3/8/22, 1:49 PM Bill Text - AB-1445 Planning and zoning: regional housing need allocation: climate change impacts. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB1445 1/9 ASSEMBLY BILL NO. 1445
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Date Published: 01/03/2022 02:00 PM
AB-1445 Planning and zoning: regional housing need allocation: climate change impacts. (2021-2022)
AMENDED IN ASSEMBLY JANUARY 03, 2022
CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION
Introduced by Assembly Member Levine
February 19, 2021
An act to amend amend, repeal, and add Sections 65584.04 and 65584.06 of the Government Code, relating to housing.
LEGISLATIVE COUNSEL'S DIGEST
AB 1445, as amended, Levine. Planning and zoning: regional housing need allocation: climate change impacts.
The Planning and Zoning Law requires each county and city to adopt a comprehensive, long-term general plan for thephysical development of the county or city, and specified land outside its boundaries, that includes, among othermandatory elements, a housing element. For the 4th and subsequent revisions of the housing element, existing lawrequires the Department of Housing and Community Development to determine the existing and projected need forhousing for each region. Existing law requires the appropriate council of governments, or the department for cities andcounties without a council of governments, to adopt a final regional housing need plan that allocates a share of theregional housing need to each city, county, or city and county, as provided. Existing law requires that the final regionalhousing plan adopted by a council of governments, or a delegate subregion, as applicable, be based on a methodologythat includes specified factors, and similarly requires that the department take into consideration specified factors indistributing regional housing need, as provided.
This
Commencing January 1, 2025, this bill would require that a council of governments, a delegate subregion, or thedepartment, as applicable, additionally consider among these factors emergency evacuation route capacity, wildfire risk,sea level rise, and other impacts caused by climate change. By adding to the duties of local officials in allocating regionalhousing need, 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 mandatedby 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.
Vote: majority Appropriation: no Fiscal Committee: yes Local Program: yes THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
Home Bill Information California LawPublicationsOther ResourcesMy SubscriptionsMy Favorites 3/8/22, 1:49 PM Bill Text - AB-1445 Planning and zoning: regional housing need allocation: climate change impacts. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB1445 2/9 SECTION 1. Section 65584.04 of the Government Code is amended to read:
65584.04. (a) At least two years before a scheduled revision required by Section 65588, each council of governments, ordelegate subregion as applicable, shall develop, in consultation with the department, a proposed methodology fordistributing the existing and projected regional housing need to cities, counties, and cities and counties within the regionor within the subregion, where applicable pursuant to this section. The methodology shall further the objectives listed insubdivision (d) of Section 65584. (b) (1) No more than six months before the development of a proposed methodology for distributing the existing andprojected housing need, each council of governments shall survey each of its member jurisdictions to request, at aminimum, information regarding the factors listed in subdivision (e) that will allow the development of a methodologybased upon the factors established in subdivision (e). (2) With respect to the objective in paragraph (5) of subdivision (d) of Section 65584, the survey shall review and compileinformation that will allow the development of a methodology based upon the issues, strategies, and actions that areincluded, as available, in an Analysis of Impediments to Fair Housing Choice or an Assessment of Fair Housing completedby any city or county or the department that covers communities within the area served by the council of governments,and in housing elements adopted pursuant to this article by cities and counties within the area served by the council ofgovernments. (3) The council of governments shall seek to obtain the information in a manner and format that is comparablethroughout the region and utilize readily available data to the extent possible. (4) The information provided by a local government pursuant to this section shall be used, to the extent possible, by thecouncil of governments, or delegate subregion as applicable, as source information for the methodology developedpursuant to this section. The survey shall state that none of the information received may be used as a basis for reducingthe total housing need established for the region pursuant to Section 65584.01. (5) If the council of governments fails to conduct a survey pursuant to this subdivision, a city, county, or city and countymay submit information related to the items listed in subdivision (e) before the public comment period provided for insubdivision (d). (c) The council of governments shall electronically report the results of the survey of fair housing issues, strategies, andactions compiled pursuant to paragraph (2) of subdivision (b). The report shall describe common themes and effectivestrategies employed by cities and counties within the area served by the council of governments, including commonthemes and effective strategies around avoiding the displacement of lower income households. The council ofgovernments shall also identify significant barriers to affirmatively furthering fair housing at the regional level and mayrecommend strategies or