AB 2296

(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. 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 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 1 1 2 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 2027 calendar year, would instead require that the above-described methodology be developed from at least 2 1 2 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, at least 90 days prior to the adoption of a revision of a housing element or 60 days prior to the adoption of a subsequent amendment to the element, as described, the planning agency of the city or county, as applicable, to submit a draft element revision or draft amendment to the Department of Housing and Community Development (department). Existing law requires the department to review the draft and report its written findings to the planning agency within specified time periods. Existing law requires the department to determine, in its written findings, whether the draft element or draft amendment substantially complies with housing element law. This bill would require, if the department finds that the draft element or draft amendment does not substantially comply with housing element law, the department to provide a written communication to the planning agency containing certain information regarding deficiencies and remedies, as described, including the specific analysis or text that the department expects the planning agency to include in the draft element or draft amendment. The bill would also require that the department review any such change to a draft element or draft amendment and report its written findings to the planning agency within 30 days of its receipt of the change. Existing law requires, if the department determines the draft element or draft amendment does not substantially comply with housing element law, the legislative body of the city or county to either change the draft to substantially comply or adopt the draft without changes and include in its resolution of adoption certain written findings. This bill would make conforming changes by requiring, for drafts that are not substantially compliant with housing element law, the legislative body to include either the specific analysis or text provided by the department in the draft or to adopt without changes and include in the written findings why the legislative body believes the draft substantially complies despite the findings from, and specific analysis or text provided by, the department. Existing law requires the department to review adopted housing elements or amendments and any findings, make a finding as to whether the adopted element or amendment substantially complies with housing element law, and report those findings to the planning agency. This bill would require the department to, if the draft is not substantially compliant with housing element law, identify the specified laws, as described, that the housing element does not substantially comply with and provide the specific analysis or text to the planning agency that, if adopted, would bring the housing element or amendment into substantial compliance. (4) Existing law, commonly referred to as the Housing Element Law, requires each city, county, and city and county to, among other things, revise its housing element according to a specified schedule. This bill would prohibit any amendment to the Housing Element Law, or to any other law that changes in any way the provisions and requirements of the Housing Element Law, from applying to the period that begins 34 months prior to the scheduled housing element update required according to the schedule specified above. (5) This bill states that it is the intent of the Legislature to enact legislation that would assign housing element revision deadlines based on smaller regional groupings and local jurisdiction size, as recommended by the California State Auditor, as described. (6) By imposing additional duties 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.