AB 3093

  • California Assembly Bill
  • 2023-2024 Regular Session
  • Introduced in Assembly
  • Passed Assembly May 21, 2024
  • Senate
  • Governor

Land use: housing element: streamlined multifamily housing.

Abstract

(1) The Planning and Zoning Law requires a city or county to adopt a general plan for land use development that includes, among other things, a housing element. That law defines various terms for purposes of requirements applicable to the housing element. Under existing law, a housing element is required to include specified information, including an analysis of special housing needs, such as those of the elderly, and quantification of the locality's existing and projected housing needs for all income levels, including extremely low income households, calculated as provided. This bill would define acutely low, extremely low, very low, lower, moderate, and above moderate income for purposes of requirements applicable to the housing element, and would make related changes. The bill would modify the specified information required to be included in the housing element, including by removing the calculation method for extremely low income households and by specifying acutely and extremely low income households as a special housing need. (2) Existing law requires the housing element to include an inventory of land suitable and available for residential development, as specified. Existing law also requires the element to include a program that sets forth a schedule of actions during the planning period that the local government is undertaking or intends to undertake to implement the policies and achieve the goals and objectives of the housing element, as described, and requires the program to identify actions that will be taken to make sites available during the planning period to accommodate the city's or county's share of the regional housing need for each income level that could not be accommodated on sites on the inventory, as described. Existing law requires the program to assist in the development of adequate housing to meet the needs of extremely low, very low, low-, and moderate-income households. This bill would also require the program to assist in the development of adequate housing to meet the needs of acutely low income households. Existing law requires sites to be rezoned, among other things, if the inventory of sites does not identify adequate sites to accommodate the need for groups of all household income levels, as specified, in a manner that accommodates 100% of the need for housing for very low and low-income households, as described. This bill would also require the 100% accommodation of acutely low and extremely low income households in that program. (3) Existing law requires, for the 4th and subsequent revision of the housing element, the Department of Housing and Community Development to determine the existing and projected need for housing for each region in a specified manner. That law provides that household income levels are to be determined by the department pursuant to specified law relating to very low, low-, moderate-, and above moderate-income households. This bill would, for purposes of the above-described determination, include acutely low and extremely low incomes, and direct the determination to be made in accordance with the definitions for those income levels as set forth in the bill. Existing law also requires, for the 4th and subsequent revision of the housing element, the department to meet and consult with the council of governments regarding the assumptions and methodologies to be used by the department in determining the region's housing needs and requires the council of governments to provide data assumptions from the council's projections, including, if available, specified data for the region. This bill would require the council to provide data regarding the housing needs of individuals and families experiencing homelessness. (4) Existing law, during a specified timeline, requires the entity that assigned the county's share of regional housing needs to reduce the share of the regional housing needs of a county if certain conditions are met. Existing law, however, reduces the county's share of low-income and very low income housing only in proportion to the amount by which the county's share of moderate- and above moderate-income housing is reduced. This bill would also include extremely low and acutely low income housing in this proportional reduction. (5) 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, among other things. As part of those objective planning standard requirements, existing law requires a development to be located in a specified locality determined by the department and subject to a requirement mandating a minimum percentage of below market rate housing based on certain parameters, depending on whether the locality submitted its latest production report or the conclusions of the report. If the locality submitted its latest production report and the report reflects that there were fewer units of housing issued building permits affordable to either very low income or low-income households by income category than were required for the regional housing needs assessment cycle for that reporting period, existing law requires the development to dedicate 50% of the total number of units, before calculating any density bonus, to housing affordable to certain households. This bill would include units affordable to acutely low income and extremely low income households, as those terms are defined, as units affordable to very low income households. (6) The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities. (7) By imposing additional requirements on local governments with regard to streamlined housing approvals and their housing element, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs 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 (2)

Votes


Actions


May 29, 2024

Senate

Referred to Com. on HOUSING.

  • Referral-Committee
Com. on HOUSING.

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 64. Noes 5.)

May 16, 2024

Assembly

Read second time. Ordered to third reading.

May 15, 2024

Assembly

From committee: Do pass. (Ayes 12. Noes 2.) (May 15).

May 14, 2024

Assembly

From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 1.) (May 14). Re-referred to Com. on APPR.

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

May 09, 2024

Assembly

(Pending re-refer to Com. on APPR.)

Assembly

Assembly Rule 56 suspended.

May 06, 2024

Assembly

Read third time and amended. Ordered to third reading.

Assembly

Re-referred to Coms. on H. & C.D. and APPR. pursuant to Assembly Rule 77.2.

  • Referral-Committee
Coms. on H. & C.D. and APPR. pursuant to Assembly Rule 77.2.

Apr 29, 2024

Assembly

Read second time. Ordered to third reading.

Apr 25, 2024

Assembly

Ordered to second reading.

Assembly

Withdrawn from committee.

Apr 23, 2024

Assembly

From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 15. Noes 0.) (April 22). Re-referred to Com. on APPR.

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

Apr 01, 2024

Assembly

Re-referred to Com. on TRANS.

  • Referral-Committee
Com. on TRANS.

Mar 21, 2024

Assembly

Referred to Com. on TRANS.

  • Referral-Committee
Com. on TRANS.

Assembly

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

Feb 17, 2024

Assembly

From printer. May be heard in committee March 18.

Feb 16, 2024

Assembly

Read first time. To print.

Bill Text

Bill Text Versions Format
AB3093 HTML
02/16/24 - Introduced PDF
03/21/24 - Amended Assembly PDF
05/06/24 - Amended Assembly PDF

Related Documents

Document Format
04/19/24- Assembly Transportation PDF
05/01/24- ASSEMBLY FLOOR ANALYSIS PDF
05/11/24- Assembly Housing and Community Development PDF
05/14/24- Assembly Appropriations PDF
05/17/24- ASSEMBLY FLOOR ANALYSIS PDF

Sources

Data on Open States is updated periodically throughout the day from the official website of the California State Legislature.

If you notice any inconsistencies with these official sources, feel free to file an issue.