California 2017-2018 Regular Session

California Assembly Bill AB663 Latest Draft

Bill / Amended Version Filed 05/30/2017

                            Amended IN  Assembly  May 30, 2017 Amended IN  Assembly  May 01, 2017 Amended IN  Assembly  April 19, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 663Introduced by Assembly Member BloomFebruary 14, 2017 An act to amend Sections 30500.1 and 30600.1 of, and to amend, repeal, and add Section 30213 of, the Public Resources Code, and to amend Section 214.06 of the Revenue and Taxation Code, relating to coastal resources. LEGISLATIVE COUNSEL'S DIGESTAB 663, as amended, Bloom. Coastal resources: low- and moderate-income housing.(1) Existing law, the California Coastal Act of 1976, establishes the California Coastal Commission and prescribes the powers and responsibilities of the commission with regard to the regulation of development along the California coast. The act requires any person wishing to perform or undertake any development in the coastal zone, as defined, to obtain a coastal development permit, except as provided. The act requires that lower cost visitor and recreational facilities be protected, encouraged, and, where feasible, provided. This bill would, until January 1, 2023, also require housing opportunities for persons of low and moderate income in the coastal zone to be protected, encouraged, and, where feasible, provided. The bill would require the commission, no later than January 1, 2019, to adopt interpretive guidelines for the development, implementation, and construction of housing opportunities for persons of low- and moderate-income in the coastal zone.(2) The act prescribes procedures for the approval and certification of a local coastal program by the commission, and provides for the delegation of development review authority to a local government, as defined, with a certified local coastal program. The act provides that no local coastal program shall be required to include housing policies and programs.This bill would suspend the operation of that provision specifying that local coastal programs are not required to include housing policies and programs beginning January 1, 2018, until January 1, 2023.(3) Provisions of the Planning and Zoning Law, known as the Mello Act, prohibit the conversion or demolition of residential dwelling units within a coastal zone, as defined and delineated in the Coastal Act, occupied by persons and families of low or moderate income unless provision has been made for the replacement of those dwelling units, as specified, and also requires that new housing developments constructed within a coastal zone provide, where feasible, housing units for persons and families of low or moderate income. That law also prohibits the conversion or demolition of any residential structure for purposes of a nonresidential use which is not coastal dependent, as that term is defined in the Coastal Act, unless the local government first determines that residential use is no longer feasible in that location.In the event an application for a coastal development permit has not been acted upon prior to January 1, 1982, existing law prohibits the commission from imposing any condition or requirement with respect to housing for persons or families of low or moderate income on the proposed development when processing an application for a coastal development permit. Existing law requires an applicant for a coastal development permit to apply to the appropriate local government, as provided, to have that local government apply the requirements of the Mello Act to the proposed development.This bill would provide that the above provisions do not apply to a coastal development permit application acted upon between January 1, 2018, and January 1, 2023.(4) Existing property tax law establishes a partial exemption for properties used exclusively for rental housing and related facilities that are owned and operated by certain types of nonprofit entities or veterans organizations and that meet specified requirements. Existing law, on or after January 1, 2015, prohibits a local government from entering into a payment in lieu of taxes (PILOT) agreement with a property owner of a low-income housing project that is eligible for the exemption described above, and makes any PILOT agreement entered into in violation of this provision void and unenforceable.This bill would, on or after January 1, 2018, prohibit the commission from entering into a PILOT agreement with a property owner of a low-income housing project that is eligible for that exemption, and would make any PILOT agreement entered into in violation of that provision void and unenforceable.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 30213 of the Public Resources Code is amended to read:30213. (a) Lower cost visitor and recreational facilities, and housing opportunities for persons of low and moderate income in the coastal zone shall be protected, encouraged, and, where feasible, provided. Developments providing public recreational opportunities are preferred.(b) The commission shall not: (1) require that overnight room rentals be fixed at an amount certain for any privately owned and operated hotel, motel, or other similar visitor-serving facility located on either public or private lands; or (2) establish or approve any method for the identification of low or moderate income persons for the purpose of determining eligibility for overnight room rentals in any such facilities.(c) The commission shall, no later than January 1, 2019, adopt interpretive guidelines for the development, implementation, and construction of housing opportunities for persons of low- and moderate-income in the coastal zone.(d) Nothing in this section authorizes the commission to permit residential uses on filled or unfilled tidelands or submerged lands in this state.(d)(e) This section shall remain in effect only until January 1, 2023, and as of that date is repealed.SEC. 2. Section 30213 is added to the Public Resources Code, to read:30213. (a) Lower cost visitor and recreational facilities shall be protected, encouraged, and, where feasible, provided. Developments providing public recreational opportunities are preferred.(b) The commission shall not: (1) require that overnight room rentals be fixed at an amount certain for any privately owned and operated hotel, motel, or other similar visitor-serving facility located on either public or private lands; or (2) establish or approve any method for the identification of low or moderate income persons for the purpose of determining eligibility for overnight room rentals in any such facilities.(c) This section shall become operative on January 1, 2023.SEC. 3. Section 30500.1 of the Public Resources Code is amended to read:30500.1. (a) No local coastal program shall be required to include housing policies and programs.(b) This section shall become inoperative beginning January 1, 2018, until January 1, 2023.SEC. 4. Section 30600.1 of the Public Resources Code is amended to read:30600.1. (a) In the event that an applicant for a coastal development permit had, prior to January 1, 1982, received from the appropriate local government final discretionary approval to proceed with a proposed development, but had not been issued a coastal development permit prior to that date, the provisions of subdivision (b) or (c) shall apply to any requirements for housing for persons or families of low or moderate income which may be applicable to the proposed development.(b) In the event that the commission has approved an application for a coastal development permit, but the applicant has not complied with conditions in regard to such housing that were imposed by the commission as part of its approval, the applicant shall do either of the following:(1) Comply with the housing and other applicable conditions imposed by the commission, in which event the coastal development permit shall be issued and the provisions of Section 65590 of the Government Code shall not apply to the development.(2) Apply to the appropriate local government as provided in Section 65590.1 of the Government Code to have that local government apply the requirements of Section 65590 of the Government Code to the proposed development, in which event, no condition previously imposed by the commission with respect to such housing shall be applicable to the proposed development.(c) In the event that application has not been acted upon prior to January 1, 1982, the commission shall process the application as otherwise required by this division, but shall not impose any condition or requirement with respect to housing for persons or families of low or moderate income on the proposed development. The applicant shall apply to the appropriate local government as provided in Section 65590.1 of the Government Code to have that local government apply the requirements of Section 65590 of the Government Code to the proposed development. The commission, at its discretion, may defer action on this application until the local government has acted to apply the requirements of Section 65590 of the Government Code. The time limits otherwise applicable to commission action on this application shall be stayed during any such period of deferral. If however any such application is for a conversion of a residential dwelling as defined in paragraph (1) of subdivision (g) of Section 65590 of the Government Code, the commission shall not defer processing of such application but shall defer the final issuance of a coastal development permit until the local government has applied the requirements of Section 65590 of the Government Code.(d) This section shall not apply to any coastal development permit application acted upon between January 1, 2018, and January 1, 2023.SEC. 5. Section 214.06 of the Revenue and Taxation Code, as added by Section 3 of Chapter 693 of the Statutes of 2014, is amended to read:214.06. (a) (1) Notwithstanding any other law, on or after January 1, 2015, a local government shall not enter into a payment in lieu of taxes (PILOT) agreement with a property owner of a low-income housing project. Any PILOT agreement entered into in violation of this subdivision shall be void and unenforceable.(2) An inference shall not be drawn from the enactment of this section with regard to whether the law, as it read prior to January 1, 2015, authorized a local government to enter into a PILOT agreement.(b) Notwithstanding any other law, on or after January 1, 2018, the California Coastal Commission shall not enter into a PILOT agreement with a property owner of a low-income housing project. Any PILOT agreement entered into in violation of this subdivision shall be void and unenforceable.

