AB 1893

  • California Assembly Bill
  • 2023-2024 Regular Session
  • Introduced in Assembly
  • Passed Assembly May 21, 2024
  • Passed Senate Aug 31, 2024
  • Became Law Sep 19, 2024

Housing Accountability Act: housing disapprovals: required local findings.

Abstract

The Planning and Zoning Law requires a city or county to adopt a general plan for land use development within its boundaries that includes, among other things, a housing element. Existing law, commonly referred to as the Housing Element Law, prescribes requirements for a city's or county's preparation of, and compliance with, its housing element, and requires the Department of Housing and Community Development to review and determine whether the housing element substantially complies with the Housing Element Law, as specified. Existing law, the Housing Accountability Act, among other things, prohibits a local agency from disapproving, or conditioning approval in a manner that renders infeasible, a housing development project for very low, low-, or moderate-income households unless the local agency makes written findings as to one of certain sets of conditions, as specified. Among these conditions, the act allows a local agency to disapprove a housing development project that is inconsistent with the jurisdiction's zoning ordinances and general plan land use designation as it existed on the date the application was deemed complete, if the jurisdiction has adopted a revised housing element that is in substantial compliance with the Housing Element Law, as specified. This bill would make various changes to that condition. The bill would specify that a local agency may disapprove or condition approval of a housing development project or emergency shelter, as described above, if the local agency makes written findings that on the date the application for the housing development project or emergency shelter was deemed complete the jurisdiction did not have an adopted revised housing element that was in substantial compliance with the Housing Element Law and the housing development project is not a builder's remedy project, as defined. Existing law defines various terms for purposes of the Housing Accountability Act. Among these terms, the act defines "housing development project" to mean a use consisting of residential units only, mixed-use developments consisting of residential and nonresidential uses with at least 23 of the square footage designated for residential use, or transitional or supportive housing. The act also defines the term "disapprove the housing development project" to include, among other things, any instance in which a local agency votes on a proposed housing development project application and the application is disapproved. The act also defines the term "housing for very low, low-, or moderate-income households," as provided. This bill would revise the definition of "housing development project" to (1) expand the scope of mixed-use developments that qualify under that definition and (2) include farmworker housing, as defined, within that definition. The bill would also revise the definition of "disapprove the housing development project" to (1) include any instance in which a local agency takes final administrative action on the application and the application is disapproved and (2) additionally provide that a local agency disapproves the project if it undertakes specified acts, including failing to cease a course of conduct undertaken for an improper purpose that effectively disapproves the proposed housing development without taking final administrative action if certain conditions are met, and failing to comply with specified law. The bill would also recast the definition of the term "housing for very low, low-, or moderate-income households" to mean housing for lower income households, mixed-income households, or moderate-income households. The bill would add various definitions, including "housing for lower income households," "housing for mixed-income households," and "housing for moderate-income households." Existing law authorizes a development proponent to submit an application for a development subject to a streamlined, ministerial approval process if the development complies with certain objective planning standards, including, among others, that the development is compliant with the maximum density allowed within that land use designation. Existing law, the Affordable Housing and High Road Jobs Act of 2022, until January 1, 2033, authorizes a development proponent to submit an application for a mixed-income housing development that meets specified objective standards and affordability and site criteria, including satisfying specified density thresholds. The act makes a development that meets those objective standards and affordability and site criteria a use by right and subject to a streamlined, ministerial review process. This bill would prescribe requirements that apply to a housing development project that is a builder's remedy project, including that a builder's remedy project is deemed to be in compliance with specified residential density standards and specified objective zoning standards, objective subdivision standards, and objective design review standards necessary for the streamlined, ministerial approval processes described above. By imposing additional duties on local agencies with respect to the review and approval of builder's remedy projects, the bill would impose a state-mandated local program. The Housing Accountability Act authorizes certain persons to bring an action to enforce the act's provisions and requires a court to order certain relief if the court makes certain findings. This bill would require court to order the relief referenced above if the court finds that the local agency violated the builder's remedy project provisions described above. This bill would incorporate additional changes to Section 65589.5 of the Government Code proposed by AB 1413 to be operative only if this bill and AB 1413 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 no reimbursement is required by this act for a specified reason.

Bill Sponsors (1)

Votes


Actions


Sep 19, 2024

California State Legislature

Chaptered by Secretary of State - Chapter 268, Statutes of 2024.

California State Legislature

Approved by the Governor.

Sep 12, 2024

California State Legislature

Enrolled and presented to the Governor at 4 p.m.

Aug 31, 2024

Senate

Read third time. Passed. Ordered to the Assembly. (Ayes 26. Noes 4.).

Assembly

Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 50. Noes 9.).

Assembly

In Assembly. Concurrence in Senate amendments pending.

Aug 26, 2024

Senate

Read second time. Ordered to third reading.

Aug 23, 2024

Senate

Read third time and amended. Ordered to second reading.

