HomeMy WebLinkAboutCity Council Position on Legislation Pending Before Congress (31) APPR-)V&D 91-U
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File #: 19-769 MEETING DATE: 7/15/2019
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Dave Kiff, Interim City Manager
PREPARED BY: Antonia Graham, Assistant to the City Manager
Subject:
City Council Position on Legislation Pending Before Congress and the State Legislature as
Recommended by the City Council Intergovernmental Relations Committee (IRC)
Statement of Issue:
On June 26, 2019 the Intergovernmental Relations Committee (IRC) comprised of Mayor Erik
Peterson and Council Member Jill Hardy met to discuss pending Federal and State legislation (Mayor
Pro Tem Semeta was absent).
Financial Impact:
There is no fiscal impact.
Recommended Action:
A) Approve a City position of Support on S. 2012 "Restoring Local Control Over Public
Infrastructure Act"; and,
B) Approve a City position of Support on Assembly Bill 1779 (Daly) - Recovery Residences; and,
C) Approve a City position of Support if Amended on Senate Bill 438 (Hertzberg) - Emergency
Medical Services: Dispatch; and,
D) Approve a City position of Support on Senate Bill 667 (Hueso) - Recycling Infrastructure; and,
E) Approve a City position of Oppose on Senate Bill 330 (Skinner) - Housing Crisis Act of 2019;
and,
51
F) Adopt Resolution No. 2019X, "A Resolution of the City Council of the City of Huntington Beach
Supporting Maintaining Local Control of Energy Solutions."
Alternative Action(s):
Do not approve and direct staff accordingly.
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Analysis:
The Intergovernmental Relations Committee (IRC) met to discuss pending Federal and State
legislation on June 26, 2019 in addition to regional issues. The Committee reviewed the 2019 State
Legislative Matrix provided by the City's Federal and State Advocate Townsend Public Affairs. The
following is an analysis of the bills that the Committee chose to take the following positions on:
➢ SUPPORT - S. 2012 "Restoring Local Control Over Public Infrastructure Act"
This would nullify recent actions by the Federal Communications Commission (FCC) that
constrict local authority in pursuit of the expansion of wireless infrastructure. The regulations
adopted by the FCC in August and September 2018 limit the authority of cities and states to
regulate wireless technological attachments to public infrastructure, such as streetlight and
utility poles. These regulations compel local governments to permit access to publicly owned
infrastructure with set time limits as low as 60 days to conduct all necessary inspections and
authorize proposals. Additionally, their limitation on fees and rates to direct and actual costs
strips municipalities of their ability to analyze and identify the cost-benefit of this technology to
its residents. The FCC's actions prevent local environmental and design review, and drastically
limit common-sense requirements to include our constituents in the approval process and
allow us to protect our community.
As you may know, two years ago, the State of California considered Senate Bill 649,
legislation similar to the FCC's actions. The bill received widespread opposition from local
jurisdictions, and though the state legislature passed it, Governor Brown vetoed the bill. Since
then, the bill has not been reintroduced. Local governments should be granted appropriate
time and flexibility to ensure that small cell wireless infrastructure is deployed safely and
correctly in our communities.
➢ SUPPORT -Assembly Bill 1779 (Daly) - Recovery Residences
Existing law provides for the licensure and regulation by the State Department of Health Care
Services of adult alcoholism and drug abuse recovery and treatment facilities for adults. This
bill would establish, and require the department to adopt and implement, minimum standards
for counties seeking to use state funding to offer recovery residences. Additionally, the bill
would require the National Alliance for Recovery Residences to deny an application for, or
deny or revoke the recognition, registration, or certification of, a recovery residence under
certain circumstances, including if the recovery residence fails to meet the minimum
standards.
➢ SUPPORT if Amended - Senate Bill 438 (Hertzberg) - Emergency Medical Services:
Dispatch
The bill would provide that medical control by a local EMS agency medical director or medical
direction and management of an EMS system may not be construed to, among other things,
limit the authority of a public safety agency to directly receive and administer "911" emergency
requests originating within the agency's territorial jurisdiction or authorize a local EMS agency
to reduce a public safety agency's response mode or deployment of emergency response
resources within the agency's territorial jurisdiction. The bill would also clarify that a public
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safety agency does not transfer its authority to administer emergency medical services to a
local EMS agency by adhering to the policies, procedures, and protocols adopted by a local
EMS agency.
➢ SUPPORT - Senate Bill 667 (Hueso) - Recycling Infrastructure
This bill would direct CalRecycle to develop a five year needs assessment to support
innovation and technological infrastructure development in order to meet specific organic
waste reduction and recycling targets. CalReycle would develop financial incentive
mechanisms to fund and accelerate public and private capital towards organic waste diversion
and recycling infrastructure. If signed into law, this bill could create more processing facilities
nearby that could process organic material and possibly reduce operational costs for the City's
hauler who in turn passes their costs onto our ratepayers.
➢ OPPOSE - Senate Bill 330 (Skinner) - Housing Crisis Act of 2019
The bill as recently amended would, among other things, declare a statewide housing crisis
and for a five-year period, prohibit a city from imposing parking requirements near rail stops,
and freeze nearly all project related fees once a developer submits a "preliminary" application.
Furthermore, the bill created a new type of housing project application, this "preliminary"
application, which upon submittal, limits the number of public hearings, freezes nearly all
project related fees, and starts the approval timeline before an application is deemed
complete. The City questions the effectiveness of prohibiting or limiting parking requirements
and restricting essential housing related fees. SB 330 does not require any of the cost
savings associated with these limitations to be passed on to the renter or purchaser of the
housing unit. Developers would most likely pocket the savings and enhance their profits, while
not producing affordable housing.
In addition to the discussion of Federal and State legislation, a representative from the Southern
California Gas Company presented the IRC members with information on balanced energy solutions.
Recently a number of state agencies are increasingly proposing new legislation and regulations
looking to eliminate energy choices and mandating solutions to fully electrify homes and businesses
in the future. This is problematic for the City of Huntington Beach as our water distribution system
which is natural gas fired would need to be switched to electric at a large cost to the taxpayers.
These mandates eliminate local control and customer choice which suppresses innovation, reduces
reliability, and unnecessarily increases costs for Huntington Beach residents, businesses, and our
own operations.
Environmental Status:
Not Applicable
Strategic Plan Goal:
Non-Applicable - Administrative Item
Attachment(s):
1. S. 2012 "Restoring Local Control Over Public Infrastructure Act"
2. Assembly Bill 1779 (Daly)
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3. Senate Bill 438 (Hertzberg)
4. Senate Bill 667 (Hueso)
5. Senate Bill 330 (Skinner)
6. Resolution No. 2019-51, "A Resolution of the City of Huntington Beach Supporting Maintaining
Local Control of Energy Solutions."
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AUTHENTICATED
U.S.GOVERNMENT
INFORMATION
GPO
]1
ll 6 T13 CONGRESS S* 1699
lsT SESSION
To streamline siting processes for small cell deplovinent.
IN THE SENATE OF THE UNITED STATES
DUNE 3, 2019
Mr. THUNE (for himself and Mr. SC13ATz) introduced the following bill; which
JjTas read twice and referred to the Committee on Commerce, Science, and
Tra-nsporta.tion
A BILL
To streamline siting processes for small cell deplo.yinent.
1 Be it enacted by the Senate and House of Representa-
2 tives of the United States of A,),nerica in Cojggress assembled,
3 SECTION 1. SHORT TITLE.
4 This Act may be cited as the "Streamlining The
5 Rapid EJTolUtlol7 And Modernization of Leading-edge I1-1-
6 frastructure Neeessar3T to Enhance Small Cell Deployment
7 Act" or the "STREAMLINE Small Cell Deployment
8 Act".
2
1 SEC. 2. PRESERVATION OF LOCAL ZONING AUTHORITY.
2 Section 332(c) of the Communications Act of 1934
3 (47 U.S.C. 332(c)) is amended by striking paragraph (7)
4 and inserting the follmiring:
5 "(7) PRESERVATION OF LOCAL ZONING AU-
6 TIIORITY.-
7 "(A) GENERAL AUTII.ORITY.—Except as
8 proirided in this paragT aph, nothing in this Act
9 shall limit or affect the authority of a, State or
1.0 local government or instrumentality thereof over
11 decisions regarding the placement, construction,
12 and modification of personal Ntrireless service fa,-
13 cilities. `
14 "(B) LrnuTATIONS.-
15 "(1) IN GENERAL.—Except as pro-
1.6 vided in subparagraph (C), the regulation
17 of the placement, construction, or modi-
18 fication of a personal «rireless service facil-
19 ity by any State or local government or i11-
20 strumenta,lity thereof-
21 "(I) shall not unreasonably dis-
22 criminate among proViders of func-
23 tionally equivalent services; and
24 "(II) shall not prohibit or have
25 the effect of prohibiting the provision
26 of personal «rireless service.
•S 1699 IS
3
1 "(ii) TIAIEFRAAIE.—A State or local
2 government or instrumentality thereof
3 shall act on any request for authorization
4 to place, construct, or modify a, personal
5 NA fireless serNice facility AA ithin a reasonable
6 period of time after the request is duly
7 filed «%ith the government or instrumen-
8 tality, taking into account the nature and
9 scope of the request.
10 "(111) WR,ITTEN DECISION AND
11 RECORD.—Any decision by a. State or local
12 governni.ent or instrumentality thereof to
1.3 deny a request to place, construct, or mod-
1.4 ify a personal wireless service facility shall
15 be-
16 "(I) in A iting; and
17 "(II) supported by substantial
18 e«dence contained in a. NA itten
19 record.
20 "(1v) ENNTIRONATIENrTAL EFFECTS OF
21 ILkDIO FREQUENCY ETAIISSIONS.—No State
22 or local government or instrumentality
23 thereof may regulate the placement, co�n-
24 struction, or modification of personal i6re-
25 less sel-6ce facilities on the basis of the eri-
•S 1699 IS
4
1 vi -onmental effects of radio frequency.
2 emissions to the extent that the facilities
3 comply with the Commission's regulations
4 concerning such emissions.
5 "(v) JUDICIAL AND ADPIINISTRATIVE
6 REVIEW.-
7 "(1) JUDICLAL REVIEW.—Any
8 person adversely affected by any final
9 action or failure to act by a, State or
10 local government or any instrumen-
11 tality thereof that is inconsistent with
12 this subparagraph may, Nvithin 30
13 days after the action or failure to act,
14 commence an action in anv court of
15 competent jurisdiction, which shall
16 hear and decide the action on an ex-
1.7 pedited basis.
18 "(11) AD-AHNISTRATI<TE RE-
19 VIEW.—Any person adversel-\1 affected
20 by an act or failure to act by a. State
21 or local government or any ulstrumen-
22 tality thereof that is inconsistent Nvith
23 clause (iv) may petition the Cornmis-
24 siou for relief.
•S 1699 IS
5
1 "(C) PLACEMENT, CONSTRUCTION, A-N`D
2 1IODIFICATION OF SMALL PERSONAL WIRE LESS
3 SERVICE FACILITIES.-
4 "(i) IN GENERAL.—In addition to,
5 and not in derogation of any of, the limita-
6 tions under subparagraph (B), the regula,-
7 tion of the placement, construction, or
8 modification of small personal «6reless
9 ser-6ce facilities by any State or local. gov-
10 erlunent or instrumentality thereof
Il "(I) shall not unreasonably dis-
12 criminate among pro-hers of the
13 same service using comparable equip-
14 meut, including by proN iding exclusive
15 or preferential use of facilities to a
16 particular provider or class of pro-
17 eiders of personal «rireless service; and
18 "(II) shall only permit a State or
19 local government to approve or deny a.
20 permit or other pernussion to deploy a.
21 small personal wireless service facility,
22 including access to a right-of-way or a,
23 facility in a. right-of-way owned or
24 1nanaged by the State or local goverll-
•S 1699 IS
6
1 ment, based on publicly available cri-
2 teria that are-
3 "(aa) reasonable;
4 "(bb) objective; and
5 "(cc) non-discriminatory.
6 "(ii) ENGINEERING STANTDARDS; AES-
7 TIIETIC REQUIREIVzENTS.A State or local
8 government or instrumentality thereof play
9 regulate the placement, construction, and
10 iliodifieation of small personal wireless
11 service facilities for reasons of objective
12 and reasonable-
13 "(I) structural engineering stand-
14 aids based on generally applicable
15 codes;
16 "(II) safety requiremeilts; or
17 "(III) aesthetic or coneealnlent
18 requirements.
19 "(Ili) TIIIIEFRAINIES.-
20 "(I) IN GENERM,.A State or
21. Local government or instrumentality
22 thereof shall act on a complete re-
23 quest for authorization to place, con-
24 struct, or modify a small personal
•S 1699 IS
I wireless service facility not later
2 than-
3 "(aa)(AA) for collocation of
4 a small personal wireless sei-N ice
5 facility, 60 days after the date on
6 which the complete request is
7 filed, except as provided in item
8 (bb); or
9 "(BB) for any other action
10 relating to a small personal wire-
11 less ser6ce facility, 90 days after
12 the date on which the complete
13 request is filed, except as pro-
14 vided in item (cc);
15 "(bb) for collocation of a,
16 small personal wireless service fa-
17 cility, if the State or the area.
1.8 under the jurisdiction of the local
19 government has a. population of
20 fewer than 50,000 people-
21 "(AA) 90 days after the
22 date on which the complete
23 request is filed, if during the
24 30-day period ending on
25 that date of filing, the appli-
•S 1699 IS
I cable wireless ser6ce pro-
2 eider filed fewer than 50 re-
3 quests for collocation of a.
4 small personal wireless se1-�T-
5 ice facility with the State or
6 local go-vernment or instru-
7 mentality thereof; or
8 "(BB) 120 days after
9 the date on which the com-
10 plete request is filed, if dur-
11 ing the 30-day period ending
12 on that date of filing, the
13 applicable wireless servrice
14 provider filed not fewer than
15 50 requests for collocation of
16 a small personal wireless
17 serx ice facility with the
18 State or local government or
19 instrumentality thereof; or
20 "(cc) for any other action
21 relating to a small personal wire-
22 less ser6ce facility, if the State
23 or the area, under the jurisdiction
24 of the local go-\Termnent has a
•S 1699 IS
9
1 population of fewer than 50,000
2 people-
3 "(AA) 120 days after
4 the date on which the com-
5 plete request is filed, if dur-
6 ing the 30-da,.)T period ending
7 on that date of filing, the
8 applicable wireless sel-N ice
9 provider filed fewer than 50
10 requests for any other action
11 relating to a small personal
12 wireless sera ice facility with
13 the State or local goyern-
1.4 nlent or instrumentality
15 thereof; or
16 "(BB) 150 days after
1.7 the date on which the com-
18 plete request is filed, if dur-
19 ing the 30-day period ending
20 on that date of filing, the
21 applicable wireless service
22 provider filed not fewer than
23 50 requests for any other
24 action relating to a sinall
25 personal wireless serNrice fa-
Os 1699 IS
10
1 cility with the State or local
2 govern meat or instrulnen-
3 tality thereof.
4 "(AI) APPLICABILITY.—The a,p-
5 plicable thuefralne under subclause J)
6 shall apply collectively to all pro-
7 ceedings required by a State or local.
8 government or instrumentality thereof
9 for the approval of the request.
10 "(III) No TOLLING.—A time-
11 frarue under subclause (A) inay not be
1.2 tolled by any moratorium, whether ex-
13 press or de facto, imposed by a State
14 or local government on the consider-
15 ation of any request for authorization
16 to place, construct, or modify a small
17 personal wireless service facility.
18 "(AV) TEMPORARY wanTER.-
19 The Commission may temporarily
20 wa.ive the applicability of subclause (I)
21 for not longer than a single 30-day
22 period for any complete request upon
23 a demonstration by a State or local
24 government that the iraiver 1vonnld be
•S 1699 IS
1.1.
1 consistent with the public interest,
2 convenience, and necessity.
3 "(iv) DEEMED GRAINTED.—If a State
4 or local government or instrumentality
5 thereof has neither granted nor denied a
6 request within the applicable timeframe
7 under subclause (I) of clause (111), includ-
8 ing any ternporar y waiver granted under
9 subclause (I-T) of that clause, the request
10 shall be deemed granted on the date that
11 is 31 days after the date on which the gov-
12 ernment instrumentalitjr receives a «mitten
13 notice of the failure from the applicant.
14 "(v) FEES.—Notwithstanding any
15 other provision of law, a State or local gov-
16 eminent inay charge a fee to consider an
17 application for the placement, construction,
18 or modification of a small personal «fireless
19 facility or to use a right-of-way or a faeil.-
20 ity in a right-of-way o«Tired or managed by
21 the State or local government for the
22 placement, construction, or modification of
23 a small personal AA fireless facility, if the fee
24 is—
•S 1699 IS
12
1 "(I) conjpetitively neutral, tech-
2 nolog , neutral, and nondi.seriln-
3 inatory;
4 "(1I) publicly disclosed; and.
5 "(III)(aa) except as prm ided III
6 item (bb), based on actual and direct
7 costs, such as costs for-
8 "(AA.) review and processing
9 of applications;
10 "(BB) maintenance;
11 "(CC) emergency responses;
12 "(DD) repairs and replace-
13 went of components and mate-
14 rials resulting from and affected
15 by the installation of small per-
1.6 sonal wireless facilities, improve-
17 nients, and equipn7ent that facili-
18 tates the deployment and instal-
19 lation of such facilities; or
20 "(EE) inspections; or
21 "(bb) calculated in accordance
22 with section 224, in the case of a fee
23 charged for the placement, construe-
24 tion, or modification of a small per-
25 sonal ii ireless facility on a pole, in a.
•S 1699 IS
1.3
1 right-of-way, or on any other facility
2 that may be established under that
3 section.
4 "(vi) RULE OF CONSTRUCTION.-
5 Nothing in this subparagraph shall be con-
6 strued to prevent any State or local gov-
7 ernment from imposing any additional lim-
b itation or requirement relating to consider-
9 ation by the State or local government of
10 an application for the placement, construe-
11 tion, or modification of a small personal
12 itzreless sem iee facility.
