Loading...
HomeMy WebLinkAbout072820-03.1 LEGISLATIVE COMMITTEE MEMORANDUM 3.1 TO: Mayor and Town Council July 28, 2020 SUBJECT: July Legislative Report BACKGROUND Both individually and as part of the Tri-Valley Cities coalition, Danville officials are continuing to adapt to the social and economic changes and 2020 state legislative priorities. The immediate focus on our advocacy work has been to support legislative efforts that help the Town recover from the COVID-19 pandemic and limit new legislation that impacts local control and adds stress to the Town’s already depleted resources. The California State Legislature (legislature) opened the 2020 legislative session with 2,203 active bills as of February 21, the last day for bills to be introduced during the session. The COVID-19 pandemic has had a major impact on the legislative schedule and priorities. State, counties, and local agencies have had to confront a steep and unprecedented economic crisis including job losses, budget shortfalls and reduced services. The Legislature returned from summer recess on July 27. There are over 700 bills that will be acted on in the next four weeks before the session ends on August 31. State Budget On June 26, the Assembly and the Senate approved AB 89 which reflects a complete budget agreement between Governor Newsom and Legislative leadership. The state received 15 billion dollars of federal funds from the Coronavirus Aid, Relief, and Economic Security (CARES) Act to address urgent need in response to the COVID -19 public health emergency. The state is lobbying the federal government for CARES Act phase four funds to cover budget shortfalls. The California Department of Finance notified cities in early July that the state allocated CARES Act funding to counties and cities on a per capita basis. Danville’s per capita allocation is $541,743. The CARES funds cover a period from March 1 to December 30, 2020. The town completed the certification required to receive funding and participated in a webinar with the Department of Finance outlining the reimbursement process, documentation guidelines, and quarterly reporting requirements. The town will be submitting a report to the Department of Finance covering COVDI-19 expenses from March 1 through June 30 on September 1, 2020. July Legislative Update 2 July 28, 2020 Housing The Senate Pro Tem housing production legislative package has moved from the Senate to the Assembly. Four bills in the package have been amended. The housing package would streamline existing housing approval processes at the state and local levels. The focus of this package is to reduce workload for local planning departments, increase the availability of existing affordable housing, and build policies that would accelerate job growth and economic development. DISCUSSION Senate Housing Production Package Amendments SB 1385 - Caballero: Neighborhood Homes Act (Oppose) This bill would unlock existing land zoned for commercial office and retail for potential residential development by making housing an eligible use on those sites. The bill would also allow for streamlined ministerial approval of housing projects on land zoned for office or retail commercial use when the site has been vacant or severely underutilized for at least three (3) years and the project meets the existing requirements for by-right housing. The authors amendments would do the following: • Clarify that a housing development project is an “allowable” use, rather than an “authorized” use on a specified neighborhood lot. • Specify that all local requirements for a neighborhood lot zoned for office or retail commercial use apply to a project authorized under the bill, except for those that prohibit residential use, or that allow residential use at a lower density. • Specify that the rental of any unit created under the bill be for a term longer than 30 days. • Prohibit mixed use developments from including square footage designated for hotel, motel, bed and breakfast inn, or other transient lodging use, except for a residential hotel, as specified. League Position: Watch/Seeking amendments SB 1120 - Atkins: Subdivisions: Tentative Maps (Oppose) Builds off state Accessory Dwelling Unit (ADU) law that allows for at least three units/parcel; further encourages small-scale neighborhood development spearheaded by homeowners by creating a ministerial approval process for duplexes and lot splits that meet local zoning, environmental and tenant displacement standards. Local governments are not required to permit ADU’s on sites that exercise this option. The creation of local ordinances to implement these sections are not subject to CEQA. The authors amendments would do the following: • Clarify the historic district exception by prohibiting a proposed duplex or urban lot split from being located within a historic district that is designated or listed as a city or county landmark or historic property, as specified. • Delete a provision that prohibits a local agency from imposing parking July Legislative Update 3 July 28, 2020 requirements on parcels located within a historic district. • Specify that a local agency may not impose parking r equirements on parcels located within ½ mile of either a “high quality transit corridor” or a “major transit stop,” as specified, rather than within a ½ mile of “public transit.” • Specify that a proposed development is banned or limited from demolition of more than “25 percent of the existing exterior structure walls” rather than “one existing wall.” • Specify that the rental of any unit created pursuant to the bill must be for more than 30 days. • Expand the prohibition against consecutive urban lot splits by prohibiting those executed by any person acting in concert with the owner, as specified. • Authorize a local agency to require that a proposed duplex connected to an onsite water treatment system have a percolation test within the last five years, or within the last 10 years if the test has been recertified, as specified. League Position: Support if Amended SB 995 - Atkins: Environmental Quality: Jobs and Economic Improvement Through Environmental Leadership Act (Support) Provides California Environmental Quality Act (CEQA) relief by expanding the existing AB-900 process for Environmental Leadership Development Projects for housing projects, particularly affordable housing. This creates a new tool for housing developers who may have been interested in utilizing the AB 900 process, but did not meet the existing dollar threshold. In addition to creating housing units, it also could carry the benefit of creating numerous construction jobs. According to figures compiled by the Governor’s Office of Planning and Research and Senate Office of Research, since 2011, 10,573 housing units have been constructed or proposed under projects certified under AB 900, and the law helped create 46,949 high-wage, permanent construction jobs. The authors amendments would do the following: • Affordable housing as defined by Section 50079.5 of the Health and Safety Code. “Lower income households” means persons and families whose income does not exceed the qualifying limits for lower income families as established and amended from time to time pursuant to Section 8 of the United States Housing Act of 1937. • Adds language regarding the use of skilled and trained labor. League Position: Watch SB 1085 - Skinner: Density Bonus Law: Qualifications for Incentives or Concessions (Oppose) SB 1085 would make changes to the Density Bonus Law and incentivize the construction of housing developments that will contain a specified percentage of units for low and moderate-income households and for which the rent is 30% below market rate. The bill’s mandated local costs would not be subject to state reimbursement because local agencies have the authority to charge and adjust planning and permitting fees as necessary to cover administrative costs. Increasing the amount of affordable housing for low- income July Legislative Update 4 July 28, 2020 families remains a top priority for the Senate. Enhancing the Density Bonus Law would allow developers to expand projects, thereby enhancing their profitability, and adding more affordable housing units at no cost to taxpayers. League: Oppose Unless Amended. The authors amendments would: • Delete the authority for developers to determine whether incentives or concessions result in identifiable and actual cost reductions to provide for affordable housing costs, as specified. • Revise specified language related to affordable housing fees. Specifically, change a reference from “fees related to affordable housing” to “affordable housing impact fees.” League Position: Oppose Unless Amended Housing Bills SB 899 – Weiner: Planning and Zoning: Housing Development: Higher Education Institutions and Religious Institutions The Planning and Zoning Law requires each county and city to adopt a comprehensive, long-term general plan for its physical development, and the development of certain lands outside its boundaries, that includes, among other mandatory elements, a housing element. That law allows a development proponent to submit an application for a development that is subject to a specified streamlined, ministerial approval process not subject to a conditional use permit if the development satisfies certain objective planning standards. This bill would require that a housing development project be a use by right upon the request of an independent institution of higher education or religious institution that partners with a qualified developer on any land owned in fee simple by the applicant on or before January 1, 2020, if the development satisfies specified criteria. League Position: Oppose AB 1851 - Wicks: Religious Institution Affiliated Housing Development Projects: Parking Requirements. Would prohibit a local agency from requiring the replacement of religious-use parking spaces that a developer of a religious institution affiliated housing development p roject proposes to eliminate as part of that housing development project. The bill would prohibit the number of religious-use parking spaces requested to be eliminated from exceeding 50% of the number that are available at the time the request is made. The bill would prohibit a local agency from requiring the curing of any preexisting deficit of the number of religious-use parking spaces as a condition of approval of a religious institution affiliated housing development project. League Position: Watch AB 3040 – Chiu: Local Planning: Regional Housing Needs Assessment Would authorize a city or county to include in its inventory of land suitable for residential development specified sites that contain an existing single-family dwelling unit, but that July Legislative Update 5 July 28, 2020 the city or county has permitted, or is proposing to permit, to contain 4 dwelling units as a use by right. The bill would require these sites to be identified to satisfy either the moderate or the above-moderate income regional housing need income level. The bill would require a city or county identifying a site pursuant to these provisions to include in its housing element a description of the development standards that enable the identified sites to be redeveloped at a higher density, as specified. The bill would authorize a city or county, instead of listing sites individually in its inventory of land suitable for residential development, to include a summary of the credits received if the list of sites is included elsewhere in the housing element. League Position: Support in Concept. The League of California Cities would like to work with the Housing and Community Development Committee on language also allowing the rezoning to occur as part of housing element implementation. AB 3107 – Bloom: Planning and Zoning: General Plan: Housing Development The Planning and Zoning Law authorizes the legislative body of any county or city, pursuant to specified procedures, to adopt ordinances that, among other things, regulate the use of buildings, structures, and land as between industry, business, residences, open space, and other purposes. This bill, notwithstanding any inconsistent provision of a city’s or county’s general plan, specific plan, zoning ordinance, or regulation, would require that a housing development be an authorized use on a site designated in any local agency’s zoning code for commercial uses if certain conditions apply. League Position: Watch/Seeking Amendments Disaster /Emergency Preparedness SB 378 - Wiener: Electrical Corporations. Deenergization Events. Procedures. Allocation of Costs. Reports. This bill would require electrical corporations to collect more data on their equipment and ensure that costs accrued by local governments and customers during a utility - initiated power shutoff are recovered in a timely manner. The bill was placed in suspense file. The California Public Utilities Commission is the lead agency for oversight on Public Safety Power Shutoff events and is continuing to take steps to hold investor owned utilities accountable for these events. Transportation SB 278 - Beall: Metropolitan Transportation Commission The Metropolitan Transportation Commission Act creates the Metropolitan Transportation Commission as a local area planning agency to provide comprehensive regional transportation planning for the region comprised of the nine San Francisco Bay area counties. The act requires the commission to continue to actively, on behalf of the entire region, seek to assist in the development of adequate funding sources to develop, construct, and support transportation projects that it determines are essential. This bill would also require the commission to determine that those transportation projects are a priority for the region. This is a 2-year bill that started in the Assembly and was held at July Legislative Update 6 July 28, 2020 the desk since January. On June 18, the bill was referred to the Committee on Transportation. League Position: Watch Homelessness AB 3269 – Chiu: State and Local Homelessness Plans This measure, upon appropriation by the Legislature, would require the Homeless Coordinating and Financing Council to conduct, or contract with an entity to conduct, a statewide needs and gaps analysis to identify, among other things, state programs that provide housing or services to persons experiencing homelessness and funding required to move persons experiencing homelessness and funding required to move persons experiencing homelessness into permanent housing. This measure would also state the intent of the Legislature that each state and local agency aim to reduce homelessness by within its jurisdiction by 90 percent by December 31, 2028. League Position: Watch Grant Applications The town has recently received confirmation through the Department of Parks and Recreation on Danville’s per capital allocation funding of $205,000. The funds will be available to use for a parks and recreation CIP projects or acquisitions. Town staff recently submitted a Local Early Action Planning grant application to HCD and received preliminary approval for a $150,000 grant. Staff is beginning the application process for the Highway Safety Improvement Grant Program and the Active Transportation Program Grant Program. New grants are coming online as resources for recovery from COVID-19. Staff is continuing to evaluate existing and new fund options. Prepared by: Diane Friedmann Assistant to the Town Manager Attachments: A – State Senate and Assembly Committee Updates B – 2020 Equity Bills SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 SB 899 THIRD READING Bill No: SB 899 Author: Wiener (D), et al. Amended: 6/18/20 Vote: 21 SENATE HOUSING COMMITTEE: 10-0, 5/26/20 AYES: Wiener, Morrell, Caballero, Durazo, McGuire, Moorlach, Roth, Skinner, Umberg, Wieckowski NO VOTE RECORDED: Bates SENATE APPROPRIATIONS COMMITTEE: 7-0, 6/18/20 AYES: Portantino, Bates, Bradford, Hill, Jones, Leyva, Wieckowski SUBJECT: Planning and zoning: housing development: higher education institutions and religious institutions SOURCE: Non-profit Housing Association of Northern California Southern California Association of Nonprofit Housing DIGEST: This bill provides that housing is a use by right on land owned by a religious institution or nonprofit college, as specified. ANALYSIS: Existing law: 1) Requires a local jurisdiction to give public notice of a hearing whenever a person applies for a zoning variance, special use permit, conditional use permit, zoning ordinance amendment, or general or specific plan amendment. 