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. 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 provides that a housing element or amendment is considered substantially compliant with the Housing Element Law when the local agency has adopted a housing element or amendment, the department or a court of competent jurisdiction determines the adopted housing element or amendment to be in substantial compliance with the Housing Element Law, and the department's compliance findings have not been superseded by subsequent contrary findings by the department or by a decision of a court of competent jurisdiction or the court's decision has not been overturned or superseded by a subsequent court decision or by statute.
Existing law requires the housing element to include an analysis of potential and actual governmental constraints upon the maintenance, improvement, or development of housing for all income levels, including, among others, locally adopted ordinances that directly impact the cost and supply of residential development. Existing law also requires the analysis to demonstrate local efforts to remove governmental constraints that hinder the locality from meeting its share of the regional housing need.
This bill would require the housing element to include, in addition to the above-described analysis, a governmental constraints disclosure statement, as specified. The bill would also prohibit any new or amended covered governmental constraint, as defined, or a more stringent revision of a covered governmental constraint, from being adopted during within 3 years from the date the housing element or amendment is considered in substantial compliance with the Housing Element Law unless, among other things, it was both (1) included in the governmental constraints disclosure statement, and (2) the local government has completed all of the housing element program commitments to eliminate or mitigate covered governmental constraints contained in the prior and current planning periods, or the adoption of the measure is required by state or federal law and the local government has taken specified actions. By imposing new requirements upon local governments submitting a housing element, the bill would impose a state-mandated local program.
The bill would specify that its provisions would not limit or restrict the department's existing authority with respect to reviewing any local government action or failure to act. The bill would make related findings and declarations.
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.
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.

Statutes affected:
AB 610: 65583 GOV
02/13/25 - Introduced: 65583 GOV
04/10/25 - Amended Assembly: 65583 GOV