The Planning and Zoning Law, for the 4th and subsequent revisions of the housing element, requires the Department of Housing and Community Development to determine the existing and projected need for housing for each region, as provided, and requires the appropriate council of governments or for cities and counties without a council of governments, the department, to adopt a final regional housing need plan allocating a share of the regional housing need to each city, county, or city and county. Existing law requires the department to meet and consult with the council of governments regarding the assumptions and methodology to be used by the department to determine the region's housing needs and requires the council of governments to provide data assumptions, including specified information regarding housing availability within the region. Existing law requires the council of governments, or delegate subregion as applicable, to develop a proposed methodology for distributing the existing and projected regional housing need to cities, counties, and cities and counties within the region or subregion, as applicable, that furthers specified objectives. Existing law, to the extent that sufficient data is available as provided, requires each council of governments, or delegate subregion as applicable, to consider including specified factors to develop the methodology that allocates regional housing needs, including the loss of units during a state of emergency that was declared by the Governor that have yet to be rebuilt or replaced at the time of the analysis.
This bill would remove the requirement that the loss of units factor be considered and instead require the draft methodology to allocate some or all of the housing need resulting from units lost during a state of emergency that was declared by the Governor during the planning period immediately preceding the relevant revision that have yet to be rebuilt or replaced at the time of the analysis to jurisdictions other than the jurisdictions in which the lost units were located. By imposing additional duties on councils of governments, this bill would impose a state-mandated local program.
Existing law requires each council of governments and delegate subregion, as applicable and at least one and one-half years before the scheduled house element revision, to distribute a draft allocation of regional housing needs to each local government in the region or subregion, where applicable, and the department, based on the adopted methodology as described above. Within 30 days following receipt of the draft allocation, existing law authorizes a local government within the region or the delegate subregion, as applicable, or the department to appeal to the council of governments or the delegate subregion for a revision of the share of the regional housing need proposed to be allocated to one or more local governments. Existing law limits the appeals to certain circumstances, including that a significant and unforeseen change in circumstances has occurred in the local jurisdiction or jurisdictions that merits a revision of certain information submitted for developing the methodology described above. Existing law requires the council of governments or delegate subregion, as applicable and no later than 45 days after a specified public hearing, to take certain actions, including making a final determination that either accepts, rejects, or modifies each appeal for a revised share. Existing law requires the final determination to be based upon specified information and the methodology described above. Existing law also requires the council of governments or delegate subregion, as applicable, to adjust allocations to the local governments based upon the results of the appeals process. Existing law gives the council of governments final authority to determine the distribution of the region's existing and projected housing need to the extent that the final allocation plan fully allocates the regional share of statewide housing need and has taken into account all appeals.
This bill would additionally require each council of governments or delegate subregion, as applicable, to make adjustments to the draft allocation plan, including by , among other things, reducing the allocation to each jurisdiction within the region or subregion by a percentage equal to the percentage of land suitable for urban development or for conversion to residential use, as provided, within the jurisdiction that is located with a very high fire risk area, as defined. The bill would expand the appealable circumstances described above to include if the council of governments or delegate subregion failed to adjust the allocation plan as described above. The bill would additionally require the final determination described above to be based on the allocation adjustments described above. In adjusting the allocations to local governments based upon the results of the appeals process, this bill would additionally require that the distribution not result in any county being allocated a percentage of the housing need within the region or subregion, as applicable, that exceeds the percentage of total population within the region or subregion that resides within urban areas, as defined, in the unincorporated area of the county. The bill would additionally require the council of governments' final authority to determine the distribution of the region's existing and project housing need to be subject to the adjustments to the draft allocation plan as described above. By imposing additional duties on councils of governments, this bill would impose a state-mandated local program.
Existing law, for cities and counties without a council of governments, requires the department to determine and distribute the existing and projected housing need. Existing law requires the distribution of regional housing need to take into consideration certain factors. Existing law also requires, as part of the allocation of the regional housing need, the department to provide each city and county with data describing the assumptions and methodology used in calculating its share of the regional housing need. Existing law authorizes a city or county to propose to revise the determination of its share of the regional housing need in accordance with criteria set forth in the draft distribution within a specified timeframe. If the department grants a revised allocation, existing law requires the department to ensure that the total regional housing need is maintained.
This bill would require the department to adjust the allocation described above, including by, among other things, reducing the allocation to each city and county by a percentage equal to the percentage of land suitable for urban development or for conversion to residential use, as provided, within the city and county that is located with a very high fire risk area, as defined. The bill would modify the authorization for a city or county proposing to revise its determination of its share of the regional housing need by requiring the proposal to be subject to the adjustments described above. The bill would also require any revised allocation to be consistent with adjustments described above.
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.

Statutes affected:
03/25/25 - Amended Senate: 65584.04 GOV, 65584.04 GOV, 65584.05 GOV, 65584.05 GOV, 65584.06 GOV, 65584.06 GOV