2) Requires the board of zoning adjustment or zoning administrator to hear and decide applications for conditional uses or other permits when the zoning ordinance provides therefor and establishes criteria for determining those matters, and applications for variances from the terms of the zoning ordinance. ATTACHMENT A SB 899 Page 2 3) Provides that supportive housing, in which 100% of units are dedicated to low- income households (up to 80% AMI) and are receiving public funding to ensure affordability, shall be a use by right in all zones where multifamily and mixed uses are allowed, as specified. 4) Requires cities and counties to prepare and adopt a general plan, including a housing element, to guide the future growth of a community. The housing element shall consist of an identification and analysis of existing and projected housing needs and a statement of goals , policy objectives, financial resources, and scheduled programs for the preservation, improvement, and development of housing. 5) Requires the housing element to identify adequate sites for housing and to make adequate provision for the existing and project ed needs of all economic segments of the community. This bill: 1) Provides that housing is a use by right on land owned on or before January 1, 2020, by a religious institution or nonprofit college if the development meets all of the following criteria: a) The project is located on a parcel that is in an urbanized area or cluster, a site in which at least 75% of the perimeter of the site adjoins parcels developed for urban uses, and sites zoned for residential or mixed us e. b) The development project is not located on an environmentally sensitive site, as specified. c) The development project is not located within a historic district, as specified. d) The development project is located in a residential, mixed -use, or commercial zone and meets specified density requireme nts (see #2 and #3). e) The development project is located on a site that is one-quarter acre or greater. f) All residential units in the development project, exclusive of a manager’s unit or units, must be restricted to households with an income of 80% AMI or lower, except that up to 20% may be designated for incomes up to 120% AMI, for at least 55 years for rental units and at least 45 years for owner- occupied units. The rent or sales price for the unit must be at least 20% below market rate for a unit of similar size and bedroom count in the same neighborhood. The applicant shall provide the city or county with evidence that the units meet these requirements. A locality may restrict the development project to lower-income households for longer periods if such SB 899 Page 3 restrictions are consistent with all applicable regulatory re quirements for state assistance. A religious institution, nonprofit college, or qualified developer may restrict all units, exclusive of manager units, to 80% AMI or lower. g) The development project complies with all objective development standards of the city or county that are not in conflict with this section. h) Any demolition of existing residential dwelling units in relation to the project must comply with existing statutory anti-demolition protections. 2) Provides that if the development project is in a residential or mixed -use zone: a) T he project shall be allowed a density of the applicable density deemed appropriate to accommodate housing for lower income households identified in housing element law. b) If the local government allows for greater residential density on that parcel, or greater residential density or building heights on an adjacent parcel, the greater density or building height shall apply. c) The project shall be eligible for a dens ity bonus or other incentives or concessions. 3) Provides that if the development project is located in a commercial zone : a) The project shall be allowed a density of 40 units per acre and a height of one story above the maximum height applicable to the parcel. b) If the local government allows for greater residential density or building heights on the parcel, or on an adjacent parce l, the greater density or building height shall apply. A project shall not use an incentive, waiver, or concession to increase the height of the development to exceed this authorization. c) Except as specified in b), a project shall be eligible for a density bonus or other incentives or concessions. 4) Provides that a development project shall be deemed to be located in a residential, mixed -use, or commercial zone if it meets both of the following requirements: a) The development project is proposed for a parcel th at is zoned for educational or religious use to conform to the existing use. b) The development project is proposed for a parcel that is adjacent to a parcel located in a residential, mixed -use, or commercial zone. SB 899 Page 4 5) Requires an applicant religious institutio n or nonprofit college to partner with a developer to construct a housing development project and request approval of that project as a use by right. 6) Defines a developer as a local public entity or a developer that meets both of the following: a) The develo per is a nonprofit corporation, a limited partnership in which the managing general partner is a nonprofit corporation, or a limited liability company in which the managing member is a nonprofit corporation. b) The developer, at the time of application, owns or manages housing units located on property that is subject to the welfare property tax e xemption. 7) Provides that a housing development project that is eligible as a use by right under this bill may include the following ancillary uses, provided those uses are limited to the ground floor of the development: a) In a single-family residential zone, ancillary uses shall be limited to uses that provide direct services to the residents of the development and have a community benefit, including child care centers and community centers. b) In a multifamily residential, commercial, or mixed -use zone, the development may include commercial uses that are permitted without a conditional use permit or planned unit development permit. 8) Requires a development project under this bill to provide off-street parking of up to one space per unit, unless a local ordinance provides for a lower standard of parking, in which c ase the ordinance shall apply. Prohibits a local government from imposing a parking requirement if either of the following is true: a) The parcel is located within one-half mile walking distance of public transit, either a high-quality transit corridor or a major transit stop, as specified. b) There is a car share vehicle located within one block of the parcel. Background Every city and county in California is required to develop a general plan that outlines the community’s vision of future development through a series of policy statements and goals. A community’s general plan lays the foundation for all future land use decisions, as these decisions must be consistent with the plan. General plans are comprised of several elements that address various land use topics. Seven elements are mandated by state law: land use, circulation, housing, conservation, open-space, noise, and safety. Each community’s general plan must SB 899 Page 5 include a housing element, which outlines a long-term plan for meeting the community’s existing and projected housing needs. The housing element demonstrates how the community plans to accommodate its “fair share” of its region’s housing needs. To do so, each community establishes an inventory of sites designated for new housing that is sufficient to accommodate its fair share. Communities also identify regulatory barriers to housing development and propose strategies to address those barriers. State law requires cities and counties to update their housing elements every eight years. Cities and counties enact zoning ordinances to implement their general plans. Zoning determines the type of housing that can be built. In addition, before building new housing, housing developers must obtain one or more permits from local planning departments and must also obtain approval from local planning commissions, city councils, or county board of supervisors. Some housing projects can be permitted by city or county planning staff ministerially or without further approval from elected officials. Projects reviewed ministerially require only an administrative review designed to ensure they are consistent with existing general plan and zoning rules, as well as meet standards for building quality, health, and safety. Most large housing projects are not allowed ministerial review. Instead, these projects are vetted through both public hearings and administrative review. Most housing projects that require discretionary review and approval are subject to review under the California Environmental Quality Act (CEQA), while projects permitted ministerially generally are not. Comments 1) Author’s statement. “SB 899 would make building affordable housing easier, faster, and cheaper for faith-based institutions and nonprofit colleges that want to build affordable housing. Many of these are already community anchors, and this would help them build stable, safe, affordable ho using for local residents and families and open doors to high-resource neighborhoods. Unfortunately, many of these institutions are located in areas that are not zoned to permit multifamily housing. This means the religious institution and affordable hous ing developer partner have to rezone the land, which is a tricky process that costs money and can cause long delays in building the affordable housing units Californians need. These religious institutions and nonprofit colleges would partner with affordable housing developers and agree to maintain the affordability of these homes for at least 55 years for rental housing and 45 years for homeownership opportunities. Depending on the location of the property and proximity to commercial areas and different types of residential SB 899 Page 6 neighborhoods, these institutions would be able to build new affordable homes without undergoing costly and time intensive rezonings.” 2) Reports. A report by Mercy Housing and the Low Income Investment Fund (August 2017) outlines nine case studies across the country where healthcare funds are being used to expand permanent housing and/or prioritize housing towards people who are high users of the healthcare system. These case studies include projects in Salinas, San Mateo, San Francisco, and Los Angeles, as well as the state-run developmental centers. The report notes that “the community development, housing and health fields are increasingly coming together around shared goals and vision, however, the translation from vision to real world practice has been harder than many anticipated” due to structural obstacles and financial barriers. A report by the Local Initiatives Support Corporation (February 2020) focuses on the New York Land Opportunity Program (NYLOP), an initiative that helps property-owning churches and other mission-driven groups develop the expertise and partnerships needed to build affordable housing on their underutilized land. NYLOP, a partnership with New York City, launched three years ago with a series of informational workshops; three groups have since partnered with developers and these first projects are poised to create more than 300 units of affordable housing. In fall 2019, JP Morgan Chase invested $500,000 into the program to help additional mission-driven organizations, including owners of HUD-assisted properties. The report notes that similar initiatives are now up and running in the Bay Area, San Antonio, and Buffalo, NY. In the Bay Area, LISC has launched the Alameda County Housing Development Capacity Building Program, with a first cohort of 10 churches in Berkeley and Oakland, several of which are currently drawing up development plans. 3) Where does this bill apply? This bill applies to land owned by a by a religious institution, defined as an institution owned, controlled, and operated and maintained by a bona fide church, religious denomination, or religious organization. This bill also includes land owned by nonprofit colleges, specifically non-public, non-profit higher education institutions that are accredited by an agency recognized by the US Department of Education. The author notes that many of these colleges have tight finances but own a significant amount of land; leasing some of this land for affordable housing could help generate needed revenue. 4) Who can use this bill? This bill requires an applicant religious institution or nonprofit college to partner with a developer on a project. “Developer” is SB 899 Page 7 defined as a local public entity, or a developer that is a nonprofit that owns or manages housing units located on property that is subject to the welfare property tax exemption. (In general, the welfare exemption is available for properties that are formed, operated, and used exclusively for qualifying purposes by a nonprofit organization.) 5) What will these projects look like? This bill applies to parcels that are at least one-quarter acre. In a residential or mixed use zone, it provides for a density of the applicable density deemed appropriate to accommodate housing for lower income hous eholds identified in housing element law (commonly referred to as “Mullin densities” – see #6 below). In a commercial zone, it allows a density of 40 units per acre and a height of one story above the maximum height applicable to the parcel. If a local government allows for greater residential density or building height, the greater density or building height shall apply, as specified . This bill also allows for specified ancillary uses on the ground floor of the development, and provides for reduced park ing requirements if the development provides bike parking or car share a ccess . 6) Mullin densities. A local government must determine whether each site in its site inventory for its housing element can accommodate some portion of the jurisdiction’s share of the regional housing needs assessment requirement by income category during the housing element planning period. A community must use the “default zoning densities,” also referred to as “Mullin densities,” to determine whether a site is adequately zoned fo r lower income housing or must provide an alternative analysis. Current default densities are as follows: a) 15 units per acre: cities within non-metropolitan counties; non-metropolitan counties with metropolitan areas. b) 10 units per acre: unincorporated areas in all nonmetropolitan counties not included in the 15 units per acre category. c) 20 units per acre: suburban jurisdictions . d) 30 units per acre: jurisdictions in metropolitan counties. 7) Affordability requirements. This bill requires units to be restricted to 80% AMI or lower, except that 20% of units may be designated for incomes up to 120% AMI. This bill also authorizes a religious institution, nonprofit college, or qualified developer to restrict all units to 80% AMI or lower. 8) Appropriations amend ments. This bill was amended in the Senate Appropriations Committee to remove nonprofit hospitals; s pecify that a developer is a local public entity or a nonprofit developer that owns or manages low-income housing units ; add a requirement that land must b e SB 899 Page 8 owned on or before January 1, 2020; revise the density provisions ; limit the ground -floor ancillary uses ; and revise parking requirements. 9) Triple referral. Please see the Senate Housing C ommittee analysis for comments from the Committee on Environmental Quality and the Committee on Governance and Finance, which were included in the original referral but did not hear the bill due to the compressed timeline of the 2020 Legislative Ses s ion under the COVID-19 Pandemic . 