AB 36

Bill Subjects

Housing Elements Prohousing Designation

Abstract

Existing law, 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. The law requires the Department of Housing and Community Development (HCD) to determine whether the housing element is in substantial compliance with specified provisions of that law. Existing law requires HCD to designate jurisdictions as prohousing pursuant to emergency regulations adopted by HCD, as prescribed, and to report those designations to the Office of Land Use and Climate Innovation. Existing law specifies that these emergency regulations will remain in effect until HCD promulgates permanent prohousing regulations. This bill would instead require HCD to designate jurisdictions as prohousing pursuant to permanent regulations adopted by HCD to implement these provisions, as specified. Beginning with the 7th housing element cycle, the bill would require HCD to use materials from a jurisdiction's housing element submission when determining whether the jurisdiction qualifies as prohousing. The bill would also prohibit HCD from requiring jurisdictions with populations less than 100,000 persons to renew their prohousing designation before the next housing element cycle, as provided.