13 "(D) DEFINITIONS.—For purposes of this
14 paragraph-
15 "(i) the terin `antenna' means an ap-
16 paratus designed for the purpose of emit-
17 ting radiofrequency radiation, to be oper-
18 aced or operating from a fixed location for
19 the tralisnzission of «rating, signs, signals,
20 data, images, pictures, and sounds of all
21 kinds;
22 "(i.i) the term `communications net-
23 work' means a network used to pro6de a
24 connnunications service;
•S 1699 IS
14
1 "(iii) the term `communications setvT-
2 ice' means-
3 "(I) cable ser6ce, as defined in
4 section 602;
5 "(II) information ser«ce;
6 "(III) telecommunications serv-
7 ice; or
8 "(IV) personal vNrireless ser6ce;
9 "(iv) the term `complete request'
10 means a request for which the applicant
11 has not received i itten notice from the
12 State or local government «�thiii 10 busi-
13 ness days of submission-
14 "(I) stating in writing that the
15 request is incomplete; and
16 "(II) identlA ing the information
17 causing the request to be incomplete,
18 "(v) the terin `generally applicable
19 code' includes a, uniform building, fire,
20 electrical, plumbing, or mechanical code
21 adopted by a national code organization, or
22 a, local amendment to such a code, to the
23 extent not inconsistent «pith this Act;
•S 1699 IS
15
I "(vj) the term `network interface de-
2 Nice' means a, telecommunications demarea-
3 tion dei ice and cross-connect point that-
4 "(I) is adjacent or proximate
5 to
6 "(a,a) a small personal wire-
7 less service facility; or
8 "(bb) a structure supporting
9 a, small personal A6reless ser6ce
10 facility; and
11 "(II) demarcates the boundary
12 iiith any «Tireline ba,ekhaul facility;
13 "(�ii) the terns `personal iA ireless serv-
14 ice' neans-
15 "(I) commercial mobile service;
1.6 "(II) commercial mobile data,
1.7 sem ice (as that tern is defined in sec-
18 tiou 6001 of the Middle Class Tax Re-
1.9 lief and Job Creation Act of 2012 (47
20 U.S.C. 1401));
21 "(III) unlicensed ireless ser6ce;
22 and
23 "(IV) common carrier wireless
24 exchange access service;
•S 1699 IS
16
1 "(viii) the terlu `personal ireless
2 service facility' means a facility for the
3 pro-vision of personal wireless senrice;
4 "(ix) the terns `small personal «rireless
5 service fa,eility'-
6 "(I) means a personal «rireless
7 servrice facility in AArhich each antenna
8 is not more than 3 cubic feet in yol-
9 ume; and
10 "(II) does not include a wireline
11 backhaul facility;
12 "(x) the term `unlicensed iirireless
13 service'-
14 "(I) means the offering of tele-
15 communications ser6ce using a: duly
16 authorized device that does not re-
17 quire an indiiridual license; and
18 "(II) does not include the pro-Vri-
19 lion of direct-to-home satellite service,
20 as defined in section 303(v); and
21 "(xi) the term `vvirelme backhaul facil-
22 ity means an above-ground or under-
23 ground «rireline facility used to transport
24 communications ser�rice or other electronic
25 coninninications from a small personal
•S 1699 IS
17
1 wireless service facility or its adjacent net-
2 work interface de«ce to a conullunications
3 network.".
4 SEC. 3. GAO STUDY OF BROADBAND DEPLOYMENT ON
5 TRIBAL LAND AND ON OR NEAR TRUST LAND.
6 Not later than 1 year after the date of enactment
7 of this Act, the Comptroller General of the United States
8 sliall-
9 (1) in consultation With the Secretary of Agri-
10 culture, the Director of the Bureau of Indian Af-
11 fairs, and the Federal Conlnlunications Commission,
12 stud the process for obtaining a grant of a right-
.11.3 of-way- to deploy broadband infrastructure on Tribal
14 land or on or clear trust land, as defined in section
15 3765 of title 3 8, United States Code;
16 (2) in conducting the study under paragraph
17 (1), consider the unique challenges involved in
18 broadband deploYment on Tribal land and on or
19 near trust land; and
20 (3) submit to Congress a report on the study
21 conducted under paragraph (1.)
O
•S 1699 IS
AMENDED IN SENATE JUKE 24, 2019
AMENDED IN ASSEMBLY MAY 16, 2019
AMENDED IN ASSEMBLY APRIL 22, 2019
CALIFORNIA LEGISLATURE-2019-20 REGULAR SESSION
ASSEMBLY BILL No. 1779
Introduced by Assembly Member Daly
(Coauthor: Assembly Member Rodriguez)
February 22, 2019
An act to add Chapter 14 (commencing with Section 11857) to Part
2 of Division 10.5 of the Health and Safety Code, relating to public
health.
LEGISLATIVE COUNSEL'S DIGEST
AB 1779, as amended, Daly. Recovery residences.
Existing law provides for the licensure and regulation by the State
Department of Health Care Services of adult alcoholism and drug abuse
recovery and treatment- facilities for adults. Existing law defines a
facility for those purposes to mean a premise, place, or building that
provides residential nonmedical services to adults who are recovering
from drug or alcohol abuse or who need drug or alcohol recovery
treatment or detoxification services.
This bill would establish, and require the department to adopt and
implement,minimum standards for.counties seeking to use state funding
to offer recovery residences, as defined. The bill would also require the
National Alliance for Recovery Residences to deny an application for,
or deny or revoke the recognition, registration, or certification of, a
recovery residence under certain circumstances,including if the recovery
residence fails to meet the minimum standards.
96
AB 1779 —2—
The bill would require the department to report to the Legislature, on
or before January 1,2025,the number and types of complaints received
by certifying entities and the department, the status of complaints
received, and the geographic concentration of reported eomplaints,
._.hie the eeft fieat:o_ was ......oke complaints. The bill would also
include legislative findings and declarations.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
The people of the State of California do enact as follows:
1 SECTION I. The Legislature finds and declares all of the
2 following:
3 (a) (1) Substance use disorder is ranked in the top five clinically
4 preventable burdens on health care spending.
5 (2) The level of health care services used by substance use
6 disorder patients before receiving treatment is more than double
7 that of the general population. It has been shown that after 12
8 months of treatment of substance use disorders,the levels of health
9 care services received return to almost average.
10 (3) An estimated 4 to 5 years is necessary for persons
11 experiencing the chronic disease of addiction to reach a full,
12 sustained recovery,and the first 30 to 90 days after initial treatment
13 are the most critical for preventing relapse, making it imperative
14 that recovery residences be expanded as a means of reducing costs
15 associated with multiple treatment episodes.
16 (4) There are an estimated 3.5 million persons with diagnosable
17 substance use disorders in California and a limited number of
18 available recovery residences to effectively provide healthy living
19 environments for long-term recovery.
20 (5) The need for quality recovery residence housing will
21 continue to rise throughout the next decade.
22 (b) Therefore, it is the intent of the Legislature, in enacting this
23 act, to identify best practices for recovery residences so that all of
24 the following may occur:
25 (1) Access to legitimate recovery residence housing can be
26 expanded.
96
-3— AB 1779
1 (2) Those currently living in recovery residences may see an
2 improved level of safety and a reduction in deaths due to opioid
3 abuse and overdose.
4 (3) Local governments can recognize quality recovery residences
5 for their valuable contributions to the continuum of care in
6 addiction treatment and recovery.
7 SEC.2. Chapter 14(commencing with Section 11857)is added
8 to Part 2 of Division 10.5 of the Health and Safety Code, to read:
9
10 CHAPTER 14. RECOVERY RESIDENCES
11
12 11857. (a) For purposes of this chapter, "recovery residence"
13 refers to a residential property as defined in subdivision (c) of
14 Section 11833.05.
15 (b) The department shall adopt the Best Praetiees f6r Operating
16
17 standafds f6f opefatitig reeovefy It , its distfibution+y
18 the United States Depaftment of! Human Serviees as
19
20 hottsing ttsing state fttttding. Ufttil the BPOR41 is distributed-,-4te
21 depaftment shall adop the most recent standards approved by the
22 National Alliance for Recovery Residences (NARR) as the
23 minimum standard for receiving state funding for recovery
24 residence housing. Upon distribution of the Best Practices for
25 Operating Recovery Housing (BPORH) by the United States
26 Department of Health and Human Services pursuant to Section
27 290ee-5(a) of Title 42 of the United States Code, each speck
28 residence performance requirement that exceeds the NARR
29 standards for recovery residences shall be added to the minimum
30 standard for receiving state funding for recovery residence
31 housing. A residence that is certified by an organization that is
32 currently a recognized affiliate of NARR and has adopted the
33 standards approved by NARR, and stbsequently the including a
34 requirement that opioid overdose reversal medication be readily
35 available in case ofan onsite opioid overdose emergency, and any
36 additional standards identified by the BPORH, shall be presumed
37 to have met the minimum for best praetiees. best
38 practices operating requirement. ,
39 11857.02. An application for, or the recognition, registration,
40 or certification of, a recovery residence shall be denied or revoked
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AB 1779 —4—
1 by a state affiliate of NARR under any of the following
2 circumstances:
3 (a) If the residence owner or operator name in the application
4 is listed on the Department of Health and Human Services'
5 exclusions list pursuant to Sections 1128 and 1156 of the Social
6 Security Act (42 U.S.C. Section 1320a-7 and 42 U.S.C. Section
7 1320c-5).
8 (b) If an applicant has previously applied for a license to operate
9 a residential alcoholism or drug abuse recovery or treatment
10 facility,or certified alcoholism or drug abuse recovery or treatment
l 1 program, or previously held a license to operate a residential
12 alcoholism or drug abuse recovery or treatment facility, and that
13 application was denied or the previous license was revoked,
14 suspended,terminated, surrendered,forfeited,or otherwise subject
15 to disciplinary or administrative action by the department,including
16 the imposition of civil penalties, when the department determines
17 recognition, registration, or certification would be inconsistent
18 with the ethical and safety standards required for that status.
19 (c) If the residence is not operating in compliance with NARR
20 or BPORH requirements or applicable state or federal laws. If this
21 subdivision applies, the entity shall notify the department.
22 11857.03. A eity, City, county, city and county, or local law
23 enforcementy that has documented evidence that a recovery
24 residence is not operating in compliance with NARR or BPORH
25 standards to an extent that resident or community safety is being
26 impacted,in a manner that suggests fraudulent activity is occurring,
27 or in a manner that would require licensure as a residential
28 treatment facility,may report these findings to the department and
29 to an entity described in Section 11857.01. The department or a
30 city, county, or city and county, or local law enforcement, may
31 request that the residence obtain recognition, registration,
32 certification, or licensure, as applicable, as a recovery residence
33 or treatment facility within 90 days of being notified of that
34 deficiency by the department or an entity described in Section
35 11857.01 in order to improve the conditions at the residence and
36 support positive relationships with the community. If the recovery
37 residence is providing treatment for addiction, the recovery
38 residence shall cease providing services that may be provided only
39 pursuant to a valid license until the appropriate license has been
40 issued.
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—5— AB 1.779
1 11857.04. The department shall maintain and post oft-its
2
3 (a) T+e street address of eaeh reeovery residenee that has
4 as Leeognition, registration, or eertifieation revoked, or w
5 appheation was denied,by an entity deseribed in Seetion 11857.01
7
8 had its reeognition,regi ertifieation revoked,or w
9 appheation has been denied, by an entity deseiribed in Seetion
11 11857.07. (a) This chapter does not prohibit a county
12 contracting authority from requiring quality and performance
13 standards that are similar to,or that exceed,the standards described
14 in this chapter, when contracting for recovery residence services.
15 (b) An entity may enter into a memorandum of understanding
16 with a county for the purposes of determining if the county's
17 requirements meet or exceed the minimum requirements of the
18 entity.A memorandum of understanding may include the granting
19 of reciprocity based upon the requirements of the county contract.
20 11857.08. (a) The department shall report to the Legislature
21 on or before January 1, 2025, the number and types of complaints
22 received by entities and the department pursuant to Section
23 11857.03, the status of complaints received, and the geographic
24 concentration of reported complaints.
25 (b) The report submitted pursuant to subdivision (a) shall be
26 submitted in compliance with Section 9795 of the Government
27 Code.
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96
AMENDED IN ASSEMBLY JUNE 18, 2019
AMENDED IN SENATE MAY 2, 2019
AMENDED IN SENATE MARCH 25, 2019
SENATE BILL No. 438
Introduced by Senator Hertzberg
(Principal coauthor:Assembly Member Eggman)
(Coauthor: Senator Galgiani)
(Coauthor: Assembly Member Aguiar-Curry)
February 21, 2019
An act to amend Section 53110 of, and to add Section 53100.5 to,
the Government Code,and to add-Seet Sections 1797.223 and 1798.8
to the Health and Safety Code, relating to emergency services.
LEGISLATIVE COUNSEL'S DIGEST
SB 438, as amended, Hertzberg. Emergency medical services:
dispatch.
Existing law, the Warren-911-Emergency Assistance Act, requires
every local public agency to establish within its jurisdiction a basic
emergency telephone system that includes, at a minimum, police,
firefighting, and emergency medical and ambulance services. Existing
law authorizes a public agency to incorporate private ambulance service
into the system.
This bill would prohibit a public agency from delegating, assigning,
or contracting for"911"emergency call processing or notification duties
regarding the dispatch of emergency response resources unless the
delegation or assignment is to, or the contract or agreement is with,
another public agency. The bill would Sher exempt from that
prohibition a public agency that is a joint powers authority that
96
SB 438 —2—
contracted for emergency response resources on or before January 1,
2019, under certain conditions. The bill would authorize a public agency
that contracted for dispatch of emergency response resources on or
before January 1, 2019, to continue that contract or to renegotiate or
adopt new contracts if the public agency and the public safety agencies
that provide prehospital emergency medical services consent. The bill
would state the Legislature's intent to affirm and clarify a public
agency's duty and authority to develop emergency communication
procedures and respond quickly to a person seeking emergency services
through the "911" emergency telephone system.
Existing law, the Emergency Medical Services System and the
Prehospital Emergency Medical Care Personnel Act, authorizes each
county to develop an emergency medical services (EMS)program and
designate a local EMS agency. Existing law delegates responsibility
over the medical direction and management of an EMS system to the
medical director of the local EMS agency, and requires the local EMS
agency to maintain medical control over the EMS system in accordance
with minimum standards established by the Emergency Medical Services
Authority.
This bill would require a public safety agency that provides dispatch
of prehospital emergency response resources to make a connection
available from the public safety agency dispatch center to an EMS
provider's dispatch center, as specified. The bill would provide that the
public safety agency is entitled to recover from an EMS provider the
costs incurred in establishing and maintaining the connection. The bill
would require all local EMS-agency-approved EMS providers and EMS
system providers to be simultaneously notified and dispatched at the
same response code. The bill would also, unless the local EMS agency
takes affirmative action to the contrary, deem a public safety agency's
plan to implement an EAM or advanced life support program to be
approved within 60 days of submission if the plan satisfies state
guidelines and regulations.
This bill would provide that medical control by a local EMS agency
medical director or medical direction and management of an EMS
system may not be construed to,among other things, limit the authority
of a public safety agency to directly receive and administer "911"
emergency requests originating within the agency's territorial
jurisdiction or authorize a local EMS agency to reduce a public safety
agency's response mode or deployment of emergency response resources
within the agency's territorial jurisdiction. The bill would also clarify
96
—3— SB 438
that a public safety agency does not transfer its authority to administer
emergency medical services to a local EMS agency by eonsenting to
proteeol adhering to the policies, procedures, and protocols adopted
by a local EMS agency.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
The people of the State of California.do enact as follows:
1 SECTION 1. Section 53100.5 is added to the Government
2 Code, to read:
3 53100.5. The Legislature finds and declares all of the following:
4 (a) The provision of fire protection services, rescue services,
5 emergency medical services,hazardous material response services,
6 ambulance services, and other services related to the protection of
7 lives and property is a matter of public safety and critical to the
8 public peace, health, and safety of the state.
9 (b) It is in the public interest that emergency services be
10 deployed quickly and efficiently in the interest of saving lives and
11 reducing the damage or destruction of property.
12 (c) The establishment of a uniform, statewide policy regarding
13 a public agency's ability to receive and process emergency calls
14 is a matter of statewide concern and an interest to all inhabitants
15 and citizens of this state.
16 (d) The purpose of the act that added this section is to affirm
17 and clarify a public agency's duty, responsibility, and jurisdiction
18 to establish and improve emergency communication procedures
19 and quickly respond to any person calling the telephone number
20 "911" seeking fire, medical,rescue, or other emergency services.
21 SEC. 2. Section 53110 of the Government Code is amended
22 to read:
23 53110. (a) Every system shall include police,firefighting,and
24 emergency medical and ambulance services,and may include other
25 emergency services, in the discretion of the affected local public
26 agency, such as poison control services, suicide prevention
27 services, and civil defense services. The system may incorporate
28 private ambulance service. In areas in which a public safety agency
29 of the state provides emergency services, the system shall include
30 the public safety agency or agencies.
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SB 438 —4-
1 (b) Notwithstanding subdivision (a), a public agency shall not
2 delegate, assign, or enter into a contract for"911" call processing
3 or emergency notification duties regarding the dispatch of
4 emergency response resources except as provided in subdivision
5 (c) or if the delegation or assignment is to, or the contract or
6 agreement is with, another public agency.
7 (c) Notwithstanding subdivision (b),� the following entities
8 may contract for dispatch of emergency response resources only
9 as described:
10 (1) A joint powers authority that contracted for dispatch of
11 emergency response resources on or before January 1, 2019, may
12 continue to contract for dispatch of those resources and may
13 renegotiate or adopt new contracts, if the membership of the joint
14 powers authority includes all public safety agencies that provide
15 prehospital emergency medical services and the joint powers
16 authority consents to the renegotiation or adoption of the contract.
17 (2) A public agency that has contracted for dispatch of
18 emergency response resources on or before January 1, 2019, may
19 continue to contract for dispatch of those resources and may
20 renegotiate or adopt new contracts if the public agency and the
21 public safety agencies that provide prehospital emergency medical
22 services consent to the renegotiation and adoption of the contract.
23 SEC. 3. Section 1797.223 is added to the Health and Safety
24 Code, to read:
25 1797.223. (a) (1) A public safety agency thatprovides dispatch
26 of prehospital emergency response resources shall make a
27 connection available from the public safety agency dispatch center
28 to an emergency medical services (EMS)provider's dispatch center
29 for the timely transmission of emergency response information.
