Existing law establishes the Santa Clara Valley Transportation Authority (VTA) in order to meet the public transit problems of the County of Santa Clara. Existing law authorizes the VTA to purchase or otherwise acquire property for transit-oriented joint development projects, as provided. This bill would authorize the VTA to similarly purchase or acquire property for an employee housing project, as defined, for VTA employees and members of the public, as specified. The bill would authorize the VTA to construct affordable rental housing for employees and affordable for-sale housing that promotes housing opportunities for VTA employees, as specified. The bill would require the VTA to submit an annual report to the Legislature on the use of the bill's provisions to develop housing, as specified. By requiring the VTA to submit a new report, the 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, 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 the statutory provisions noted above.
(1) Existing law establishes priorities and procedures that any state agency disposing of surplus property is required to follow. Existing law requires the Department of Transportation to deposit proceeds from the sale of a surplus residential property from the department to a new owner into the SR-710 Rehabilitation Account. Existing law continuously appropriates the funds in the account to the department for the purpose of providing required repairs to certain surplus residential properties that are offered for sale, as provided. Existing law requires that the total funds maintained in the account not exceed a specified amount and that funds exceeding that amount, less any reimbursements due to the federal government, be transferred to the State Highway Account in the State Transportation Fund, to be used for allocation by the California Transportation Commission exclusively to fund projects located in specified cities and in the 90032 postal ZIP Code. Existing law also establishes the Affordable Housing Trust Account within the Housing Finance Fund, a continuously appropriated fund, and requires certain funds to be deposited in the account in accordance with specified provisions for the benefit of income restricted persons and families residing exclusively in the Cities of Pasadena, South Pasadena, Alhambra, La Cañada Flintridge, and the 90032 postal ZIP Code. Existing law sets forth an order of priority for the disposal of specified surplus residential property, including that a state agency disposing of single-family surplus residential property first offer the property at the appraised fair market value to former owners and present occupants, and then offer the property at an affordable price to other present occupants who have occupied the property for a specified number of years and who meet certain income levels. Existing law sets certain parameters for the calculation of an affordable price for purposes of these provisions based on, among other things, the fair market value of the property. This bill would, instead, require the first tier priority offer to be based on the appraised condition-adjusted price of the fair market value and would define "condition-adjusted price of the fair market value" to mean the fair market value of the property as of October 13, 2019, as determined by an independent appraiser and adjusted, as provided. The bill would revise the above-specified parameters for calculating an affordable price. The bill would establish requirements relating to the performance and cost of the inspection of the property, and define various terms for purposes of these provisions, including, among others, "guidelines." The bill would also, for surplus residential property sold at a condition-adjusted fair market value, exempt the selling agency from providing repairs to the property, as specified. This bill, among other changes, would authorize a present occupant or tenant purchasing a residence at an affordable price or condition-adjusted price of the fair market value to receive purchase assistance in accordance with certain procedures. The bill would provide that certain amounts repaid for those purposes constitute deferred proceeds from the department's sale of the property and would be deposited into the Affordable Housing Trust Account, as prescribed. (2) If the surplus residential property is not sold pursuant to the priorities described above, or pursuant to other specified priorities, existing law requires the property to then be sold at fair market value, with priority given first to purchasers who are present tenants in good standing, as provided, and then to former tenants who were in good standing at the time they vacated the premises, as provided. This bill would, instead, require the property to be sold to those present or former tenants at condition-adjusted fair market value. This bill would require the Department of Transportation, upon request, to provide certain documents related to the surplus residential property to all persons or entities offered or purchasing surplus residential property. The bill would require any surplus residential property purchased at the condition-adjusted price of the fair market value pursuant to the bill to be assessed at its condition-adjusted price of the fair market value for property tax purposes, as prescribed. (3) Existing law contains provisions that are specific to the sale of surplus residential property located in the City of Pasadena. Those provisions, among other things, contain a priority requiring surplus residential property located in the city to be offered at fair market value to specified present tenants who are in good standing, as provided. This bill would, instead, require the property to be offered to those present tenants at condition-adjusted price of the fair market value, as defined. Existing law also requires the City of Pasadena to commence the construction, or complete acquisition, of affordable units in an amount at least equal to 3 times the number of unoccupied homes acquired by the city by December 31, 2026. This bill would change the timing for this requirement to within 2 years from the date on which the proceeds from the subsequent sale of the unoccupied homes are received, as specified, and would make other related changes to these provisions. (4) Existing law contains provisions that are specific to the sale of surplus residential property located in the City of South Pasadena. Those provisions, among other things, contain a priority requiring surplus residential property located in the city to be offered at fair market value to specified present tenants who are in good standing, as provided. This bill would, instead, require the property to be offered to those present tenants at condition-adjusted price of the fair market value. Existing law also requires the City of South Pasadena to commence the construction, or complete acquisition, of affordable units in an amount at least equal to three times the number of unoccupied homes acquired by the city by July 1, 2028. This bill would, for unoccupied homes acquired by the City of South Pasadena after July 1, 2026, change the timing for this requirement to within 2 years from the date on which the proceeds from the subsequent sale of the unoccupied homes are received, as specified, and would make other related changes to these provisions. By requiring new deposits into a continuously appropriated account, the bill would make an appropriation. (5) This bill would make legislative findings and declarations as to the necessity of a special statute for the Cities of South Pasadena and Pasadena. (6) By imposing new requirements on the Cities of South Pasadena and Pasadena, 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, 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 the statutory provisions noted above. This bill would declare that it is to take effect immediately as an urgency statute.
