative only if this bill and SB 838 are enacted and this bill is enacted last. (4) 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.
Existing law relating to housing development approval requires a local agency to compile a list of information needed to approve or deny a postentitlement phase permit, to post an example of a complete, approved application and an example of a complete set of postentitlement phase permits for at least 5 types of housing development projects in the jurisdiction, as specified, and to make those items available to all applicants for these permits no later than January 1, 2024. Existing law establishes time limits for completing reviews regarding whether an application for a postentitlement phase permit is complete and compliant and consequences for a local agency that fails to meet that timeline, as provided. Existing law defines "postentitlement phase permit" to, among other things, include a range of permits issued by a local agency. This bill would require a state agency to comply with the above-described provisions relating to postentitlement phase permits applicable to a local agency. The bill would require a state agency to make the information list, as described above, and the above-described examples of a complete, approved application and a complete set of postentitlement phase permits available on the agency's internet website by January 1, 2026. The bill would deem a postentitlement phase permit approved, and all related reviews complete, if a state agency fails to meet the time limits for review of an application for that permit. The bill would revise the definition of "postentitlement phase permit" for purposes of these provisions to, among other things, include permits issued by a state agency and any postentitlement review by a state agency that is necessary to begin construction of a development that is intended to be at least 23 residential, excluding certain discretionary and ministerial permits and reviews and subject to specified exceptions, and would define the term "state agency" for these purposes. This bill would declare that it is to take effect immediately as an urgency statute.
Existing law governs the obligations of tenants and landlords. Existing law authorizes a tenant to deduct the payment made to a public utility or publicly owned utility or a district from the rent, as specified. Existing law prohibits a lessor who has retaliated against a lessee for exercising the lessee's prescribed rights from recovering possession of a dwelling, causing the lessee to quit involuntarily, increasing the rent, or decreasing services within 180 days of the occurrence of specified events relating to tenability, if the lessee is not in default on their rent, as specified. Existing law presumes that the hiring of real property is renewed for a specified amount of time, under specified circumstances. For any residential tenancy commenced, renewed, or continuing on a month-to-month or other periodic basis, on or after January 1, 2026, this bill would require a landlord or their agent to allow the tenant to opt out of paying for any subscription from a third-party internet service provider for specified services in connection with the tenancy. If the landlord or their agent violates this provision, the bill would authorize the tenant to deduct the cost of the subscription from the rent. The bill would prohibit a landlord or their agent from retaliating against a tenant for exercising their rights pursuant to this bill and consistent with the above-described provision on retaliation, as provided.
Existing law provides for the creation by local ordinance, or by ministerial approval if a local agency has not adopted an ordinance, of accessory dwelling units in areas zoned for single-family or multifamily dwelling residential use in accordance with specified standards and conditions. Existing law prohibits a local agency from issuing a certificate of occupancy for an accessory dwelling unit before the local agency issues a certificate of occupancy for the primary dwelling. This bill, notwithstanding that prohibition, would require a local agency to issue a certificate of occupancy for an accessory dwelling unit constructed in a county that is subject to a proclamation of a state of emergency made by the Governor on or after February 1, 2025, even if the primary dwelling has not yet been issued a certificate of occupancy, if certain requirements are met, including that the primary dwelling was substantially damaged or destroyed by an event referenced in the state of emergency proclamation. By imposing new duties on local agencies, the bill would impose a state-mandated local program. Existing law requires a permitting agency to either approve or deny an application to create or serve an accessory dwelling unit within 60 days from the date the permitting agency receives a completed application if there is an existing single-family or multifamily dwelling on the lot. Existing law deems the application approved if the local agency has not approved or denied the completed application within 60 days. Under existing law, if the permit application to create or serve an accessory dwelling unit is submitted with a permit application to create or serve a new single-family or multifamily dwelling on the lot, the permitting agency may delay approving or denying the permit application for the accessory dwelling unit until the permitting agency approves or denies the permit application to create or serve the new single-family or multifamily dwelling, as provided. The California Coastal Act of 1976, which is administered by the California Coastal Commission, requires any person wishing to perform or undertake any development in the coastal zone, as defined, to obtain a coastal development permit from a local government or the commission, except as provided. Existing law specifies that the laws governing accessory dwelling units do not supersede or in any way alter or lessen the effect or application of the act, except as specified. This bill would create an exception to the above provision by requiring a local government or the commission, as specified, to either approve or deny a coastal development permit application for an accessory dwelling unit within 60 days of receiving a completed application. The bill would, notwithstanding that 60-day time limit, authorize the commission, if a coastal development permit application to create or serve an accessory dwelling unit is submitted with a coastal development permit application to create or serve a new single-family or multifamily dwelling on the lot, to delay approving or denying the coastal development permit application for the accessory dwelling unit until the commission approves or denies the coastal development permit application to create or serve the new single-family or multifamily dwelling. Under the bill, and except under the circumstance described above, if the commission has not approved or denied a completed application within 60 days, the application would be deemed approved. The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities. 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.