30 (2) A public safety agency shall be entitled to recover from an
31 EMS provider the costs incurred in establishing and maintaining
32 a connection required by this subdivision.
33 (3) An EMS provider that elects not to use the connection
34 provided pursuant to this subdivision shall be dispatched by the
35 appropriate public safety agency and charged the same rates as
36 any other EMS provider being dispatched by that agency.
37 (4) If an EMS provider is not directly dispatched from a public
38 safety agency, the response interval for calculations for that EMS
39 provider shall not include the call processing times of the public
40 safety agency and shall begin upon receipt of notification by the
96
-5— SB 438
1 EMS provider of the emergency response caller data, either
2 electronically or by any other means prescribed in paragraph (5).
3 (5) For purposes of this subdivision, "connection"means either
4 a direct computer aided despatch (CAD) to CAD link, where
5 permissible under law, between the public safety agency and an
6 EMS provider or an indirect connection, including, but not limited
7 to, a ring down line, intercom, radio, or other electronic means
8 for timely notification of caller data and the location of the
9 emergency response.
10 (b) Unless an EMS agency has approved an emergency medical
11 dispatch (EMD) program that allows for a tiered or modified
12 response, all local EMS providers approved by the local EMS
13 agency and all statutorily-authorized EMS system providers shall
14 be simultaneously notified, or as close as technologically feasible,
15 and dispatched at the same response code.A public safety agency
16 implementing an EMD program shall be subject to the review and
17 approval of the local EMS agency and shall operate the program
18 in accordance with applicable state guidelines and regulations.
19 (c) Unless the local EMS agency takes affirmative action to the
20 contrary, a public safety agency's plan to implement an ENM or
21 advanced life support program shall be deemed approved within
22 60 days of submission if the plan satisfies state guidelines and
23 regulations.
24 SEG:3.
25 SEC. 4. Section 1798.8 is added to the Health and Safety Code,
26 to read:
27 1798.8. (a) Notwithstanding any provision of this division,
28 medical control by a local EMS agency medical director, or
29 medical direction and management of an emergency medical
30 services system,as described in this chapter, shall not be construed
31 to doh any of the following:
32 (1) Limit, supplant, prohibit, or otherwise alter a public safety
33 agency's authority to directly receive, process, and administer
34 requests for assistance originating within the public safety agency's
35 territorial jurisdiction through the emergency "91.1" system
36 established pursuant to Article 6(commencing with Section 53100)
37 of Chapter I of Part 1 of Division 2 of Title 5 of the Government
38 Code.
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SB 438 —6—
1 (2) Authorize or permit a local EMS agency to delegate,assign,
2 or enter into a contract in contravention of subdivision (b) of
3 Section 53110 of the Government Code.
4 , tnedieal
5
6 , shall n
8 (3) Authorize or permit a local EMS agency to reduce a public
9 safety agency's response mode or deployment of public safety
10 emergency response resources within the public safety agency's
1 1 territorial jurisdiction.
12 (4) Authorize or permit a local EMS agency to prevent a public
13 safety agency from providing mutual aid pursuant to the California
14 Emergency Services Act (Chapter 7 (commencing with Section
15 8550) of Division 1 of Title 2 of the Government Code).
16 (-e)
17 (b) A public safety agency's
18 prehospita4 response or fesponse mode to eomply with an
19 emergeney medieal dispateh protoee4 adherence to the policies,
20 procedures, and protocols adopted by a local EMS agency does
21 not constitute a transfer of any of the public safety agency's
22 authorities regarding the administration of emergency medical
23 services.
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96
AMENDED IN ASSEMBLY JULY 1, 2019
AMENDED IN ASSEMBLY DUNE 17, 2019
AMENDED IN SENATE APRIL 29, 2019
AMENDED IN SENATE APRIL 10, 2019
SENATE BILL No. 667
Introduced by Senator Hueso
February 22, 2019
An act to amend Section 44502 of, and to add Section 44527 to, the
Health and Safety Code, and to add Sections 42999.5 and 42999.6 to
the Public Resources Code, relating to greenhouse gases.
LEGISLATIVE COUNSEL'S DIGEST
SB 667, as amended, Hueso. Greenhouse gases: recycling
infrastructure and facilities.
The California Global Warming Solutions Act of 2006 designates
the State Air Resources Board as the state agency charged with
monitoring and regulating sources of emissions of greenhouse gases.
The act authorizes the state board to include the use of market-based
compliance mechanisms. Existing law requires all moneys, except for
fines and penalties, collected by the state board as a part of the
market-based compliance mechanism to be deposited in the Greenhouse
Gas Reduction Fund.
Existing law establishes the CalRecycle Greenhouse Gas Reduction
Revolving Loan Program,administered by the Department of Resources
Recycling and Recovery, to provide loans to reduce the emissions of
greenhouse gases by promoting in-state development of infrastructure
to process organic and other recyclable materials into new value-added
products.
95
SB 667 —2—
Existing law requires the department, with additional moneys from
the Greenhouse Gas Reduction Fund that may be appropriated to the
department, to administer a grant program to provide financial
assistance, in the form of grants, incentive payments,contracts, or other
funding mechanisms, to reduce the emissions of greenhouse gases by
promoting in-state development of infrastructure,food waste prevention,
or other projects to reduce organic waste or process organic and other
recyclable materials into new, value-added products.
The California Pollution Control Financing Authority Act establishes
the California Pollution Control Financing Authority, with specified
powers and duties, and authorizes the authority to approve financing
for projects or pollution control facilities to prevent or reduce
environmental pollution.
This bill would require the department to develop, on or before
January 1,2021,and would authorize the department to amend,a 5-year
investmetit strategy needs assessment to dive support innovation and
support technological developmei and in fr ...._..,.tur , infrastructure
development, in order to meet specified organic waste reduction and
recycling targets,as provided.The bill would require,on or before June
1, 2021, the department, in coordination with the Treasurer and the
California Pollution Control Financing Authority, to develop financial
incentive mechanisms, including, among other mechanisms, loans and
incentive payments, to fund and accelerate public and private capital
towards organic waste diversion and recycling infrastructure. The bill
would authorize the authority to provide any alternative financing
necessary to implement and administer those financial incentive
mechanisms for the benefit of public or private participating parties, in
accordance with the investment strategy. needs assessment. The bill
would tee establish the California Recycling Infrastructure
Investment Account in the State Treasury, to be administered by the
California Pollution Control Financing Authority.The bill would require
the Treasurer, in coordination with the department, to coordinate with
the States of Nevada, Oregon, and Washington on infrastructure
financing to support the recycling needs of the region and to create an
advisory stakeholder committee to support development of interstate
recycling infrastructure and markets for recyclable materials.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
95
-3— SB 667
The people of the State of'California do enact as fbllows:
1 SECTION 1. (a) The Legislature finds and declares all of the
2 following:
3 (1) Organic waste is a key source of methane emissions, a
4 powerful climate forcer for greenhouse gases and short-lived
5 climate pollutants that significantly impact air quality, public
6 health, and climate change.
7 (2) The state has been a leader in advancing policies that
8 drastically divert organic waste from landfills and recycle it,
9 including by mandating a 40-percent reduction in methane
10 emissions by 2030, compared to 2013 levels.
11 (3) The state is facing a crisis due to international dynamics that
12 have critically impacted our traditional recycling markets.
13 (4) The state,in coordination with the States of Nevada,Oregon,
14 and Washington, requires a stable, multiyear incentive program
15 that leverages private and other additional public funds to build
16 infrastructure to meet the needs of the state's organic waste
17 diversion mandate and recycling market crisis.
18 (b) It is the intent of the Legislature that moneys subsequently
19 appropriated for the Organic Waste Diversion Infrastructure Act
20 of 2019, including, but not limited to, any moneys appropriated
21 from the Greenhouse Gas Reduction Fund, established pursuant
22 to Section 16428.8 of the Government Code, be expended for
23 grants pursuant to Section 42999 of the Public Resources Code,
24 notwithstanding subdivision (a) of Section 42999 of the Public
25 Resources Code, for loans pursuant to Section 42997 of the Public
26 Resources Code,and for financing administered pursuant to Section
27 44527 of the Health and Safety Code.
28 SEC. 2. Section 44502 of the Health and Safety Code is
29 amended to read:
30 44502. It is the purpose of this division to carry out and make
31 effective the findings of the Legislature and to that end to do all
32 of the following, to the mutual benefit of the people of the state
33 and to protect their health and welfare:
34 (a) To provide industry within the state, irrespective of company
35 size, with an alternative method of financing in providing,
36 acquiring, developing, enlarging, or installing facilities for
37 establishing pollution control, providing supplies of clean water,
95
SB 667 —4-
1 and producing energy from alternative or renewable sources, that
2 are needed to accomplish the purposes of this division.
3 (b) To assist economically distressed counties and cities to
4 develop and implement growth policies and programs that reduce
5 pollution hazards and the degradation of the environment or
6 promote infill development.
7 (c) To assist with the financing of the costs of assessment,
8 remedial planning and reporting, technical assistance, and the
9 cleanup,remediation, or development of brownfield sites, or other
10 similar or related costs.
11 (d) To provide alternative financing for the development of
12 organic waste diversion technologies and infrastructure.
13 SEC. 3. Section 44527 is added to the Health and Safety Code,
14 to read:
15 44527. The authority may provide any alternative financing
16 necessary to implement and administer financial incentive
17 mechanisms,pursuant to Section 42999.6 of the Public Resources
18 Code, for the benefit of public or private participating parties, in
19 accordance with the needs assessment
20 developed pursuant to Section 42999.5 of the Public Resources
21 Code, including,but not limited to,the funding and administration
22 of financial assistance through mechanisms, such as grants, direct
23 loans, forgivable loans, loan loss reserves, loan guarantees,
24 revolving loan funds,loan participation,and other credit facilities.
25 SEC.4. Section 42999.5 is added to the Public Resources Code,
26 to read:
27 42999.5. (a) This section and Section 42999.6 shall be known,
28 and may be cited, as the Organic Waste Diversion Infrastructure
29 Investment Act of 2019.
30 (b) The department shall support technology advancement and
31 infrastructure to meet the state's 2025 organic waste reduction
32 target pursuant to Section 39730.6 of the Health and Safety Code
33 and the state's recycling goals pursuant to Section 41780.01.
34 (c) The department shall develop,on or before January 1,2021,
35 and may amend, a five-year inveshnent strategy needs assessment
36 todrive support innovation and ert technological development
37 and in f astme`- t, infrastructure development, in order to meet
38 the state's 2025 organic waste reduction target pursuant to Section
39 39730.6 of the Health and Safety Code and the state's recycling
95
—5— SB 667
1 goals pursuant to Section 41780.01.The investment strategy needs
2 assessment shall-do include all of the following:
3 (1) (A) Set fofth a five year plan f6t:the expenditure ofmoneys
4 appropriated for puToses of this . Identication of.
5 technology and infrastructure capacity gaps.
6
7 y
8
9
10 (2) Assess-Assessment of the amount of money needed to build
11 the infrastructure necessary to achieve the waste reduction target
12 pursuant to Section 39730.6 of the Health and Safety Code.
13 (3) Identi€�-Identication ofpriorities and strategies for financial
14 incentive mechanisms to help achieve the organic waste reduction
15 target pursuant to Section 39730.6 of the Health and Safety Code
16 and the state's recycling goals pursuant to Section 41.780.01.
17 SEC. 5. Section 42999.6 is added to the Public Resources Code,
18 to read:
19 42999.6. (a) On or before June 1, 2021, the department, in
20 coordination with the Treasurer and the California Pollution
21 Control Financing Authority,established pursuant to Section 44515
22 of the Health and Safety Code, shall develop financial incentive
23 mechanisms, including, but not limited to, loans, incentive
24 payments, credit facilities, pooled bonds, and other financing
25 strategies,to fund and accelerate public and private capital towards
26 organic waste diversion and recycling infrastructure.
27 (b) (1) There is hereby established in the State Treasury the
28 California Recycling Infrastructure Investment Account, which
29 the California Pollution Control Financing Authority shall
30 administer.
31 (2) In providing any financial incentives pursuant to this
32 subdivision,the California Pollution Control Financing Authority,
33 in coordination with the department, shall do all of the following:
34 (A) Ensure that a recipient of a financial incentive or a
35 beneficiary of a financial incentive leverages local, state, federal,
36 and private funding sources to maximize investment in organic
37 waste diversion and recycling infrastructure.
38 (B) Prioritize projects that have multiple benefits, including,
39 but not limited to, reducing greenhouse gas emissions, increasing
40 solid waste diversion, increasing workforce training and
95
SB 667 —6—
1 development, reducing collection and recycling costs to local
2 governments, and creating jobs.
3 (C) Prioritize projects that maximize benefits while minimizing
4 negative consequences to disadvantaged communities,as identified
5 pursuant to Section 39711 of the Health and Safety Code, and to
6 low-income communities,as defined in Section 39713 of the Health
7 and Safety Code.
8 (D) Seek to achieve a portfolio approach to funding and
9 financing pursuant to this subdivision that supports a diverse set
10 of projects.
11 (c) The Treasurer, in coordination with the department, shall
12 coordinate with the States of Nevada, Oregon, and Washington
13 on infrastructure financing to support the recycling needs of the
14 region and shall create an advisory stakeholder committee to
15 support development of interstate recycling infrastructure and
16 markets for recyclable materials.
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95
AMENDED IN ASSEMBLY JULY 1, 2019
AMENDED IN ASSEMBLY JUNE 25, 2019
AMENDED IN ASSEMBLY DUNE 12, 2019
AMENDED IN SENATE MAY 21, 2019
AMENDED IN SENATE MAY 7, 2019
AMENDED IN SENATE APRIL 24, 2019
AMENDED IN SENATE APRIL 4, 2019
AMENDED IN SENATE MARCH 25, 2019
SENATE BILL No. 330
Introduced by Senator Skinner
February 19,2019
An act to amend Section 65589.5 of, to amend, repeal, and add
Sections 65943 and 65950 of, to add and repeal Sections 65905.5,
65913� 65913.10, 65941.1, and 65950.2 of, and to add and repeal
Chapter 12 (commencing with Section 66300) of Division 1 of Title 7
of, the Government Code, relating to housing.
LEGISLATIVE COUNSEL'S DIGEST
SB 330, as amended, Skinner. Housing Crisis Act of 2019.
(1) The Housing Accountability Act, which is part of the Planning
and Zoning Law, 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
or an emergency shelter unless the local agency makes specified written
findings based on a preponderance of the evidence in the record. The
91
SB 330 —2—
act specifies that one way to satisfy that requirement is to make findings
that the housing development project or emergency shelter is
inconsistent with both the jurisdiction's zoning ordinance and general
plan land use designation as specified in any element of the general
plan as it existed on the date the application was deemed complete.The
act requires a local agency that proposes to disapprove a housing
development project that complies with applicable, objective general
plan and zoning standards and criteria that were in effect at the time
the application was deemed to be complete, or to approve it on the
condition that it be developed at a lower density, to base its decision
upon written findings supported by substantial evidence on the record
that specified conditions exist, and places the burden of proof on the
local agency to that effect. The act requires a court to impose a fine on
a local agency under certain circumstances and requires that the fine
be at least$10,000 per housing unit in the housing development project
on the date the application was deemed complete.
This bill, until January 1, 2025, would specify that an application is
deemed complete for these purposes if a preliminary application was
submitted, as described below.
Existing law authorizes the applicant,a person who would be eligible
to apply for residency in the development or emergency shelter, or a
housing organization to bring an action to enforce the Housing
Accountability Act. If, in that action, a court finds that a local agency
failed to satisfy the requirement to make the specified findings described
above, existing law requires the court to issue an order or judgment
compelling compliance with the act within 60 days, as specified.
This bill, until January 1, 2025, would additionally require a court to
issue the order or judgment previously described if the local agency
required or attempted to require certain housing development projects
to comply with an ordinance, policy, or standard not adopted and in
effect when a preliminary application was submitted.
Existing law authorizes a local agency to require a housing
development project to comply with objective, quantifiable, written
development standards, conditions, and policies appropriate to, and
consistent with,meeting the jurisdiction's share of the regional housing
need, as specified.
This bill, until January 1, 2025, would, notwithstanding those
provisions or any other law and with certain exceptions, require that a
housing development project only be subject to the preconstruction
91
—3— SB 330
development ordinances, policies, and standards adopted and in effect
when a preliminary application is submitted, except as specified.
(2) The Planning and Zoning Law, except as provided, requires that
a public hearing be held on an application for a variance from the
requirements of a zoning ordinance, an application for a conditional
use permit or equivalent development permit, a proposed revocation or
modification of a variance or use permit or equivalent development
permit, or an appeal from the action taken on any of those applications.
That law requires that notice of a public hearing be provided in
accordance with specified procedures.
This bill, until January 1, 2025,would prohibit a city or county from
conducting more than 5 hearings, as defined, held pursuant to these
provisions,or any other law,ordinance,or regulation requiring a public
hearing, if a proposed housing development project complies with the
applicable, objective general plan and zoning standards in effect at the
time an application is deemed complete, as defined. The bill would
require the city or county to consider and either approve or disapprove
the housing development project at any of the 5 hearings consistent
with the applicable timelines under the Permit Streamlining Act.
Planning
bill,designate and zone suffieient vaeant land f-or residential ttse with
standards, as provided. That law also attthortizes
eertain objeetive planning standards.
This With respeet to and where h
ttntil janttary 1,
is an allowable ttse on of after janttary>
> >
provided,Depaftment of Hottsing and Community Development as
> or ,
ttse permit .. . - Proposed hottsing development proje-et and that,
projeet wottid ha-ve been eligible for a higher density ttnder the eity's
of,equiteinent that a proposed hottsing development ineittde parking in
as in effeet on iatmary s general plan land ttse designation and zoning ordinanees
eo rity to allow the pfojeet at that higher density.The bi4l wottid
"rojeet that requires the demolition of hottsing to eornply with
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,
The bill would state that these p Jttld prevail over any
pfovided. The bill would also reqttire that any exeeption to these
(3) The Permit Streamlining Act, which is part of the Planning and
Zoning Law, requires each state agency and each local agency to
compile one or more lists that specify in detail the information that will
be required from any applicant for a development project. That law
requires the state or local agency to make copies of this information
available to all applicants for development projects and to any persons
who request the information.
