Overview
This bill aims to incentivize California jurisdictions to adopt pro-housing policies and comply with housing element requirements. It establishes a 'pro-housing' designation system administered by the California Department of Housing and Community Development (HCD) that provides benefits in scoring for certain state housing and infrastructure programs. The legislation seeks to address California's housing crisis by encouraging local governments to facilitate housing production and preservation through policy changes and streamlined processes.
Core Provisions
The bill creates a system of incentives for jurisdictions that comply with housing element requirements and enact pro-housing local policies. These incentives take the form of additional points or preferences in the scoring of competitive housing and infrastructure programs. The HCD is tasked with developing criteria for pro-housing local policies, considering the needs of rural, suburban, and urban jurisdictions. Jurisdictions with compliant housing elements and pro-housing designations must report these designations annually. The bill defines pro-housing policies broadly, including measures like local housing trust funds, reduced parking requirements, by-right zoning for residential/mixed-use development, and upzoning for higher densities. It also establishes specific provisions for small rural jurisdictions, allowing them to request evaluation of their housing element submissions for pro-housing policies and exempting them from designation renewal for at least four years.
Key Points
- Creates 'pro-housing' designation system with scoring incentives for state programs
- HCD to develop criteria for pro-housing policies considering diverse jurisdiction needs
- Annual reporting required for compliant jurisdictions with pro-housing designations
- Defines broad range of qualifying pro-housing policies
- Special provisions for small rural jurisdictions
Legal References
- Government Code Section 65589.9
- Health and Safety Code Section 53545.13
- Health and Safety Code Section 53559
Implementation
The California Department of Housing and Community Development (HCD) is the primary agency responsible for implementing this legislation. The HCD is required to adopt emergency regulations by July 1, 2021, to implement the pro-housing designation system. These emergency regulations will remain in effect until permanent regulations are adopted. The HCD must collaborate with stakeholders in developing these regulations. The department is also tasked with evaluating jurisdictions for pro-housing designations, including special provisions for evaluating small rural jurisdictions upon request. The HCD must publish an annual list of programs included under the pro-housing incentives on its website starting January 1, 2021. Funding mechanisms are not explicitly detailed in the available summaries, but the incentives are structured around existing competitive housing and infrastructure programs.
Key Points
- HCD to adopt emergency regulations by July 1, 2021
- HCD responsible for evaluating and designating pro-housing jurisdictions
- Annual publication of included programs on HCD website
- Collaboration with stakeholders required in regulation development
Legal References
- Government Code Section 65589.9(d)
- Government Code Section 11346.1
Impact
The primary beneficiaries of this legislation are local jurisdictions in California that adopt pro-housing policies and maintain compliant housing elements. These jurisdictions will receive competitive advantages in scoring for certain state housing and infrastructure programs, potentially increasing their access to funding and resources. The bill is expected to incentivize local governments to facilitate housing production and preservation, potentially leading to increased housing supply and affordability in California. Small rural jurisdictions may benefit from reduced administrative burdens due to less frequent renewal requirements for pro-housing designations. While specific cost estimates are not provided in the available summaries, the administrative burden on the HCD is likely to increase due to the need to develop and implement the pro-housing designation system, evaluate jurisdictions, and maintain annual program lists. The long-term expected outcome is a more supportive local policy environment for housing development across California.
Legal Framework
This legislation amends and adds to the California Government Code, particularly focusing on housing element law and related housing policies. It operates within the state's authority to regulate land use and housing policy. The bill does not appear to preempt local law directly, but rather creates incentives for local jurisdictions to voluntarily adopt certain policies. The emergency rulemaking provisions allow the HCD to implement the program more quickly by temporarily bypassing standard administrative procedures. The bill does not explicitly address judicial review, but as with most state laws, it would likely be subject to challenge in state courts if constitutional or other legal issues arise.
Critical Issues
Several potential challenges and concerns may arise from this legislation. Implementation could be complex, requiring the HCD to develop nuanced criteria that effectively evaluate diverse jurisdictions across urban, suburban, and rural contexts. There may be concerns about the fairness of the incentive system, particularly for jurisdictions that face unique constraints in adopting certain pro-housing policies. The use of emergency regulations, while expediting implementation, may raise questions about the thoroughness of the rulemaking process. Additionally, there could be unintended consequences if the incentive structure inadvertently encourages development patterns that conflict with other state goals, such as environmental protection or preservation of agricultural land. Opposition may argue that the bill infringes on local control over land use decisions or that it doesn't go far enough in addressing California's housing crisis. The effectiveness of the incentives in actually spurring housing production remains to be seen and will likely require careful monitoring and potential adjustments over time.