10) Senate’s 2020 Housing Production Package. This bill has been included in the Senate’s 2020 Housing Production Package. FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes According to the Senate Appropriations Committee:  The Department of Housing and Community Development estimates it would incur costs of $108,000 in the first year and $103,000 annually thereafter for 0.5 PY of staff time to review and update information regarding state housing laws, develop technical assistance materials, provide consultation and guida nce to local agencies and developers, and post updated information on the department’s website. (General Fund)  Unknown local costs to establish streamlined project review processes for “by right” housing developments on land owned by a religious or higher education institution, and to conduct expedited design reviews of these proposals. These costs are not state-reimbursable because local agencies have general authority to charge and adjust planning and permitting fees to cover their administrative expenses associated with new planning mandates. (local funds). SUPPORT: (Verified 6/19/20) Non-profit Housing Assoc iation of Northern California (co -source) Southern California Asso ciation of Nonprofit Housing (co -source) 350 Sacramento All Home Bay Area Council Brilliant Corners Burbank Housing Development Corporation California Apartment Association California Community Builders California Housing Consortium California Housing Partnership Corporation SB 899 Page 9 California Rural Legal Assistance Foundation California YIMBY Central City Association Chan Zuckerberg Initiative Chinatown Community Development Center East Bay Asian Local Development Corporation East Bay Housing Organizations Enterprise Community Partners, INC. Facebook, INC. Habitat for Humanity California Hollywood Community Housing Corporation Housing California Housing Trust Silicon Valley Mayor London Breed , City & County of San Francisco Mercy Housing Multi-faith Action Coalition Resources for Community Development San Francisco Interfaith Council Silicon Valley At Home Silicon Valley Community Foundation St. Joseph Center TechEquity Collaborative Tenderloin Neighborhood Development Corporation The Kelsey The Unity Council TMG Partners United Way Bay Area Western Center on Law & Poverty 1 Individual OPPOSITION: (Verified 6/19/20) California State Association of Electrical Workers California State Pipe Trades Council California Teamsters Public Affairs Council City of Thousand Oaks International Union of Elevator Constructors, Local 8 International Union of Elevator Constructors, Local 18 Orange County Council of Governments State Building and Construction Trad es Council of California Western States Council Sheet Metal, Air, Rail and Transportation SB 899 Page 10 1 Individual ARGUMENTS IN SUPPORT: The Non-Profit Ho using Association of Northern California and the Southern California Association of Nonp rofit Housing, sponsors of this bill, state that it will make building affordable housing easier, faster, and cheaper for faith-based institutions that want to build affordable housing. ARGUMENTS IN OPPOSITION: Multiple labor organizations oppose this bill unless it is amended to include both prevailing wage coverage , and skilled and trained workforce requirements. Prepared by: Erin Riches / HOUSING / (916) 651-4124 6/23/20 17:13:35 **** END **** AB 1851 Page 1 ASSEMBLY THIRD READING AB 1851 (Wicks) As Amended May 5, 2020 Majority vote SUMMARY: Allows a religious institution to develop an affordable housing project at a place of worship owned by the religious institution even if the development requires the religious institution to reduce the number of religious-use parking spaces available at the place of worship. Major Provis ions 1) Defines "religious institution affiliated housing development project" as a housing development project that is: a) Located on one or more contiguous parcels that are owned entirely by a religious institution; b) Located near religious-use parking, as defined; and, c) Eligible for a density bonus as a result of including units affordable to households with low, very-low, or moderate income 2) Prohibits a city or county from requiring a religious institution to replace religious -use parking spaces that a religious institution proposes to eliminate as a part of a religious institution affiliated housing development project. 3) Prohibits a city or county from requiring a religious institution to cure a preexisting deficit of the number of religious-use parking spaces as a condition of approval of a religious institution affiliated housing development project. 4) Prohibits a city or county from denying a religious institution affiliated housing development project solely on the basis that the project will reduce the total number of parking spaces 5) Limits the number of religious-use parking spaces that a religious institution can reduce as part of a religious institution affiliated housing development project to 50% of the number of existing religious-use parking spaces. COMMENTS: This bill seeks to remove barriers to developing affordable housing on property owned by religious institutions by allowing developers to reduce the number of religious -use parking spaces that are required for a place of worship if the reduction is a part of an affordable housing development project. This bill also allows the remaining religious -use parking spaces to count toward the parking required for the housing development project. Under this bill, a local government cannot deny a religious institution affiliated housing development project solely on the basis that the project will reduce the total number of religious - use parking spaces. Under this bill, religious affiliated housing development projects are still AB 1851 Page 2 subject to all other local discretionary approvals, and the total number of parking spaces that can be reduced is limited based on the religious institution's existing parking stock. To ensure that benefits accrue to persons of low, very-low or moderate income, this bill uses established definitions of affordable housing to limit the scope of projects eligible for the parking reduction benefits. Under this bill, the parking reductions are only applicable to affordable housing projects that are eligible for a density bonus. According to the Author: "California's communities of faith have taken interest in redeveloping portions of their properties, like parking lots, into housing. With faith-based parking spaces not used more than a few times a week, they remain vacant the majority of the year. However, plans to build new housing on church sites have often-struck roadblocks. One of the most common is the inability to count available church properties toward residential parking requirements due to restrictive local ordinances. AB 1851 will facilitate this type of housing construction by reducing parking requirements on church properties for qualifying housing projects." Arguments in Support: Habitat for Humanity California writes, "Reducing the costs associated with affordable housing development is a necessary step in stimulating the development of housing. This legislation would make building affordable housing easier, faster, and less expensive for faith- based institutions in a broad range of communities across California. Many of these institutions are already community anchors, and this will help them build stable, safe, affordable housing for local residents and families." Arguments in Opposition: American Atheists is opposed unless amended and writes, "We urge you to consider amending the AB 1851 to create an exemption for secular and religious nonprofits alike to provide housing for homeless people in California. The current exemption is underinclusive, misaligned, and likely unconstitutional." FISCAL COMMENTS: According to the Assembly Appropriations Committee, there are "No state costs. State-mandated local costs are not reimbursable by the state because local agencies have the authority to impose fees to cover costs." VOTES: ASM LOCAL GOVERNMENT: 8-0-0 YES: Aguiar-Curry, Lackey, Bloom, Boerner Horvath, Ramos, Luz Rivas, Robert Rivas, Voepel ASM APPROPRIATIONS: 15-1-2 YES: Gonzalez, Bauer-Kahan, Bloom, Bonta, Calderon, Carrillo, Chau, Eggman, Fong, Gabriel, Eduardo Garcia, Petrie-Norris, McCarty, Robert Rivas, Voepel NO: Diep ABS, ABST OR NV: Bigelow, Megan Dahle AB 1851 Page 3 UPDATED: VERSION: May 5, 2020 CONSULTANT: Hank Brady / L. GOV. / (916) 319-3958 FN: 0002834 7/23/2020 Today's Law As Amended https://leginfo.legislature.ca.gov/faces/billCompareClient.xhtml?bill_id=201920200AB3040&showamends=false#1/9 As Amends the Law Today AB-3040 Local planning: regional housing need assessment.(2019-2020) SECTION 1. Section 4752 is added to the Civil Code, to read: 4752. (a) Any covenant, restriction, or condition contained in any deed, contract, security instrument, or other instrument affecting the transfer or sale of any interest in a planned development, and any provision of a governing document, that either effectively prohibits or unreasonably restricts the construction or use of up to four primary dwelling units on a lot zoned for at least four dwelling units is void and unenforceable. (b) This section does not apply to provisions that impose reasonable restrictions on dwelling units. For purposes of this subdivision, “reasonable restrictions” means restrictions that do not unreasonably increase the cost to construct, effectively prohibit the construction of, or extinguish the ability to otherwise construct, at least four dwelling units. SECTION 1.SEC. 2. Section 65583.2 of the Government Code, as amended by Section 15.5 of Chapter 664 of the Statutes of 2019, is amended to read: 65583.2. (a) A city’s or county’s inventory of land suitable for residential development pursuant to paragraph (3) of subdivision (a) of Section 65583 shall be used to identify sites throughout the community, consistent with paragraph (9) of subdivision (c) of Section 65583, that can be developed for housing within the planning period and that are sufficient to provide for the jurisdiction’s share of the regional housing need for all income levels pursuant to Section 65584. As used in this section, “land suitable for residential development” includes all of the sites that meet the following standards set forth in subdivisions (c) and (g): (1) Vacant sites zoned for residential use. (2) Vacant sites zoned for nonresidential use that allows residential development. (3) Residentially zoned sites that are capable of being developed at a higher density, including sites owned or leased by a city, county, or city and county. (4) Sites zoned for nonresidential use that can be redeveloped for residential use, and for which the housing element includes a program to rezone the site, as necessary, rezoned for, to permit residential use, including sites owned or leased by a city, county, or city and county. (b) The inventory of land shall include all of the following: (1) A listing of properties by assessor parcel number. (2) The size of each property listed pursuant to paragraph (1), and the general plan designation and zoning of each property. (3) For nonvacant sites, a description of the existing use of each property. If a site subject to this paragraph is owned by the city or county, the description shall also include whether there are any plans to dispose of the property during the planning period and how the city or county will comply with Article 8 (commencing with Section 54220) of Chapter 5 of Part 1 of Division 2 of Title 5. (4) A general description of any environmental constraints to the development of housing within the jurisdiction, the documentation for which has been made available to the jurisdiction. This information need not be identified on a site-specific basis. Home Bill Information California Law Publications Other Resources My Subscriptions My Favorites 7/23/2020 Today's Law As Amended https://leginfo.legislature.ca.gov/faces/billCompareClient.xhtml?bill_id=201920200AB3040&showamends=false#2/9 (5) (A) A description of existing or planned water, sewer, and other dry utilities supply, including the availability and access to distribution facilities. (B) Parcels included in the inventory must have sufficient water, sewer, and dry utilities supply available and accessible to support housing development or be included in an existing general plan program or other mandatory program or plan, including a program or plan of a public or private entity providing water or sewer service, to secure sufficient water, sewer, and dry utilities supply to support housing development. This paragraph does not impose any additional duty on the city or county to construct, finance, or otherwise provide water, sewer, or dry utilities to parcels included in the inventory. (6) Sites identified as available for housing for above moderate-income households in areas not served by public sewer systems. This information need not be identified on a site-specific basis. (7) A map that shows the location of the sites included in the inventory, such as the land use map from the jurisdiction’s general plan, for reference purposes only. (c) Based on the information provided in subdivision (b), a city or county shall determine whether each site in the inventory can accommodate the development of some portion of its share of the regional housing need by income level during the planning period, as determined pursuant to Section 65584. The inventory shall specify for each site the number of units that can realistically be accommodated on that site and whether the site is adequate to accommodate lower income housing, moderate-income housing, or above moderate-income housing. A nonvacant site identified pursuant to paragraph (3) or (4) of subdivision (a) in a prior housing element and a vacant site that has been included in two or more consecutive planning periods that was not approved to develop a portion of the locality’s housing need shall not be deemed adequate to accommodate a portion of the housing need for lower income households that must be accommodated in the current housing element planning period unless the site is zoned at residential densities consistent with paragraph (3) of this subdivision and the site is subject to a program in the housing element requiring rezoning within three years of the beginning of the planning period to allow residential use by right for housing developments in which at least 20 percent of the units are affordable to lower income households. An unincorporated area in a nonmetropolitan county pursuant to clause (ii) of subparagraph (B) of paragraph (3) shall not be subject to the requirements of this subdivision to allow residential use by right. The analysis shall determine whether the inventory can provide for a variety of types of housing, including multifamily rental housing, factory-built housing, mobilehomes, housing for agricultural employees, supportive housing, single-room occupancy units, emergency shelters, and transitional housing. The city or county shall determine the number of housing units that can be accommodated on each site as follows: (1) If local law or regulations require the development of a site at a minimum density, the department shall accept the planning agency’s calculation of the total housing unit capacity on that site based on the established minimum density. If the city or county does not adopt a law or regulation requiring the development of a site at a minimum density, then it shall demonstrate how the number of units determined for that site pursuant to this subdivision will be accommodated. (2) The number of units calculated pursuant to paragraph (1) shall be adjusted as necessary, based on the land use controls and site improvements requirement identified in paragraph (5) of subdivision (a) of Section 65583, the realistic development capacity for the site, typical densities of existing or approved residential developments at a similar affordability level in that jurisdiction, and on the current or planned availability and accessibility of sufficient water, sewer, and dry utilities. (A) A site smaller than half an acre shall not be deemed adequate to accommodate lower income housing need unless the locality can demonstrate that sites of equivalent size were successfully developed during the prior planning period for an equivalent number of lower income housing units as projected for the site or unless the locality provides other evidence to the department that the site is adequate to accommodate lower income housing. (B) A site larger than 10 acres shall not be deemed adequate to accommodate lower income housing need unless the locality can demonstrate that sites of equivalent size were successfully developed during the prior planning period for an equivalent number of lower income housing units as projected for the site or unless the locality provides other evidence to the department that the site can be developed as lower income housing. For purposes of this subparagraph, “site” means that portion of a parcel or parcels designated to accommodate lower income housing needs pursuant to this subdivision. 