The bill, until January 1, 2025, for purposes of any state or local law,
ordinance, or regulation that requires a city or county to determine
whether the site of a proposed housing development project is a historic
site,would require the city or county to make that determination, which
would remain valid for the pendency of the housing development, at
the time the application is deemed complete, except as provided. The
bill, until January 1, 2025, would also require that each local agency
make copies of any above-described list with respect to information
required from an applicant for a housing development project available
both (A) in writing to those persons to whom the agency is required to
make information available and (B) publicly available on the internet
website of the local agency.
The Permit Streamlining Act requires public agencies to approve or
disapprove of a development project within certain timeframes, as
specified. The act requires a public agency, upon its determination that
an application for a development project is incomplete,to include a list
and a thorough description of the specific information needed to
complete the application.Existing law authorizes the applicant to submit
the additional material to the public agency,requires the public agency
to determine whether the submission of the application together with
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the submitted materials is complete within 30 days of receipt, and
provides for an appeal process from the public agency's determination.
Existing law requires a final written determination by the agency on
the appeal no later than 60 days after receipt of the applicant's written
appeal.
This bill, until January 1, 2025, would provide that a housing
development project, as defined, shall be deemed to have submitted a
preliminary application upon providing specified information about the
proposed project to the city or county from which approval for the
project is being sought. The bill would require each local agency to
compile a checklist and application form that applicants for housing
development projects may use for that purpose and would require the
Department of Housing and Community Development to adopt a
standardized form for applicants seeking approval from a local agency
that has not developed its own application form. After the submittal of
a preliminary application, the bill would provide that a housing
development project would not be deemed to have submitted a complete
initial application under these provisions if the development proponent
revises the project such that the number of residential units or square
footage of construction changes by 20% or more until the development
proponent resubmits the information required by the bill so that it
reflects the revisions. The bill would require a development proponent
to submit an application for a development project that includes all
information necessary for the agency to review the application under
the Permit Streamlining Act within 180 days of submitting the
preliminary application.
The bill, until January 1, 2025, would require the lead agency, as
defined, if the application is determined to be incomplete, to provide
the applicant with an exhaustive list of items that were not complete,
as specified.
The bill, until January 1, 2025, would also provide that all deadlines
in the Permit Streamlining Act are mandatory.
The Permit Streamlining Act generally requires that a public agency
that is the lead agency for a development project approve or disapprove
a project within 120 days from the date of certification by the lead
agency of an environmental impact report prepared for certain
development projects, but reduces this time period to 90 days from the
certification of an environmental impact report for development projects
meeting certain additional conditions relating to affordability. Existing
law defines "development project" for these purposes to mean a use
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consisting of either residential units only or mixed-use developments
consisting of residential and nonresidential uses that satisfy certain other
requirements.
This bill,until January 1,2025,would reduce the time period in which
a lead agency under these provisions is required to approve or
disapprove a project from 120 days to 90 days,for a development project
generally described above, and from 90 days to 60 days, for a
development project that meets the above-described affordability
conditions.The bill would recast the definition of"development project"
for these purposes to mean a housing development project, as defined
in the Housing Accountability Act.
(4) The Planning and Zoning Law, among other things, requires the
legislative body of each county and city to adopt a comprehensive,
long-term general plan for the physical development of the county or
city and of any land outside its boundaries that relates to its planning.
That law authorizes the legislative body,if it deems it to be in the public
interest, to amend all or part of an adopted general plan, as provided.
That law also authorizes the legislative body of any county or city,
pursuant to specified procedures,to adopt ordinances that,among other
things, regulate the use of buildings, structures, and land as between
industry, business, residences, open space, and other purposes.
This bill, until January 1, 2025, with respect to land where housing
is an allowable ,use, except as specified,
would prohibit a county or city, including the electorate exercising its
local initiative or referendum power, in which specified conditions
exist, determined by the Department of Housing and Community
Development as provided,from enacting a development policy,standard,
or condition, as defined,that would have the effect of(A) changing the
land use designation or zoning of a parcel or parcels of property to a
less intensive use or reducing the intensity of land use within an existing
zoning district below what was allowed under the general plan or
specific plan land use designation and zoning ordinances of the county
or city as in effect on January 1, 2018; (B) imposing or enforcing a
moratorium on housing development within all or a portion of the
jurisdiction of the county or city, except as provided; (C) imposing or
enforcing new design standards established on or after January 1,2018,
that are not objective design standards, as defined; or (D) establishing
or implementing certain limits on the number of permits issued by, or
the population of,the county or city, unless the limit was approved prior
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to January 1, 2005, in a predominantly agricultural county, as defined.
The bill would, notwithstanding these prohibitions, allow a city or
county to prohibit the commercial use of land zoned for residential use
consistent with the authority of the city or county conferred by other
law. The bill would state that these prohibitions would apply to any
zoning ordinance adopted or amended on or after , the
effective date of these provisions, and that any development policy,
standard, or condition on or after that date that does not comply would
be deemed void.
This bill would also require a project that requires the demolition of
housing to comply with specified requirements, including the provision
of relocation assistance and a right of first refusal in the new housing
to displaced occupants, as provided. The bill would provide that these
provisions do not supersede any provision of a locally adopted
ordinance that places greater restrictions on the demolition of
residential dwelling units or that requires greater relocation assistance
to displaced households.
The bill would state that these prohibitions would prevail over any
conflicting provision of the Planning and Zoning Law or other law
regulating housing development in this state, except as specifically
provided. The bill would also require that any exception to these
provisions,including an exception for the health and safety of occupants
of a housing development project,be construed narrowly.The bill wou
also deelare any feqttn:ement to obtain loeal voter approval o
pttfposes related to hottsing development against p4lie poliey and void.
(5) This bill would include findings that the 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.
(6) By imposing various new requirements and duties on local
planning officials with respect to housing development,and by changing
the scope of a crime under the State Housing Law,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 with regard to certain mandates no
reimbursement is required by this act for a specified reason.
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With regard to any other mandates,this bill would provide that, if the
Commission on State Mandates determines that the bill contains costs
so mandated by the state, reimbursement for those costs shall be made
pursuant to the statutory provisions noted above.
(7) This bill would provide that its provisions are severable.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
The people of the State of California do enact as follows:
1 SECTION 1. This act shall be known, and may be cited, as the
2 Housing Crisis Act of 2019.
3 SEC. 2. (a) The Legislature finds and declares the following:
4 (1) California is experiencing a housing supply crisis, with
5 housing demand far outstripping supply. In 2018,California ranked
6 49th out of the 50 states in housing units per capita.
7 (2) Consequently, existing housing in this state, especially in
8 its largest cities,has become very expensive. Seven of the 10 most
9 expensive real estate markets in the United States are in California.
10 In San Francisco, the median home price is $1.6 million.
11 (3) California is also experiencing rapid year-over-year rent
12 growth with three cities in the state having had overall rent growth
13 of 10 percent or more year-over-year, and of the 50 United States
14 cities with the highest United States rents, 33 are cities in
15 California.
16 (4) California needs an estimated 180,000 additional homes
17 annually to keep up with population growth, and the Governor has
18 called for 3.5 million new homes to be built over the next 7 years.
19 (5) The housing crisis has particularly exacerbated the need for
20 affordable homes at prices below market rates.
21 (6) The housing crisis harms families across California and has
22 resulted in all of the following:
23 (A) Increased poverty and homelessness, especially first-time
24 homelessness.
25 (B) Forced lower income residents into crowded and unsafe
26 housing in urban areas.
27 (C) Forced families into lower cost new housing in greenfields
28 at the urban-rural interface with longer commute times and a higher
29 exposure to fire hazard.
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1 (D) Forced public employees, health care providers, teachers,
2 and others,including critical safety personnel,into more affordable
3 housing farther from the communities they serve, which will
4 exacerbate future disaster response challenges in high-cost,
5 high-congestion areas and increase risk to life.
6 (E) Driven families out of the state or into communities away
7 from good schools and services, making the ZIP Code where one
8 grew up the largest determinate of later access to opportunities
9 and social mobility, disrupting family life, and increasing health
10 problems due to long commutes that may exceed three hours per
11 day.
12 (7) The housing crisis has been exacerbated by the additional
13 loss of units due to wildfires in 2017 and 2018, which impacts all
14 regions of the state.The Carr Fire in 2017 alone burned over 1,000
15 homes, and over 50,000 people have been displaced by the Camp
16 Fire and the Woolsey Fire in 2018. This temporary and permanent
17 displacement has placed additional demand on the housing market
18 and has resulted in fewer housing units available for rent by
19 low-income individuals.
20 (8) Individuals who lose their housing due to fire or the sale of
21 the property cannot find affordable homes or rental units and are
22 pushed into cars and tents.
23 (9) Costs for construction of new housing continue to increase.
24 According to the Terrier Center for Housing Innovation at the
25 University of California, Berkeley, the cost of building a 100-unit
26 affordable housing project in the state was almost $425,000 per
27 unit in 2016, up from $265,000 per unit in 2000.
28 (1.0) Lengthy permitting processes and approval times,fees and
29 costs for parking, and other requirements further exacerbate cost
30 of residential construction.
31 (11) The housing crisis is severely impacting the state's
32 economy as follows:
33 (A) Employers face increasing difficulty in securing and
34 retaining a workforce.
35 (B) Schools, universities, nonprofits, and governments have
36 difficulty attracting and retaining teachers,students,and employees,
37 and our schools and critical services are suffering.
38 (C) According to analysts at McKinsey and Company, the
39 housing crisis is costing California $140 billion a year in lost
40 economic output.
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1 (12) The housing crisis also harms the environment by doing
2 both of the following:
3 (A) Increasing pressure to develop the state's farmlands, open
4 space, and rural interface areas to build affordable housing, and
5 increasing fire hazards that generate massive greenhouse gas
6 emissions.
7 (B) Increasing greenhouse gas emissions from longer commutes
8 to affordable homes far from growing job centers.
9 (13) Homes, lots, and structures near good jobs, schools, and
10 transportation remain underutilized throughout the state and could
11 be rapidly remodeled or developed to add affordable homes without
12 subsidy where they are needed with state assistance.
13 (14) Reusing existing infrastructure and developed properties,
14 and building more smaller homes with good access to schools,
15 parks,and services,will provide the most immediate help with the
16 lowest greenhouse gas footprint to state residents.
17 (b) In light of the foregoing, the Legislature hereby declares a
18 statewide housing emergency,to be in effect until January 1,2025.
19 (c) It is the intent of the Legislature, in enacting the Housing
20 Crisis Act of 2019, to do both of the following:
21 (1) Suspend certain restrictions on the development of new
22 housing during the period of the statewide emergency described
23 in subdivisions (a) and (b).
24 (2) Work with local governments to expedite the permitting of
25 housing in regions suffering the worst housing shortages and
26 highest rates of displacement.
27 SEC. 3. Section 65589.5 of the Government Code is amended
28 to read:
29 65589.5. (a) (1) The Legislature finds and declares all of the
30 following:
31 (A) The lack of housing, including emergency shelters, is a
32 critical problem that threatens the economic, environmental, and
33 social quality of life in California.
34 (B) California housing has become the most expensive in the
35 nation.The excessive cost of the state's housing supply is partially
36 caused by activities and policies of many local governments that
37 limit the approval of housing, increase the cost of land for housing,
38 and require that high fees and exactions be paid by producers of
39 housing.
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1 (C) Among the consequences of those actions are discrimination
2 against low-income and minority households, lack of housing to
3 support employment growth, imbalance in jobs and housing,
4 reduced mobility, urban sprawl, excessive commuting, and air
5 quality deterioration.
6 (D) .Many local governments do not give adequate attention to
7 the economic, environmental, and social costs of decisions that
8 result in disapproval of housing development projects, reduction
9 in density of housing projects,and excessive standards for housing
10 development projects.
11 (2) In enacting the amendments made to this section by the act
12 adding this paragraph, the Legislature further finds and declares
13 the following:
14 (A) California has a housing supply and affordability crisis of
15 historic proportions. The consequences of failing to effectively
16 and aggressively confront this crisis are hurting millions of
17 Californians, robbing future generations of the chance to call
18 California home, stifling economic opportunities for workers and
19 businesses,worsening poverty and homelessness,and undermining
20 the state's environmental and climate objectives.
21 (B) While the causes of this crisis are multiple and complex,
22 the absence of meaningful and effective policy reforms to
23 significantly enhance the approval and supply of housing affordable
24 to Californians of all income levels is a key factor.
25 (C) The crisis has grown so acute in California that supply,
26 demand, and affordability fundamentals are characterized in the
27 negative: underserved demands,constrained supply,and protracted
28 unaffordability.
29 (D) According to reports and data, California has accumulated
30 an unmet housing backlog of nearly 2,000,000 units and must
31 provide for at least 180,000 new units annually to keep pace with
32 growth through 2025.
33 (E) California's overall homeownership rate is at its lowest level
34 since the 1940s. The state ranks 49th out of the 50 states in
35 homeownership rates as well as in the supply of housing per capita.
36 Only one-half of California's households are able to afford the
37 cost of housing in their local regions.
38 (F) Lack of supply and rising costs are compounding inequality
39 and limiting advancement opportunities for many Californians.
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1 (G) The majority of California renters, more than 3,000,000
2 households,pay more than 30 percent of their income toward rent
3 and nearly one-third, more than 1,500,000 households, pay more
4 than 50 percent of their income toward rent.
5 (H) When Californians have access to safe and affordable
6 housing, they have more money for food and health care;they are
7 less likely to become homeless and in need of
8 government-subsidized services;their children do better in school;
9 and businesses have an easier time recruiting and retaining
10 employees.
11 (I) An additional consequence of the state's cumulative housing
12 shortage is a significant increase in greenhouse gas emissions
13 caused by the displacement and redirection of populations to states
14 with greater housing opportunities, particularly working- and
15 middle-class households. California's cumulative housing shortfall
16 therefore has not only national but international environmental
17 consequences.
18 (J) California's housing picture has reached a crisis of historic
19 proportions despite the fact that, for decades, the Legislature has
20 enacted numerous statutes intended to significantly increase the
21 approval,development,and affordability of housing for all income
22 levels, including this section.
23 (K) The Legislature's intent in enacting this section in 1982 and
24 in expanding its provisions since then was to significantly increase
25 the approval and construction of new housing for all economic
26 segments of California's communities by meaningfully and
27 effectively curbing the capability of local governments to deny,
28 reduce the density for, or render infeasible housing development
29 projects and emergency shelters.That intent has not been fulfilled.
30 (L) It is the policy of the state that this section should be
31 interpreted and implemented in a manner to afford the fullest
32 possible weight to the interest of, and the approval and provision
33 of, housing.
34 (3) It is the intent of the Legislature that the conditions that
35 would have a specific, adverse impact upon the public health and
36 safety, as described in paragraph (2) of subdivision (d) and
37 paragraph (1) of subdivision 0), arise infrequently.
38 (b) It is the policy of the state that a local government not reject
39 or make infeasible housing development projects, including
40 emergency shelters,that contribute to meeting the need detennined
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1 pursuant to this article without a thorough analysis of the economic,
2 social, and environmental effects of the action and without
3 complying with subdivision (d).
4 (c) The Legislature also recognizes that premature and
5 unnecessary development of agricultural lands for urban uses
6 continues to have adverse effects on the availability of those lands
7 for food and fiber production and on the economy of the state.
8 Furthermore, it is the policy of the state that development should
9 be guided away from prime agricultural lands; therefore, in
10 implementing this section, local jurisdictions should encourage,
I I to the maximum extent practicable,in filling existing urban areas.
12 (d) A local agency shall not disapprove a housing development
13 project, including farmworker housing as defined in subdivision
14 (h) of Section 50199.7 of the Health and Safety Code, for very
15 low, low-, or moderate-income households, or an emergency
16 shelter,or condition approval in a manner that renders the housing
17 development project infeasible for development for the use of very
18 low, low-, or moderate-income households, or an emergency
19 shelter, including through the use of design review standards,
20 unless it makes written findings, based upon a preponderance of
21 the evidence in the record, as to one of the following:
22 (1) The jurisdiction has adopted a housing element pursuant to
23 this article that has been revised in accordance with Section 65588,
24 is in substantial compliance with this article, and the jurisdiction
25 has met or exceeded its share of the regional housing need
26 allocation pursuant to Section 65584 for the planning period for
27 the income category proposed for the housing development project,
28 provided that any disapproval or conditional approval shall not be
29 based on any of the reasons prohibited by Section 65008. If the
30 housing development project includes a mix of income categories,
31 and the jurisdiction has not met or exceeded its share of the regional
32 housing need for one or more of those categories, then this
33 paragraph shall not be used to disapprove or conditionally approve
34 the housing development project.The share of the regional housing
35 need met by the jurisdiction shall be calculated consistently with
36 the forms and definitions that may be adopted by the Department
37 of Housing and Community Development pursuant to Section
38 65400. In the case of an emergency shelter, the jurisdiction shall
39 have met or exceeded the need for emergency shelter,as identified
40 pursuant to paragraph(7)of subdivision(a)of Section 65583.Any
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1 disapproval or conditional approval pursuant to this paragraph
2 shall be in accordance with applicable law, rule, or standards.
3 (2) The housing development project or emergency shelter as
4 proposed would have a specific, adverse impact upon the public
5 health or safety, and there is no feasible method to satisfactorily
6 mitigate or avoid the specific adverse impact without rendering
7 the development unaffordable to low- and moderate-income
8 households or rendering the development of the emergency shelter
9 financially infeasible. As used in this paragraph, a "specific,
10 adverse impact" means a significant, quantifiable, direct, and
11 unavoidable impact, based on objective, identified written public
12 health or safety standards, policies, or conditions as they existed
13 on the date the application was deemed complete. Inconsistency
14 with the zoning ordinance or general plan land use designation
15 shall not constitute a specific, adverse impact upon the public
16 health or safety.
17 (3) The denial of the housing development project or imposition
18 of conditions is required in order to comply with specific state or
19 federal law, and there is no feasible method to comply without
20 rendering the development unaffordable to low- and
21 moderate-income households or rendering the development of the
22 emergency shelter financially infeasible.