 Amended IN  Assembly  May 30, 2017 Amended IN  Assembly  May 01, 2017 Amended IN  Assembly  April 19, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 663Introduced by Assembly Member BloomFebruary 14, 2017 An act to amend Sections 30500.1 and 30600.1 of, and to amend, repeal, and add Section 30213 of, the Public Resources Code, and to amend Section 214.06 of the Revenue and Taxation Code, relating to coastal resources. LEGISLATIVE COUNSEL'S DIGESTAB 663, as amended, Bloom. Coastal resources: low- and moderate-income housing.(1) Existing law, the California Coastal Act of 1976, establishes the California Coastal Commission and prescribes the powers and responsibilities of the commission with regard to the regulation of development along the California coast. The act requires any person wishing to perform or undertake any development in the coastal zone, as defined, to obtain a coastal development permit, except as provided. The act requires that lower cost visitor and recreational facilities be protected, encouraged, and, where feasible, provided. This bill would, until January 1, 2023, also require housing opportunities for persons of low and moderate income in the coastal zone to be protected, encouraged, and, where feasible, provided. The bill would require the commission, no later than January 1, 2019, to adopt interpretive guidelines for the development, implementation, and construction of housing opportunities for persons of low- and moderate-income in the coastal zone.(2) The act prescribes procedures for the approval and certification of a local coastal program by the commission, and provides for the delegation of development review authority to a local government, as defined, with a certified local coastal program. The act provides that no local coastal program shall be required to include housing policies and programs.This bill would suspend the operation of that provision specifying that local coastal programs are not required to include housing policies and programs beginning January 1, 2018, until January 1, 2023.(3) Provisions of the Planning and Zoning Law, known as the Mello Act, prohibit the conversion or demolition of residential dwelling units within a coastal zone, as defined and delineated in the Coastal Act, occupied by persons and families of low or moderate income unless provision has been made for the replacement of those dwelling units, as specified, and also requires that new housing developments constructed within a coastal zone provide, where feasible, housing units for persons and families of low or moderate income. That law also prohibits the conversion or demolition of any residential structure for purposes of a nonresidential use which is not coastal dependent, as that term is defined in the Coastal Act, unless the local government first determines that residential use is no longer feasible in that location.In the event an application for a coastal development permit has not been acted upon prior to January 1, 1982, existing law prohibits the commission from imposing any condition or requirement with respect to housing for persons or families of low or moderate income on the proposed development when processing an application for a coastal development permit. Existing law requires an applicant for a coastal development permit to apply to the appropriate local government, as provided, to have that local government apply the requirements of the Mello Act to the proposed development.This bill would provide that the above provisions do not apply to a coastal development permit application acted upon between January 1, 2018, and January 1, 2023.(4) Existing property tax law establishes a partial exemption for properties used exclusively for rental housing and related facilities that are owned and operated by certain types of nonprofit entities or veterans organizations and that meet specified requirements. Existing law, on or after January 1, 2015, prohibits a local government from entering into a payment in lieu of taxes (PILOT) agreement with a property owner of a low-income housing project that is eligible for the exemption described above, and makes any PILOT agreement entered into in violation of this provision void and unenforceable.This bill would, on or after January 1, 2018, prohibit the commission from entering into a PILOT agreement with a property owner of a low-income housing project that is eligible for that exemption, and would make any PILOT agreement entered into in violation of that provision void and unenforceable.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: NO 