7/23/2020 Today's Law As Amended https://leginfo.legislature.ca.gov/faces/billCompareClient.xhtml?bill_id=201920200AB3040&showamends=false#3/9 (C) A site may be presumed to be realistic for development to accommodate lower income housing need if, at the time of the adoption of the housing element, a development affordable to lower income households has been proposed and approved for development on the site. (3) For the number of units calculated to accommodate its share of the regional housing need for lower income households pursuant to paragraph (2), a city or county shall do either of the following: (A) Provide an analysis demonstrating how the adopted densities accommodate this need. The analysis shall include, but is not limited to, factors such as market demand, financial feasibility, or information based on development project experience within a zone or zones that provide housing for lower income households. (B) The following densities shall be deemed appropriate to accommodate housing for lower income households: (i) For an incorporated city within a nonmetropolitan county and for a nonmetropolitan county that has a micropolitan area: sites allowing at least 15 units per acre. (ii) For an unincorporated area in a nonmetropolitan county not included in clause (i): sites allowing at least 10 units per acre. (iii) For a suburban jurisdiction: sites allowing at least 20 units per acre. (iv) For a jurisdiction in a metropolitan county: sites allowing at least 30 units per acre. (4) (A) Notwithstanding paragraph (1) of subdivision (g), a city or county may, pursuant to subparagraph (C), and subject to subparagraph (F), include in its inventory of land suitable for residential development a site that contains an existing single-family dwelling unit, but that the city or county has permitted, or is proposing to permit, to contain four dwelling units, if the site meets all of the following: (i) The site allows the new residential dwellings as a use by right, as defined in subdivision (i). (ii) The development standards applicable to the site would not impede the development of four dwelling units. (iii) The site has an existing dwelling unit that received its first certificate of occupancy at least 15 years before being included in the site inventory. (iv) The site is identified in the inventory to satisfy either the moderate or the above-moderate income regional housing need income level, unless otherwise provided in clause (i) of subparagraph (E). (B) For every 10 sites included in the inventory, the department shall provide, at a minimum, a credit of one unit toward the city or county’s share of the regional housing need allocation. Any fraction of a unit shall be rounded to the nearest whole unit. (C) A city or county including sites in their inventory pursuant to this paragraph shall include in its housing element a description of the development standards that enable the identified sites to be redeveloped at a higher density, including, but not limited to, height limits, parking requirements, setback requirements, and historic resource designation. (D) The cumulative credit received by a city or county from the sites identified pursuant to this paragraph shall not exceed 25 percent of the total units needed to meet its regional housing needs allocation, unless otherwise provided in subparagraph (E). (E) The department may provide additional credit if it determines, based on information provide pursuant to paragraph (1) of subdivision (g), that the city or county has plans and programs that would further accelerate the production of units under this paragraph. A determination by the department under this clause may enable cities and counties to count a share of these units toward their low-income categories. (F) In lieu of listing sites individually in its inventory of land suitable for residential development, a city or county may include in the inventory a summary of the credit received pursuant to this paragraph, if the list of sites is included elsewhere in the housing element. (G) A city or county shall include in its annual progress report a summary of the units developed on sites identified pursuant to this paragraph. (d) For purposes of this section, a metropolitan county, nonmetropolitan county, and nonmetropolitan county with a micropolitan area shall be as determined by the United States Census Bureau. A nonmetropolitan county with a micropolitan area includes the following counties: Del Norte, Humboldt, Lake, Mendocino, Nevada, 7/23/2020 Today's Law As Amended https://leginfo.legislature.ca.gov/faces/billCompareClient.xhtml?bill_id=201920200AB3040&showamends=false#4/9 Tehama, and Tuolumne and other counties as may be determined by the United States Census Bureau to be nonmetropolitan counties with micropolitan areas in the future. (e) (1) Except as provided in paragraph (2), a jurisdiction shall be considered suburban if the jurisdiction does not meet the requirements of clauses (i) and (ii) of subparagraph (B) of paragraph (3) of subdivision (c) and is located in a Metropolitan Statistical Area (MSA) of less than 2,000,000 in population, unless that jurisdiction’s population is greater than 100,000, in which case it shall be considered metropolitan. A county, not including the City and County of San Francisco, shall be considered suburban unless the county is in an MSA of 2,000,000 or greater in population in which case the county shall be considered metropolitan. (2) (A) (i) Notwithstanding paragraph (1), if a county that is in the San Francisco-Oakland-Fremont California MSA has a population of less than 400,000, that county shall be considered suburban. If this county includes an incorporated city that has a population of less than 100,000, this city shall also be considered suburban. This paragraph shall apply to a housing element revision cycle, as described in subparagraph (A) of paragraph (3) of subdivision (e) of Section 65588, that is in effect from July 1, 2014, to December 31, 2028, inclusive. (ii) A county subject to this subparagraph shall utilize the sum existing in the county’s housing trust fund as of June 30, 2013, for the development and preservation of housing affordable to low- and very low income households. (B) A jurisdiction that is classified as suburban pursuant to this paragraph shall report to the Assembly Committee on Housing and Community Development, the Senate Committee on Housing, and the Department of Housing and Community Development regarding its progress in developing low- and very low income housing consistent with the requirements of Section 65400. The report shall be provided three times: once, on or before December 31, 2019, which report shall address the initial four years of the housing element cycle, a second time, on or before December 31, 2023, which report shall address the subsequent four years of the housing element cycle, and a third time, on or before December 31, 2027, which report shall address the subsequent four years of the housing element cycle and the cycle as a whole. The reports shall be provided consistent with the requirements of Section 9795. (f ) A jurisdiction shall be considered metropolitan if the jurisdiction does not meet the requirements for “suburban area” above and is located in an MSA of 2,000,000 or greater in population, unless that jurisdiction’s population is less than 25,000 in which case it shall be considered suburban. (g) (1) For sites described in paragraph (3) of subdivision (b), the city or county shall specify the additional development potential for each site within the planning period and shall provide an explanation of the methodology used to determine the development potential. The methodology shall consider factors including the extent to which existing uses may constitute an impediment to additional residential development, the city’s or county’s past experience with converting existing uses to higher density residential development, the current market demand for the existing use, an analysis of any existing leases or other contracts that would perpetuate the existing use or prevent redevelopment of the site for additional residential development, development trends, market conditions, and regulatory or other incentives or standards to encourage additional residential development on these sites. (2) In addition to the analysis required in paragraph (1), when a city or county is relying on nonvacant sites described in paragraph (3) of subdivision (b) to accommodate 50 percent or more of its housing need for lower income households, the methodology used to determine additional development potential shall demonstrate that the existing use identified pursuant to paragraph (3) of subdivision (b) does not constitute an impediment to additional residential development during the period covered by the housing element. An existing use shall be presumed to impede additional residential development, absent findings based on substantial evidence that the use is likely to be discontinued during the planning period. (3) Notwithstanding any other law, and in addition to the requirements in paragraphs (1) and (2), sites that currently have residential uses, or within the past five years have had residential uses that have been vacated or demolished, that are or were subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of low or very low income, subject to any other form of rent or price control through a public entity’s valid exercise of its police power, or occupied by low or very low income households, shall be subject to a policy requiring the replacement of all those units affordable to the same or lower income level as a condition of any development on the site. Replacement requirements shall be consistent with those set forth in paragraph (3) of subdivision (c) of Section 65915. 7/23/2020 Today's Law As Amended https://leginfo.legislature.ca.gov/faces/billCompareClient.xhtml?bill_id=201920200AB3040&showamends=false#5/9 (h) The program required by subparagraph (A) of paragraph (1) of subdivision (c) of Section 65583 shall accommodate 100 percent of the need for housing for very low and low-income households allocated pursuant to Section 65584 for which site capacity has not been identified in the inventory of sites pursuant to paragraph (3) of subdivision (a) on sites that shall be zoned to permit owner-occupied and rental multifamily residential use by right for developments in which at least 20 percent of the units are affordable to lower income households during the planning period. These sites shall be zoned with minimum density and development standards that permit at least 16 units per site at a density of at least 16 units per acre in jurisdictions described in clause (i) of subparagraph (B) of paragraph (3) of subdivision (c), shall be at least 20 units per acre in jurisdictions described in clauses (iii) and (iv) of subparagraph (B) of paragraph (3) of subdivision (c) and shall meet the standards set forth in subparagraph (B) of paragraph (5) of subdivision (b). At least 50 percent of the very low and low-income housing need shall be accommodated on sites designated for residential use and for which nonresidential uses or mixed uses are not permitted, except that a city or county may accommodate all of the very low and low-income housing need on sites designated for mixed uses if those sites allow 100 percent residential use and require that residential use occupy 50 percent of the total floor area of a mixed-use project. (i) For purposes of this section and Section 65583, the phrase “use by right” shall mean that the local government’s review of the owner-occupied or multifamily residential use may not require a conditional use permit, planned unit development permit, or other discretionary local government review or approval that would constitute a “project” for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code. Any subdivision of the sites shall be subject to all laws, including, but not limited to, the local government ordinance implementing the Subdivision Map Act. A local ordinance may provide that “use by right” does not exempt the use from design review. However, that design review shall not constitute a “project” for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code. Use by right for all rental multifamily residential housing shall be provided in accordance with subdivision (f ) of Section 65589.5. (j) Notwithstanding any other provision of this section, within one-half mile of a Sonoma-Marin Area Rail Transit station, housing density requirements in place on June 30, 2014, shall apply. (k) For purposes of subdivisions (a) and (b), the department shall provide guidance to local governments to properly survey, detail, and account for sites listed pursuant to Section 65585. (l) This section shall remain in effect only until December 31, 2028, and as of that date is repealed. SEC. 2.SEC. 3. Section 65583.2 of the Government Code, as amended by Section 16.5 of Chapter 664 of the Statutes of 2019, is amended to read: 65583.2. (a) A city’s or county’s inventory of land suitable for residential development pursuant to paragraph (3) of subdivision (a) of Section 65583 shall be used to identify sites throughout the community, consistent with paragraph (9) of subdivision (c) of Section 65583, that can be developed for housing within the planning period and that are sufficient to provide for the jurisdiction’s share of the regional housing need for all income levels pursuant to Section 65584. As used in this section, “land suitable for residential development” includes all of the following sites that meet the standards set forth in subdivisions (c) and (g): (1) Vacant sites zoned for residential use. (2) Vacant sites zoned for nonresidential use that allows residential development. (3) Residentially zoned sites that are capable of being developed at a higher density, and sites owned or leased by a city, county, or city and county. (4) Sites zoned for nonresidential use that can be redeveloped for residential use, and for which the housing element includes a program to rezone the site, as necessary, to permit residential use, including sites owned or leased by a city, county, or city and county. (b) The inventory of land shall include all of the following: (1) A listing of properties by assessor parcel number. (2) The size of each property listed pursuant to paragraph (1), and the general plan designation and zoning of each property. (3) For nonvacant sites, a description of the existing use of each property. If a site subject to this paragraph is owned by the city or county, the description shall also include whether there are any plans to dispose of the 7/23/2020 Today's Law As Amended https://leginfo.legislature.ca.gov/faces/billCompareClient.xhtml?bill_id=201920200AB3040&showamends=false#6/9 property during the planning period and how the city or county will comply with Article 8 (commencing with Section 54220) of Chapter 5 of Part 1 of Division 2 of Title 5. (4) A general description of any environmental constraints to the development of housing within the jurisdiction, the documentation for which has been made available to the jurisdiction. This information need not be identified on a site-specific basis. (5) (A) A description of existing or planned water, sewer, and other dry utilities supply, including the availability and access to distribution facilities. (B) Parcels included in the inventory must have sufficient water, sewer, and dry utilities supply available and accessible to support housing development or be included in an existing general plan program or other mandatory program or plan, including a program or plan of a public or private entity providing water or sewer service, to secure sufficient water, sewer, and dry utilities supply to support housing development. This paragraph does not impose any additional duty on the city or county to construct, finance, or otherwise provide water, sewer, or dry utilities to parcels included in the inventory. (6) Sites identified as available for housing for above moderate-income households in areas not served by public sewer systems. This information need not be identified on a site-specific basis. (7) A map that shows the location of the sites included in the inventory, such as the land use map from the jurisdiction’s general plan for reference purposes only. (c) Based on the information provided in subdivision (b), a city or county shall determine whether each site in the inventory can accommodate the development of some portion of its share of the regional housing need by income level during the planning period, as determined pursuant to Section 65584. The inventory shall specify for each site the number of units that can realistically be accommodated on that site and whether the site is adequate to accommodate lower income housing, moderate-income housing, or above moderate-income housing. A nonvacant site identified pursuant to paragraph (3) or (4) of subdivision (a) in a prior housing element and a vacant site that has been included in two or more consecutive planning periods that was not approved to develop a portion of the locality’s housing need shall not be deemed adequate to accommodate a portion of the housing need for lower income households that must be accommodated in the current housing element planning period unless the site is zoned at residential densities consistent with paragraph (3) of this subdivision and the site is subject to a program in the housing element requiring rezoning within three years of the beginning of the planning period to allow residential use by right for