23 (4) The housing development project or emergency shelter is
24 proposed on land zoned for agriculture or resource preservation
25 that is surrounded on at least two sides by land being used for
26 agricultural or resource preservation purposes, or which does not
27 have adequate water or wastewater facilities to serve the project.
28 (5) The housing development project or emergency shelter is
29 inconsistent with both the jurisdiction's zoning ordinance and
30 general plan land use designation as specified in any element of
31 the general plan as it existed on the date the application was
32 deemed complete, and the jurisdiction has adopted a revised
33 housing element in accordance with Section 65588 that is in
34 substantial compliance with this article. For purposes of this
35 section, a change to the zoning ordinance or general plan land use
36 designation subsequent to the date the application was deemed
37 complete shall not constitute a valid basis to disapprove or
38 condition approval of the housing development project or
39 emergency shelter.
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1 (A) This paragraph cannot be utilized to disapprove or
2 conditionally approve a housing development project if the housing
3 development project is proposed on a site that is identified as
4 suitable or available for very low, low-, or moderate-income
5 households in the jurisdiction's housing element, and consistent
6 with the density specified in the housing element, even though it
7 is inconsistent with both the jurisdiction's zoning ordinance and
8 general plan land use designation.
9 (B) If the local agency has failed to identify in the inventory of
10 land in its housing element sites that can be developed for housing
11 within the planning period and are sufficient to provide for the
12 jurisdiction's share of the regional housing need for all income
13 levels pursuant to Section 65584, then this paragraph shall not be
14 utilized to disapprove or conditionally approve a housing
15 development project proposed for a site designated in any element
16 of the general plan for residential uses or designated in any element
17 of the general plan for commercial uses if residential uses are
18 permitted or conditionally permitted within commercial
19 designations. In any action in court, the burden of proof shall be
20 on the local agency to show that its housing element does identify
21 adequate sites with appropriate zoning and development standards
22 and with services and facilities to accommodate the local agency's
23 share of the regional housing need for the very low, low-, and
24 moderate-income categories.
25 (C) If the local agency has failed to identify a zone or zones
26 where emergency shelters are allowed as a permitted use without
27 a conditional use or other discretionary permit, has failed to
28 demonstrate that the identified zone or zones include sufficient
29 capacity to accommodate the need for emergency shelter identified
30 in paragraph (7) of subdivision (a) of Section 65583, or has failed
31 to demonstrate that the identified zone or zones can accommodate
32 at least one emergency shelter, as required by paragraph (4) of
33 subdivision (a) of Section 65583, then this paragraph shall not be
34 utilized to disapprove or conditionally approve an emergency
35 shelter proposed for a site designated in any element of the general
36 plan for industrial, commercial, or multifamily residential uses. In
37 any action in court,the burden of proof shall be on the local agency
38 to show that its housing element does satisfy the requirements of
39 paragraph (4) of subdivision (a) of Section 65583.
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1 (e) Nothing in this section shall be construed to relieve the local
2 agency from complying with the congestion management program
3 required by Chapter 2.6 (commencing with Section 65088) of
4 Division 1 of Title 7 or the California Coastal Act of 1976
5 (Division 20 (commencing with Section 30000) of the Public
6 Resources Code). Neither shall anything in this section be
7 construed to relieve the local agency from making one or more of
8 the findings required pursuant to Section 21081 of the Public
9 Resources Code or otherwise complying with the California
10 Environmental Quality Act(Division 13 (commencing with Section
11 21000) of the Public Resources Code).
12 (f) (1) Except as provided in subdivision (o), nothing in this
13 section shall be construed to prohibit a local agency from requiring
14 the housing development project to comply with objective,
15 quantifiable, written development standards, conditions, and
16 policies appropriate to, and consistent with, meeting the
17 jurisdiction's share of the regional housing need pursuant to Section
18 65584. However, the development standards, conditions, and
19 policies shall be applied to facilitate and accommodate
20 development at the density permitted on the site and proposed by
21 the development.
22 (2) Except as provided in subdivision(o),nothing in this section
23 shall be construed to prohibit a local agency from requiring an
24 emergency shelter project to comply with objective, quantifiable,
25 written development standards, conditions, and policies that are
26 consistent with paragraph (4) of subdivision (a) of Section 65583
27 and appropriate to, and consistent with, meeting the jurisdiction's
28 need for emergency shelter, as identified pursuant to paragraph
29 (7)of subdivision(a)of Section 65583. However,the development
30 standards, conditions, and policies shall be applied by the local
31 agency to facilitate and accommodate the development of the
32 emergency shelter project.
33 (3) Except as provided in subdivision(o),nothing in this section
34 shall be construed to prohibit a local agency from imposing fees
35 and other exactions otherwise authorized by law that are essential
36 to provide necessary public services and facilities to the housing
37 development project or emergency shelter.
38 (4) For purposes of this section, a housing development project
39 or emergency shelter shall be deemed consistent, compliant, and
40 in conformity with an applicable plan,program,policy,ordinance,
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1 standard, requirement, or other similar provision if there is
2 substantial evidence that would allow a reasonable person to
3 conclude that the housing development project or emergency
4 shelter is consistent, compliant, or in conformity.
5 (g) This section shall be applicable to charter cities because the
6 Legislature finds that the lack of housing, including emergency
7 shelter, is a critical statewide problem.
8 (h) The following definitions apply for the purposes of this
9 section:
10 (1) "Feasible" means capable of being accomplished in a
1 1 successful manner within a reasonable period of time, taking into
12 account economic,environmental,social,and technological factors.
13 (2) "Housing development project" means a use consisting of
14 any of the following:
15 (A) Residential units only.
16 (B) Mixed-use developments consisting of residential and
17 nonresidential uses with at least two-thirds of the square footage
18 designated for residential use.
19 (C) Transitional housing or supportive housing.
20 (3) "Housing for very low, low-, or moderate-income
21 households" means that either (A) at least 20 percent of the total
22 units shall be sold or rented to lower income households,as defined
23 in Section 50079.5 of the Health and Safety Code, or (B) 100
24 percent of the units shall be sold or rented to persons and families
25 of moderate income as defined in Section 50093 of the Health and
26 Safety Code,or persons and families of middle income,as defined
27 in Section 65008 of this code. Housing units targeted for lower
28 income households shall be made available at a monthly housing
29 cost that does not exceed 30 percent of 60 percent of area median
30 income with adjustments for household size made in accordance
31 with the adjustment factors on which the lower income eligibility
32 limits are based. Housing units targeted for persons and families
33 of moderate income shall be made available at a monthly housing
34 cost that does not exceed 30 percent of 100 percent of area median
35 income with adjustments for household size made in accordance
36 with the adjustment factors on which the moderate-income
37 eligibility limits are based.
38 (4) "Area median income" means area median income as
39 periodically established by the Department of Housing and
40 Community Development pursuant to Section 50093 of the Health
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1 and Safety Code. The developer shall provide sufficient legal
2 commitments to ensure continued availability of units for very low
3 or low-income households in accordance with the provisions of
4 this subdivision for 30 years.
5 (5) Notwithstanding any other law, until January 1, 2025,
6 "deemed complete" means that the applicant has submitted a
7 preliminary application pursuant to Section 65941.1.
8 (6) "Disapprove the housing development project"includes any
9 instance in which a local agency does either of the following:
10 (A) Votes on a proposed housing development project
11 application and the application is disapproved, including any
12 required land use approvals or entitlements necessary for the
13 issuance of a building permit.
14 (B) Fails to comply with the time periods specified in
15 subdivision (a) of Section 65950. An extension of time pursuant
16 to Article 5 (commencing with Section 65950) shall be deemed to
17 be an extension of time pursuant to this paragraph.
18 (7) "Lower density"includes any conditions that have the same
19 effect or impact on the ability of the project to provide housing.
20 (�
21 (8) Until January 1, 2025, "objective" means involving no
22 personal or subjective judgment by a public official and being
23 uniformly verifiable by reference to an external and uniform
24 benchmark or criterion available and knowable by both the
25 development applicant or proponent and the public official.
26 (i) If any city, county, or city and county denies approval or
27 imposes conditions, including design changes, lower density, or
28 a reduction of the percentage of a lot that may be occupied by a
29 building or structure under the applicable planning and zoning in
30 force at the time the housing development project's application is
31 deemed complete, that have a substantial adverse effect on the
32 viability or affordability of a housing development for very low,
33 low-, or moderate-income households, and the denial of the
34 development or the imposition of conditions on the development
35 is the subject of a court action which challenges the denial or the
36 imposition of conditions, then the burden of proof shall be on the
37 local legislative body to show that its decision is consistent with
38 the findings as described in subdivision (d), and that the findings
39 are supported by a preponderance of the evidence in the record,
40 and with the requirements of subdivision (o).
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1 (j) (1) When a proposed housing development project complies
2 with applicable, objective general plan, zoning, and subdivision
3 standards and criteria, including design review standards, in effect
4 at the time that the application was deemed complete,but the local
5 agency proposes to disapprove the project or to impose a condition
6 that the project be developed at a lower density, the local agency
7 shall base its decision regarding the proposed housing development
8 project upon written findings supported by a preponderance of the
9 evidence on the record that both of the following conditions exist:
10 (A) The housing development project would have a specific,
11 adverse impact upon the public health or safety unless the project
12 is disapproved or approved upon the condition that the project be
13 developed at a lower density.As used in this paragraph,a"specific,
14 adverse impact" means a significant, quantifiable, direct, and
15 unavoidable impact, based on objective, identified written public
16 health or safety standards, policies, or conditions as they existed
17 on the date the application was deemed complete. .
18 (B) There is no feasible method to satisfactorily mitigate or
19 avoid the adverse impact identified pursuant to paragraph(1),other
20 than the disapproval of the housing development project or the
21 approval of the project upon the condition that it be developed at
22 a lower density.
23 (2) (A) If the local agency considers a proposed housing
24 development project to be inconsistent, not in compliance, or not
25 in conformity with an applicable plan,program,policy,ordinance,
26 standard, requirement, or other similar provision as specified in
27 this subdivision, it shall provide the applicant with written
28 documentation identifying the provision or provisions, and an
29 explanation of the reason or reasons it considers the housing
30 development to be inconsistent, not in compliance, or not in
31 conformity as follows:
32 (i) Within 30 days of the date that the application for the housing
33 development project is determined to be complete, if the housing
34 development project contains 150 or fewer housing units.
35 (ii) Within 60 days of the date that the application for the
36 .housing development project is determined to be complete, if the
37 housing development project contains more than 150 units.
38 (B) If the local agency fails to provide the required
39 documentation pursuant to subparagraph (A), the housing
40 development project shall be deemed consistent, compliant, and
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SB 330 —20—
1 in conformity with the applicable plan,program,policy,ordinance,
2 standard, requirement, or other similar provision.
3 (3) For purposes of this section, the receipt of a density bonus
4 pursuant to Section 65915 shall not constitute a valid basis on
5 which to find a proposed housing development project is
6 inconsistent, not in compliance, or not in conformity, with an
7 applicable plan,program,policy,ordinance,standard,requirement,
8 or other similar provision specified in this subdivision.
9 (4) For purposes of this section,a proposed housing development
10 project is not inconsistent with the applicable zoning standards
11 and criteria, and shall not require a rezoning, if the housing
12 development project is consistent with the objective general plan
13 standards and criteria but the zoning for the project site is
14 inconsistent with the general plan.If the local agency has complied
15 with paragraph (2), the local agency may require the proposed
16 housing development project to comply with the objective
17 standards and criteria of the zoning which is consistent with the
18 general plan, however, the standards and criteria shall be applied
19 to facilitate and accommodate development at the density allowed
20 on the site by the general plan and proposed by the proposed
21 housing development project.
22 (k) (1) (A) (1) The applicant, a person who would be eligible
23 to apply for residency in the development or emergency shelter,
24 or a housing organization may bring an action to enforce this
25 section. If, in any action brought to enforce this section, a court
26 finds that any of the following are met, the court shall issue an
27 order pursuant to clause (ii):
28 (I) The local agency,in violation of subdivision(d),disapproved
29 a housing development project or conditioned its approval in a
30 manner rendering it infeasible for the development of an emergency
31 shelter, or housing for very low, low-, or moderate-income
32 households, including farmworker housing, without making the
33 findings required by this section or without making findings
34 supported by a preponderance of the evidence.
35 (II) The local agency, in violation of subdivision 0),disapproved
36 a housing development project complying with applicable,
37 objective general plan and zoning standards and criteria,or imposed
38 a condition that the project be developed at a lower density,without
39 making the findings required by this section or without making
40 findings supported by a preponderance of the evidence.
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1 (III) (ia) Subject to sub-subclause (ib), the local agency, in
2 violation of subdivision (o), required or attempted to require a
3 housing development project to comply with an ordinance,policy,
4 or standard not adopted and in effect when a preliminary
5 application was submitted.
6 (ib) This subclause shall become inoperative on January 1,2025.
7 (ii) If the court finds that one of the conditions in clause (i) is
8 met, the court shall issue an order or judgment compelling
9 compliance with this section within 60 days, including, but not
10 limited to,an order that the local agency take action on the housing
11 development project or emergency shelter. The court may issue
12 an order or judgment directing the local agency to approve the
13 housing development project or emergency shelter if the court
14 finds that the local agency acted in bad faith when it disapproved
15 or conditionally approved the housing development or emergency
16 shelter in violation of this section.The court shall retain jurisdiction
17 to ensure that its order or judgment is carried out and shall award
18 reasonable attorney's fees and costs of suit to the plaintiff or
19 petitioner, except under extraordinary circumstances in which the
20 court finds that awarding fees would not further the purposes of
21 this section.
22 (B) (i) Upon a determination that the local agency has failed
23 to comply with the order or judgment compelling compliance with
24 this section within 60 days issued pursuant to subparagraph (A),
25 the court shall impose fines on a local agency that has violated this
26 section and require the local agency to deposit any fine levied
27 pursuant to this subdivision into a local housing trust fund. The
28 local agency may elect to instead deposit the fine into the Building
29 Homes and Jobs Fund, if Senate Bill 2 of the 2017-18 Regular
30 Session is enacted, or otherwise in the Housing Rehabilitation
31 Loan Fund.The fine shall be in a minimum amount of ten thousand
32 dollars ($10,000) per housing unit in the housing development
33 project on the date the application was deemed complete pursuant
34 to Section 65943. In determining the amount of fine to impose,
35 the court shall consider the local agency's progress in attaining its
36 target allocation of the regional housing need pursuant to Section
37 65584 and any prior violations of this section. Fines shall not be
38 paid out of funds already dedicated to affordable housing,
39 including, but not limited to, Low and Moderate Income Housing
40 Asset Funds, funds dedicated to housing for very low, low-, and
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SB 330 —22—
1 moderate-income households, and federal HOME Investment
2 Partnerships Program and Community Development Block Grant
3 Program funds. The local agency shall commit and expend the
4 money in the local housing trust fund within five years for the sole
5 purpose of financing newly constructed housing units affordable
6 to extremely low, very low, or low-income households.After five
7 years, if the funds have not been expended,the money shall revert
8 to the state and be deposited in the Building Homes and Jobs Fund,
9 if Senate Bill 2 of the 2017-18 Regular Session is enacted, or
10 otherwise in the Housing Rehabilitation Loan Fund, for the sole
11 purpose of financing newly constructed housing units affordable
12 to extremely low, very low, or low-income households.
13 (ii) If any money derived from a fine imposed pursuant to this
14 subparagraph is deposited in the Housing Rehabilitation Loan
15 Fund,then,notwithstanding Section 50661 of the Health and Safety
16 Code, that money shall be available only upon appropriation by
17 the Legislature.
18 (C) If the court determines that its order or judgment has not
19 been carried out within 60 days,the court may issue further orders
20 as provided by law to ensure that the purposes and policies of this
21 section are fulfilled,including,but not limited to,an order to vacate
22 the decision of the local agency and to approve the housing
23 development project,in which case the application for the housing
24 development project, as proposed by the applicant at the time the
25 local agency took the initial action determined to be in violation
26 of this section, along with any standard conditions determined by
27 the court to be generally imposed by the local agency on similar
28 projects, shall be deemed to be approved unless the applicant
29 consents to a different decision or action by the local agency.
30 (2) For purposes of this subdivision, "housing organization"
31 means a trade or industry group whose local members are primarily
32 engaged in the construction or management of housing units or a
33 nonprofit organization whose mission includes providing or
34 advocating for increased access to housing for low-income
35 households and have filed written or oral comments with the local
36 agency prior to action on the housing development project. A
37 housing organization may only file an action pursuant to this
38 section to challenge the disapproval of a housing development by
39 a local agency. A housing organization shall be entitled to
91
—23— SB 330
1 reasonable attorney's fees and costs if it is the prevailing party in
2 an action to enforce this section.
3 (0 If the court finds that the local agency (1) acted in bad faith
4 when it disapproved or conditionally approved the housing
5 development or emergency shelter in violation of this section and
6 (2)failed to carry out the court's order or judgment within 60 days
7 as described in subdivision (k), the court, in addition to any other
8 remedies provided by this section, shall multiply the fine
9 determined pursuant to subparagraph (B) of paragraph (1) of
10 subdivision (k) by a factor of five. For purposes of this section,
11 "bad faith"includes,but is not limited to, an action that is frivolous
12 or otherwise entirely without merit.
13 (m) Any action brought to enforce the provisions of this section
14 shall be brought pursuant to Section 1094.5 of the Code of Civil
15 Procedure,and the local agency shall prepare and certify the record
16 of proceedings in accordance with subdivision(c)of Section 1094.6
17 of the Code of Civil Procedure no later than 30 days after the
18 petition is served,provided that the cost of preparation of the record
19 shall be borne by the local agency, unless the petitioner elects to
20 prepare the record as provided in subdivision (n) of this section.
21 A petition to enforce the provisions of this section shall be filed
22 and served no later than 90 days from the later of(1)the effective
23 date of a decision of the local agency imposing conditions on,
24 disapproving, or any other final action on a housing development
25 project or (2) the expiration of the time periods specified in
26 subparagraph (B) of paragraph (5) of subdivision(h). Upon entry
27 of the trial court's order, a party may, in order to obtain appellate
28 review of the order, file a petition within 20 days after service
29 upon it of a written notice of the entry of the order, or within such
30 further time not exceeding an additional 20 days as the trial court
31 may for good cause allow, or may appeal the judgment or order
32 of the trial court under Section 904.1 of the Code of Civil
33 Procedure. If the local agency appeals the judgment of the trial
34 court, the local agency shall post a bond, in an amount to be
35 determined by the court,to the benefit of the plaintiff if the plaintiff
36 is the project applicant.