(1) Existing law, 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. For the 4th and subsequent revisions of the housing element, existing law requires the Department of Housing and Community Development, in consultation with each council of governments, to determine each region's existing and projected need for housing, and requires the appropriate council of governments, or the department for cities and counties without a council of governments, to adopt a final regional housing plan that allocates a share of the regional housing need to each city, county, or city and county, as provided. Existing law authorizes at least 2 or more cities and a county, or counties, at least 28 months prior to the scheduled housing element revision, to form a subregional entity to allocate the subregion's existing and projected housing need among its members. If the council of governments does not receive a notification of this formation at least 28 months prior to the update, existing law requires the council of governments to implement specified requirements regarding the regional housing need process. Existing law requires the council of governments to determine the share of regional housing need assigned to each delegate subregion at least 25 months prior to the scheduled revision. This bill, except with respect to the 7th housing element cycle for councils of governments with a housing element revision due date during the calendar year 2027, 2028, or 2029, would extend the above-described timeline for cities and counties to form a subregional entity to allocate the subregion's housing need, as provided, from 28 months to 34 months, and the above-described timeline for the council of governments to determine the share of regional housing need assigned to each subregion from 25 months to 31 months, respectively. (2) Existing law, at least 2 years before a scheduled revision of the housing element, as specified, requires each council of governments, or delegate subregion as applicable, to develop, in consultation with the department, a proposed methodology for distributing the existing and projected regional housing need to jurisdictions, as specified. Existing law, at least 112 years before a scheduled revision of the housing element, as specified, requires each council of governments and delegate subregion, as applicable, to distribute a draft allocation of regional housing needs to each local government in the region or subregion, where applicable, and the department, as specified. This bill, except with respect to the 7th housing element cycle for councils of governments with a housing element revision due date during the calendar year 2027, 2028, or 2029, would instead require that the above-described methodology be developed at least 212 years before a scheduled revision of the housing element, and that the distribution of the draft allocation plan be made at least 2 years before a scheduled revision of the housing element, respectively. (3) Existing law requires each city, county, and city and county to, among other things, revise its housing element according to a specified schedule. Existing law generally requires local governments within the jurisdiction of certain metropolitan planning organizations or regional transportation planning agencies to update their housing elements 18 months after adoption of every 2nd regional transportation plan update, but not later than 8 years later than the deadline for adoption of the previous 8-year housing element, as specified. For subsequent revisions of the housing element after the 5th revision, existing law requires certain local governments to revise their housing elements at 5-year intervals, as specified. For the 7th revision and subsequent revisions of the housing element, existing law makes subsequent revisions due 24 months after the adoption of the 2nd regional transportation plan update for local governments within the jurisdiction of the Southern California Association of Governments, except as provided. This bill would instead generally require local governments within the above-described metropolitan planning organizations or regional transportation planning agencies to update their housing elements 18 months after the estimated adoption date of every 2nd regional transportation plan update, as specified. The bill would require the 8th revision of the housing elements for the certain local governments previously at 5-year intervals for the 7th revision, to be due by June 30, 2032. The bill would also require, for the 9th and subsequent revisions of the housing elements for those local governments, to be due 18 months after adoption of every 2nd regional transportation plan update, as provided. For the 8th and subsequent revisions, the bill would require a local government within the Southern California Association of Governments to adopt the revised housing no later than 8 years later than the deadline for adoption of the previous 8-year housing element. The housing element law requires a metropolitan planning organization or regional transportation planning agency that has an 8-year revision interval described above to notify the Department of Housing and Community Development and the Department of Transportation in writing of the estimated adoption date for its next regional transportation plan update at least 12 months before the estimated adoption date. This bill would instead require the above-described notification 24 months before the estimated adoption date. (4) 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. (5) By requiring local officials to provide a higher level of service, the 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.