Aug 22, 2024

Senate

Read second time. Ordered to third reading.

Aug 21, 2024

Senate

Read third time and amended. Ordered to second reading.

Aug 19, 2024

Senate

Read second time. Ordered to third reading.

Aug 15, 2024

Senate

From committee: Do pass. (Ayes 5. Noes 1.) (August 15).

Aug 12, 2024

Senate

In committee: Referred to APPR suspense file.

  • Referral-Committee
APPR suspense file.

Jul 29, 2024

Senate

In committee: Hearing postponed by committee.

Jul 03, 2024

Senate

From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 1.) (July 3). Re-referred to Com. on APPR.

  • Committee-Passage
  • Committee-Passage-Favorable
  • Referral-Committee
Com. on APPR.

Jun 26, 2024

Senate

From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on L. GOV.

  • Amendment-Introduction
  • Amendment-Passage
  • Reading-1
  • Reading-2
  • Referral-Committee
Com. on L. GOV.

Jun 20, 2024

Senate

Read second time and amended. Re-referred to Com. on L. GOV.

  • Amendment-Passage
  • Reading-1
  • Reading-2
  • Referral-Committee
Com. on L. GOV.

Jun 19, 2024

Senate

From committee: Amend, and do pass as amended and re-refer to Com. on L. GOV. (Ayes 7. Noes 1.) (June 18).

Jun 10, 2024

Senate

From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on HOUSING.

  • Amendment-Introduction
  • Amendment-Passage
  • Reading-1
  • Reading-2
  • Referral-Committee
Com. on HOUSING.

May 29, 2024

Senate

Referred to Coms. on HOUSING and L. GOV.

  • Referral-Committee
Coms. on HOUSING and L. GOV.

May 22, 2024

Senate

In Senate. Read first time. To Com. on RLS. for assignment.

May 21, 2024

Assembly

Read third time. Passed. Ordered to the Senate. (Ayes 54. Noes 1. Page 5400.)

May 20, 2024

Assembly

Read second time. Ordered to third reading.

May 16, 2024

Assembly

Joint Rule 62(a), file notice suspended.

Assembly

From committee: Do pass. (Ayes 11. Noes 2.) (May 16).

May 15, 2024

Assembly

In committee: Set, first hearing. Referred to APPR. suspense file.

  • Referral-Committee
APPR. suspense file. APPR

May 01, 2024

Assembly

Re-referred to Com. on APPR.

  • Referral-Committee
Com. on APPR.

Apr 30, 2024

Assembly

Read second time and amended.

Apr 29, 2024

Assembly

From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (April 24).

Apr 22, 2024

Assembly

Re-referred to Com. on L. GOV.

  • Referral-Committee
Com. on L. GOV.

Apr 18, 2024

Assembly

From committee chair, with author's amendments: Amend, and re-refer to Com. on L. GOV. Read second time and amended.

Apr 17, 2024

Assembly

From committee: Do pass and re-refer to Com. on L. GOV. (Ayes 7. Noes 0.) (April 17). Re-referred to Com. on L. GOV.

  • Committee-Passage
  • Committee-Passage-Favorable
  • Referral-Committee
Com. on L. GOV.

Apr 02, 2024

Assembly

Re-referred to Com. on H. & C.D.

  • Referral-Committee
Com. on H. & C.D.

Apr 01, 2024

Assembly

From committee chair, with author's amendments: Amend, and re-refer to Com. on H. & C.D. Read second time and amended.

Feb 05, 2024

Assembly

Referred to Coms. on H. & C.D. and L. GOV.

  • Referral-Committee
Coms. on H. & C.D. and L. GOV.

Jan 24, 2024

Assembly

From printer. May be heard in committee February 23.

Jan 23, 2024

Assembly

Read first time. To print.

Bill Text

Bill Text Versions Format
AB1893 HTML
01/23/24 - Introduced PDF
04/01/24 - Amended Assembly PDF
04/18/24 - Amended Assembly PDF
04/30/24 - Amended Assembly PDF
06/10/24 - Amended Senate PDF
06/20/24 - Amended Senate PDF
06/26/24 - Amended Senate PDF
08/21/24 - Amended Senate PDF
08/23/24 - Amended Senate PDF
09/05/24 - Enrolled PDF
09/19/24 - Chaptered PDF

Related Documents

Document Format
04/15/24- Assembly Housing and Community Development PDF
04/23/24- Assembly Local Government PDF
05/14/24- Assembly Appropriations PDF
05/20/24- ASSEMBLY FLOOR ANALYSIS PDF
06/14/24- Senate Housing PDF
07/01/24- Senate Local Government PDF
08/12/24- Senate Appropriations PDF
08/18/24- Sen. Floor Analyses PDF
08/22/24- Sen. Floor Analyses PDF
08/25/24- Sen. Floor Analyses PDF
08/31/24- ASSEMBLY FLOOR ANALYSIS PDF

Sources

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