37 (n) In any action,the record of the proceedings before the local
38 agency shall be filed as expeditiously as possible and,
39 notwithstanding Section 1094.6 of the Code of Civil Procedure or
40 subdivision (m) of this section, all or part of the record may be
91
SB 330 —24—
1 prepared(1)by the petitioner with the petition or petitioner's points
2 and authorities,(2)by the respondent with respondent's points and
3 authorities, (3) after payment of costs by the petitioner, or (4) as
4 otherwise directed by the court. If the expense of preparing the
5 record has been borne by the petitioner and the petitioner is the
6 prevailing party, the expense shall be taxable as costs.
7 (o) (1) Subject to paragraphs (2), (6), and (7), and subdivision
8 (d) of Section 65941.1, a housing development project shall be
9 subject only to the preconstruction development ordinances,
10 policies, and standards adopted and in effect when a preliminary
11 application including all of the information required by subdivision
12 (a) of Section 65941.1 was submitted.
13 (2) Paragraph (1) shall not prohibit a housing development
14 project from being subject to preconstruction development
15 ordinances, policies, and standards adopted after the preliminary
16 application was submitted pursuant to Section 65941.1 in the
17 following circumstances:
18 (A) In the case of a fee, charge, or other monetary exaction, to
19 an increase resulting from an automatic annual adjustment based
20 on an independently published cost index that is referenced in the
21 ordinance or resolution establishing the :fee or other monetary
22 exaction.
23 (B) A preponderance of the evidence in the record establishes
24 that subjecting the housing development project to an ordinance,
25 policy, or standard beyond those in effect when a preliminary
26 application was submitted is necessary to mitigate or avoid a
27 specific,adverse impact upon the public health or safety,as defined
28 in subparagraph (A) of paragraph (1) of subdivision 0), and there
29 is no feasible alternative method to satisfactorily mitigate or avoid
30 the adverse impact.
31 (C) Subjecting the housing development project to an ordinance,
32 policy,standard,or any other measure,beyond those in effect when
33 a preliminary application was submitted is necessary to avoid or
34 substantially lessen an impact of the project under the California
35 Environmental Quality Act(Division 13 (commencing with Section
36 21000) of the Public Resources Code).
37 (D) The housing development project has not commenced
38 construction within thfee two and one-half years following the
39 date that the project received final approval. For purposes of this
40 subparagraph,"final approval"means that the housing development
91
—25— SB 330
1 project has received all necessary approvals to be eligible to apply
2 for, and obtain, a building permit or permits and either of the
3 following is met:
4 (i) The expiration of all applicable appeal periods, petition
5 periods, reconsideration periods, or statute of limitations for
6 challenging that final approval without an appeal,petition,request
7 for reconsideration, or legal challenge having been filed.
8 (ii) If a challenge is filed, that challenge is fully resolved or
9 settled in favor of the housing development project.
10 (E) The housing development project is revised following
11 submittal of a preliminary application pursuant to Section 65941.1
12 such that the number of residential units or square footage of
13 construction changes by 20 percent or more, exclusive of any
14 increase resulting from the receipt of a density bonus, incentive,
15 concession, waiver, or similar provision. For purposes of this
16 subdivision, "square footage of construction" means the building
17 area, as defined by the California Building Standards Code (Title
18 24 of the California Code of Regulations).
19 (3) This subdivision does not prevent a local agency from
20 subjecting the additional units or square footage of construction
21 that result from project revisions occurring after a preliminary
22 application is submitted pursuant to Section 65941.1 to the
23 ordinances, policies,and standards adopted and in effect when the
24 complete initial application was submitted.
25 (4) For purposes of this subdivision, "ordinances,policies, and
26 standards" includes general plan, community plan, specific plan,
27 zoning,design review standards and criteria, subdivision standards
28 and criteria, and any other rules, regulations, requirements, and
29 policies of a local agency, as defined in Section 66000, including
30 those relating to development impact fees, capacity or connection
31 fees or charges,permit or processing fees, and other exactions.
32 (5) This subdivision shall not be construed in a manner that
33 would lessen the restrictions imposed on a local agency, or lessen
34 the protections afforded to a housing development project,that are
35 established by any other law, including any other part of this
36 section.
37 (6) This subdivision shall not restrict the authority of a public
38 agency or local agency to require mitigation measures to lessen
39 the impacts of a housing development project under the California
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SB 330 —26—
1 Environmental Quality Act(Division 13 (commencing with Section
2 21000) of the Public Resources Code).
3 (7) This subdivision shall become inoperative on January 1,
4 2025.
5 (p) This section shall be known, and may be cited, as the
6 Housing Accountability Act,
7 SEC. 4. Section 65905.5 is added to the Government Code,to
8 read:
9 65905.5. (a) Notwithstanding any other law, if a proposed
10 housing development project complies with the applicable,
1 1 objective general plan and zoning standards in effect at the time
12 an application is deemed complete, a city, county, or city and
13 county shall not conduct more than five hearings pursuant to
14 Section 65905,or any other law,ordinance,or regulation requiring
15 a public hearing in connection with the approval of that housing
16 development project. If the city, county, or city and county
17 continues a hearing subject to this section to another date, the
18 continued hearing shall count as one of the five hearings allowed
19 under this section. The city, county, or city and county shall
20 consider and either approve or disapprove the application at any
21 of the five hearings allowed under this section consistent with the
22 applicable timelines under the Permit Streamlining Act (Chapter
23 4.5 (commencing with Section 65920)).
24 (b) For purposes of this section:
25 (1) "Deemed complete" means that the application has met all
26 of the requirements specified in the relevant list compiled pursuant
27 to Section 65940 that was available at the time when the application
28 was submitted.
29 (2) "Hearing"includes any public hearing,workshop,or similar
30 meeting conducted by the city or county with respect to the housing
31 development project, whether by the legislative body of the city
32 or county, the planning agency established pursuant to Section
33 65100, or any other agency, department, board, commission, or
34 any other designated hearing officer or body of the city or county,
35 or any committee or subcommittee thereof. "Hearing" does not
36 include a hearing to review a legislative approval required for a
37 proposed housing development project, including,but not limited
38 to, a general plan amendment, a specific plan adoption or
39 amendment, or a zoning amendment, or any hearing arising from
91
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1 a timely appeal of the approval or disapproval of a legislative
2 approval.
3 (3) "Housing development project" has the same meaning as
4 defined in paragraph (2) of subdivision (h) of Section 65589.5.
5 (c) (1) For purposes of this section, a housing development
6 project shall be deemed consistent, compliant, and in conformity
7 with an applicable plan, program, policy, ordinance, standard,
8 requirement, or other similar provision if there is substantial
9 evidence that would allow a reasonable person to conclude that
10 the housing development project is consistent, compliant, or in
11 conformity.
12 (2) A proposed housing development project is not inconsistent
13 with the applicable zoning standards and criteria, and shall not
14 require a rezoning,if the housing development project is consistent
15 with the objective general plan standards and criteria, but the
16 zoning for the project site is inconsistent with the general plan. If
17 the local agency complies with the written documentation
18 requirements of paragraph(2)of subdivision 0)of Section 65589.5,
19 the local agency may require the proposed housing development
20 project to comply with the objective standards and criteria of the
21 zoning that is consistent with the general plan; however, the
22 standards and criteria shall be applied to facilitate and
23 accommodate development at the density allowed on the site by
24 the general plan and proposed by the proposed housing
25 development project.
26 (d) Nothing in this section supersedes, limits, or otherwise
27 modifies the requirements of, or the standards of review pursuant
28 to, Division 13 (commencing with Section 21000) of the Public
29 Resources Code.
30 (e) This section shall remain in effect only until January 1,2025,
31 and as of that date is repealed.
32 SG. 5. Seetion 65913.3 is added to the Pe ent Gode—,to
33 read-:
34 65913.3. (a) As used in this seetiottt
35
36 "
37 eitr,
38 Development detemines,
39 .
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SB 330 —28—
1eity's average rate of rent,
2 differed firom 130 pereent of the national median rent in 2017,
3
4 5 year Estimates.
5 (ii) The pereentage by whieh the vaeaney fate for residential
6 fetital units differed from the national vaeaney rate, based o
7
8 (B) Notwithstanding subparagraph(A),"affeeted eity"does no
9 itteltde any eity that has a population of 5,000
11 "
12 eotinty that are wholly within the boundaries of an urbanized area
13 or urban eltster,as designated by the United States Census Bureau,
14 for whieh the Department of Housing and Community
15 , that the
16 average of both of the following amounts is greater than te
17 (A) The pereentage by whieh the average rate of rent For
18 fesidential uses in the ttmineoppofated portions of the eottnty
19 afe wholly within the boundaries of an ttfbanized area or urban
20 eltstef,as designated by the l4nited States Gensts Bureau, difFered
21 , based ott
22
23 Estimates.
24
25 fental units in the tmineofporated portions of the eottnty that afe
26 ,
27 as designated by the United States Census Bure8b, differed
28 the national vaeaney fate,
29 .
30 , for purposes of any aetion
31 that this seetion prohibits an affeeted eottnty or an affeeted-eity
32 " and «
33 ,
34 its loeal initiative or refefendttm power with respe
35 any aet that is subjeet to that power by other law, whether th
36 , or the
37
38 " has t4te same tneaning as
39 .
91
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1 , with respeet to !and,where
2 hottsing is an allowable se ott or after January 1,2018,
3 ,
4 v, inetease or enforee atty existing, requirement that a pfop
5 housing development itteittde pafking,
as applieab+e--
6
7 development is within one qttartef mile ofa rail stop that is a m
8 tratisit stop, as defined in subdivision (b) of Seetion 21155 of HIC7
9 Pttblie Resotffees Coude, there is ttnobstrttetecl aeeess to the
10 , an
11
12 eit-het: 4 the following:
13
14 of gfeater than 700,000.-
15100,000 or gfeatef and
16 is loeated in a eotmty with a popttlafion of 700,000 or less.
17
18
19
20 with the applieable toning standards and eriteria, and shall tiot,
21
22 with the objeetive getiefal plan standards and eriteria in effeet as
23 ofianttaty 1,2018,btt the zoning for the projeet site is ineotts
24
25
26 Seetion 65589.5,
27
28 standards and eriteria of the zoning that is eonsistenf with the
29 , the sta-ndafds and eriteria shall be app-14�
30 to faeilitate and aeeommodate development at the density allowed
31 on the site by the general platt and proposed by the prop
32 hottsing development prejeet-.
33
34
35 "Ild that projeet would have been eligible for a highef
36 '
FTaTT
37 land ttse designation and zoning orditianees as in effeet as of
38 , i.
39
91
SB 330 —30—
1 ,both o
2 the fiDilowing shall appir.
3
4
5 the demolition of residential dwelling tmits unless both of thle
6 following fequifements afe met:
7
8 ttttits ., will be demolished.
9
10
11
12
13
14 the demolition of oeettpied of vaeant proteeted tmits,ttniess
15 the following apply:
16 (A) (i) The projeet will replaee all existing of demolished
17 proteeted ttnits.
18
19 shall be eonsidered in determining whether the hott-.*..,,
20
21 of a loeally adopted feqttifement that requires,
22 the development ofresidetitial rental units,that the projeet pfovide
23 a eeftain pereentage of fesidential rental units affordable to, and
24 oeettpied br,households with ineomes tha�do not exeeed the limits
25 ,or extretm-e4y
26 ,
27 .
28 ,
29 within the five yeaf period preeeding the applieatiott,
30 form offent of priee eontrol through a loeal govemment's
31 exefeise of its poliee power-, and that is or was oeettpied by per
32 ,
33 may do either of the following:
34 (1) Reqttire that the replaeement units be macle available at
35 ,
36 low ineome persons or f�milies. If the feplaeetnent units wil
37 rental dwelling units,
38 afFordability restrietion fof at least 55 years.
39
40 `
91
1
—31— SB 330
1
2 ,
3 .
4 (B) The housing development projeet will itielttde at least, as
5
., .—deritial dwelling units as the greatest number off residentilall dwelling tmits that existed on the projeet site within-the
7 ,
8 , to lower-ineome of very
10 (G) Any existing residents will be allowed to oeeupy their tmits
11 tintil six months before the start
of
. ,.a.....do ,.a:_.itie it
12 ee,
13 .
a
14 (9) The developer agrees to pro lidle I.q-Rth Of the following-to
15 the oeettpants of any proteeted tmits.
16 , to the oeettpants of those aff-ordable
17 residential rental tmits,
18 .
19 (ii) A right of first fefttsal for a eomparable unit a-vaila-ble in-the
20 new hottsing development affordable to the household at an
21 affordable rent,as defined in Seetion 50053 of th1, Health and
22 , or an affijrdable hottsing eost,as defined in 50052.5.
23
24 ".he demolition of the residential dwelling units pttrsttant
25 to any loeal ordinanee or other law.
26 .
27 "
28 at least the same total tntmber of bedrooms as the units being
29
30 "
means any ofthe folio-
31 (1) Residential dwelling tmits that are or were sttbjeet to,--a
32 reeorded eovenant, ordinance, or law that triets rents t levels
33 affordable to persons and families of lower or very low ineome
34 .
35 (11) Residential dwelling tmits that are or were sttbjeet to any
36entity's
37 of its poliee power within the past five years.
38 (111) Residential dwelling tmits that are or vvete u%.,%,u_pied by
39 lower or very 4ow ineome hottseholds within the past five years.
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SB 330 —32—
1
2
3 .
4 " shall have the salll� lll�ullill as provide
5
6 65915.
7
8
9 demolition of residential dwelling ttttits of the stbdivision--af
10 fesidential rental ttnits,
11 .
12
13 shall determine those eiti e6ttntie3 in this ate that are
14
15depattmetit's detennination shall remain
16 .
17
18 , this seetion shall prevail over afty eoniqiefittg
19 - . . fthis title or other law regulating housing development
20 itnt this state to the exteflt that this s�%Itlull 111%il%I fially advanees the
21
22 (2) it is the intent ofthe Legislature that this seetion be eotistftte
23 so as to maximize the development of hottsitig within this s
24 Atty exeeption to the reqttiremetits of this seetion,
25 exeeption for the health and safety of oeettpants of a ho—il-9
26
27 (3) This seetion shall not be eonstfued as prohibiting planning
28 standafds that allow greater density in or fedttee the eosts to a
29 hottsing development projeet of mitigation measures that are
30 neeessaty to eomply with the Cali.f6rnia Environmental Quality
31
32
33
34
35 "
36 same meaning as pfovided in Seetion 5 4 177.
37 , or otherwise
38 , or the standards offeview pttrstia-nt
39 to,
40 n s Code.
91
—33— SB 330
1 , limits,
2 modifies the requirements of the Galif-ornia Goasta4 Aet of 1976
3
4
5 ,
6 .
7 SEC. 6.
8 SEC. 5. Section 65913.1.0 is added to the Government Code,
9 to read:
10 65913.10. (a) For purposes of any state or local law,ordinance,
11 or regulation that requires the city or county to determine whether
12 the site of a proposed housing development project is a historic
13 site, the city or county shall make that determination at the time
14 the application for the housing development project is deemed
15 complete. A determination as to whether a parcel of property is a
16 historic site shall remain valid during the pendency of the housing
17 development project for which the application was made unless
18 any archaeological, paleontological, or tribal cultural resources
19 are encountered during any grading, site disturbance, or building
20 alteration activities.
21 (b) For purposes of this section:
22 (1) "Deemed complete" means that the application has met all
23 of the requirements specified in the relevant list compiled pursuant
24 to Section 65940 that was available at the time when the application
25 was submitted.
26 (2) "Housing development project" has the same meaning as
27 defined in paragraph (2) of subdivision (h) of Section 65589.5.
28 (c) (1) Nothing in this section supersedes, limits, or otherwise
29 modifies the requirements of, or the standards of review pursuant
30 to, Division 13 (commencing with Section 21000) of the Public
31 Resources Code.
32 (2) Nothing in this section supersedes, limits, or otherwise
33 modifies the requirements of the California Coastal Act of 1976
34 (Division 20 (commencing with Section 30000) of the Public
35 Resources Code).
36 (d) This section shall remain in effect only until January 1,2025,
37 and as of that date is repealed.
38 S�. 7.
39 SEC. 6. Section 65941.1 is added to the Government Code, to
40 read:
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1 65941.1. (a) An applicant for a housing development project,
2 as defined in paragraph (2) of subdivision (h) of Section 65589.5,
3 shall be deemed to have submitted a preliminary application upon
4 providing all of the following information about the proposed
5 project to the city, county,or city and county from which approval
6 for the project is being sought and upon payment of the permit
7 processing fee:
8 (1) The specific location, including parcel numbers, a legal
9 description, and site address, if applicable.
10 (2) The existing uses on the project site and identification of
11 major physical alterations to the property on which the project is
12 to be located.
13 (3) A site plan showing the location on the property, elevations
14 showing design, color, and material, and the massing,height, and
15 approximate square footage,of each building that is to be occupied.
16 (4) The proposed land uses by number of units and square feet
17 of residential and nonresidential development using the categories
18 in the applicable zoning ordinance.
19 (5) The proposed number of parking spaces.
20 (6) Any proposed point sources of air or water pollutants.
21 (7) Any species of special concern known to occur on the
22 property.
23 (8) Any portion of the property located within any of the
24 following:
25 (A) A very high fire hazard severity zone, as determined by the
26 Department of Forestry and Fire Protection pursuant to Section
27 51178.
28 (B) Wetlands, as defined in the United States Fish and Wildlife
29 Service Manual, Part 660 FW 2 (June 21, 1993).
30 (C) A hazardous waste site that is listed pursuant to Section
31 65962.5 or a hazardous waste site designated by the Department
32 of Toxic Substances Control pursuant to Section 25356 of the
33 Health and Safety Code.
34 (D) A special flood hazard area subject to inundation by the 1
35 percent annual chance flood (100-year flood) as determined by
36 the Federal Emergency Management Agency in any official maps
37 published by the Federal Emergency Management Agency.