actions to overcome those barriers. A council of governments or metropolitan planningorganization, as appropriate, may use this information for any other purpose, including publication within a regionaltransportation plan adopted pursuant to Section 65080 or to inform the land use assumptions that are applied in thedevelopment of a regional transportation plan. (d) Public participation and access shall be required in the development of the methodology and in the process of draftingand adoption of the allocation of the regional housing needs. Participation by organizations other than local jurisdictionsand councils of governments shall be solicited in a diligent effort to achieve public participation of all economic segmentsof the community as well as members of protected classes under Section 12955. The proposed methodology, along withany relevant underlying data and assumptions, an explanation of how information about local government conditionsgathered pursuant to subdivision (b) has been used to develop the proposed methodology, how each of the factors listedin subdivision (e) is incorporated into the methodology, and how the proposed methodology furthers the objectives listedin subdivision (e) (d) of Section 65584, shall be distributed to all cities, counties, any subregions, and members of thepublic who have made a written or electronic request for the proposed methodology and published on the council ofgovernments’, or delegate subregion’s, internet website. The council of governments, or delegate subregion, as applicable,shall conduct at least one public hearing to receive oral and written comments on the proposed methodology. (e) To the extent that sufficient data is available from local governments pursuant to subdivision (b) or other sources,each council of governments, or delegate subregion as applicable, shall include the following factors to develop themethodology that allocates regional housing needs:
(1) Each member jurisdiction’s existing and projected jobs and housing relationship. This shall include an estimate basedon readily available data on the number of low-wage jobs within the jurisdiction and how many housing units within thejurisdiction are affordable to low-wage workers as well as an estimate based on readily available data, of projected jobgrowth and projected household growth by income level within each member jurisdiction during the planning period. (2) The opportunities and constraints to development of additional housing in each member jurisdiction, including all ofthe following:
3/8/22, 1:49 PM Bill Text - AB-1445 Planning and zoning: regional housing need allocation: climate change impacts. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB1445 3/9 (A) Lack of capacity for sewer or water service due to federal or state laws, regulations or regulatory actions, or supplyand distribution decisions made by a sewer or water service provider other than the local jurisdiction that preclude thejurisdiction from providing necessary infrastructure for additional development during the planning period. (B) The availability of land suitable for urban development or for conversion to residential use, the availability ofunderutilized land, and opportunities for infill development and increased residential densities. The council of governmentsmay not limit its consideration of suitable housing sites or land suitable for urban development to existing zoningordinances and land use restrictions of a locality, but shall consider the potential for increased residential developmentunder alternative zoning ordinances and land use restrictions. The determination of available land suitable for urbandevelopment may exclude lands where the Federal Emergency Management Agency (FEMA) or the Department of WaterResources has determined that the flood management infrastructure designed to protect that land is not adequate toavoid the risk of flooding. (C) Lands preserved or protected from urban development under existing federal or state programs, or both, designed toprotect open space, farmland, environmental habitats, and natural resources on a long-term basis, including land zoned ordesignated for agricultural protection or preservation that is subject to a local ballot measure that was approved by thevoters of that jurisdiction that prohibits or restricts conversion to nonagricultural uses. (D) County policies to preserve prime agricultural land, as defined pursuant to Section 56064, within an unincorporatedarea and land within an unincorporated area zoned or designated for agricultural protection or preservation that is subjectto a local ballot measure that was approved by the voters of that jurisdiction that prohibits or restricts its conversion tononagricultural uses. (3) The distribution of household growth assumed for purposes of a comparable period of regional transportation plansand opportunities to maximize the use of public transportation and existing transportation infrastructure. (4) Agreements between a county and cities in a county to direct growth toward incorporated areas of the county andland within an unincorporated area zoned or designated for agricultural protection or preservation that is subject to a localballot measure that was approved by the voters of the jurisdiction that prohibits or restricts conversion to nonagriculturaluses. (5) The loss of units contained in assisted housing developments, as defined in paragraph (9) of subdivision (a) of Section65583, that changed to non-low-income use through mortgage prepayment, subsidy contract expirations, or terminationof use restrictions. (6) The percentage of existing households at each of the income levels listed in subdivision (e) (f) of Section 65584 thatare paying more than 30 percent and more than 50 percent of their income in rent. (7) The rate of overcrowding.