 Amended IN  Assembly  May 30, 2017 Amended IN  Assembly  May 01, 2017 Amended IN  Assembly  April 19, 2017

Amended IN  Assembly  May 30, 2017
Amended IN  Assembly  May 01, 2017
Amended IN  Assembly  April 19, 2017

 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION

Assembly Bill No. 663

Introduced by Assembly Member BloomFebruary 14, 2017

Introduced by Assembly Member Bloom
February 14, 2017

 An act to amend Sections 30500.1 and 30600.1 of, and to amend, repeal, and add Section 30213 of, the Public Resources Code, and to amend Section 214.06 of the Revenue and Taxation Code, relating to coastal resources. 

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

AB 663, as amended, Bloom. Coastal resources: low- and moderate-income housing.

(1) Existing law, the California Coastal Act of 1976, establishes the California Coastal Commission and prescribes the powers and responsibilities of the commission with regard to the regulation of development along the California coast. The act requires any person wishing to perform or undertake any development in the coastal zone, as defined, to obtain a coastal development permit, except as provided. The act requires that lower cost visitor and recreational facilities be protected, encouraged, and, where feasible, provided. This bill would, until January 1, 2023, also require housing opportunities for persons of low and moderate income in the coastal zone to be protected, encouraged, and, where feasible, provided. The bill would require the commission, no later than January 1, 2019, to adopt interpretive guidelines for the development, implementation, and construction of housing opportunities for persons of low- and moderate-income in the coastal zone.(2) The act prescribes procedures for the approval and certification of a local coastal program by the commission, and provides for the delegation of development review authority to a local government, as defined, with a certified local coastal program. The act provides that no local coastal program shall be required to include housing policies and programs.This bill would suspend the operation of that provision specifying that local coastal programs are not required to include housing policies and programs beginning January 1, 2018, until January 1, 2023.(3) Provisions of the Planning and Zoning Law, known as the Mello Act, prohibit the conversion or demolition of residential dwelling units within a coastal zone, as defined and delineated in the Coastal Act, occupied by persons and families of low or moderate income unless provision has been made for the replacement of those dwelling units, as specified, and also requires that new housing developments constructed within a coastal zone provide, where feasible, housing units for persons and families of low or moderate income. That law also prohibits the conversion or demolition of any residential structure for purposes of a nonresidential use which is not coastal dependent, as that term is defined in the Coastal Act, unless the local government first determines that residential use is no longer feasible in that location.In the event an application for a coastal development permit has not been acted upon prior to January 1, 1982, existing law prohibits the commission from imposing any condition or requirement with respect to housing for persons or families of low or moderate income on the proposed development when processing an application for a coastal development permit. Existing law requires an applicant for a coastal development permit to apply to the appropriate local government, as provided, to have that local government apply the requirements of the Mello Act to the proposed development.This bill would provide that the above provisions do not apply to a coastal development permit application acted upon between January 1, 2018, and January 1, 2023.(4) Existing property tax law establishes a partial exemption for properties used exclusively for rental housing and related facilities that are owned and operated by certain types of nonprofit entities or veterans organizations and that meet specified requirements. Existing law, on or after January 1, 2015, prohibits a local government from entering into a payment in lieu of taxes (PILOT) agreement with a property owner of a low-income housing project that is eligible for the exemption described above, and makes any PILOT agreement entered into in violation of this provision void and unenforceable.This bill would, on or after January 1, 2018, prohibit the commission from entering into a PILOT agreement with a property owner of a low-income housing project that is eligible for that exemption, and would make any PILOT agreement entered into in violation of that provision void and unenforceable.

(1) Existing law, the California Coastal Act of 1976, establishes the California Coastal Commission and prescribes the powers and responsibilities of the commission with regard to the regulation of development along the California coast. The act requires any person wishing to perform or undertake any development in the coastal zone, as defined, to obtain a coastal development permit, except as provided. The act requires that lower cost visitor and recreational facilities be protected, encouraged, and, where feasible, provided. 

This bill would, until January 1, 2023, also require housing opportunities for persons of low and moderate income in the coastal zone to be protected, encouraged, and, where feasible, provided. The bill would require the commission, no later than January 1, 2019, to adopt interpretive guidelines for the development, implementation, and construction of housing opportunities for persons of low- and moderate-income in the coastal zone.

(2) The act prescribes procedures for the approval and certification of a local coastal program by the commission, and provides for the delegation of development review authority to a local government, as defined, with a certified local coastal program. The act provides that no local coastal program shall be required to include housing policies and programs.

This bill would suspend the operation of that provision specifying that local coastal programs are not required to include housing policies and programs beginning January 1, 2018, until January 1, 2023.

(3) Provisions of the Planning and Zoning Law, known as the Mello Act, prohibit the conversion or demolition of residential dwelling units within a coastal zone, as defined and delineated in the Coastal Act, occupied by persons and families of low or moderate income unless provision has been made for the replacement of those dwelling units, as specified, and also requires that new housing developments constructed within a coastal zone provide, where feasible, housing units for persons and families of low or moderate income. That law also prohibits the conversion or demolition of any residential structure for purposes of a nonresidential use which is not coastal dependent, as that term is defined in the Coastal Act, unless the local government first determines that residential use is no longer feasible in that location.