38 (E) A delineated earthquake fault zone as determined by the
39 State Geologist in any official maps published by the State
40 Geologist,unless the development complies with applicable seismic
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1 protection building code standards adopted by the California
2 Building Standards Commission under the California Building
3 Standards Law (Part 2.5 (commencing with Section 18901) of
4 Division 13 of the Health and Safety Code), and by any local
5 building department under Chapter 12.2(commencing with Section
6 8875) of Division 1 of Title 2.
7 (9) Any historic or cultural resources known to exist on the
8 property.
9 (10) The number of proposed below market rate units and their
10 affordability levels.
11 (11) The number of bonus units and any incentives,concessions,
12 waivers,or parking reductions requested pursuant to Section 65915.
13 (12) Whether any approvals under the Subdivision Map Act,
14 including, but not limited to, a parcel map, a tentative map, or a
15 condominium map, are being requested.
16 (13) The applicant's contact information and, if the applicant
17 does not own the property, consent from the property owner to
18 submit the application.
19 (b) (1) Each local agency shall compile a checklist and
20 application form that applicants for housing development projects
21 may use for the purpose of satisfying the requirements for submittal
22 of a preliminary application.
23 (2) The Department of Housing and Community Development
24 shall adopt a standardized form that applicants for housing
25 development projects may use for the purpose of satisfying the
26 requirements for submittal of a preliminary application if a local
27 agency has not developed its own application form pursuant to
28 paragraph (1). Adoption of the standardized form shall not be
29 subject to Chapter 3.5 (commencing with Section 11340) of Part
30 1 of Division 3 of Title 2 of the Government Code.
31 (3) A checklist or form shall not require or request any
32 information beyond that expressly identified in subdivision (a).
33 (c) After submittal of all of the information required by
34 subdivision (a), if the development proponent revises the project
35 such that the number of residential units or square footage of
36 construction changes by 20 percent or more, exclusive of any
37 increase resulting from the receipt of a density bonus, incentive,
38 concession,waiver, or similar provision,the housing development
39 project shall not be deemed to have submitted a preliminary
40 application that satisfies this section until the development
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1 proponent resubmits the information required by subdivision (a)
2 so that it reflects the revisions. For purposes of this subdivision,
3 "square footage of construction" means the building area, as
4 defined by the California Building Standards Code(Title 24 of the
5 California Code of Regulations).
6 (d) (1) Within 180 calendar days after submitting apreliminary
7 application to a city, county, or city and county, the development
8 proponent shall submit an application for a development project
9 that includes all of the information required to process the
10 development application consistent with Sections 65940, 65941,
11 and 65941.5.
12 (2) If the public agency determines that the application for the
13 development project is not complete pursuant to Section 65943,
14 the development proponent shall submit the specific information
15 needed to complete the application within 90 days of receiving the
16 agency's written identification of the necessary information.If the
17 development proponent does not submit this information within
18 the 90-day period, then the preliminary application shall expire
19 and have no further force or effect.
20 (3) This section shall not require an affirmative determination
21 by a city, county, or city and county regarding the completeness
22 of a preliminary application or a development application for
23 purposes of compliance with this section.
24 (e) This section shall remain in effect only until January 1,2025,
25 and as of that date is repealed.
26 SEG. 8.
27 SEC. 7. Section 65943 of the Government Code is amended
28 to read:
29 65943. (a) Not later than 30 calendar days after any public
30 agency has received an application for a development project, the
31 agency shall determine in writing whether the application is
32 complete and shall immediately transmit the determination to the
33 applicant for the development project. If the application is
34 determined to be incomplete, the lead agency shall provide the
35 applicant with an exhaustive list of items that were not complete.
36 That list shall be limited to those items actually required on the
37 lead agency's submittal requirement checklist. In any subsequent
38 review of the application determined to be incomplete, the local
39 agency shall not request the applicant to provide any new
40 information that was not stated in the initial list of items that were
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1 not complete. If the written determination is not made within 30
2 days after receipt of the application, and the application includes
3 a statement that it is an application for a development permit, the
4 application shall be deemed complete for purposes of this chapter.
5 Upon receipt of any resubmittal of the application, a new 30-day
6 period shall begin,during which the public agency shall determine
7 the completeness of the application.If the application is determined
8 not to be complete,the agency's determination shall specify those
9 parts of the application which are incomplete and shall indicate
10 the manner in which they can be made complete, including a list
1 1 and thorough description of the specific information needed to
12 complete the application. The applicant shall submit materials to
13 the public agency in response to the list and description.
14 (b) Not later than 30 calendar days after receipt of the submitted
15 materials described in subdivision (a), the public agency shall
16 determine in writing whether the application as supplemented or
17 amended by the submitted materials is complete and shall
18 immediately transmit that determination to the applicant.In making
19 this determination, the public agency is limited to determining
20 whether the application as supplemented or amended includes the
21 information required by the list and a thorough description of the
22 specific information needed to complete the application required
23 by subdivision(a). If the written determination is not made within
24 that 30-day period, the application together with the submitted
25 materials shall be deemed complete for purposes of this chapter.
26 (c) If the application together with the submitted materials are
27 determined not to be complete pursuant to subdivision (b), the
28 public agency shall provide a process for the applicant to appeal
29 that decision in writing to the governing body of the agency or, if
30 there is no governing body, to the director of the agency, as
31 provided by that agency. A city or county shall provide that the
32 right of appeal is to the governing body or, at their option, the
33 planning commission, or both.
34 There shall be a final written determination by the agency on
35 the appeal not later than 60 calendar days after receipt of the
36 applicant's written appeal. The fact that an appeal is permitted to
37 both the planning commission and to the governing body does not
38 extend the 60-day period. Notwithstanding a decision pursuant to
39 subdivision (b) that the application and submitted materials are
40 not complete, if the final written determination on the appeal is
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1 not made within that 60-day period, the application with the
2 submitted materials shall be deemed complete for the purposes of
3 this chapter.
4 (d) Nothing in this section precludes an applicant and a public
5 agency from mutually agreeing to an extension of any time limit
6 provided by this section.
7 (e) A public agency may charge applicants a fee not to exceed
8 the amount reasonably necessary to provide the service required
9 by this section. If a fee is charged pursuant to this section, the fee
10 shall be collected as part of the application fee charged for the
l 1 development permit.
12 (f) Each city and each county shall make copies of any list
13 compiled pursuant to Section 65940 with respect to information
14 required from an applicant for a housing development project, as
15 that term is defined in paragraph (2) of subdivision(h) of Section
16 65589.5, available both (1) in writing to those persons to whom
17 the agency is required to make information available under
18 subdivision (a) of that section, and (2) publicly available on the
19 internet website of the city or county.
20 (g) This section shall remain in effect only until January 1,2025,
21 and as of that date is repealed.
22 SEC. 9
23 SEC. 8. Section 65943 is added to the Government Code, to
24 read:
25 65943. (a) Not later than 30 calendar days after any public
26 agency has received an application for a development project, the
27 agency shall determine in writing whether the application is
28 complete and shall immediately transmit the determination to the
29 applicant for the development project. If the written determination
30 is not made within 30 days after receipt of the application, and the
31 application includes a statement that it is an application for a
32 development permit,the application shall be deemed complete for
33 purposes of this chapter. Upon receipt of any resubmittal of the
34 application, a new 30-day period shall begin, during which the
35 public agency shall determine the completeness of the application.
36 If the application is determined not to be complete, the agency's
37 determination shall specify those parts of the application which
38 are incomplete and shall indicate the manner in which they can be
39 made complete, including a list and thorough description of the
40 specific information needed to complete the application. The
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1 applicant shall submit materials to the public agency in response
2 to the list and description.
3 (b) Not later than 30 calendar days after receipt of the submitted
4 materials, the public agency shall determine in writing whether
5 they are complete and shall immediately transmit that determination
6 to the applicant. If the written determination is not made within
7 that 30-day period, the application together with the submitted
8 materials shall be deemed complete for purposes of this chapter.
9 (c) If the application together with the submitted materials are
10 determined not to be complete pursuant to subdivision (b), the
11 public agency shall provide a process for the applicant to appeal
12 that decision in writing to the governing body of the agency or, if
13 there is no governing body, to the director of the agency, as
14 provided by that agency. A city or county shall provide that the
15 right of appeal is to the governing body or, at their option, the
16 planning commission, or both.
17 There shall be a final written determination by the agency on
18 the appeal not later than 60 calendar days after receipt of the
19 applicant's written appeal. The fact that an appeal is permitted to
20 both the planning commission and to the governing body does not
21 extend the 60-day period. Notwithstanding a decision pursuant to
22 subdivision (b) that the application and submitted materials are
23 not complete, if the final written determination on the appeal is
24 not made within that 60-day period, the application with the
25 submitted materials shall be deemed complete for the purposes of
26 this chapter.
27 (d) Nothing in this section precludes an applicant and a public
28 agency from mutually agreeing to an extension of any time limit
29 provided by this section.
30 (e) A public agency may charge applicants a fee not to exceed
31 the amount reasonably necessary to provide the service required
32 by this section. If a fee is charged pursuant to this section, the fee
33 shall be collected as part of the application fee charged for the
34 development permit.
35 (0 This section shall become operative on January 1, 2025.
36 SEG.
37 SEC. 9. Section 65950 of the Government Code is amended
38 to read:
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1 65950. (a) A public agency that is the lead agency for a
2 development project shall approve or disapprove the project within
3 whichever of the following periods is applicable:
4 (1) One hundred eighty days from the date of certification by
5 the lead agency of the environmental impact report, if an
6 environmental impact report is prepared pursuant to Section 21100
7 or 21151 of the Public Resources Code for the development project.
8 (2) Ninety days from the date of certification by the lead agency
9 of the environmental impact report, if an environmental impact
10 report is prepared pursuant to Section 21100 or 21151 of the Public
11 Resources Code for a development project defined in subdivision
12 (c).
13 (3) Sixty days from the date of certification by the lead agency
14 of the environmental impact report, if an environmental impact
15 report is prepared pursuant to Section 21100 or 21151 of the Public
16 Resources Code for a development project defined in subdivision
17 (c) and all of the following conditions are met:
18 (A) At least 49 percent of the units in the development project
19 are affordable to very low or low-income households, as defined
20 by Sections 50105 and 50079.5 of the Health and Safety Code,
21 respectively. Rents for the lower income units shall be set at an
22 affordable rent, as that term is defined in Section 50053 of the
23 Health and Safety Code, for at least 30 years. Owner-occupied
24 units shall be available at an affordable housing cost, as that term
25 is defined in Section 50052.5 of the Health and Safety Code.
26 (B) Prior to the application being deemed complete for the
27 development project pursuant to Article 3 (commencing with
28 Section 65940), the lead agency received written notice from the
29 project applicant that an application has been made or will be made
30 for an allocation or commitment of financing, tax credits, bond
31 authority, or other financial assistance from a public agency or
32 federal agency, and the notice specifies the financial assistance
33 that has been applied for or will be applied for and the deadline
34 for application for that assistance, the requirement that one of the
35 approvals of the development project by the lead agency is a
36 prerequisite to the application for or approval of the application
37 for financial assistance, and that the financial assistance is
38 necessary for the project to be affordable as required pursuant to
39 subparagraph (A).
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1 (C) There is confirmation that the application has been made
2 to the public agency or federal agency prior to certification of the
3 environmental impact report.
4 (4) Sixty days from the date of adoption by the lead agency of
5 the negative declaration, if a negative declaration is completed and
6 adopted for the development project.
7 (5) Sixty days from the determination by the lead agency that
8 the project is exempt from the California Environmental Quality
9 Act(Division 13 (commencing with Section 21000) of the Public
10 Resources Code), if the project is exempt from that act.
11 (b) This section does not preclude a project applicant and a
12 public agency from mutually agreeing in writing to an extension
13 of any time limit provided by this section pursuant to Section
14 65957.
15 (c) For purposes of paragraphs (2) and (3) of subdivision (a)
16 and Section 65952, "development project" means a housing
17 development project, as that term is defined in paragraph (2) of
18 subdivision (h) of Section 65589.5.
19 (d) For purposes of this section, "lead agency" and "negative
20 declaration" have the same meaning as defined in Sections 21067
21 and 21064 of the Public Resources Code, respectively.
22 (e) This section shall remain in effect only until January 1,2025,
23 and as of that date is repealed.
24 SEG. iT
25 SEC. 10. Section 65950 is added to the Government Code, to
26 read:
27 65950. (a) A public agency that is the lead agency for a
28 development project shall approve or disapprove the project within
29 whichever of the following periods is applicable:
30 (1) One hundred eighty days from the date of certification by
31 the lead agency of the environmental impact report, if an
32 environmental impact report is prepared pursuant to Section 21100
33 or 21 t 51 of the Public Resources Code for the development project.
34 (2) One hundred twenty days from the date of certification by
35 the lead agency of the environmental impact report, if an
36 environmental impact report is prepared pursuant to Section 21100
37 or 21151 of the Public Resources Code for a development project
38 defined in subdivision (c).
39 (3) Ninety days from the date of certification by the lead agency
40 of the environmental impact report, if an environmental impact
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1 report is prepared pursuant to Section 21100 or 21151 of the Public
2 Resources Code for a development project defined in subdivision
3 (c) and all of the following conditions are met:
4 (A) At least 49 percent of the units in the development project
5 are affordable to very low or low-income households, as defined
6 by Sections 50105 and 50079.5 of the Health and Safety Code,
7 respectively. Rents for the lower income units shall be set at an
8 affordable rent, as that term is defined in Section 50053 of the
9 Health and Safety Code, for at least 30 years. Owner-occupied
10 units shall be available at an affordable housing cost, as that term
11 is defined in Section 50052.5 of the Health and Safety Code.
12 (B) Prior to the application being deemed complete for the
13 development project pursuant to Article 3 (commencing with
14 Section 65940), the lead agency received written notice from the
15 project applicant that an application has been made or will be made
16 for an allocation or commitment of financing, tax credits, bond
17 authority, or other financial assistance from a public agency or
18 federal agency, and the notice specifies the financial assistance
19 that has been applied for or will be applied for and the deadline
20 for application for that assistance, the requirement that one of the
21 approvals of the development project by the lead agency is a
22 prerequisite to the application for or approval of the application
23 for financial assistance, and that the financial assistance is
24 necessary for the project to be affordable as required pursuant to
25 subparagraph (A).
26 (C) There is confirmation that the application has been made
27 to the public agency or federal agency prior to certification of the
28 environmental impact report.
29 (4) Sixty days from the date of adoption by the lead agency of
30 the negative declaration,if a negative declaration is completed and
31 adopted for the development project.
32 (5) Sixty days from the determination by the lead agency that
33 the project is exempt from the California Environmental Quality
34 Act(Division 13 (commencing with Section 21000) of the Public
35 Resources Code), if the project is exempt from that act.
36 (b) This section does not preclude a project applicant and a
37 public agency from mutually agreeing in writing to an extension
38 of any time limit provided by this section pursuant to Section
39 65957.
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1 (c) For purposes of paragraphs (2) and (3) of subdivision (a)
2 and Section 65952,"development project"means a use consisting
3 of either of the following:
4 (1) Residential units only.
5 (2) Mixed-use developments consisting of residential and
6 nonresidential uses in which the nonresidential uses are less than
7 50 percent of the total square footage of the development and are
8 limited to neighborhood commercial uses and to the first floor of
9 buildings that are two or more stories. As used in this paragraph,
10 "neighborhood commercial"means small-scale general or specialty
11 stores that furnish goods and services primarily to residents of the
12 neighborhood.
13 (d) For purposes of this section, "lead agency" and "negative
14 declaration"have the same meaning as defined in Sections 21067
15 and 21064 of the Public Resources Code, respectively.
16 (e) This section shall become operative on January 1, 2025.
17 SEG.. i-2
18 SEC. 11. Section 65950.2 is added to the Government Code,
19 to read:
20 65950.2. (a) Notwithstanding any other law, the deadlines
21 specified in this article are mandatory.
22 (b) This section shall remain in effect only until January 1,2025,
23 and as of that date is repealed.
24 SEG. 1-3
25 SEC. 12. Chapter 12 (commencing with Section 66300) is
26 added to Division 1 of Title 7 of the Government Code, to read:
27
28 CHAPTER 12. HOUSING CRISIS ACT OF 2019
29
30 66300. (a) As used in this section:
31 (1) (A) Except as otherwise provided in subparagraph (B),
32 "affected city" means a city, including a charter city, for which
33 the Department of Housing and Community Development
34 determines, pursuant to subdivision} (e), that the average of
35 both of the following amounts is greater than zero:
36 (i) The percentage by which the city's average rate of rent
37 differed from 130 percent of the national median rent in 2017,
38 based on the federal 2013-2017 American Community Survey
39 5-year Estimates.
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1 (ii) The percentage by which the vacancy rate for residential
2 rental units differed from the national vacancy rate, based on the
3 federal 2013-2017 American Community Survey 5-year Estimates.
4 (B) Notwithstanding subparagraph(A),"affected city"does not
5 include any city that has a population of 5,000 or less and is not
6 located within an urban core.
7 (2) "Affected county" means the unincorporated portions of a
8 county that are wholly within the boundaries of an urbanized area
9 or urban cluster,as designated by the United States Census Bureau,
10 for which the Department of Housing and Community
11 Development determines,pursuant to subdivision-(1), (g), that the
12 average of both of the following amounts is greater than zero:
13 (A) The percentage by which the average rate of rent for
14 residential uses in the unincorporated portions of the county that
15 are wholly within the boundaries of an urbanized area or urban
16 cluster,as designated by the United States Census Bureau, differed
17 from 130 percent of the national median rent in 2017, based on
18 the federal 2013-2017 American Community Survey 5-year
19 Estimates.
20 (B) The percentage by which the vacancy rate for residential
21 rental units in the unincorporated portions of the county that are
22 wholly within the boundaries of an urbanized area or urban cluster,
23 as designated by the United States Census Bureau, differed from
24 the national vacancy rate, based on the federal 2013-2017
25 American Community Survey 5-year Estimates.
26 (3) Notwithstanding any other law, "affected county" and
27 "affected city"includes the electorate of an affected county or city
28 exercising its local initiative or referendum power, whether that
29 power is derived from the California Constitution, statute, or the
30 charter or ordinances of the affected county or city.