(8) The housing needs of farmworkers.
(9) The housing needs generated by the presence of a private university or a campus of the California State University orthe University of California within any member jurisdiction. (10) The housing needs of individuals and families experiencing homelessness. If a council of governments has surveyedeach of its member jurisdictions pursuant to subdivision (b) on or before January 1, 2020, this paragraph shall apply onlyto the development of methodologies for the seventh and subsequent revisions of the housing element. (11) The loss of units during a state of emergency that was declared by the Governor pursuant to the CaliforniaEmergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2), during the planning periodimmediately preceding the relevant revision pursuant to Section 65588 that have yet to be rebuilt or replaced at the time of the analysis.
(12) The region’s greenhouse gas emissions targets provided by the State Air Resources Board pursuant to Section65080. (13)Emergency evacuation route capacity, wildfire risk, sea level rise, and other impacts caused by climate change. (14)
(13) Any other factors adopted by the council of governments, that further the objectives listed in subdivision (d) ofSection 65584, provided that the council of governments specifies which of the objectives each additional factor isnecessary to further. The council of governments may include additional factors unrelated to furthering the objectives listed in subdivision (d) of Section 65584 so long as the additional factors do not undermine the objectives listed insubdivision (d) of Section 65584 and are applied equally across all household income levels as described in subdivision (f)of Section 65584 and the council of governments makes a finding that the factor is necessary to address significant healthand safety conditions. 3/8/22, 1:49 PM Bill Text - AB-1445 Planning and zoning: regional housing need allocation: climate change impacts. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB1445 4/9 (f) The council of governments, or delegate subregion, as applicable, shall explain in writing how each of the factorsdescribed in subdivision (e) was incorporated into the methodology and how the methodology furthers the objectiveslisted in subdivision (d) of Section 65584. The methodology may include numerical weighting. This information, and anyother supporting materials used in determining the methodology, shall be posted on the council of governments’, ordelegate subregion’s, internet website. (g) The following criteria shall not be a justification for a determination or a reduction in a jurisdiction’s share of theregional housing need:
(1) Any ordinance, policy, voter-approved measure, or standard of a city or county that directly or indirectly limits thenumber of residential building permits issued by a city or county. (2) Prior underproduction of housing in a city or county from the previous regional housing need allocation, as determinedby each jurisdiction’s annual production report submitted pursuant to subparagraph (H) of paragraph (2) of subdivision(a) of Section 65400. (3) Stable population numbers in a city or county from the previous regional housing needs cycle. (h) Following the conclusion of the public comment period described in subdivision (d) on the proposed allocationmethodology, and after making any revisions deemed appropriate by the council of governments, or delegate subregion,as applicable, as a result of comments received during the public comment period, and as a result of consultation with thedepartment, each council of governments, or delegate subregion, as applicable, shall publish a draft allocationmethodology on its internet website and submit the draft allocation methodology, along with the information requiredpursuant to subdivision (e), to the department. (i) Within 60 days, the department shall review the draft allocation methodology and report its written findings to thecouncil of governments, or delegate subregion, as applicable. In its written findings the department shall determinewhether the methodology furthers the objectives listed in subdivision (d) of Section 65584. If the department determinesthat the methodology is not consistent with subdivision (d) of Section 65584, the council of governments, or delegatesubregion, as applicable, shall take one of the following actions:
(1) Revise the methodology to further the objectives listed in subdivision (d) of Section 65584 and adopt a final regional,or subregional, housing need allocation methodology. (2) Adopt the regional, or subregional, housing need allocation methodology without revisions and include within itsresolution of adoption findings, supported by substantial evidence, as to why the council of governments, or delegatesubregion, believes that the methodology furthers the objectives listed in subdivision (d) of Section 65584 despite thefindings of the department. (j) If the department’s findings are not available within the time limits set by subdivision (i), the council of governments,or delegate subregion, may act without them. (k) Upon either action pursuant to subdivision (i), the council of governments, or delegate subregion, shall provide noticeof the adoption