In the event an application for a coastal development permit has not been acted upon prior to January 1, 1982, existing law prohibits the commission from imposing any condition or requirement with respect to housing for persons or families of low or moderate income on the proposed development when processing an application for a coastal development permit. Existing law requires an applicant for a coastal development permit to apply to the appropriate local government, as provided, to have that local government apply the requirements of the Mello Act to the proposed development.

This bill would provide that the above provisions do not apply to a coastal development permit application acted upon between January 1, 2018, and January 1, 2023.

(4) Existing property tax law establishes a partial exemption for properties used exclusively for rental housing and related facilities that are owned and operated by certain types of nonprofit entities or veterans organizations and that meet specified requirements. Existing law, on or after January 1, 2015, prohibits a local government from entering into a payment in lieu of taxes (PILOT) agreement with a property owner of a low-income housing project that is eligible for the exemption described above, and makes any PILOT agreement entered into in violation of this provision void and unenforceable.

This bill would, on or after January 1, 2018, prohibit the commission from entering into a PILOT agreement with a property owner of a low-income housing project that is eligible for that exemption, and would make any PILOT agreement entered into in violation of that provision void and unenforceable.

## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. Section 30213 of the Public Resources Code is amended to read:30213. (a) Lower cost visitor and recreational facilities, and housing opportunities for persons of low and moderate income in the coastal zone shall be protected, encouraged, and, where feasible, provided. Developments providing public recreational opportunities are preferred.(b) The commission shall not: (1) require that overnight room rentals be fixed at an amount certain for any privately owned and operated hotel, motel, or other similar visitor-serving facility located on either public or private lands; or (2) establish or approve any method for the identification of low or moderate income persons for the purpose of determining eligibility for overnight room rentals in any such facilities.(c) The commission shall, no later than January 1, 2019, adopt interpretive guidelines for the development, implementation, and construction of housing opportunities for persons of low- and moderate-income in the coastal zone.(d) Nothing in this section authorizes the commission to permit residential uses on filled or unfilled tidelands or submerged lands in this state.(d)(e) This section shall remain in effect only until January 1, 2023, and as of that date is repealed.SEC. 2. Section 30213 is added to the Public Resources Code, to read:30213. (a) Lower cost visitor and recreational facilities shall be protected, encouraged, and, where feasible, provided. Developments providing public recreational opportunities are preferred.(b) The commission shall not: (1) require that overnight room rentals be fixed at an amount certain for any privately owned and operated hotel, motel, or other similar visitor-serving facility located on either public or private lands; or (2) establish or approve any method for the identification of low or moderate income persons for the purpose of determining eligibility for overnight room rentals in any such facilities.(c) This section shall become operative on January 1, 2023.SEC. 3. Section 30500.1 of the Public Resources Code is amended to read:30500.1. (a) No local coastal program shall be required to include housing policies and programs.(b) This section shall become inoperative beginning January 1, 2018, until January 1, 2023.SEC. 4. Section 30600.1 of the Public Resources Code is amended to read:30600.1. (a) In the event that an applicant for a coastal development permit had, prior to January 1, 1982, received from the appropriate local government final discretionary approval to proceed with a proposed development, but had not been issued a coastal development permit prior to that date, the provisions of subdivision (b) or (c) shall apply to any requirements for housing for persons or families of low or moderate income which may be applicable to the proposed development.(b) In the event that the commission has approved an application for a coastal development permit, but the applicant has not complied with conditions in regard to such housing that were imposed by the commission as part of its approval, the applicant shall do either of the following:(1) Comply with the housing and other applicable conditions imposed by the commission, in which event the coastal development permit shall be issued and the provisions of Section 65590 of the Government Code shall not apply to the development.(2) Apply to the appropriate local government as provided in Section 65590.1 of the Government Code to have that local government apply the requirements of Section 65590 of the Government Code to the proposed development, in which event, no condition previously imposed by the commission with respect to such housing shall be applicable to the proposed development.(c) In the event that application has not been acted upon prior to January 1, 1982, the commission shall process the application as otherwise required by this division, but shall not impose any condition or requirement with respect to housing for persons or families of low or moderate income on the proposed development. The applicant shall apply to the appropriate local government as provided in Section 65590.1 of the Government Code to have that local government apply the requirements of Section 65590 of the Government Code to the proposed development. The commission, at its discretion, may defer action on this application until the local government has acted to apply the requirements of Section 65590 of the Government Code. The time limits otherwise applicable to commission action on this application shall be stayed during any such period of deferral. If however any such application is for a conversion of a residential dwelling as defined in paragraph (1) of subdivision (g) of Section 65590 of the Government Code, the commission shall not defer processing of such application but shall defer the final issuance of a coastal development permit until the local government has applied the requirements of Section 65590 of the Government Code.(d) This section shall not apply to any coastal development permit application acted upon between January 1, 2018, and January 1, 2023.SEC. 5. Section 214.06 of the Revenue and Taxation Code, as added by Section 3 of Chapter 693 of the Statutes of 2014, is amended to read:214.06. (a) (1) Notwithstanding any other law, on or after January 1, 2015, a local government shall not enter into a payment in lieu of taxes (PILOT) agreement with a property owner of a low-income housing project. Any PILOT agreement entered into in violation of this subdivision shall be void and unenforceable.(2) An inference shall not be drawn from the enactment of this section with regard to whether the law, as it read prior to January 1, 2015, authorized a local government to enter into a PILOT agreement.(b) Notwithstanding any other law, on or after January 1, 2018, the California Coastal Commission shall not enter into a PILOT agreement with a property owner of a low-income housing project. Any PILOT agreement entered into in violation of this subdivision shall be void and unenforceable.