Existing law, the Davis-Stirling Common Interest Development Act, governs the formation and operation of common interest developments. Existing law requires that a common interest development be managed by an association. Existing law requires the board of an association, if the association adopts or has adopted a policy imposing any monetary penalty on any association member for a violation of the governing documents, to adopt and distribute to each member a schedule of the monetary penalties that may be assessed for those violations, as provided. Existing law prohibits a monetary penalty for a violation of the governing documents from exceeding the lesser of the amount stated in the schedule that is in effect at the time of the violation or $100 per violation, except if the violation might result in an adverse health or safety impact on the common area or another association member's property, as specified. This bill would also except if the violation is contained in a specified list developed and published by the Department of Real Estate. In this regard, the bill would require the department, on or before January 1, 2028, to develop and publish a list of specified violations for which an association may impose a monetary penalty that is greater than $100, as specified. The bill would require the list to be limited to violations that are clearly defined and address significant risks to health, safety, or the integrity of the common interest development. The bill would require the department, in developing the list, to identify categories of violations that pose heightened risks to health, safety, or the integrity of the common interest development, including violations that create a risk of fire or other life safety hazards, as specified, and before finalizing the list, to conduct a stakeholder engagement process to solicit input from a broad range of interested parties, as specified. The bill would require the department to release a draft list of violations for public comment and to consider comments before finalizing the list of violations, as prescribed. The bill would require the department to publish the final list of violations on the department's internet website. Existing law requires the board to notify a member in writing at least 10 days before a meeting to consider or impose discipline or a monetary charge on a member, as specified. Existing law requires the board to give a member the opportunity to cure a violation prior to the meeting, and prohibits the board from imposing discipline if the member cures the violation prior to the meeting or, if curing the violation would take longer than the time between the notice provided and the meeting, the member provides financial commitment to cure the violation. This bill would specify that a member engaged in habitual, repeated, or continuing violations is not deemed to have cured a violation simply because the violation is not occurring at the time of the hearing.
(1) Existing law, commonly referred to as the Density Bonus Law, requires a city or county to grant a density bonus, other incentives or concessions, and waivers or reductions of development standards, as specified, to an applicant for a housing development when the applicant seeks a density bonus for the housing development, as specified, if the applicant agrees to construct, among other things, a specified percentage of units for very low income, lower income, or senior citizen housing, and meets other requirements. This bill would, instead, require a city or county to grant a density bonus, other incentives or concessions, and waivers or reductions of development standards, as specified, to an applicant for a housing development when the applicant submits an application for a housing development that a city, county, or city and county determines meets specified criteria, including, among others, the housing development includes specified percentage of units for very low income, lower income, or senior citizen housing. (2) Existing law defines density bonus for the purposes of the Density Bonus Law to mean a density increase over the otherwise base density, as specified. Existing law specifies the base density calculation standards and requires base density to be determined using dwelling units per acre, except as otherwise provided. For the purpose of calculating a density bonus, existing law requires the residential units to be on contiguous sites that are the subject of one development application, as specified. Existing law also requires the density bonus to be permitted in geographic areas of the housing development other than the areas where the units for the lower income households are located. This bill would allow an applicant who provides a base density study, as defined, to elect to receive a density bonus in the form of a percentage increase in maximum floor area ratio, as specified. The bill would create an additional exception to the requirement that base density be determined using dwelling units per acre for applicants who elect to provide a base density study. This bill would revise and recast the provisions related to permitting of a density bonus relative to the geographic area to instead require a density bonus, incentive, or concession, or waiver or reduction, on sites that are the subject of the same housing development, as specified. (3) Existing law requires a city or county to adopt procedures and timelines for processing a density bonus application and to notify the applicant for a density bonus whether the application is complete in a manner consistent with specified timelines. If the local government notifies the applicant that the application is deemed complete, this bill would require the city or county to provide the applicant with a determination that the project is eligible for a density bonus. (4) Existing law authorizes an applicant for a density bonus to submit to a city or county a proposal for the specific incentives or concessions that the applicant requests and requires the city or county to grant the concession or incentive requested by the applicant unless the city or county makes a certain written finding, based upon substantial evidence. Existing law specifies the number of incentives or concessions an applicant is eligible to receive based on certain criteria. This bill would make revisions to certain of those calculations related to incentives or concessions. (5) The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report on a project that it 