of the methodology to the jurisdictions within the region, or delegate subregion, as applicable, and to thedepartment, and shall publish the adopted allocation methodology, along with its resolution and any adopted writtenfindings, on its internet website. (l) The department may, within 90 days, review the adopted methodology and report its findings to the council ofgovernments, or delegate subregion. (m) (1) It is the intent of the Legislature that housing planning be coordinated and integrated with the regionaltransportation plan. To achieve this goal, the allocation plan shall allocate housing units within the region consistent with the development pattern included in the sustainable communities strategy. (2) The final allocation plan shall ensure that the total regional housing need, by income category, as determined underSection 65584, is maintained, and that each jurisdiction in the region receive an allocation of units for low- and very lowincome households. (3) The resolution approving the final housing need allocation plan shall demonstrate that the plan is consistent with thesustainable communities strategy in the regional transportation plan and furthers the objectives listed in subdivision (d) ofSection 65584. (n) This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
SEC. 2. Section 65584.04 is added to the Government Code, to read:
65584.04. (a) At least two years before a scheduled revision required by Section 65588, each council of governments, ordelegate subregion as applicable, shall develop, in consultation with the department, a proposed methodology for 3/8/22, 1:49 PM Bill Text - AB-1445 Planning and zoning: regional housing need allocation: climate change impacts. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB1445 5/9 distributing the existing and projected regional housing need to cities, counties, and cities and counties within the regionor within the subregion, where applicable pursuant to this section. The methodology shall further the objectives listed insubdivision (d) of Section 65584. (b) (1) No more than six months before the development of a proposed methodology for distributing the existing andprojected housing need, each council of governments shall survey each of its member jurisdictions to request, at aminimum, information regarding the factors listed in subdivision (e) that will allow the development of a methodologybased upon the factors established in subdivision (e). (2) With respect to the objective in paragraph (5) of subdivision (d) of Section 65584, the survey shall review and compileinformation that will allow the development of a methodology based upon the issues, strategies, and actions that areincluded, as available, in an Analysis of Impediments to Fair Housing Choice or an Assessment of Fair Housing completedby any city or county or the department that covers communities within the area served by the council of governments,and in housing elements adopted pursuant to this article by cities and counties within the area served by the council ofgovernments. (3) The council of governments shall seek to obtain the information in a manner and format that is comparable throughout the region and utilize readily available data to the extent possible. (4) The information provided by a local government pursuant to this section shall be used, to the extent possible, by thecouncil of governments, or delegate subregion as applicable, as source information for the methodology developedpursuant to this section. The survey shall state that none of the information received may be used as a basis for reducingthe total housing need established for the region pursuant to Section 65584.01. (5) If the council of governments fails to conduct a survey pursuant to this subdivision, a city, county, or city and countymay submit information related to the items listed in subdivision (e) before the public comment period provided for insubdivision (d). (c) The council of governments shall electronically report the results of the survey of fair housing issues, strategies, andactions compiled pursuant to paragraph (2) of subdivision (b). The report shall describe common themes and effectivestrategies employed by cities and counties within the area served by the council of governments, including commonthemes and effective strategies around avoiding the displacement of lower income households. The council ofgovernments shall also identify significant barriers to affirmatively furthering fair housing at the regional level and mayrecommend strategies or actions to overcome those barriers. A council of governments or metropolitan planningorganization, as appropriate, may use this information for any other purpose, including publication within a regionaltransportation plan adopted pursuant to Section 65080 or to inform the land use assumptions that are applied in thedevelopment of a regional transportation plan. (d) Public participation and access shall be required in the development of the methodology and in the process of draftingand adoption of the allocation of the regional housing needs. Participation by organizations other than local jurisdictionsand councils of governments shall be solicited in a diligent effort to achieve public participation of all economic