The people of the State of California do enact as follows:

## The people of the State of California do enact as follows:

SECTION 1. Section 30213 of the Public Resources Code is amended to read:30213. (a) Lower cost visitor and recreational facilities, and housing opportunities for persons of low and moderate income in the coastal zone shall be protected, encouraged, and, where feasible, provided. Developments providing public recreational opportunities are preferred.(b) The commission shall not: (1) require that overnight room rentals be fixed at an amount certain for any privately owned and operated hotel, motel, or other similar visitor-serving facility located on either public or private lands; or (2) establish or approve any method for the identification of low or moderate income persons for the purpose of determining eligibility for overnight room rentals in any such facilities.(c) The commission shall, no later than January 1, 2019, adopt interpretive guidelines for the development, implementation, and construction of housing opportunities for persons of low- and moderate-income in the coastal zone.(d) Nothing in this section authorizes the commission to permit residential uses on filled or unfilled tidelands or submerged lands in this state.(d)(e) This section shall remain in effect only until January 1, 2023, and as of that date is repealed.

SECTION 1. Section 30213 of the Public Resources Code is amended to read:

### SECTION 1.

30213. (a) Lower cost visitor and recreational facilities, and housing opportunities for persons of low and moderate income in the coastal zone shall be protected, encouraged, and, where feasible, provided. Developments providing public recreational opportunities are preferred.(b) The commission shall not: (1) require that overnight room rentals be fixed at an amount certain for any privately owned and operated hotel, motel, or other similar visitor-serving facility located on either public or private lands; or (2) establish or approve any method for the identification of low or moderate income persons for the purpose of determining eligibility for overnight room rentals in any such facilities.(c) The commission shall, no later than January 1, 2019, adopt interpretive guidelines for the development, implementation, and construction of housing opportunities for persons of low- and moderate-income in the coastal zone.(d) Nothing in this section authorizes the commission to permit residential uses on filled or unfilled tidelands or submerged lands in this state.(d)(e) This section shall remain in effect only until January 1, 2023, and as of that date is repealed.

30213. (a) Lower cost visitor and recreational facilities, and housing opportunities for persons of low and moderate income in the coastal zone shall be protected, encouraged, and, where feasible, provided. Developments providing public recreational opportunities are preferred.(b) The commission shall not: (1) require that overnight room rentals be fixed at an amount certain for any privately owned and operated hotel, motel, or other similar visitor-serving facility located on either public or private lands; or (2) establish or approve any method for the identification of low or moderate income persons for the purpose of determining eligibility for overnight room rentals in any such facilities.(c) The commission shall, no later than January 1, 2019, adopt interpretive guidelines for the development, implementation, and construction of housing opportunities for persons of low- and moderate-income in the coastal zone.(d) Nothing in this section authorizes the commission to permit residential uses on filled or unfilled tidelands or submerged lands in this state.(d)(e) This section shall remain in effect only until January 1, 2023, and as of that date is repealed.

30213. (a) Lower cost visitor and recreational facilities, and housing opportunities for persons of low and moderate income in the coastal zone shall be protected, encouraged, and, where feasible, provided. Developments providing public recreational opportunities are preferred.(b) The commission shall not: (1) require that overnight room rentals be fixed at an amount certain for any privately owned and operated hotel, motel, or other similar visitor-serving facility located on either public or private lands; or (2) establish or approve any method for the identification of low or moderate income persons for the purpose of determining eligibility for overnight room rentals in any such facilities.(c) The commission shall, no later than January 1, 2019, adopt interpretive guidelines for the development, implementation, and construction of housing opportunities for persons of low- and moderate-income in the coastal zone.(d) Nothing in this section authorizes the commission to permit residential uses on filled or unfilled tidelands or submerged lands in this state.(d)(e) This section shall remain in effect only until January 1, 2023, and as of that date is repealed.



30213. (a) Lower cost visitor and recreational facilities, and housing opportunities for persons of low and moderate income in the coastal zone shall be protected, encouraged, and, where feasible, provided. Developments providing public recreational opportunities are preferred.

(b) The commission shall not: (1) require that overnight room rentals be fixed at an amount certain for any privately owned and operated hotel, motel, or other similar visitor-serving facility located on either public or private lands; or (2) establish or approve any method for the identification of low or moderate income persons for the purpose of determining eligibility for overnight room rentals in any such facilities.

(c) The commission shall, no later than January 1, 2019, adopt interpretive guidelines for the development, implementation, and construction of housing opportunities for persons of low- and moderate-income in the coastal zone.

(d) Nothing in this section authorizes the commission to permit residential uses on filled or unfilled tidelands or submerged lands in this state.

(d)



(e) This section shall remain in effect only until January 1, 2023, and as of that date is repealed.

SEC. 2. Section 30213 is added to the Public Resources Code, to read:30213. (a) Lower cost visitor and recreational facilities shall be protected, encouraged, and, where feasible, provided. Developments providing public recreational opportunities are preferred.(b) The commission shall not: (1) require that overnight room rentals be fixed at an amount certain for any privately owned and operated hotel, motel, or other similar visitor-serving facility located on either public or private lands; or (2) establish or approve any method for the identification of low or moderate income persons for the purpose of determining eligibility for overnight room rentals in any such facilities.(c) This section shall become operative on January 1, 2023.