housing developments in which at least 20 percent of the units are affordable to lower income households. A city that is an unincorporated area in a nonmetropolitan county pursuant to clause (ii) of subparagraph (B) of paragraph (3) shall not be subject to the requirements of this subdivision to allow residential use by right. The analysis shall determine whether the inventory can provide for a variety of types of housing, including multifamily rental housing, factory-built housing, mobilehomes, housing for agricultural employees, supportive housing, single-room occupancy units, emergency shelters, and transitional housing. The city or county shall determine the number of housing units that can be accommodated on each site as follows: (1) If local law or regulations require the development of a site at a minimum density, the department shall accept the planning agency’s calculation of the total housing unit capacity on that site based on the established minimum density. If the city or county does not adopt a law or regulation requiring the development of a site at a minimum density, then it shall demonstrate how the number of units determined for that site pursuant to this subdivision will be accommodated. (2) The number of units calculated pursuant to paragraph (1) shall be adjusted as necessary, based on the land use controls and site improvements requirement identified in paragraph (5) of subdivision (a) of Section 65583, the realistic development capacity for the site, typical densities of existing or approved residential developments at a similar affordability level in that jurisdiction, and on the current or planned availability and accessibility of sufficient water, sewer, and dry utilities. (A) A site smaller than half an acre shall not be deemed adequate to accommodate lower income housing need unless the locality can demonstrate that sites of equivalent size were successfully developed during the prior planning period for an equivalent number of lower income housing units as projected for the site or unless the locality provides other evidence to the department that the site is adequate to accommodate lower income housing. (B) A site larger than 10 acres shall not be deemed adequate to accommodate lower income housing need unless the locality can demonstrate that sites of equivalent size were successfully developed during the prior planning 7/23/2020 Today's Law As Amended https://leginfo.legislature.ca.gov/faces/billCompareClient.xhtml?bill_id=201920200AB3040&showamends=false#7/9 period for an equivalent number of lower income housing units as projected for the site or unless the locality provides other evidence to the department that the site can be developed as lower income housing. For purposes of this subparagraph, “site” means that portion of a parcel or parcels designated to accommodate lower income housing needs pursuant to this subdivision. (C) A site may be presumed to be realistic for development to accommodate lower income housing need if, at the time of the adoption of the housing element, a development affordable to lower income households has been proposed and approved for development on the site. (3) For the number of units calculated to accommodate its share of the regional housing need for lower income households pursuant to paragraph (2), a city or county shall do either of the following: (A) Provide an analysis demonstrating how the adopted densities accommodate this need. The analysis shall include, but is not limited to, factors such as market demand, financial feasibility, or information based on development project experience within a zone or zones that provide housing for lower income households. (B) The following densities shall be deemed appropriate to accommodate housing for lower income households: (i) For an incorporated city within a nonmetropolitan county and for a nonmetropolitan county that has a micropolitan area: sites allowing at least 15 units per acre. (ii) For an unincorporated area in a nonmetropolitan county not included in clause (i): sites allowing at least 10 units per acre. (iii) For a suburban jurisdiction: sites allowing at least 20 units per acre. (iv) For a jurisdiction in a metropolitan county: sites allowing at least 30 units per acre. (4) (A) Notwithstanding paragraph (1) of subdivision (g), a city or county may, pursuant to subparagraph (C), and subject to subparagraph (F), include in its inventory of land suitable for residential development a site that contains an existing single-family dwelling unit, but that the city or county has permitted, or is proposing to permit, to contain four dwelling units, if the site meets all of the following: (i) The site allows the new residential dwellings as a use by right, as defined in subdivision (i). (ii) The development standards applicable to the site would not impede the development of four dwelling units. (iii) The site has an existing dwelling unit that received its first certificate of occupancy at least 15 years before being included in the site inventory. (iv) The site is identified in the inventory to satisfy either the moderate or the above-moderate income regional housing need income level, unless otherwise provided in clause (i) of subparagraph (E). (B) For every 10 sites included in the inventory, the department shall provide, at a minimum, a credit of one unit toward the city or county’s share of the regional housing need allocation. Any fraction of a unit shall be rounded to the nearest whole unit. (C) A city or county including sites in their inventory pursuant to this paragraph shall include in its housing element a description of the development standards that enable the identified sites to be redeveloped at a higher density, including, but not limited to, height limits, parking requirements, setback requirements, and historic resource designation. (D) The cumulative credit received by a city or county from the sites identified pursuant to this paragraph shall not exceed 25 percent of the total units needed to meet its regional housing needs allocation, unless otherwise provided in clause (i) of subparagraph (E). (E) The department may provide additional credit if it determines, based on information provided pursuant to paragraph (1) of subdivision (g), that the city or county has plans and programs that would further accelerate the production of units under this paragraph. A determination by the department under this clause may enable cities and counties to count a share of these units toward their low-income categories. (F) In lieu of listing sites individually in its inventory of land suitable for residential development, a city or county may include in the inventory a summary of the credit received pursuant to this paragraph, if the list of sites is included elsewhere in the housing element. 7/23/2020 Today's Law As Amended https://leginfo.legislature.ca.gov/faces/billCompareClient.xhtml?bill_id=201920200AB3040&showamends=false#8/9 (G) A city or county must include in its annual progress report a summary of the units developed on sites identified pursuant to this paragraph. (d) For purposes of this section, a metropolitan county, nonmetropolitan county, and nonmetropolitan county with a micropolitan area shall be as determined by the United States Census Bureau. A nonmetropolitan county with a micropolitan area includes the following counties: Del Norte, Humboldt, Lake, Mendocino, Nevada, Tehama, and Tuolumne and other counties as may be determined by the United States Census Bureau to be nonmetropolitan counties with micropolitan areas in the future. (e) A jurisdiction shall be considered suburban if the jurisdiction does not meet the requirements of clauses (i) and (ii) of subparagraph (B) of paragraph (3) of subdivision (c) and is located in a Metropolitan Statistical Area (MSA) of less than 2,000,000 in population, unless that jurisdiction’s population is greater than 100,000, in which case it shall be considered metropolitan. A county, not including the City and County of San Francisco, shall be considered suburban unless the county is in an MSA of 2,000,000 or greater in population in which case the county shall be considered metropolitan. (f ) A jurisdiction shall be considered metropolitan if the jurisdiction does not meet the requirements for “suburban area” above and is located in an MSA of 2,000,000 or greater in population, unless that jurisdiction’s population is less than 25,000 in which case it shall be considered suburban. (g) (1) For sites described in paragraph (3) of subdivision (b), the city or county shall specify the additional development potential for each site within the planning period and shall provide an explanation of the methodology used to determine the development potential. The methodology shall consider factors including the extent to which existing uses may constitute an impediment to additional residential development, the city’s or county’s past experience with converting existing uses to higher density residential development, the current market demand for the existing use, an analysis of any existing leases or other contracts that would perpetuate the existing use or prevent redevelopment of the site for additional residential development, development trends, market conditions, and regulatory or other incentives or standards to encourage additional residential development on these sites. (2) In addition to the analysis required in paragraph (1), when a city or county is relying on nonvacant sites described in paragraph (3) of subdivision (b) to accommodate 50 percent or more of its housing need for lower income households, the methodology used to determine additional development potential shall demonstrate that the existing use identified pursuant to paragraph (3) of subdivision (b) does not constitute an impediment to additional residential development during the period covered by the housing element. An existing use shall be presumed to impede additional residential development, absent findings based on substantial evidence that the use is likely to be discontinued during the planning period. (3) Notwithstanding any other law, and in addition to the requirements in paragraphs (1) and (2), sites that currently have residential uses, or within the past five years have had residential uses that have been vacated or demolished, that are or were subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of low or very low income, subject to any other form of rent or price control through a public entity’s valid exercise of its police power, or occupied by low or very low income households, shall be subject to a policy requiring the replacement of all those units affordable to the same or lower income level as a condition of any development on the site. Replacement requirements shall be consistent with those set forth in paragraph (3) of subdivision (c) of Section 65915. (h) The program required by subparagraph (A) of paragraph (1) of subdivision (c) of Section 65583 shall accommodate 100 percent of the need for housing for very low and low-income households allocated pursuant to Section 65584 for which site capacity has not been identified in the inventory of sites pursuant to paragraph (3) of subdivision (a) on sites that shall be zoned to permit owner-occupied and rental multifamily residential use by right for developments in which at least 20 percent of the units are affordable to lower income households during the planning period. These sites shall be zoned with minimum density and development standards that permit at least 16 units per site at a density of at least 16 units per acre in jurisdictions described in clause (i) of subparagraph (B) of paragraph (3) of subdivision (c), shall be at least 20 units per acre in jurisdictions described in clauses (iii) and (iv) of subparagraph (B) of paragraph (3) of subdivision (c), and shall meet the standards set forth in subparagraph (B) of paragraph (5) of subdivision (b). At least 50 percent of the very low and low-income housing need shall be accommodated on sites designated for residential use and for which nonresidential uses or mixed uses are not permitted, except that a city or county may accommodate all of the very low and low-income housing need on sites designated for mixed uses if those sites allow 100 percent residential use and require that residential use occupy 50 percent of the total floor area of a mixed-use project. 7/23/2020 Today's Law As Amended https://leginfo.legislature.ca.gov/faces/billCompareClient.xhtml?bill_id=201920200AB3040&showamends=false#9/9 (i) For purposes of this section and Section 65583, the phrase “use by right” shall mean that the local government’s review of the owner-occupied or multifamily residential use may not require a conditional use permit, planned unit development permit, or other discretionary local government review or approval that would constitute a “project” for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code. Any subdivision of the sites shall be subject to all laws, including, but not limited to, the local government ordinance implementing the Subdivision Map Act. A local ordinance may provide that “use by right” does not exempt the use from design review. However, that design review shall not constitute a “project” for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code. Use by right for all rental multifamily residential housing shall be provided in accordance with subdivision (f ) of Section 65589.5. (j) For purposes of subdivisions (a) and (b), the department shall provide guidance to local governments to properly survey, detail, and account for sites listed pursuant to Section 65585. (k) This section shall become operative on December 31, 2028. 7/23/2020 Compare Versions https://leginfo.legislature.ca.gov/faces/billVersionsCompareClient.xhtml?bill_id=201920200AB3107&cversion=20190AB310797AMD 1/2 AB-3107 Planning and zoning: commercial zoning: housing development.(2019-2020) Current Version: 07/21/20 - Amended Senate Compared to Version: 07/21/20 - Amended Senate Compare Versions SECTION 1. Section 65583.7 is added to the Government Code, to read: 65583.7. (a) Notwithstanding any inconsistent provision of a city’s or county’s general plan, specific plan, zoning ordinance, or regulation, and subject to subdivision (c), a housing development shall be an authorized use on a site designated in any local agency’s zoning code for commercial uses if all of the following apply: (1) The housing development is subject to a recorded deed restriction requiring that at least 20 percent of the units have an affordable housing cost or affordable rent for lower income households. (2) The site of the housing development satisfies both of the following: (A) The site of the housing development is not adjacent to any site that is an industrial use. (B) At least 75 percent of the perimeter of the site adjoins parcels that are developed with urban uses. For purposes of this subparagraph, parcels that are only separated by a street or highway shall be considered to be adjoined. (b) (1) A city or county shall apply the following development standards to a housing development that meets the criteria in subdivision (a), unless existing applicable zoning standards of the city or county are less restrictive: (A) The height limit applicable to the housing development shall be the greatest of the following: (i) The highest allowed height for the site of the housing development. (ii) The highest allowed height for a commercial or residential use within one-half mile of the site of the housing development. (iii) Thirty-six feet. (B) The maximum allowable floor area ratio of the housing development shall be not less than 0.6 times the number of stories that complies with the height limit under clause (i) of subdivision (A). (C) The density limit applicable to the housing development shall be the greater of the following: (i) The greatest allowed density for a mixed use or residential use within one-half mile of the site of the housing development. (ii) The applicable density deemed appropriate to accommodate housing for lower income households identified in subparagraph (B) of paragraph (3) of subdivision (c) of Section 65583.2. (2) In addition, the housing development shall comply with any applicable design standards of the city or county to the extent that those design standards do not prohibit the maximum height limit, density, or floor area ratio allowed under this section. (3) Notwithstanding any other provision of this section, a developer of a housing development allowed in accordance with this section may apply for a density bonus pursuant to Section 65915. (4) A housing development shall be deemed consistent, compliant, and in conformity with local development standards, zoning codes, and the general plan if it meets the requirements of this section. Home Bill Information California Law Publications Other Resources My Subscriptions My Favorites 7/23/2020 Compare Versions https://leginfo.legislature.ca.gov/faces/billVersionsCompareClient.xhtml?bill_id=201920200AB3107&cversion=20190AB310797AMD 2/2 (c) For purposes of this section: (1) “Affordable housing cost” has the same meaning as defined in Section 50052.5 of the Health and Safety Code. (2) “Affordable rent” has the same meaning as defined in Section 50053 of the Health and Safety Code. (3) “Greatest allowed density” means the maximum allowable gross residential density, including any density that requires conditional approval, allowable under local zoning, including the zoning ordinances and any specific plan adopted by the applicable city or county that apply to the site of the housing development. (4) “Highest allowable height” means the tallest height, including any height that requires conditional approval, allowable under local zoning, including the zoning ordinances and any specific plan adopted by the applicable city or county that apply to the site of the housing development. (5) “Industrial use” includes, but is not limited to, utilities, manufacturing, wholesale trade, transportation, and warehousing. (6) “Lower income households” has the same meaning as defined in Section 50079.5 of the Health and Safety Code. (d) A jurisdiction shall only be subject to this section until it has completed the rezoning required by Section 65583 for the 6th revision of its housing element pursuant to this article. (e) The Legislature finds and declares that ensuring the adequate production of affordable housing is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this section applies to all cities, including charter cities. (f ) This section shall remain in effect only until January 1, 2030, and as of that date is repealed. SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code. 7/23/2020 Compare Versions https://leginfo.legislature.ca.gov/faces/billVersionsCompareClient.xhtml?bill_id=201920200AB3269&cversion=20190AB326995AMD 1/10 AB-3269 State and local agencies: homelessness plan.