segmentsof the community as well as members of protected classes under Section 12955. The proposed methodology, along withany relevant underlying data and assumptions, an explanation of how information about local government conditionsgathered pursuant to subdivision (b) has been used to develop the proposed methodology, how each of the factors listedin subdivision (e) is incorporated into the methodology, and how the proposed methodology furthers the objectives listedin subdivision (d) of Section 65584, shall be distributed to all cities, counties, any subregions, and members of the publicwho have made a written or electronic request for the proposed methodology and published on the council ofgovernments’, or delegate subregion’s, internet website. The council of governments, or delegate subregion, asapplicable, shall conduct at least one public hearing to receive oral and written comments on the proposed methodology. (e) To the extent that sufficient data is available from local governments pursuant to subdivision (b) or other sources,each council of governments, or delegate subregion as applicable, shall include the following factors to develop themethodology that allocates regional housing needs:
(1) Each member jurisdiction’s existing and projected jobs and housing relationship. This shall include an estimate basedon readily available data on the number of low-wage jobs within the jurisdiction and how many housing units within thejurisdiction are affordable to low-wage workers as well as an estimate based on readily available data, of projected jobgrowth and projected household growth by income level within each member jurisdiction during the planning period. (2) The opportunities and constraints to development of additional housing in each member jurisdiction, including all ofthe following:
(A) Lack of capacity for sewer or water service due to federal or state laws, regulations or regulatory actions, or supplyand distribution decisions made by a sewer or water service provider other than the local jurisdiction that preclude thejurisdiction from providing necessary infrastructure for additional development during the planning period. 3/8/22, 1:49 PM Bill Text - AB-1445 Planning and zoning: regional housing need allocation: climate change impacts. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB1445 6/9 (B) The availability of land suitable for urban development or for conversion to residential use, the availability ofunderutilized land, and opportunities for infill development and increased residential densities. The council of governmentsmay not limit its consideration of suitable housing sites or land suitable for urban development to existing zoningordinances and land use restrictions of a locality, but shall consider the potential for increased residential developmentunder alternative zoning ordinances and land use restrictions. The determination of available land suitable for urbandevelopment may exclude lands where the Federal Emergency Management Agency (FEMA) or the Department of WaterResources has determined that the flood management infrastructure designed to protect that land is not adequate toavoid the risk of flooding. (C) Lands preserved or protected from urban development under existing federal or state programs, or both, designed toprotect open space, farmland, environmental habitats, and natural resources on a long-term basis, including land zonedor designated for agricultural protection or preservation that is subject to a local ballot measure that was approved by thevoters of that jurisdiction that prohibits or restricts conversion to nonagricultural uses. (D) County policies to preserve prime agricultural land, as defined pursuant to Section 56064, within an unincorporatedarea and land within an unincorporated area zoned or designated for agricultural protection or preservation that is subjectto a local ballot measure that was approved by the voters of that jurisdiction that prohibits or restricts its conversion tononagricultural uses. (E) Emergency evacuation route capacity, wildfire risk, sea level rise, and other impacts caused by climate change. (3) The distribution of household growth assumed for purposes of a comparable period of regional transportation plansand opportunities to maximize the use of public transportation and existing transportation infrastructure. (4) Agreements between a county and cities in a county to direct growth toward incorporated areas of the county andland within an unincorporated area zoned or designated for agricultural protection or preservation that is subject to a localballot measure that was approved by the voters of the jurisdiction that prohibits or restricts conversion to nonagriculturaluses. (5) The loss of units contained in assisted housing developments, as defined in paragraph (9) of subdivision (a) of Section65583, that changed to non-low-income use through mortgage prepayment, subsidy contract expirations, or terminationof use restrictions. (6) The percentage of existing households at each of the income levels listed in subdivision (f) of Section 65584 that arepaying more than 30 percent and more than 50 percent of their income in rent. (7) The rate of overcrowding.
(8) The housing needs of farmworkers.