SEC. 2. Section 30213 is added to the Public Resources Code, to read:

### SEC. 2.

30213. (a) Lower cost visitor and recreational facilities shall be protected, encouraged, and, where feasible, provided. Developments providing public recreational opportunities are preferred.(b) The commission shall not: (1) require that overnight room rentals be fixed at an amount certain for any privately owned and operated hotel, motel, or other similar visitor-serving facility located on either public or private lands; or (2) establish or approve any method for the identification of low or moderate income persons for the purpose of determining eligibility for overnight room rentals in any such facilities.(c) This section shall become operative on January 1, 2023.

30213. (a) Lower cost visitor and recreational facilities shall be protected, encouraged, and, where feasible, provided. Developments providing public recreational opportunities are preferred.(b) The commission shall not: (1) require that overnight room rentals be fixed at an amount certain for any privately owned and operated hotel, motel, or other similar visitor-serving facility located on either public or private lands; or (2) establish or approve any method for the identification of low or moderate income persons for the purpose of determining eligibility for overnight room rentals in any such facilities.(c) This section shall become operative on January 1, 2023.

30213. (a) Lower cost visitor and recreational facilities shall be protected, encouraged, and, where feasible, provided. Developments providing public recreational opportunities are preferred.(b) The commission shall not: (1) require that overnight room rentals be fixed at an amount certain for any privately owned and operated hotel, motel, or other similar visitor-serving facility located on either public or private lands; or (2) establish or approve any method for the identification of low or moderate income persons for the purpose of determining eligibility for overnight room rentals in any such facilities.(c) This section shall become operative on January 1, 2023.



30213. (a) Lower cost visitor and recreational facilities shall be protected, encouraged, and, where feasible, provided. Developments providing public recreational opportunities are preferred.

(b) The commission shall not: (1) require that overnight room rentals be fixed at an amount certain for any privately owned and operated hotel, motel, or other similar visitor-serving facility located on either public or private lands; or (2) establish or approve any method for the identification of low or moderate income persons for the purpose of determining eligibility for overnight room rentals in any such facilities.

(c) This section shall become operative on January 1, 2023.

SEC. 3. Section 30500.1 of the Public Resources Code is amended to read:30500.1. (a) No local coastal program shall be required to include housing policies and programs.(b) This section shall become inoperative beginning January 1, 2018, until January 1, 2023.

SEC. 3. Section 30500.1 of the Public Resources Code is amended to read:

### SEC. 3.

30500.1. (a) No local coastal program shall be required to include housing policies and programs.(b) This section shall become inoperative beginning January 1, 2018, until January 1, 2023.

30500.1. (a) No local coastal program shall be required to include housing policies and programs.(b) This section shall become inoperative beginning January 1, 2018, until January 1, 2023.

30500.1. (a) No local coastal program shall be required to include housing policies and programs.(b) This section shall become inoperative beginning January 1, 2018, until January 1, 2023.



30500.1. (a) No local coastal program shall be required to include housing policies and programs.

(b) This section shall become inoperative beginning January 1, 2018, until January 1, 2023.

SEC. 4. Section 30600.1 of the Public Resources Code is amended to read:30600.1. (a) In the event that an applicant for a coastal development permit had, prior to January 1, 1982, received from the appropriate local government final discretionary approval to proceed with a proposed development, but had not been issued a coastal development permit prior to that date, the provisions of subdivision (b) or (c) shall apply to any requirements for housing for persons or families of low or moderate income which may be applicable to the proposed development.(b) In the event that the commission has approved an application for a coastal development permit, but the applicant has not complied with conditions in regard to such housing that were imposed by the commission as part of its approval, the applicant shall do either of the following:(1) Comply with the housing and other applicable conditions imposed by the commission, in which event the coastal development permit shall be issued and the provisions of Section 65590 of the Government Code shall not apply to the development.(2) Apply to the appropriate local government as provided in Section 65590.1 of the Government Code to have that local government apply the requirements of Section 65590 of the Government Code to the proposed development, in which event, no condition previously imposed by the commission with respect to such housing shall be applicable to the proposed development.(c) In the event that application has not been acted upon prior to January 1, 1982, the commission shall process the application as otherwise required by this division, but shall not impose any condition or requirement with respect to housing for persons or families of low or moderate income on the proposed development. The applicant shall apply to the appropriate local government as provided in Section 65590.1 of the Government Code to have that local government apply the requirements of Section 65590 of the Government Code to the proposed development. The commission, at its discretion, may defer action on this application until the local government has acted to apply the requirements of Section 65590 of the Government Code. The time limits otherwise applicable to commission action on this application shall be stayed during any such period of deferral. If however any such application is for a conversion of a residential dwelling as defined in paragraph (1) of subdivision (g) of Section 65590 of the Government Code, the commission shall not defer processing of such application but shall defer the final issuance of a coastal development permit until the local government has applied the requirements of Section 65590 of the Government Code.(d) This section shall not apply to any coastal development permit application acted upon between January 1, 2018, and January 1, 2023.

