Robert M. Hertzberg
- Democratic
Author
Existing law, commonly referred to as the Density Bonus Law, requires a city or county to provide a developer that proposes a housing development within the city or county with a density bonus and other incentives or concessions, as specified, if the developer agrees to construct, among other options, specified percentages of units for moderate-income or, lower, or very low income households and meets other requirements. Existing law requires the developer and the city or county to ensure that the initial occupant of a for-sale unit that qualified the developer for the award of the density bonus is a person or family of very low, low, or moderate income. Existing law requires the Department of Housing and Community Development to notify a city or county, and authorizes the department to notify the Attorney General, that the city or county has taken an action that violates specified provisions of law, including the Density Bonus Law. Existing law authorizes the Attorney General to seek all remedies available under law. Existing property tax law establishes a welfare exemption under which property is exempt from taxation if the property is owned and operated by a nonprofit corporation that is organized and operated for the purpose of building and rehabilitating single-family or multifamily residences for sale, as provided, at cost to low-income families. This bill, instead, would require the developer and the city or county to ensure that (1) a for-sale unit that qualified the developer for the award of the density bonus is initially occupied by a person or family of the required income, offered at an affordable housing cost, as defined, and includes an equity sharing agreement, as specified, or (2) a qualified nonprofit housing organization that is receiving the above-described welfare exemption purchases the unit pursuant to a specified recorded contract that includes an affordability restriction, an equity sharing agreement, as specified, and a repurchase option that requires a subsequent purchaser that desires to sell or convey the property to first offer the nonprofit corporation the opportunity to repurchase the property. By imposing these requirements on local agencies with respect to density bonuses, this bill would impose a state-mandated local program. Existing law requires a city, county, or city and county to adopt an ordinance that specifies how it will implement the Density Bonus Law. Existing law provides incentive and concession calculations, and provides an exemption from the calculations, as adjusted in 2020, for a city, county, or city and county that has adopted an ordinance or a housing program, or both an ordinance and a housing program, that incentivizes the development of affordable housing that allows for density bonuses that exceed the density bonuses required by the Density Bonus Law, as provided. This bill would update cross references in those provisions. This bill would incorporate additional changes to Section 65915 of the Government Code proposed by SB 290 to be operative only if this bill and SB 290 are enacted and this bill is enacted last. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Chaptered by Secretary of State. Chapter 365, Statutes of 2021.
Approved by the Governor.
Enrolled and presented to the Governor at 3:30 p.m.
Assembly amendments concurred in. (Ayes 38. Noes 0. Page 2525.) Ordered to engrossing and enrolling.
Read third time. Passed. (Ayes 72. Noes 0. Page 2814.) Ordered to the Senate.
In Senate. Concurrence in Assembly amendments pending.
Ordered to third reading.
Read third time and amended.
Ordered to third reading.
Read third time and amended.
Ordered to third reading.
From consent calendar on motion of Assembly Member Reyes.
Read second time. Ordered to consent calendar.
From committee: Do pass. Ordered to consent calendar. (Ayes 13. Noes 0.) (July 14).
From committee: Do pass and re-refer to Com. on APPR. (Ayes 8. Noes 0.) (June 30). Re-referred to Com. on APPR.
From committee: Do pass and re-refer to Com. on L. GOV. (Ayes 8. Noes 0.) (June 22). Re-referred to Com. on L. GOV.
Referred to Coms. on H. & C.D. and L. GOV.
In Assembly. Read first time. Held at Desk.
Read third time. Passed. (Ayes 39. Noes 0. Page 1347.) Ordered to the Assembly.
Ordered to special consent calendar.
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 7. Noes 0. Page 1202.) (May 20).
Set for hearing May 20.
May 10 hearing: Placed on APPR suspense file.
Set for hearing May 10.
From committee: Do pass and re-refer to Com. on APPR with recommendation: To consent calendar. (Ayes 9. Noes 0. Page 987.) (April 29). Re-referred to Com. on APPR.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on HOUSING.
Set for hearing April 29.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.
From printer. May be acted upon on or after March 24.
Joint Rule 55 suspended. (Ayes 32. Noes 4. Page 272.)
(Ayes 32. Noes 4.)
Art. IV. Sec. 8(a) of the Constitution dispensed with.
Read first time.
Introduced. To Com. on RLS. for assignment. To print.
| Bill Text Versions | Format |
|---|---|
| SB728 | HTML |
| 02/19/21 - Introduced | |
| 03/10/21 - Amended Senate | |
| 04/15/21 - Amended Senate | |
| 08/26/21 - Amended Assembly | |
| 09/02/21 - Amended Assembly | |
| 09/10/21 - Enrolled | |
| 09/28/21 - Chaptered |
| Document | Format |
|---|---|
| 04/26/21- Senate Housing | |
| 05/07/21- Senate Appropriations | |
| 05/22/21- Sen. Floor Analyses | |
| 06/18/21- Assembly Housing and Community Development | |
| 06/29/21- Assembly Local Government | |
| 07/12/21- Assembly Appropriations | |
| 08/20/21- ASSEMBLY FLOOR ANALYSIS | |
| 08/27/21- ASSEMBLY FLOOR ANALYSIS | |
| 09/02/21- ASSEMBLY FLOOR ANALYSIS | |
| 09/07/21- Sen. Floor Analyses |
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