31 (4) "Department" means the Department of Housing and
32 Community Development.
33 (5) "Development policy, standard, or condition"means any of
34 the following:
35 (A) A provision of, or amendment to, a general plan.
36 (B) A provision of, or amendment to, a specific plan.
37 (C) A provision of, or amendment to, a zoning ordinance.
38 (D) A subdivision standard or criterion.
39 (6) "Housing development project" has the same meaning as
40 defined in paragraph (2) of subdivision (h) of Section 65589.5.
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1 (7) "Objective design standard" means a design standard that
2 involve no personal or subjective judgment by a public official
3 and is uniformly verifiable by reference to an external and uniform
4 benchmark or criterion available and knowable by both the
5 development applicant or proponent and the public official before
6 submittal of an application.
7 (b) (1) Notwithstanding any other law except as provided in
8 subdivision(1),with respect to land where housing is an allowable
9 , use, an affected county or an
10 affected city shall not enact a development policy, standard, or
11 condition that would have any of the following effects:
12 (A) Changing the general plan land use designation, specific
13 plan land use designation, or zoning of a parcel or parcels of
14 property to a less intensive use or reducing the intensity of land
15 use within an existing general plan land use designation, specific
16 plan land use designation, or zoning district below what was
17 allowed under the land use designation and zoning ordinances of
18 the affected county or affected city, as applicable, as in effect on
19 January 1, 2018, except as otherwise provided in clause (ii) of
20 subparagraph (B). For purposes of this subparagraph, "less
21 intensive use" includes,but is not limited to, reductions to height,
22 density, or floor area ratio,new or increased open space or lot size
23 requirements,or new or increased setback requirements,minimum
24 frontage requirements, or maximum lot coverage limitations, or
25 anything that would lessen the intensity of housing, as defined in
26 paragraph (1) of subdivision-(f) (g).
27 (B) (i) Imposing a moratorium or similar restriction or limitation
28 on housing development,including mixed-use development,within
29 all or a portion of the jurisdiction of the affected county or city,
30 other than to specifically protect against an imminent threat to the
31 health and safety of persons residing in, or within the immediate
32 vicinity of, the area subject to the moratorium or for projects
33 specifically identified as existing restricted affordable housing.
34 (ii) The affected county or affected city, as applicable, shall not
35 enforce a zoning ordinance imposing a moratorium or other similar
36 restriction on or limitation of housing development until it has
37 submitted the ordinance to, and received approval from, the
38 department. The department shall approve a zoning ordinance
39 submitted to it pursuant to this subparagraph only if it determines
40 that the zoning ordinance satisfies the requirements of this
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1 subparagraph. If the department denies approval of a zoning
2 ordinance imposing a moratorium or similar restriction or limitation
3 on housing development as inconsistent with this subparagraph,
4 that ordinance shall be deemed void.
5 (C) Imposing or enforcing design standards established on or
6 after January 1, 2018, that are not objective design standards.
7 (D) Except as provided in subparagraph (E), establishing or
8 implementing any provision that:
9 (i) Limits the number of land use approvals or permits necessary
10 for the approval and construction of housing that will be issued or
11 allocated within all or a portion of the affected county or affected
12 city, as applicable.
13 (ii) Acts as a cap on the number of housing units that can be
14 approved or constructed either annually or for some other time
15 period.
16 (iii) Limits the population of the affected county or affected
17 city, as applicable.
18 (E) Notwithstanding subparagraph (D), an affected city or
19 county may enforce a limit on the number of approvals or permits
20 or a cap on the number of housing units that can be approved or
21 constructed if the provision of law imposing the limit was approved
22 by voters prior to January 1, 2005, and the affected city or county
23 is located in a predominantly agricultural county. For the purposes
24 of this subparagraph, "predominantly agricultural county" means
25 a county that meets both of the following, as determined by the
26 most recent California Farmland Conversion Report produced by
27 the Department of Conservation:
28 (i) Has more than 550,000 acres of agricultural land.
29 (ii) At least one-half of the county area is agricultural land.
30 (2) Any development policy, standard, or condition enacted on
31 or after , the effective date of this section that does
32 not comply with this section shall be deemed void.
33 (c) Notwithstanding subdivisions (b) and (e�, (i, an affected
34 county or affected city may enact a development policy, standard,
35 or condition to prohibit the commercial use of land that is
36 designated for residential use, including, but not limited to,
37 short-term occupancy of a residence, consistent with the authority
38 conferred on the county or city by other law.
39 (d) Notwithstanding any other provision of this section, both of
40 the following shall apply:
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1 (1) An affected city or an affected county shall not approve a
2 housing development project that will require the demolition of
3 residential dwelling units unless both of the following requirements
4 are met:
5 (A) The project will create at least as many residential dwelling
6 units as will be demolished.
7 (B) The affected city or affected county is not prohibited from
8 approving the demolition of the residential dwelling units pursuant
9 to any local ordinance or other law.
10 (2) An affected city or an affected county shall not approve a
1 1 housing development project that will require the demolition of
12 occupied or vacant protected units, unless all of the following
13 apply:
14 (A) (i) The project will replace all existing or demolished
15 protected units.
16 (ii) Any protected units replaced pursuant to this subparagraph
17 shall be considered in determining whether the housing
18 development project satisfies the requirements of Section 65915
19 or a locally adopted requirement that requires, as a condition of
20 the development of residential rental units, that the projectprovides
21 a certain percentage of residential rental units affordable to, and
22 occupied by, households with incomes that do not exceed the limits
23 for moderate-income, lower income, very low income, or extremely
24 low income households, as specified in Sections 50079.5, 50093,
25 50105, and 50106 oj'the Health and Safety Code.
26 (iii) Notwithstanding clause (i), a protected unit that is or was,
27 within the five-year period preceding the application, subject to
28 a,form of rent or price control through a local government's valid
29 exercise of its police power, and that is or was occupied by persons
30 orfamilies above lower income, the affected city or affected county
31 may do either of the following:
32 (I) Require that the replacement units be made available at
33 affordable rent or affordable housing cost to, and occupied by,
34 low-income persons or families. If the replacement units will be
35 rental dwelling units, these units shall be subject to a recorded
36 affordability restriction for at least 55 years.
37 (II) Require that the units be replaced in compliance with the
38 jurisdiction's rent or price control ordinance, provided that each
39 unit is replaced. Unless otherwise required by the affected city or
91
SB 330 —48—
1 affected county`s rent or price control ordinance, these units shall
2 not be subject to a recorded affordability restriction.
3 (B) The housing development project will include at least as
4 many residential dwelling units as the greatest number of`
5 residential dwelling units that existed on the project site within
6 the last five years, unless the project will be 100 percent affordable,
7 exclusive of a manager's unit or units, to lower income or very
8 low income households.
9 (C) Any existing residents will be allowed to occupy their units
10 until six months before the start of construction activities with
11 proper notice, subject to Chapter 16 (commencing with Section
12 7260) of Division 7 of Title 1.
13 (D) The developer agrees to provide both of the following to
14 the occupants of any protected units:
15 (i) Relocation benefits to the occupants of those affordable
16 residential rental units, subject to Chapter 16 (commencing with
17 Section 7260) ofDivision 7 of Title 1.
18 (ii) A right of first refusal for a comparable unit available in
19 the new housing development affordable to the household at an
20 affordable rent, as defined in Section 50053 of the Health and
21 Safety Code, or an affordable housing cost, as defined in 50052.5.
22 (E) The affected city or affected county is not prohibited from
23 approving the demolition of the residential dwelling units pursuant
24 to any local ordinance or other law.
25 (F) For purposes of this paragraph:
26 (i) "Equivalent size"means that the replacement units contain
27 at least the same total number of bedrooms as the units being
28 replaced.
29 (ii) "Protected units" means any of the following:
30 (1) Residential dwelling units that are or were subject to a
31 recorded covenant, ordinance, or law that restricts rents to levels
32 affordable to persons and families of lower or very low income
33 within the pastfive years.
34 (11) Residential dwelling units that are or were subject to any
35 form of rent or price control through a public entity's valid exercise
36 of its police power within the past five years.
37 (111) Residential dwelling units that are or were occupied by
38 lower or very low income households within the pastfive years.
91
—49— SB 330
1 (IV) Residential dwelling units that were withdrawn from rent
2 or lease in accordance with Chapter 12.75 (commencing with
3 Section 7060) of Division 7 of Title I within the past 10 years.
4 (iii) "Replace" shall have the same meaning as provided in
5 subparagraph (B) of paragraph (3) of subdivision (c) of Section
6 65915.
7 (3) This subdivision shall not supersede any provision of a
8 locally adopted ordinance that places greater restrictions on the
9 demolition of residential dwelling units or the subdivision of
10 residential rental units, or that requires greater relocation
11 assistance to displaced households.
12 (4)
13 (e) The Department of Housing and Community Development
14 shall determine those cities and counties in this state that are
15 affected cities and affected counties,in accordance with subdivision
16 (a)by June 30,2020.The department's determination shall remain
17 valid until January 1, 2025.
18 (e)
19 (fi (1) Except as provided in paragraphs (3) and (4) and
20 subdivisions-(g) (h) and (i), this section shall prevail over any
21 conflicting provision of this title or other law regulating housing
22 development in this state to the extent that this section more fully
23 advances the intent specified in paragraph (2).
24 (2) It is the intent of the Legislature that this section be broadly
25 construed so as to maximize the development of housing within
26 this state. Any exception to the requirements of this section,
27 including an exception for the health and safety of occupants of a
28 housing development project, shall be construed narrowly.
29 (3) This section shall not be construed as prohibiting the
30 adoption or amendment of a development policy, standard, or
31 condition in a manner that:
32 (A) Allows greater density.
33 (B) Facilitates the development of housing.
34 (C) Reduces the costs to a housing development project.
35 (D) Imposes or implements mitigation measures as necessary
36 to comply with the California Environmental Quality Act(Division
37 13 (commencing with Section 21000) of the Public Resources
38 Code).
39 (4) This section shall not apply to a housing development project
40 located within a very high fire hazard severity zone. For purposes
91
SB 330 —50—
1 of this paragraph, "very high fire hazard severity zone" has the
2 same meaning as provided in Section 51177.
3 , or 9323 of the
4 ,exeept the California
5 , ally 1,4uil%�Ffttftt
6 that loeal voter approval,
7 , be obtaitte4-te
8 inerease the allowable intertsity of hottsing, to establish Ito—i-19
9 as att allowable use, or to provide serviees and ittirastrttetufe
10
11 poliey and void. For pwToses of this subdivisiort, "itttertsity off
12 " '
s broadly defined to inelude,bttt is not limited to,heig�&,
13 densitr, or floor area rattio, or opert spaee or lot size requtremertfs-,
14 ,
15 inuxinittin lot eoverage limitatiorts, or an�lhing that would be-a
16 less intensive ttse or reduetion in the intensity of land use as defirfed
17 in this s ub divi,.iort
18 (-2)
19 (g) This section shall not be construed to void a height limit,
20 urban growth boundary,or urban limit established by the electorate
21 of an affected county or an affected ,
22 2018. city,provided that the height limit, urban growth boundary,
23 or urban limit complies with subparagraph (A) of paragraph (1)
24 of subdivision (b).
25 (g)
26 (h) (1) Nothing in this section supersedes, limits, or otherwise
27 modifies the requirements of, or the standards of review pursuant
28 to, Division 13 (commencing with Section 21000) of the Public
29 Resources Code.
30 (2) Nothing in this section supersedes, limits, or otherwise
31 modifies the requirements of the California Coastal Act of 1976
32 (Division 20 (commencing with Section 30000) of the Public
33 Resources Code).
34 (it)
35 (1) This section does not prohibit an affected county or an
36 affected city from changing a land use designation or zoning
37 ordinance to a less intensive use if the city or county concurrently
38 changes the development standards, policies, and conditions
39 applicable to other parcels within the jurisdiction to ensure that
40 there is no net loss in residential capacity.
91
—51 — SB 330
1 f
2 (j) Notwithstanding subdivisions (b) and-fed 69, this section
3 does not prohibit an affected city or an affected county from
4 enacting a development policy, standard, or condition that is
5 intended to preserve or facilitate the production of housing for
6 lower income households, as defined in Section 50079.5 of the
7 Health and Safety Code, or housing types that traditionally serve
8 lower income households, including mobilehome parks,
9 single-room occupancy units, or units subject to any form of rent
10 or price control through a public entity's valid exercise of its police
11 power.
12 66301. This chapter shall remain in effect only until January
13 1, 2025, and as of that date is repealed.
14 SEC. 14'
15 SEC. 13. The Legislature finds and declares that the provision
16 of adequate housing, in light of the severe shortage of housing at
17 all income levels in this state, is a matter of statewide concern and
18 is not a municipal affair as that term is used in Section 5 of Article
19 XI of the California Constitution.Therefore,the provisions of this
20 act apply to all cities, including charter cities.
21 SEG. i 5.
22 SEC. 14. No reimbursement is required by this act pursuant to
23 Section 6 ofArticle XIIIB of the California Constitution for certain
24 costs that may be incurred by a local agency or school district
25 because, in that regard, this act creates a new crime or infraction,
26 eliminates a crime or infraction,or changes the penalty for a crime
27 or infraction, within the meaning of Section 17556 of the
28 Government Code, or changes the definition of a crime within the
29 meaning of Section 6 of Article XIII B of the California
30 Constitution.
31 However, if the Commission on State Mandates determines that
32 this act contains other costs mandated by the state,reimbursement
33 to local agencies and school districts for those costs shall be made
34 pursuant to Part 7 (commencing with Section 17500) of Division
35 4 of Title 2 of the Government Code.
36 SEC16.
37 SEC. 15. The provisions of this act are severable. If any
38 provision of this act or its application is held invalid,that invalidity
91
SB 330 —52—
1 shall not affect other provisions or applications that can be given
2 effect without the invalid provision or application.
O
91
RESOLUTION NO. 2019-51
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH SUPPORTING MAINTAINING
LOCAL CONTROL OF ENERGY SOLUTIONS
WHEREAS,the State of California's energy policies are critical to reducing greenhouse
gas emissions and reducing the impact of climate change on our citizens; and
The State legislature and State agencies are increasingly proposing new legislation and
regulations eliminating choice of energy by mandating technologies to power buildings and
public and private fleets, including transit and long-haul trucking, as a strategy to achieve the
state's climate goals; and
Providing clean, affordable and reliable energy is crucial to the material health, safety
and well-being of Huntington Beach residents, particularly the most vulnerable, who live on
fixed incomes, including the elderly and working families who are struggling financially; and
The need for clean, affordable, and reliable energy to attract and retain local businesses,
create jobs and spur economic development is vital to the City's success in a highly competitive
and increasingly regional and global marketplace; and
The City of Huntington Beach, its residents, and its businesses values local control and
the right to choose the policies and investments that most affordably and efficiently enable them
to comply with State requirements; and
Building and vehicle technology mandates eliminate local control and customer choice,
suppress innovation, reduce reliability and unnecessarily increase costs for Huntington Beach
residents and businesses; and
The City of Huntington Beach understands that relying on a single energy delivery
system unnecessarily increases vulnerabilities to natural and man-made disasters,and that a
diversity of energy delivery systems and resources contribute to greater reliability and
community resilience; and
The City of Huntington Beach understands the need to mitigate the impacts of climate
change and is committed to doing its part to help the state achieve its climate goals but requires
the flexibility to do so in a manner that best serves the needs of its residents and businesses.
NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby
resolve as follows: /VP&VL� 7_U
C'vl 77AM V-) Z 7HE kD(T
l/Z� A466MI V6,
19-7765/208197 1
Resolution No. 2019-51
1. The City supports balanced energy solutions that provide it with the decision malting
authority and resources needed to achieve the State's climate goals and opposes proposed State
legislation and policies that eliminate local control by mandating technologies that can be used to
power buildings and fuel vehicles, and also meet or exceed emissions reductions regulations,
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the day of ) 2019.
Mayor
REVIEWED AND APPROVED: INITIATED AND APPROVED:
1 terim City Manager Interim City Manager
APPROVED AS TO FORM:
City Attorney kW
19-7765/208197 2
RESOLUTION NO. 2019-51
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH SUPPORTING MAINTAINING
LOCAL CONTROL OF ENERGY SOLUTIONS
WHEREAS, the State of California's energy policies are critical to reducing greenhouse
gas emissions and reducing the impact of climate change on our citizens; and
The State legislature and State agencies are increasingly proposing new legislation and
regulations eliminating choice of energy by mandating technologies to power buildings and
public and private fleets, including transit and long-haul trucking, as a strategy to achieve the
state's climate goals; and
Providing clean, affordable and reliable energy is crucial to the material health, safety
and well-being of Huntington Beach residents, particularly the most vulnerable, who live on
fixed incomes, including the elderly and working families who are struggling financially; and
The need for clean, affordable, and reliable energy to attract and retain local businesses,
create jobs and spur economic development is vital to the City's success in a highly competitive
and increasingly regional and global marketplace; and
The City of Huntington Beach, its residents, and its businesses values local control and
the right to choose the policies and investments that most affordably and efficiently enable them
to comply with State requirements; and
Building and vehicle technology mandates eliminate local control and customer choice,
suppress innovation, reduce reliability and unnecessarily increase costs for Huntington Beach
residents and businesses; and
The City of Huntington Beach understands that relying on a single energy delivery
system unnecessarily increases vulnerabilities to natural and man-made disasters, and that a
diversity of energy delivery systems and resources contribute to greater reliability and
community resilience; and
The City of Huntington Beach understands the need to mitigate the impacts of climate
change and is committed to doing its part to help the state achieve its climate goals but requires
the flexibility to do so in a manner that best serves the needs of its residents and businesses.
NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby
resolve as follows:
NO A,C-TTON TA"IV
19-7765/208197 1
Resolution No. 2019-51
1. The City supports balanced energy solutions that provide it with the decision making
authority and resources needed to achieve the State's climate goals and opposes proposed State
legislation and policies that eliminate local control by mandating technologies that can be used to
power buildings and fuel vehicles, and also meet or exceed emissions reductions regulations.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the day of 2019.
Mayor
REVIEWED AND APPROVED: INITIATED AND APPROVED:
terim City Manager Interim City Manager
APPROVED AS TO FORM:
City Attorney kW
19-7765/208197 2