SEC. 4. Section 30600.1 of the Public Resources Code is amended to read:

### SEC. 4.

30600.1. (a) In the event that an applicant for a coastal development permit had, prior to January 1, 1982, received from the appropriate local government final discretionary approval to proceed with a proposed development, but had not been issued a coastal development permit prior to that date, the provisions of subdivision (b) or (c) shall apply to any requirements for housing for persons or families of low or moderate income which may be applicable to the proposed development.(b) In the event that the commission has approved an application for a coastal development permit, but the applicant has not complied with conditions in regard to such housing that were imposed by the commission as part of its approval, the applicant shall do either of the following:(1) Comply with the housing and other applicable conditions imposed by the commission, in which event the coastal development permit shall be issued and the provisions of Section 65590 of the Government Code shall not apply to the development.(2) Apply to the appropriate local government as provided in Section 65590.1 of the Government Code to have that local government apply the requirements of Section 65590 of the Government Code to the proposed development, in which event, no condition previously imposed by the commission with respect to such housing shall be applicable to the proposed development.(c) In the event that application has not been acted upon prior to January 1, 1982, the commission shall process the application as otherwise required by this division, but shall not impose any condition or requirement with respect to housing for persons or families of low or moderate income on the proposed development. The applicant shall apply to the appropriate local government as provided in Section 65590.1 of the Government Code to have that local government apply the requirements of Section 65590 of the Government Code to the proposed development. The commission, at its discretion, may defer action on this application until the local government has acted to apply the requirements of Section 65590 of the Government Code. The time limits otherwise applicable to commission action on this application shall be stayed during any such period of deferral. If however any such application is for a conversion of a residential dwelling as defined in paragraph (1) of subdivision (g) of Section 65590 of the Government Code, the commission shall not defer processing of such application but shall defer the final issuance of a coastal development permit until the local government has applied the requirements of Section 65590 of the Government Code.(d) This section shall not apply to any coastal development permit application acted upon between January 1, 2018, and January 1, 2023.

30600.1. (a) In the event that an applicant for a coastal development permit had, prior to January 1, 1982, received from the appropriate local government final discretionary approval to proceed with a proposed development, but had not been issued a coastal development permit prior to that date, the provisions of subdivision (b) or (c) shall apply to any requirements for housing for persons or families of low or moderate income which may be applicable to the proposed development.(b) In the event that the commission has approved an application for a coastal development permit, but the applicant has not complied with conditions in regard to such housing that were imposed by the commission as part of its approval, the applicant shall do either of the following:(1) Comply with the housing and other applicable conditions imposed by the commission, in which event the coastal development permit shall be issued and the provisions of Section 65590 of the Government Code shall not apply to the development.(2) Apply to the appropriate local government as provided in Section 65590.1 of the Government Code to have that local government apply the requirements of Section 65590 of the Government Code to the proposed development, in which event, no condition previously imposed by the commission with respect to such housing shall be applicable to the proposed development.(c) In the event that application has not been acted upon prior to January 1, 1982, the commission shall process the application as otherwise required by this division, but shall not impose any condition or requirement with respect to housing for persons or families of low or moderate income on the proposed development. The applicant shall apply to the appropriate local government as provided in Section 65590.1 of the Government Code to have that local government apply the requirements of Section 65590 of the Government Code to the proposed development. The commission, at its discretion, may defer action on this application until the local government has acted to apply the requirements of Section 65590 of the Government Code. The time limits otherwise applicable to commission action on this application shall be stayed during any such period of deferral. If however any such application is for a conversion of a residential dwelling as defined in paragraph (1) of subdivision (g) of Section 65590 of the Government Code, the commission shall not defer processing of such application but shall defer the final issuance of a coastal development permit until the local government has applied the requirements of Section 65590 of the Government Code.(d) This section shall not apply to any coastal development permit application acted upon between January 1, 2018, and January 1, 2023.

30600.1. (a) In the event that an applicant for a coastal development permit had, prior to January 1, 1982, received from the appropriate local government final discretionary approval to proceed with a proposed development, but had not been issued a coastal development permit prior to that date, the provisions of subdivision (b) or (c) shall apply to any requirements for housing for persons or families of low or moderate income which may be applicable to the proposed development.(b) In the event that the commission has approved an application for a coastal development permit, but the applicant has not complied with conditions in regard to such housing that were imposed by the commission as part of its approval, the applicant shall do either of the following:(1) Comply with the housing and other applicable conditions imposed by the commission, in which event the coastal development permit shall be issued and the provisions of Section 65590 of the Government Code shall not apply to the development.(2) Apply to the appropriate local government as provided in Section 65590.1 of the Government Code to have that local government apply the requirements of Section 65590 of the Government Code to the proposed development, in which event, no condition previously imposed by the commission with respect to such housing shall be applicable to the proposed development.(c) In the event that application has not been acted upon prior to January 1, 1982, the commission shall process the application as otherwise required by this division, but shall not impose any condition or requirement with respect to housing for persons or families of low or moderate income on the proposed development. The applicant shall apply to the appropriate local government as provided in Section 65590.1 of the Government Code to have that local government apply the requirements of Section 65590 of the Government Code to the proposed development. The commission, at its discretion, may defer action on this application until the local government has acted to apply the requirements of Section 65590 of the Government Code. The time limits otherwise applicable to commission action on this application shall be stayed during any such period of deferral. If however any such application is for a conversion of a residential dwelling as defined in paragraph (1) of subdivision (g) of Section 65590 of the Government Code, the commission shall not defer processing of such application but shall defer the final issuance of a coastal development permit until the local government has applied the requirements of Section 65590 of the Government Code.(d) This section shall not apply to any coastal development permit application acted upon between January 1, 2018, and January 1, 2023.