(9) The housing needs generated by the presence of a private university or a campus of the California State University orthe University of California within any member jurisdiction. (10) The housing needs of individuals and families experiencing homelessness. If a council of governments has surveyedeach of its member jurisdictions pursuant to subdivision (b) on or before January 1, 2020, this paragraph shall apply onlyto the development of methodologies for the seventh and subsequent revisions of the housing element. (11) The loss of units during a state of emergency that was declared by the Governor pursuant to the CaliforniaEmergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2), during the planning periodimmediately preceding the relevant revision pursuant to Section 65588 that have yet to be rebuilt or replaced at the timeof the analysis. (12) The region’s greenhouse gas emissions targets provided by the State Air Resources Board pursuant to Section65080. (13) Any other factors adopted by the council of governments, that further the objectives listed in subdivision (d) ofSection 65584, provided that the council of governments specifies which of the objectives each additional factor isnecessary to further. The council of governments may include additional factors unrelated to furthering the objectiveslisted in subdivision (d) of Section 65584 so long as the additional factors do not undermine the objectives listed insubdivision (d) of Section 65584 and are applied equally across all household income levels as described in subdivision (f)of Section 65584 and the council of governments makes a finding that the factor is necessary to address significant healthand safety conditions. (f) The council of governments, or delegate subregion, as applicable, shall explain in writing how each of the factorsdescribed in subdivision (e) was incorporated into the methodology and how the methodology furthers the objectiveslisted in subdivision (d) of Section 65584. The methodology may include numerical weighting. This information, and anyother supporting materials used in determining the methodology, shall be posted on the council of governments’, ordelegate subregion’s, internet website. 3/8/22, 1:49 PM Bill Text - AB-1445 Planning and zoning: regional housing need allocation: climate change impacts. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB1445 7/9 (g) The following criteria shall not be a justification for a determination or a reduction in a jurisdiction’s share of theregional housing need:
(1) Any ordinance, policy, voter-approved measure, or standard of a city or county that directly or indirectly limits thenumber of residential building permits issued by a city or county. (2) Prior underproduction of housing in a city or county from the previous regional housing need allocation, as determinedby each jurisdiction’s annual production report submitted pursuant to subparagraph (H) of paragraph (2) of subdivision(a) of Section 65400. (3) Stable population numbers in a city or county from the previous regional housing needs cycle. (h) Following the conclusion of the public comment period described in subdivision (d) on the proposed allocationmethodology, and after making any revisions deemed appropriate by the council of governments, or delegate subregion,as applicable, as a result of comments received during the public comment period, and as a result of consultation with thedepartment, each council of governments, or delegate subregion, as applicable, shall publish a draft allocationmethodology on its internet website and submit the draft allocation methodology, along with the information requiredpursuant to subdivision (e), to the department. (i) Within 60 days, the department shall review the draft allocation methodology and report its written findings to thecouncil of governments, or delegate subregion, as applicable. In its written findings the department shall determinewhether the methodology furthers the objectives listed in subdivision (d) of Section 65584. If the department determinesthat the methodology is not consistent with subdivision (d) of Section 65584, the council of governments, or delegatesubregion, as applicable, shall take one of the following actions:
(1) Revise the methodology to further the objectives listed in subdivision (d) of Section 65584 and adopt a final regional,or subregional, housing need allocation methodology. (2) Adopt the regional, or subregional, housing need allocation methodology without revisions and include within its resolution of adoption findings, supported by substantial evidence, as to why the council of governments, or delegatesubregion, believes that the methodology furthers the objectives listed in subdivision (d) of Section 65584 despite thefindings of the department. (j) If the department’s findings are not available within the time limits set by subdivision (i), the council of governments,or delegate subregion, may act without them. (k) Upon either action pursuant to subdivision (i), the council of governments, or delegate subregion, shall provide noticeof the adoption of the methodology to the jurisdictions within the region, or delegate subregion, as applicable, and to thedepartment, and shall publish the adopted allocation methodology, along with its resolution and any adopted writtenfindings, on its internet website. (l) The department may, within 90 days, review the adopted methodology and report its findings to the council ofgovernments, or delegate subregion. (m) (1) It is the intent of the Legislature that housing planning be coordinated and integrated with the regionaltransportation plan. To achieve this goal, the allocation plan shall allocate housing units within the region consistent withthe development pattern included in the sustainable communities strategy. (2) The final allocation plan shall ensure that the total regional housing need, by income category, as determined underSection 65584, is maintained, and that each jurisdiction in the region receive an allocation of units for low- and very lowincome households. (3) The resolution approving the final housing need allocation plan shall demonstrate that the plan is consistent with thesustainable communities strategy in the regional transportation plan and furthers the objectives listed in subdivision (d) ofSection 65584. (n) This section shall become operative on January 1, 2025.