(2019-2020) Current Version: 07/02/20 - Amended Senate Compared to Version: 07/02/20 - Amended Senate Compare Versions SECTION 1. The Legislature finds and declares all of the following: (a) As of January 2019, California has had an estimated 151,278 people experiencing homelessness on any given day, as reported by Continuum of Care to the United States Department of Housing and Urban Development. This is the highest number since 2007, and represents a 17-percent increase since 2018. (b) African Americans are disproportionately represented among California’s homeless population. While 6.5 percent of Californians identify as black or African American, almost 40 percent of the state’s homeless population is African American, far outpacing the rates of poverty among African Americans in general. Similarly, indigenous populations have rates of homelessness that are several times higher than among people who are white, and rates of homelessness among Latinx communities are rapidly rising. (c) The vast majority of homeless Californians were unsheltered, which is about 71 percent and the highest rate in the nation, meaning that they were living in streets, parks, or other locations not meant for human habitation. In 2018, among homeless veterans, California had the nation’s highest share that are unsheltered (67 percent), and among homeless youth, the share that are unsheltered (80 percent) ranked second highest. (d) As local communities work to house the unsheltered, more people are falling into homelessness. Larger urban areas with high numbers of people experiencing homelessness have reported that more people are falling into homelessness than they are able to house. (e) In the City of Oakland, for every one person they are able to house, two more are falling into homelessness. (f ) In the County of Los Angeles, despite housing 20,000 homeless people in 2018, for every 133 people housed, 150 fall into homelessness per day. (g) In the City and County of San Francisco, for every one person they are able to house, three more fall into homelessness. (h) A growing percentage of the state’s homeless population are seniors who are experiencing homelessness for the first time. Seniors who are on fixed incomes and who are severely rent burdened have no potential for additional income. (i) Once seniors are homeless, their health quickly deteriorates and they use emergency services at a higher rate and face high mortality rates. (j) Fifty percent of seniors who are homeless become homeless after 50 years of age. (k) While comprehensive statewide data is lacking, local surveys indicate that people living on the streets are typically from the surrounding neighborhood. For example, 70 percent of the people experiencing homelessness in the City and County of San Francisco were housed somewhere in the city where they lost housing, while only 8 percent came from out-of-state. In addition, three-quarters of the homeless population of the County of Los Angeles lived in the region before becoming homeless. (l) About 1,300,000 California renters are considered “extremely low income,” making less than twenty-five thousand dollars ($25,000) per year. Home Bill Information California Law Publications Other Resources My Subscriptions My Favorites 7/23/2020 Compare Versions https://leginfo.legislature.ca.gov/faces/billVersionsCompareClient.xhtml?bill_id=201920200AB3269&cversion=20190AB326995AMD 2/10 (m) In many parts of the state, many lower income residents are severely cost burdened, paying over 50 percent of their income toward housing costs. One small financial setback can push these individuals and families into homelessness. (n) The Legislature has made the following investments in affordable housing and homelessness response: (1) In 2016, the Legislature passed and the voters approved Proposition 63, known as the Mental Health Services Act, which generates two billion dollars ($2,000,000,000) per year for mental health services that can be used for people experiencing homelessness. (2) In 2017, Senate Bill 2 (Chapter 364 of the Statutes of 2017) established a recording fee for real estate documents that has generated three hundred fifty million dollars ($350,000,000) per year since its creation. Beginning this year, 70 percent of funds from the recording fee go directly to cities and counties to use to address affordable housing and homelessness. (3) In 2017, the Legislature passed No Place Like Home to authorize the use of two billion dollars ($2,000,000,000) in Proposition 63 revenues in bonds for supportive housing for chronically homeless individuals with mental illness. (4) In 2018, the Legislature passed and the voters approved Proposition 1, which authorized three billion dollars ($3,000,000,000) in general fund bonds to increase the supply of affordable housing around the state. (5) Local governments have also passed general obligation bonds to fund affordable housing, supportive housing, and emergency shelters: (A) In 2016, the voters of the City of Los Angeles passed Measure HHH, which authorizes 1.2 billion dollars ($1,200,000,000) to fund the construction of 10,000 supportive housing units. (B) In 2019, the City and County of San Francisco passed Proposition A, which authorized six hundred million dollars ($600,000,000) to support the creation of affordable housing. (C) In 2019, the City and County of San Francisco passed Proposition C, which authorizes a tax on gross receipts of business with incomes of fifty million dollars ($50,000,000) or more to fund affordable housing, supportive housing, and legal assistance programs. (6) The Legislature has also made policy changes to allow for siting and building emergency shelters, affordable housing, and supportive housing: (A) In 2017, the Legislature passed Senate Bill 35 (Chapter 366 of the Statutes of 2017), which created a streamlined process for housing developments that include a percentage of affordable housing. (B) In 2018, the Legislature passed Assembly Bill 2162 (Chapter 753 of the Statutes of 2018), which established a streamlined process for supportive housing developments. (C) In 2018, the Legislature authorized five hundred million dollars ($500,000,000) for the Homeless Emergency Aid Program to provide local governments with flexible block grant funds to address their immediate homelessness challenges. (D) In 2019, the Legislature passed Assembly Bill 101 (Chapter 159 of the Statutes of 2019), which streamlines navigation centers that provide emergency shelter and services to people experiencing homelessness. (E) In 2019, the Legislature authorized six hundred fifty million dollars ($650,000,000) for the Homeless Housing, Assistance, and Prevention Program one-time block grant that provides local jurisdictions with funds to support regional coordination and expand or develop local capacity to address their immediate homelessness challenges. (o) State and local government at all levels should be held responsible for responding to homelessness and providing permanent housing for people experiencing homelessness. In order to ensure state and local jurisdictions are making best use of existing resources, and to determine the additional resources needed to substantially reduce unsheltered homelessness in California, the state should work with local communities to determine the appropriate roles of each level of government. (p) To identify the types and levels of interventions the state currently provides, and to arrive at strategies the state will pursue to solve homelessness, the state must conduct a state gaps analysis. The analysis should 7/23/2020 Compare Versions https://leginfo.legislature.ca.gov/faces/billVersionsCompareClient.xhtml?bill_id=201920200AB3269&cversion=20190AB326995AMD 3/10 include an assessment of existing resources, gaps in interventions needed to solve homelessness, and a financial analysis of the costs of filling those gaps at a state level. (q) There are few other areas of important public policy where government efforts to achieve a compelling societal objective are voluntary. (r) The state required the state’s utilities and public agencies to meet a timetable for increasing their use of renewable energy, and the state is achieving dramatic results. (s) Government at all levels should be obligated to spend existing resources in the most efficient and expeditious manner to reduce homelessness. SEC. 2. Section 11552 of the Government Code is amended to read: 11552. (a) Effective January 1, 1988, an annual salary of eighty-five thousand four hundred two dollars ($85,402) shall be paid to each of the following: (1) Commissioner of Business Oversight. (2) Director of Transportation. (3) Real Estate Commissioner. (4) Director of Social Services. (5) Director of Water Resources. (6) Director of General Services. (7) Director of Motor Vehicles. (8) Executive Officer of the Franchise Tax Board. (9) Director of Employment Development. (10) Director of Alcoholic Beverage Control. (11) Director of Housing and Community Development. (12) Director of Alcohol and Drug Programs. (13) Director of Statewide Health Planning and Development. (14) Director of the Department of Human Resources. (15) Director of Health Care Services. (16) Director of State Hospitals. (17) Director of Developmental Services. (18) State Public Defender. (19) Director of the California State Lottery. (20) Director of Fish and Wildlife. (21) Director of Parks and Recreation. (22) Director of Rehabilitation. (23) Director of the Office of Administrative Law. (24) Director of Consumer Affairs. (25) Director of Forestry and Fire Protection. (26) The Inspector General pursuant to Section 6125 of the Penal Code. (27) Director of Child Support Services. 7/23/2020 Compare Versions https://leginfo.legislature.ca.gov/faces/billVersionsCompareClient.xhtml?bill_id=201920200AB3269&cversion=20190AB326995AMD 4/10 (28) Director of Industrial Relations. (29) Director of Toxic Substances Control. (30) Director of Pesticide Regulation. (31) Director of Managed Health Care. (32) Director of Environmental Health Hazard Assessment. (33) Director of California Bay-Delta Authority. (34) Director of California Conservation Corps. (35) Director of Technology. (36) Director of Emergency Services. (37) Director of the Office of Energy Infrastructure Safety. (38) The Housing and Homelessness Inspector General. (b) The annual compensation provided by this section shall be increased in any fiscal year in which a general salary increase is provided for state employees. The amount of the increase provided by this section shall be comparable to, but shall not exceed, the percentage of the general salary increases provided for state employees during that fiscal year. SEC. 3. Section 8257.1 is added to the Welfare and Institutions Code, to read: 8257.1. (a) Upon appropriation by the Legislature, or upon receiving technical assistance offered by the federal Department of Housing and Urban Development, if available, the coordinating council, or an entity the council contracts with for this purpose, shall do all of the following: (1) Conduct a statewide needs and gaps analysis that will do all of the following: (A) Identify programs in the state that provide housing or services to persons experiencing homelessness and describe all of the following for each program to the extent that data is available: (i) The amount of funding the program receives each year and funding sources for the program. (ii) The number of persons the program serves each year, disaggregated by race and gender. (iii) The types of housing and services provided to the persons the program serves each year, disaggregated by race and gender. (iv) Limitations, if any, on the length of stay for housing programs and length of provision of services for service programs. (v) If applicable, reasons for the unavailability of data. (B) Identify the total number and type of permanent housing beds, units, or opportunities available to persons experiencing homelessness statewide and in geographically diverse regions across the state. (C) Analyze the need for permanent housing opportunities, including, but not limited to, supportive housing, rapid rehousing, and affordable housing. (D) Analyze the need for services to assist persons in exiting homelessness and remaining housed. (E) Identify the number of and types of interim interventions available to persons experiencing homelessness in geographically diverse regions across the state. The data shall also include, but is not limited to, all of the following: (i) The number of year-round shelter beds. (ii) The average length of stay in or use of interim interventions, to the extent data is available. (iii) The exit rate from an interim intervention to permanent housing, to the extent data is available. 