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 specifies that the granting of a density bonus or incentive or concessions shall not require or be interpreted to require a general plan amendment, local coastal plan amendment, zoning change, or other discretionary approval. Existing law also specifies that the granting of an incentive or concessions shall not require or be interpreted to require a study. This bill would specify that the granting of a waiver or reduction of development standards shall not require or be interpreted to require a general plan amendment, local coastal plan amendment, zoning change, study, or other discretionary approval. The bill would also specify that the granting of a density bonus, incentive or concession, or waiver or reduction of development standards shall not be discretionary. The bill would specify that the granting of a density bonus, incentive or concession, or waiver or reduction of development standards shall not require or be interpreted to require environmental review under CEQA. (6) 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. (7) This bill would incorporate additional changes to Section 65915 of the Government Code proposed by AB 2480, SB 1383, or both, to be operative only if this bill and AB 2480, SB 1383, or both, are enacted and this bill is enacted last. (8) By imposing new requirements on local governments, the 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.
Existing law, the Unruh Civil Rights Act, provides that all persons within the jurisdiction of this state are entitled to full and equal accommodations in all business establishments regardless of their sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status. This bill would add criminal history, as defined, to the list of protected characteristics under the Unruh Civil Rights Act. Existing law, the California Fair Employment and Housing Act, declares the public policy of the state to be that it is necessary to protect and safeguard the right and opportunity of all persons to seek, obtain, and hold employment without discrimination or abridgment on account of race, religious creed, or color, among other characteristics. The act declares discrimination in housing accommodations because of race, color, or religion, among other characteristics, to be against public policy. In that regard, the act prohibits various forms of employment and housing discrimination, including various types of discrimination because of a person's race, color, or national origin, among other characteristics. This bill would add criminal history, as defined, to the list of protected characteristics under the California Fair Employment and Housing Act.
Existing law, the Planning and Zoning Law, among other things, provides for the creation by ordinance, or by ministerial approval if the local agency has not adopted an ordinance, of an accessory dwelling unit in accordance with specified standards and conditions. Existing law requires the ordinance, if adopted, to meet certain requirements, including designating areas within the jurisdiction where accessory dwelling units may be permitted. Existing law authorizes the designation of areas to be based on the adequacy of water and sewer services and the impact of accessory dwelling units on traffic flow and public safety. Existing law also requires the ordinance to require approval by the local health officer where a private sewage disposal system is being used, if required. This bill would prohibit a local agency from prohibiting an accessory dwelling unit in an area solely because the lots are served by private sewage disposal systems. The bill would prohibit a local health officer from withholding approval based on a minimum lot size requirement if the private sewage disposal system meets certain operating requirements established by the State Water Resources Control Board and the regional water quality control board for that lot size, as provided. The bill would prohibit the local health officer from requiring the installation of a new or alternative system as a condition of approval if the local health officer determines that an existing private sewage disposal system is verified to be functioning properly and has the capacity to serve the additional load of an accessory dwelling unit, except as specified. By imposing new duties on local agencies relating to the approval of accessory dwelling units, the 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.
Existing law authorizes the legislative body of a city or county to designate a proposed enhanced infrastructure financing district to finance public capital facilities or other specified projects of communitywide significance that provide significant benefits to the district or the surrounding community, including, among other things, the acquisition, construction, or rehabilitation of housing for persons of very low, low, and moderate income for rent or purchase, as specified. Existing law authorizes an infrastructure financing plan to contain a provision for the division of taxes levied upon taxable property in the area included within the district and authorizes the public financing authority of the district to issue bonds, as provided. This bill would establish the Workforce Housing Enhanced Infrastructure Financing Act, which would authorize a city or county to establish a workforce housing enhanced infrastructure financing district (district) if certain requirements are met, including the adoption of an infrastructure financing plan as specified. The bill would prescribe requirements applicable to those districts. Among these requirements, the bill would prescribe requirements for the construction of residential housing that meets specified occupancy and affordability criteria. The bill would provide definitions for its provisions. The bill would authorize the governing board to issue bonds, subject to approval by 23 of the voters voting on the proposition. The bill would prescribe requirements for the issuance of the bond pursuant to its provisions. The bill would further require a district, which finances affordable housing units through the bond, to maintain the housing units at affordable housing costs through a recorded covenant or restriction, as specified. By adding to the duties of local elections officials with respect to administering the above-described provisions, the 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, 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 the statutory provisions noted above.