SEC. 2.SEC. 3. Section 65584.06 of the Government Code is amended to read:
65584.06. (a) For cities and counties without a council of governments, the department shall determine and distribute theexisting and projected housing need, in accordance with Section 65584 and this section. If the department determinesthat a county or counties, supported by a resolution adopted by the board or boards of supervisors, and a majority ofcities within the county or counties representing a majority of the population of the county or counties, possess thecapability and resources and has agreed to accept the responsibility, with respect to its jurisdiction, for the distribution ofthe regional housing need, the department shall delegate this responsibility to the cities and county or counties. 3/8/22, 1:49 PM Bill Text - AB-1445 Planning and zoning: regional housing need allocation: climate change impacts. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB1445 8/9 (b) The distribution of regional housing need shall, based upon available data and in consultation with the cities andcounties, take into consideration market demand for housing, the distribution of household growth within the countyassumed in the regional transportation plan where applicable, employment opportunities and commuting patterns, theavailability of suitable sites and public facilities, the needs of individuals and families experiencing homelessness,agreements between a county and cities in a county to direct growth toward incorporated areas of the county, emergencyevacuation route capacity, wildfire risk, sea level rise, and other impacts caused by climate change, or otherconsiderations as may be requested by the affected cities or counties and agreed to by the department. As part of theallocation of the regional housing need, the department shall provide each city and county with data describing theassumptions and methodology used in calculating its share of the regional housing need. Consideration of suitable housingsites or land suitable for urban development is not limited to existing zoning ordinances and land use restrictions of alocality, but shall include consideration of the potential for increased residential development under alternative zoningordinances and land use restrictions. The determination of available land suitable for urban development may excludelands where the Federal Emergency Management Agency (FEMA) or the Department of Water Resources has determinedthat the flood management infrastructure designed to protect that land is not adequate to avoid the risk of flooding. (c) Within 90 days following the department’s determination of a draft distribution of the regional housing need to thecities and the county, a city or county may propose to revise the determination of its share of the regional housing need inaccordance with criteria set forth in the draft distribution. The proposed revised share shall be based upon comparabledata available for all affected jurisdictions, and accepted planning methodology, and shall be supported by adequatedocumentation. (d) (1) Within 60 days after the end of the 90-day time period for the revision by the cities or county, the departmentshall accept the proposed revision, modify its earlier determination, or indicate why the proposed revision is inconsistentwith the regional housing need. (2) If the department does not accept the proposed revision, then, within 30 days, the city or county may request a publichearing to review the determination. (3) The city or county shall be notified within 30 days by certified mail, return receipt requested, of at least one publichearing regarding the determination. (4) The date of the hearing shall be at least 10 but not more than 15 days from the date of the notification. (5) Before making its final determination, the department shall consider all comments received and shall include a writtenresponse to each request for revision received from a city or county. (e) If the department accepts the proposed revision or modifies its earlier determination, the city or county shall use thatshare. If the department grants a revised allocation pursuant to subdivision (d), the department shall ensure that thetotal regional housing need is maintained. The department’s final determination shall be in writing and shall includeinformation explaining how its action is consistent with this section. If the department indicates that the proposed revisionis inconsistent with the regional housing need, the city or county shall use the share that was originally determined by thedepartment. The department, within its final determination, may adjust the allocation of a city or county that was not thesubject of a request for revision of the draft distribution. (f) The department shall issue a final regional housing need allocation for all cities and counties within 45 days of thecompletion of the local review period. (g) Statutory changes enacted after the date the department issued a final determination pursuant to this section shallnot be a basis for a revision of the final determination. (h) This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
SEC. 4. Section 65584.06 is added to the Government Code, to read:
65584.06. (a) For cities and counties without a council of governments, the department shall determine and distribute theexisting and projected housing need, in accordance with Section 65584 and this section. If the department determinesthat a county or counties, supported by a resolution adopted by the board or boards of supervisors, and a majority ofcities within the county or counties representing a majority of the population of the county or counties, possess thecapability and resources and has agreed to accept the responsibility, with respect to its jurisdiction, for the distribution ofthe regional housing need, the department shall delegate this responsibility to the cities and county or counties. (b) The distribution of regional housing need shall, based upon available data and in consultation with the cities andcounties, take into consideration market demand for housing, the distribution of household growth within the countyassumed in the regional transportation plan where applicable, employment opportunities and commuting patterns, theavailability of suitable sites and public facilities, the needs of individuals and families experiencing homelessness,agreements between a county and cities in a county to direct growth toward incorporated areas of the county, emergencyevacuation route capacity, wildfire risk, sea level rise, and other impacts caused by climate change, or other 3/8/22, 1:49 PM Bill Text - AB-1445 Planning and zoning: regional housing need allocation: climate change impacts. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB1445 9/9 considerations as may be requested by the affected cities or counties and agreed to by the department. As part of theallocation of the regional housing need, the department shall provide each city and county with data describing theassumptions and methodology used in calculating its share of the regional housing need. Consideration of suitable housingsites or land suitable for urban development is not limited to existing zoning ordinances and land use restrictions of alocality, but shall include consideration of the potential for increased residential development under alternative zoningordinances and land use restrictions. The determination of available land suitable for urban development may excludelands where the Federal Emergency Management Agency (FEMA) or the Department of Water Resources has determinedthat the flood management infrastructure designed to protect that land is not adequate to avoid the risk of flooding. (c) Within 90 days following the department’s determination of a draft distribution of the regional housing need to thecities and the county, a city or county may propose to revise the determination of its share of the regional housing needin accordance with criteria set forth in the draft distribution. The proposed revised share shall be based upon comparabledata available for all affected jurisdictions, and accepted planning methodology, and shall be supported by adequatedocumentation. (d) (1) Within 60 days after the end of the 90-day time period for the revision by the cities or county, the departmentshall accept the proposed revision, modify its earlier determination, or indicate why the proposed revision is inconsistentwith the regional housing need. (2) If the department does not accept the proposed revision, then, within 30 days, the city or county may request a publichearing to review the determination. (3) The city or county shall be notified within 30 days by certified mail, return receipt requested, of at least one publichearing regarding the determination. (4) The date of the hearing shall be at least 10 but not more than 15 days from the date of the notification. (5) Before making its final determination, the department shall consider all comments received and shall include a writtenresponse to each request for revision received from a city or county. (e) If the department accepts the proposed revision or modifies its earlier determination, the city or county shall use thatshare. If the department grants a revised allocation pursuant to subdivision (d), the department shall ensure that thetotal regional housing need is maintained. The department’s final determination shall be in writing and shall includeinformation explaining how its action is consistent with this section. If the department indicates that the proposed revisionis inconsistent with the regional housing need, the city or county shall use the share that was originally determined by thedepartment. The department, within its final determination, may adjust the allocation of a city or county that was not thesubject of a request for revision of the draft distribution. (f) The department shall issue a final regional housing need allocation for all cities and counties within 45 days of thecompletion of the local review period. (g) Statutory changes enacted after the date the department issued a final determination pursuant to this section shallnot be a basis for a revision of the final determination. (h) This section shall become operative on January 1, 2025.
SEC. 3.SEC. 5. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the CaliforniaConstitution because a local agency or school district has the authority to levy service charges, fees, or assessmentssufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of theGovernment Code.