7/23/2020 Compare Versions https://leginfo.legislature.ca.gov/faces/billVersionsCompareClient.xhtml?bill_id=201920200AB3269&cversion=20190AB326995AMD 5/10 (F) Analyze the need for additional interim interventions and funding needed to create these interventions, taking into consideration the ideal length of stay in or use of the intervention. (G) Identify state-funded institutional settings that discharge persons into homelessness, and the total number of persons discharged into homelessness from each of those settings, to the extent data is available, disaggregated by race and gender. If data is unavailable, the entity conducting the analysis may extrapolate from national, local, or statewide estimates on the number or percentage of people discharged from specific institutional settings into homelessness. (H) Collect data on the numbers and demographics of persons experiencing homelessness, including, but not limited to, a quantification of the racial and ethnic disparities in the homeless population relative to the general population and, to the extent data is available, race and gender demographics, in all of the following circumstances: (i) As a young adult. (ii) As an unaccompanied minor. (iii) As a single adult experiencing chronic homelessness and nonchronic homelessness. (iv) As an adult over 50 years of age. (v) As a domestic violence survivor. (vi) As a veteran. (vii) As a person on parole or probation. (viii) As a member of a family experiencing either chronic or nonchronic patterns of homelessness. (I) Collect data, to the extent data is available, on exits from homelessness to housing, including, but not limited to, the number of people moving into permanent housing and the type of housing being accessed, the type of interventions people exiting homelessness received, if any, and racial and gender characteristics of people accessing each type of housing and receiving each type of intervention. (J) To the extent data is available, assess a sampling of data provided by local jurisdictions regarding the number of people experiencing homelessness who accessed interim interventions, including, but not limited to, shelters, recuperative care, and motels and hotels, in response to the COVID-19 pandemic, and the number of people who were able to access permanent housing on or before the expiration of interim assistance. The assessment shall include the number and racial identification of people experiencing homelessness who sheltered in place or were quarantined during the COVID-19 pandemic and the number and racial identification of people experiencing homelessness who were able to access permanent housing on or before the expiration of temporary assistance, as well as the type of housing accessed. (K) Create a financial model that will assess needs for investment in capital, in operating supports in project- based housing, in rental assistance with private-market landlords, and in services costs for purposes of moving persons experiencing homelessness into permanent housing. The financial model shall include an explanation of how these investments will affirmatively reduce and close any racial disparities identified in the homeless population. (2) (A) For purposes of collecting data to conduct the analysis pursuant to paragraph (1), evaluate all available data, including, but not limited to, data from agencies and departments other than the council, statewide and local homeless point-in-time counts and housing inventory counts, and available statewide information on the number or rate of persons exiting state-funded institutional settings into homelessness. (B) To the extent specific data is unavailable for purposes of subparagraph (A), the council may calculate estimates based on national or local data. The council shall only use data that meets either of the following requirements: (i) The data is from an evaluation or study from a third-party evaluator or researcher and is consistent with data from evaluations or studies from other third-party evaluators or researchers. (ii) A federal agency cites and refers to the data as evidence-based. 7/23/2020 Compare Versions https://leginfo.legislature.ca.gov/faces/billVersionsCompareClient.xhtml?bill_id=201920200AB3269&cversion=20190AB326995AMD 6/10 (3) Seek input from the council’s members on the direction of, design of data collection for, and items to be included in the analysis conducted pursuant to paragraph (1). (b) The council’s obligation to conduct the statewide needs and gaps analysis under subdivision (a) shall be fulfilled if a technical assistance provider from the federal Department of Housing and Urban Development conducts the analysis on behalf of the council. The council shall work with the technical assistance provider to complete the analysis. (c) For purposes of collecting data pursuant to paragraph (1) of subdivision (a), and upon appropriation pursuant to subdivision (a) to fund costs or upon the provision of technical assistance by the federal Department of Housing and Urban Development, a local government may collaborate with the coordinating council or the entity conducting the statewide analysis to do both of the following: (1) If available, share existing data from local gaps or needs analyses to inform statewide data. (2) Provide data for conducting needs analyses in a sampling of up to six geographically diverse regions to inform statewide data. The council or other entity conducting the statewide analysis may extrapolate data from these local data analyses to inform the statewide analysis. (d) The council shall report on the final needs and gaps analysis by July 31, 2021, to the Assembly Committee on Housing and Community Development, the Assembly Committee on Budget, Senate Committee on Housing, and Senate Committee on Budget and Fiscal Review. The report submitted pursuant to this paragraph shall comply with Section 9795 of the Government Code. (e) For purposes of this section, all of the following definitions apply: (1) “Chronic homelessness” has the same definition as that in Section 578.3 of Title 24 of the Code of Federal Regulations, as that section read on January 1, 2020. (2) “Council” or “coordinating council” shall mean the Homeless Coordinating and Financing Council, as created pursuant to Section 8257. (3) “Interim interventions” include, but are not limited to, year-round shelter beds, recuperative care beds, and motel vouchers. (4) “State-funded institutional settings” include, but are not limited to, justice, juvenile justice, child welfare, and health care settings. (5) “Young adult” means a person 18 to 24 years of age, inclusive. SEC. 4. Section 8257.2 is added to the Welfare and Institutions Code, to read: 8257.2. (a) Notwithstanding any other law, for purposes of designing, collecting data for, and approving the needs and gaps analysis described in Section 8257.1, a state department or agency that has a member on the coordinating council shall, within 180 days of a request for data pertaining to that state department or agency, provide to the council, or the entity conducting the analysis, the requested data, including, but not limited to, the number or rate of persons exiting state-funded institutional settings into homelessness. (b) The state department or agency shall remove any personally identifying data provided pursuant to subdivision (a), if any. (c) For purposes of this section, the following definitions apply: (1) “Personally identifying information” has the same meaning as that in Section 1798.79.8 of the Civil Code. (2) “State-funded institutional settings” include, but are not limited to, justice, juvenile justice, child welfare, and health care settings. SEC. 5. Chapter 6.6 (commencing with Section 8258) is added to Division 8 of the Welfare and Institutions Code, to read: CHAPTER 6.6. Housing and Homelessness Inspector General 8258. For purposes of this chapter: (a) “Department” means the Department of Housing and Community Development. 7/23/2020 Compare Versions https://leginfo.legislature.ca.gov/faces/billVersionsCompareClient.xhtml?bill_id=201920200AB3269&cversion=20190AB326995AMD 7/10 (b) “Inspector general” means the Housing and Homelessness Inspector General. (c) “Local agency” means a county or city and county. (d) “State department or agency” means state agency or department that has a representative on the Homeless Coordinating and Financing Council, as created pursuant to Section 8257. 8258.1. (a) There is in state government an independent officer, named the Housing and Homelessness Inspector General, within the department. (b) The inspector general shall be appointed by, and hold office at the pleasure of, the Governor. The appointment of the inspector general is subject to confirmation by the Senate. (c) The inspector general shall receive an annual salary as set forth in Section 11552 of the Government Code. (d) The inspector general shall have all of the following responsibilities: (1) Oversee the implementation of this chapter. (2) Monitor the implementation and progress of state plans and local agency plans adopted pursuant to Section 8258.3. (3) Provide technical assistance to the state, local agencies, and cities in complying with this chapter. (4) Audit the state, local agencies, and cities to determine compliance with adopted plans. (5) Bring actions against the state, local agencies, and cities to compel compliance with their respective adopted plans pursuant to Section 8258.3. (6) Investigate complaints and issue civil penalties pursuant to Section 8258.5. 8258.2. (a) It is the intent of the Legislature that the state, each local agency, and each city shall aim to reduce homelessness in their jurisdiction by 90 percent by December 31, 2028, based on the 2019 homeless point-in- time count pursuant to Section 578.3 of Title 24 of the Code of Federal Regulations. (b) It is the intent of the Legislature that racial disparities in the homeless population be eliminated by December 31, 2028. (c) It is the intent of the Legislature that the inspector general’s decision that a local agency’s or city’s good standing status may influence future funding decisions related to housing and homelessness to that jurisdiction. (d) It is the intent of the Legislature that the state, a local agency, or a city is only accountable under this chapter for reducing homelessness to the extent that it has available resources to address homelessness, and that the local agency or city should not be required to expend additional funds not contained in its actionable plan in order to meet the benchmark goal set by the department. 8258.3. (a) (1) The department shall, based on the gap analysis conducted pursuant to Section 8257.1, set a benchmark goal to reduce homelessness for the state. The department shall, based on the plan required under subdivision (b) of this section, approve or work with local agencies to identify appropriate benchmark goals to reduce homelessness for each local agency and cities within each local agency. These benchmark goals shall establish both of the following by December 31, 2028, and be based on the 2019 homeless point-in-time count pursuant to Section 578.3 of Title 24 of the Code of Federal Regulations: (A) The minimum number of people experiencing homelessness who are diverted from a homeless shelter or who have successfully accessed permanent housing during the relevant period. (B) The minimum reductions in people becoming homeless, including targeted homelessness prevention and reductions in returns to homelessness, during the relevant period. (2) The department shall establish annual benchmarks for each local agency and city subject to the requirements of paragraph (1) of subdivision (b) and the state. (b) (1) On or before January 1, 2022, each local agency shall submit to the department an actionable county- level plan for meeting specific annual benchmarks, with the goal of achieving the benchmark goal set pursuant to subdivision (a). Each city in the local agency’s jurisdiction shall participate in the county-level plan, and the local 7/23/2020 Compare Versions https://leginfo.legislature.ca.gov/faces/billVersionsCompareClient.xhtml?bill_id=201920200AB3269&cversion=20190AB326995AMD 8/10 agency shall request and actively seek the participation of all homeless continuums of care that serve the local agency’s jurisdiction. (2) The plan described in paragraph (1) shall include all of the following: (A) A gaps analysis, conducted by the local agency or a homeless continuum of care that serves the local agency, that assesses key indicators of homeless system performance, including estimates of inflow into homelessness, exits to permanent housing, length of time of homelessness, rate of returns to homelessness, and other federal Department of Housing and Urban Development System Performance Measures, disaggregated by race, and that quantifies the need for interim, affordable, rapid rehousing, and supportive housing interventions, and the associated costs for those interventions, to achieve a 90-percent reduction in population-level homelessness by December 31, 2028. (B) A description of any racial and ethnic disparities among the homeless population relative to the general population, and a description of the specific actions that will be taken to affirmatively eliminate these disparities by December 31, 2028. (C) A description and the amount of all funding sources that the local agency, and any incorporated jurisdiction and continuum of care within the local agency, has earmarked or committed to addressing homelessness, mental illness, substance use, medical care, justice system needs, and child welfare within their jurisdiction. (D) The estimated amount of additional funding needed to meet the homelessness reduction goal described in subdivision (a). (E) Timelines for the state or local agency to utilize the funding identified in subparagraph (C). (F) Specific actions that the local agency, cities in the local agency’s jurisdiction, and the homeless continuum of care that serves the local agency will take to meet the goal established in subdivision (c), taking into account funding limitations in subparagraph (D) and the housing market in the local agency’s area, by reducing the number of individuals who are experiencing homelessness in the relevant jurisdiction by moving individuals into permanent housing and ensuring the adequate provision of related social services to achieve and maintain that housing. (G) Specific roles and responsibilities that each local agency, city, and homeless continuum of care will assume to meet the benchmark goal established in subdivision (a), to ensure collaboration, leverage resources, and avoid the duplication of services and efforts. Identifying roles may include roles in siting housing and establishing zoning, funding affordable and supportive housing, funding rapid rehousing, funding interim interventions, funding services, establishing and running coordinated entry systems, promoting health and services access, and establishing protocols to avoid discharges from institutional systems into homelessness. (H) A plan may identify innovative projects to test new policies or programs that are designed to help the local agency meet its benchmark goal by reducing costs, leveraging additional resources, or increasing performance, such as by increasing housing exits, reducing returns to homelessness, and reducing the length of time experiencing homelessness. (3) Each participating local agency’s, city’s, and homeless continuum of care’s governing body shall approve, by resolution or, in the case of a homeless continuum of care, by another method in accordance with the continuum of care’s bylaws or governance procedures, the county-level plan required by paragraph (1). (4) A local agency may use or incorporate an existing gaps or needs analysis or plan to fulfill the requirements of paragraphs (1) and (2), if approved, pursuant to the procedure described in paragraph (3), by each participating jurisdiction’s and homeless continuum of care’s governing body, and if entered into no earlier than three years prior to submission to the department. (5) The state and each local agency shall submit an annual progress report to the department that details the progress and implementation of the adopted plan and any amendments proposed to the plan. Amendments to a plan shall be reviewed by the department pursuant to subdivision (c). (c) (1) Upon receipt of a plan adopted pursuant to subdivision (b), the department shall review the plan and provide feedback and recommended revisions to the state or local agency. (2) If the department sends recommended revisions to the state’s or local agency’s plan, the state or applicable local agency shall either adopt the recommended revisions, or adopt findings as to why the revisions are not needed. 7/23/2020 Compare Versions https://leginfo.legislature.ca.gov/faces/billVersionsCompareClient.xhtml?bill_id=201920200AB3269&cversion=20190AB326995AMD 9/10 (d) (1) The department shall monitor the progress of the state and each local agency required to adopt and implement a plan pursuant to subdivision (b). If the department determines that the state or a local agency has not adopted an actionable plan pursuant to subdivision (b), or has failed within a reasonable time after adoption of a plan to make progress in accordance with that plan, the department shall notify the state or local agency and the inspector general that the state or local agency is not in substantial compliance with subdivision (b). (2) If new resources are identified in a progress report submitted pursuant to paragraph (5) of subdivision (b), the department may revise a benchmark goal established pursuant to subdivision (a). (3) An innovative project, as described in subparagraph (H) of paragraph (2) of subdivision (b), shall be deemed approved by the department if the department approves a plan or plan amendment with the innovative project and the local agency or city establishes and documents outcomes upon implementation of the project. 