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To help jurisdictions better understand potential new legislation from the State, 21 Elements has prepared a summary of housing related bills.  Because there are more than 30 relevant bills, they are ranked into three tiers. Tier 1 are important bills that stakeholders may want to understand and follow. Tier 2 are bills that stakeholders may benefit by knowing about. Tier 3 are relevant, but less important to track.

Click here for an Excel version. 

Bill

Keywords

Summary

Tier

AB 71

Affordable housing funding

Provides $300 million in funding for affordable housing by eliminating the state mortgage interest deduction on vacation homes. Link

1

AB 494

ADU

Clarifies and refines last year’s ADU legislation. Link

1

AB 879

Additional non-governmental constraints info in HE

As part of the Housing Element Governmental Constraints section, cities must examine the time to approve development applications. Link

1

AB 943

Initiatives that restrict growth

Requires that ordinances submitted to voters that curb, delay, or deter growth or development require a 2/3 vote majority. Link

1

AB 1156

Housing site/production update info in annual report to

Amends Housing Element APRs to include the number of housing units at each income level remaining to be accommodated within the planning period. Link

1

AB 1397

Realistic designation of HE adequate sites    

Makes a number of significant changes to the available sites inventory of housing elements. To comply San Mateo County jurisdictions may need to rezone sites or pass new laws. Among other changes:

          Sites that were listed in previous HE land inventories, but did not get redeveloped must be rezoned to allow affordable housing by right, if they are to be used in the next HE.

      Only sites that have water and other infrastructure, or will have it within three years of the adoption of the HE may be counted

      Small sites (under one acre) and large sites (over ten acre) have additional restrictions

         Sites must identify the capacity for all income levels; and

      Sites with existing uses require additional analysis.

      Redeveloped sites must have a one for one replacement policy for any affordable housing that was lost.

Link

1

AB 1505

Inclusionary Housing

Clarifies local governments’ ability to adopt inclusionary housing requirements for new market-rate rental developments (aka the “Palmer Fix” for Inclusive Neighborhoods). Link

1

SB 2

Affordable housing funding

Establishes a permanent source of funding for affordable housing through a $75 fee on real estate document filings. Link

1

SB 3

Affordable housing funding – Statewide bonds

Places a $3 billion statewide general obligation bond for affordable housing on the November 2018 ballot to fund affordable housing programs. Link

1

SB 35

RHNA, streamlined approval,

Requires cities that have failed to meet their RHNA numbers to use a streamlined, ministerial approval process for infill developments. Link

1

SB 166

 RHNA

Requires that cities available land inventory meet their RHNA requirements throughout the Housing Element period. Link

1

SB 697

 Development fees

Requires cities that fail to meet the annual reporting requirements of the Mitigation Fee Act to stop collecting impact fees. Link

1


ACA 4

Affordable housing funding – Local Bonds

Allows local governments to pass affordable housing and infrastructure bonds with a 55% vote. Link

2

AB 72

Enforcement of housing laws

Appropriates money to the Attorney General to enforce housing laws, including Housing Element law. Link

2

AB 167

Approval process

Extends the provisions of the Housing Accountability Act (HAA) to apply to above moderate-income developments. To deny a project, the findings must be based on clear and convincing evidence in the record. Changes other procedures in the HAA as well. Link

2

AB 199

Prevailing wages

Requires payment of prevailing wage for certain subsidized housing projects. Link

2

AB 352

Square footage of efficiency units

Prevents cities from requiring efficiency units to be larger than 150 sf and limits cities ability to regulate efficiencies in certain locations. Link

2

AB 565

Alternative building regulations for artists’ housing

Requires cities to adopt new regulations permitting artist housing. Link

2

AB 686

Affirmatively further fair housing

Requires a public agency to administer its programs and activities relating to housing and community development in a manner to affirmatively further fair housing. Link

2

AB 886

Safe Creative Live & Work Act

Requires cities to establish live work spaces. Requires landlords to register and renovate illegal buildings. Link

2

AB 1157

Teacher Housing

Allows school districts to prioritize the use of surplus property for school employee housing. Link

2

AB 1350

RHNA subregions

Changes the timing for forming subregions and assignment of RHNA, so it is approximately 4 months closer to the time when Housing Elements are due. Link

2

AB 1506

Costa Hawkins

Repeals Costa Hawkins limits on rent control. Link

2

AB 1515

Housing Accountability Act

Adopts a “reasonable person” standard for determining if a housing development is consistent with the Housing Accountability Act. Link

2

AB 1521

Affordable housing

Requiring entities purchasing buildings with expiring deed-restrictions to be: Headquartered in California, certified by HCD to manage affordable housing, and attempt to renew any expiring deed-restrictions and extend subsidies. Link

2

AB 1585

 Affordable housing, streamlined approval

Establishes in all jurisdictions an affordable housing zoning board and procedures by which a developer proposing to build affordable housing could submit to that board a single application for a comprehensive conditional use or other discretionary permit. Similar to current law in Massachusetts. Link

2

AB 1598

Tax Increment Financing, affordable housing finance

Authorizes local jurisdictions to create investment authorities to promote the creation of affordable housing through tax-increment financing. Link

2

SB 469

RHNA, Sites inventory

Requires cities to continue to meet their RHNA during the entire housing element cycle, not just at the start.

2

SB 780

Landscaping

Revises water efficient landscape ordinance standards. Link

2


AB 30

Specific plans

Legislation unclear and likely to change. Authorizes cities to produce infill plans.  Link

3

AB 73

Funding, streamlined approval, TOD

Encourages the creation of housing on infill sites around public transportation by providing financial payments to local governments that create Housing Sustainability Districts. Creating a district involves by right zoning for housing at specified densities and completing district-wide environmental review. Link

3

AB 423

Residential Hotel Protections

Allows Oakland to regulate and prevent evictions in SROs. Link

3

AB 663

Short term vacation rentals, coastal zone

Does not allow overnight rentals to be regulated in regards to income of the guest or price of the room, in the coastal zone. Link

3

AB 678

Approval process

Does not allow fees if they make a project infeasible. Burden of proof is on cities. Link

3

AB 890

CEQA

Closes a loophole that allowed developers to use referendums to avoid CEQA rules. Link

3

AB 1404

CEQA

Expand CEQA infill exemption to unicorporated parts of counties. Link

3

AB 1568

Minor edits

Non-substantive edits for clarity regarding the findings and declarations regarding the important of housing. Link

3

AB 1670

Tax credit for affordable housing developers

Spot bill. Language to be developed. Link

3

SB 277

Inclusionary Zoning

Allows cities to adopt incusionary zoning for rental properties. Considered less likely to move than AB 1505. Link

 

SB 540

Streamlined approval

Provides loans to cities that adopt Workforce Housing Overlay Zones (WHOZ), which can be repaid by a fee on new development in the zone. Cities would be prohibited from denying development in the WHOZ unless it meets certain criteria. Link

3

Note: This list is not intended to provide a comprehensive summary of all the pending legislation, nor is it intended to fully summarize the details of the bills.  In some cases, the bill summaries are copied from Nonprofit Housing Association of California, Housing California or the legislative council’s digest. We also referenced CA APA legislative watch list.