Existing law establishes a low-income housing tax credit program for which the California Tax Credit Allocation Committee (CTCAC) provides procedures and requirements for the allocation, in modified conformity with federal law, of state insurance, personal income, and corporation tax credit amounts to qualified low-income housing projects that have been allocated, or qualify for, a federal low-income housing tax credit, and farmworker housing. Existing law limits the total annual amount of the state low-income housing credit for which a federal low-income housing credit is required to the sum of $70,000,000, as increased by any percentage increase in the Consumer Price Index for the preceding calendar year, any unused credit for the preceding calendar years, and the amount of housing credit ceiling returned in the calendar year. Existing law governing the taxation of insurers, the Personal Income Tax Law, and the Corporation Tax Law provided an allocation of $500,000,000 for the 2020 calendar year and, for calendar years beginning in 2021, also provides for an additional amount that may be allocated, up to $500,000,000, to specified low-income housing projects that are new buildings that are federally subsidized, as specified. Existing law provides that this additional amount is only available for allocation pursuant to an authorization in the annual Budget Act. Existing law requires specified regulatory action by CTCAC aimed at increasing production and containing costs, including a scoring system that maximizes the efficient use of public subsidy and benefit created through the low-income housing tax credit program, as specified. This bill would require CTCAC to consider amending the regulatory scoring system to establish a housing type for farmworker housing projects, as specified in the existing CTCAC regulation. The bill would also require the CTCAC to consider using the same point allocations provided for rural set-aside projects in assigning points to farmworker housing based on the proximity of amenities to an eligible farmworker housing project. Existing federal immigration law authorizes employment of nonimmigrant agricultural workers, known as H-2A workers, if specified requirements are met, including that the employer furnish housing, as provided. Existing law generally prohibits providing state funding to an employer or its agent who employs an H-2A worker for the purposes of funding housing and requires an employer that receives state funding for that purpose to reimburse the state by that amount, as specified. Existing law defines "state funding" for this purpose to exclude the allocation of federal or state low-income housing tax credits. This bill, for taxable years beginning on or after January 1, 2027, would include the allocation of state low-income housing tax credits within the definition of "state funding" and would prohibit providing low-income housing tax credits for projects to provide farmworker housing used to comply with the above-described H2-A housing requirement. This bill would incorporate additional changes to Sections 12206, 17058, and 23610.5 of the Revenue and Taxation Code proposed by Senate Bill 1072 to be operative only if this bill and Senate Bill 1072 are enacted and this bill is enacted last. This bill would include a change in state statute that would result in a taxpayer paying a higher tax within the meaning of Section 3 of Article XIIIA of the California Constitution, and thus would require for passage the approval of 23 of the membership of each house of the Legislature. This bill would take effect immediately as a tax levy.
Existing law regulates the terms and conditions of residential tenancies. Existing law provides that a tenant is guilty of unlawful detainer if the tenant continues to possess the property without permission of the landlord after the tenant defaults on rent, among other reasons. This bill would prohibit a landlord from evicting for nonpayment of rent or nonrent fees, as defined, or charging or collecting late fees to, a tenant who is employed by the federal government or a federal contractor and whose income is materially affected by a government shutdown for the duration of, and 30 days following, a government shutdown. The bill would additionally require a court to stay any pending eviction action against the tenant during that time, as provided. The bill would require the tenant to provide specified documentation to a landlord or court, as applicable. The bill would require the deferred rent to be due and payable within 30 days of the date the tenant receives their first full paycheck containing retroactive backpay, as provided. This bill would impose civil penalties not to exceed $2,000 for any person who knowingly violates its provisions and would permit the tenant to raise a violation of its provisions as an affirmative defense in any action for unlawful detainer. The bill would specify that this affirmative defense does not apply to any unlawful detainer action other than an action based on the nonpayment of rent or nonrent fees. The bill would require the Judicial Council to adopt or modify forms as needed to implement these provisions. The bill would make related findings and declarations.