8258.4. (a) (1) On or after January 1, 2022, the inspector general may bring an action against the state, a local agency, or a city to compel compliance with Section 8258.3 pursuant to Section 1085 of the Code of Civil Procedure. (2) In determining whether to bring an action, the inspector general shall consider, among other considerations, all of the following: (A) The number of people experiencing homelessness who are now living in permanent housing due to the actions or inactions of the city, local agency, or state. (B) The number of people entering homelessness, as measured by the homeless point-in-time count. (C) The number of people diverted from the homeless system. (D) Whether actions taken are consistent with evidence-based or best practices as the primary indicators of benchmark goal compliance. (3) In determining whether to bring an action, the inspector general may also consider the state’s or local agency’s demonstrated progress or good faith efforts toward progress in achieving the HUD System Performance Measures. (b) An action against the state pursuant to this section shall be brought in the Superior Court of the County of Sacramento. An action against a local agency pursuant to this section shall be brought in the superior court for that local agency, and an action brought against a city pursuant to this section shall be brought in the superior court for the local agency in which the city is located. (c) (1) If the inspector general finds that court action is warranted, the inspector general shall present findings around responsibility of a city, local agency, or state, and identify requested remedies for the court to consider. (2) If, in an action brought pursuant to this section, the court finds that the state or applicable local agency or city has not substantially complied with Section 8258.3, the court may issue an order or judgment directing the state, local agency, or city to substantially comply with this section by taking any of the following actions: (A) In the case of a state, local agency, or city that has failed to adopt an actionable plan within the time period specified in subdivision (b) of Section 8258.3, adopt a plan in accordance with this section. (B) Direct the state, local agency, or city to dedicate the resources identified in the plan, consistent with applicable state or federal law, to move people experiencing homelessness into permanent housing and to provide adequate interim housing. (C) Direct the local agency or city to coordinate with the state or other local agencies to reduce the number of individuals who are experiencing homelessness. (D) Direct the local agency or city to pool resources identified in the plan, consistent with applicable state or federal law, with the resources of other jurisdictions in order to address regional challenges to reducing homelessness. (E) Require jurisdictions within local agencies to rezone sites to permit the construction of housing and emergency shelters. (F) Order a jurisdiction to otherwise comply with the roles identified in subdivision (b) of Section 8258.3. 7/23/2020 Compare Versions https://leginfo.legislature.ca.gov/faces/billVersionsCompareClient.xhtml?bill_id=201920200AB3269&cversion=20190AB326995AMD 10/10 (3) The remedies available to a court that finds that the state or applicable local agency or city has not substantially complied with Section 8258.3 shall be limited to those described in paragraph (1). (4) If the court issues an order or judgment pursuant to paragraph (1), it shall retain jurisdiction for no more than 24 months to ensure that its order or judgment is carried out. (5) If the department approves a local agency’s or city’s plan to pursue an innovative program pursuant to subparagraph (H) of paragraph (2) of subdivision (b) of Section 8258.3, the inspector general and court shall not pursue any action described in paragraph (1) due to that program’s failure to meet anticipated goals for up to 18 months after the program implemention. If, after 18 months, an innovative program is deemed unsuccessful in achieving benchmarks, the local agency or city operating the program shall have up to six additional months to close, repurpose, or reallocate funding intended for the program, which shall be reflected in the annual report. (6) An order or judgment of the court pursuant to paragraph (1) may be reviewed in the manner prescribed in Title 13 (commencing with Section 901) of Part 2 of the Code of Civil Procedure. Notwithstanding any other law, an appeal pursuant to this paragraph shall be heard on an expedited basis. 8258.5. (a) The state, a local agency, or a city shall not deliberately and intentionally transport a homeless individual or households to a different jurisdiction in order to reduce the number of homeless individuals within its jurisdiction, unless those individuals or households choose to move to a different jurisdiction. (b) Any person may file a complaint with the inspector general that the state, a local agency, or a city violated subdivision (a). (c) (1) The inspector general shall investigate a complaint received pursuant to subdivision (a). (2) After investigating a complaint, the inspector general shall impose on the state or any local jurisdiction found to have violated subdivision (a) a civil penalty in an amount not to exceed one hundred thousand dollars ($100,000) per individual transported outside of the jurisdiction. SEC. 6. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. 2020 Equity Bills 6/29/2020    AB 1185 (McCarty D)   Officer oversight: sheriff oversight board.  Current Text: Introduced: 2/21/2019   html   pdf  Location: 6/11/2020-S. THIRD READING  Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Conc.Enrolled Vetoed Chaptered1st House 2nd House  Calendar:  6/29/2020  #26  SENATE ASSEMBLY BILLS - THIRD READING FILE  Summary: Would authorize a county to establish a sheriff oversight board, either by action of the board of supervisors or through a vote of county residents. The bill would authorize a sheriff oversight board to issue a subpoena or subpoena duces tecum when deemed necessary to investigate a matter within the jurisdiction of the board. The bill would authorize a county to establish an office of the inspector general to assist the board with its supervisorial duties, as provided.    AB 1196 (Gipson D)   Peace officers: use of force.  Current Text: Amended: 6/18/2020   html   pdf  Location: 1/30/2020-S. RLS.  Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Conc.Enrolled Vetoed Chaptered1st House 2nd House  Summary: Current law authorizes a peace officer to make an arrest pursuant to a warrant or based upon probable cause, as specified. Under current law, an arrest is made by the actual restraint of the person or by submission to the custody of the arresting officer. Current law authorizes a peace officer to use reasonable force to effect the arrest, to prevent escape, or to overcome resistance.This bill would prohibit a law enforcement agency from authorizing the use of a carotid restraint or a choke hold, as defined.    AB 1460 (Weber D)   California State University: graduation requirement: ethnic studies.  Current Text: Amended: 2/11/2020   html   pdf  Location: 6/18/2020-A. CONCURRENCE  Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Conc.Enrolled Vetoed Chaptered1st House 2nd House  Summary:  Would, commencing with the 2021–22 academic year, would require the California State University to provide for courses in ethnic studies at each of its campuses. The bill, commencing with students graduating in the 2024–25 academic year, would require the California State University to require, as an undergraduate graduation requirement, the completion of, at minimum, one 3-unit course in ethnic studies, as specified.    AB 1506 (McCarty D)   Police use of force.  Current Text: Amended: 6/17/2020   html   pdf  Location: 1/21/2020-S. RLS.  Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Conc.Enrolled Vetoed Chaptered1st House 2nd House  Summary: Current law requires law enforcement agencies to report to the Department of Justice, as specified, any incident in which a peace officer is involved in a shooting or use of force that results in death or serious bodily injury. This bill would create a division within the Department of Justice to, upon the request of a law enforcement agency, review the use-of-force policy of the agency and make recommendations, as specified.    AB 1835 (Weber D)   Education finance: local control funding formula: supplemental and concentration grants.  Current Text: Introduced: 1/6/2020   html   pdf  Location: 6/23/2020-S. ED.  Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Conc.Enrolled Vetoed Chaptered1st House 2nd House  Summary: Would require each school district, county office of education, and charter school to identify unspent supplemental and concentration grant funds by annually reconciling and reporting to the department its estimated and actual spending of those moneys. The bill would require unspent funds identified pursuant to these provisions to continue to be required to be expended to increase and improve services for unduplicated pupils, and would require each local educational agency to report the amounts of unspent funds identified in its local control and accountability plan.    AB 1950 (Kamlager D)   Probation: length of terms.  Current Text: Amended: 6/10/2020   html   pdf Page 1/3 ATTACHMENT B  Location: 6/16/2020-S. RLS.  Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Conc.Enrolled Vetoed Chaptered1st House 2nd House  Summary: Current law authorizes courts that have jurisdiction in misdemeanor cases to suspend the sentence and make and enforce terms of probation in those cases, for a period not to exceed 3 years, except when the period of the maximum sentence imposed by law exceeds 3 years, in which case the terms of probation may be imposed for a longer period than 3 years, but not to exceed the time for which the person may be imprisoned. This bill would instead restrict the period of probation for a misdemeanor to no longer than one year, except as specified.    AB 1994 (Holden D)   Eligibility.  Current Text: Amended: 3/16/2020   html   pdf  Location: 6/23/2020-S. HEALTH  Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Conc.Enrolled Vetoed Chaptered1st House 2nd House  Summary: Current federal law, the SUPPORT for Patients and Communities Act, prohibits a state from terminating Medi-Cal eligibility for an eligible juvenile if they are an inmate of a public institution, authorizes the suspension of Medicaid benefits to that eligible juvenile, and requires a state to conduct a redetermination of Medicaid eligibility or process an application for medical assistance under the Medicaid program for an eligible juvenile who is an inmate of a public institution. This bill would instead require the suspension of Medi-Cal benefits to an inmate of a public institution to end on the date they are no longer an inmate of a public institution or 3 years from the date they become an inmate of a public institution, whichever is sooner.    AB 2019 (Holden D)   Pupil instruction: College and Career Access Pathways partnerships: county offices of education.  Current Text: Amended: 5/18/2020   html   pdf  Location: 6/23/2020-S. ED.  Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Conc.Enrolled Vetoed Chaptered1st House 2nd House  Summary: Current law, until January 1, 2027, authorizes the governing board of a community college district to enter into a College and Career Access Pathways (CCAP) partnership with the governing board of a school district or the governing body of a charter school with the goal of developing seamless pathways from high school to community college for career technical education or preparation for transfer, improving high school graduation rates, or helping high school pupils achieve college and career readiness. This bill would specify that “high school,” as used in the bill, includes a community school, continuation high school, or juvenile court school. The bill would also authorize county offices of education to enter into CCAP partnerships with the governing boards of community college districts in accordance with these provisions.    AB 2054 (Kamlager D)   Emergency services: community response: grant program.  Current Text: Amended: 6/4/2020   html   pdf  Location: 6/18/2020-S. RLS.  Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Conc.Enrolled Vetoed Chaptered1st House 2nd House  Summary: Would, until January 1, 2024, enact the Community Response Initiative to Strengthen Emergency Systems Act or the C.R.I.S.E.S. Act for the purpose of creating, implementing, and evaluating the C.R.I.S.E.S. Act Grant Pilot Program, which the act would establish. The bill would require the Office of Emergency Services to establish rules and regulations for the act with the goal of making grants to community organizations, over 3 years, for the purpose of expanding the participation of community organizations in emergency response for specified vulnerable populations. The bill would prohibit more than a total of 12 grants being distributed.    AB 2342 (McCarty D)   Parole.  Current Text: Amended: 6/10/2020   html   pdf  Location: 6/16/2020-S. RLS.  Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Conc.Enrolled Vetoed Chaptered1st House 2nd House  Summary: Would create a program under which the length of a parolee’s period of parole could be reduced through credits earned by successfully completing specified education, training, or treatment programs, or by participating in volunteer service, while adhering to the conditions of parole. The bill would make this program inapplicable to a person who is required to register as a sex offender.    AB 2405 (Burke D)   Housing: children and families.  Current Text: Amended: 6/4/2020   html   pdf  Location: 6/11/2020-S. RLS. Page 2/3  Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Conc.Enrolled Vetoed Chaptered1st House 2nd House  Summary: Would declare that it is the policy of the state that every child and family has the right to safe, decent, and affordable housing, and would require the policy to consider homelessness prevention, emergency accommodations, and permanent housing, as specified. The bill would, among other things, require all relevant state agencies and departments, including, but not limited to, the Department of Housing and Community Development, the State Department of Social Services, and the Office of Emergency Services, and local jurisdictions to consider that state policy when revising, adopting, or establishing policies, regulations, and grant criteria when those policies, regulations, and criteria are pertinent to advancing the guidelines listed as core components of Housing First. The bill would make these provisions operative on January 1, 2026. 2026, and would make implementation of these provisions subject to an appropriation of funds in the annual Budget Act for these purposes.    AB 3121 (Weber D)   Task Force to Study and Develop Reparation Proposals for African Americans.  Current Text: Introduced: 2/21/2020   html   pdf  Location: 6/11/2020-S. RLS.  Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Conc.Enrolled Vetoed Chaptered1st House 2nd House  Summary: Would establish the Task Force to Study and Develop Reparation Proposals for African Americans, consisting of 8 members, appointed as provided. The bill would require the Task Force to, among other things, identify, compile, and synthesize the relevant corpus of evidentiary documentation of the institution of slavery that existed within the United States and the colonies. The bill would require the Task Force to recommend, among other things, the form of compensation that should be awarded, the instrumentalities through which it should be awarded, and who should be eligible for this compensation.    ACA 5 (Weber D)   Government preferences.  Current Text: Chaptered: 6/25/2020   html   pdf  Location: 6/25/2020-A. CHAPTERED  Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Conc.Enrolled Vetoed Chaptered1st House 2nd House  Summary: The California Constitution, pursuant to provisions enacted by the initiative Proposition 209 in 1996, prohibits the state from discriminating against, or granting preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity, or national origin in the operation of public employment, public education, or public contracting. The California Constitution defines the state for these purposes to include the state, any city, county, public university system, community college district, school district, special district, or any other political subdivision or governmental instrumentality of, or within, the state. This measure would repeal these provisions.    ACA 6 (McCarty D)   Elections: disqualification of electors.  Current Text: Chaptered: 6/25/2020   html   pdf  Location: 6/25/2020-A. CHAPTERED  Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Conc.Enrolled Vetoed Chaptered1st House 2nd House  Summary: Would instead direct the Legislature to provide for the disqualification of electors who are serving a state or federal prison sentence for the conviction of a felony. This measure would also delete the requirement that the Legislature provide for the disqualification of electors while on parole for the conviction of a felony. The measure would provide for the restoration of voting rights upon completion of the prison term. Total Measures: 14 Total Tracking Forms: 52 Page 3/3