30600.1. (a) In the event that an applicant for a coastal development permit had, prior to January 1, 1982, received from the appropriate local government final discretionary approval to proceed with a proposed development, but had not been issued a coastal development permit prior to that date, the provisions of subdivision (b) or (c) shall apply to any requirements for housing for persons or families of low or moderate income which may be applicable to the proposed development.

(b) In the event that the commission has approved an application for a coastal development permit, but the applicant has not complied with conditions in regard to such housing that were imposed by the commission as part of its approval, the applicant shall do either of the following:

(1) Comply with the housing and other applicable conditions imposed by the commission, in which event the coastal development permit shall be issued and the provisions of Section 65590 of the Government Code shall not apply to the development.

(2) Apply to the appropriate local government as provided in Section 65590.1 of the Government Code to have that local government apply the requirements of Section 65590 of the Government Code to the proposed development, in which event, no condition previously imposed by the commission with respect to such housing shall be applicable to the proposed development.

(c) In the event that application has not been acted upon prior to January 1, 1982, the commission shall process the application as otherwise required by this division, but shall not impose any condition or requirement with respect to housing for persons or families of low or moderate income on the proposed development. The applicant shall apply to the appropriate local government as provided in Section 65590.1 of the Government Code to have that local government apply the requirements of Section 65590 of the Government Code to the proposed development. The commission, at its discretion, may defer action on this application until the local government has acted to apply the requirements of Section 65590 of the Government Code. The time limits otherwise applicable to commission action on this application shall be stayed during any such period of deferral. If however any such application is for a conversion of a residential dwelling as defined in paragraph (1) of subdivision (g) of Section 65590 of the Government Code, the commission shall not defer processing of such application but shall defer the final issuance of a coastal development permit until the local government has applied the requirements of Section 65590 of the Government Code.

(d) This section shall not apply to any coastal development permit application acted upon between January 1, 2018, and January 1, 2023.

SEC. 5. Section 214.06 of the Revenue and Taxation Code, as added by Section 3 of Chapter 693 of the Statutes of 2014, is amended to read:214.06. (a) (1) Notwithstanding any other law, on or after January 1, 2015, a local government shall not enter into a payment in lieu of taxes (PILOT) agreement with a property owner of a low-income housing project. Any PILOT agreement entered into in violation of this subdivision shall be void and unenforceable.(2) An inference shall not be drawn from the enactment of this section with regard to whether the law, as it read prior to January 1, 2015, authorized a local government to enter into a PILOT agreement.(b) Notwithstanding any other law, on or after January 1, 2018, the California Coastal Commission shall not enter into a PILOT agreement with a property owner of a low-income housing project. Any PILOT agreement entered into in violation of this subdivision shall be void and unenforceable.

SEC. 5. Section 214.06 of the Revenue and Taxation Code, as added by Section 3 of Chapter 693 of the Statutes of 2014, is amended to read:

### SEC. 5.

214.06. (a) (1) Notwithstanding any other law, on or after January 1, 2015, a local government shall not enter into a payment in lieu of taxes (PILOT) agreement with a property owner of a low-income housing project. Any PILOT agreement entered into in violation of this subdivision shall be void and unenforceable.(2) An inference shall not be drawn from the enactment of this section with regard to whether the law, as it read prior to January 1, 2015, authorized a local government to enter into a PILOT agreement.(b) Notwithstanding any other law, on or after January 1, 2018, the California Coastal Commission shall not enter into a PILOT agreement with a property owner of a low-income housing project. Any PILOT agreement entered into in violation of this subdivision shall be void and unenforceable.

214.06. (a) (1) Notwithstanding any other law, on or after January 1, 2015, a local government shall not enter into a payment in lieu of taxes (PILOT) agreement with a property owner of a low-income housing project. Any PILOT agreement entered into in violation of this subdivision shall be void and unenforceable.(2) An inference shall not be drawn from the enactment of this section with regard to whether the law, as it read prior to January 1, 2015, authorized a local government to enter into a PILOT agreement.(b) Notwithstanding any other law, on or after January 1, 2018, the California Coastal Commission shall not enter into a PILOT agreement with a property owner of a low-income housing project. Any PILOT agreement entered into in violation of this subdivision shall be void and unenforceable.

214.06. (a) (1) Notwithstanding any other law, on or after January 1, 2015, a local government shall not enter into a payment in lieu of taxes (PILOT) agreement with a property owner of a low-income housing project. Any PILOT agreement entered into in violation of this subdivision shall be void and unenforceable.(2) An inference shall not be drawn from the enactment of this section with regard to whether the law, as it read prior to January 1, 2015, authorized a local government to enter into a PILOT agreement.(b) Notwithstanding any other law, on or after January 1, 2018, the California Coastal Commission shall not enter into a PILOT agreement with a property owner of a low-income housing project. Any PILOT agreement entered into in violation of this subdivision shall be void and unenforceable.



214.06. (a) (1) Notwithstanding any other law, on or after January 1, 2015, a local government shall not enter into a payment in lieu of taxes (PILOT) agreement with a property owner of a low-income housing project. Any PILOT agreement entered into in violation of this subdivision shall be void and unenforceable.

(2) An inference shall not be drawn from the enactment of this section with regard to whether the law, as it read prior to January 1, 2015, authorized a local government to enter into a PILOT agreement.

(b) Notwithstanding any other law, on or after January 1, 2018, the California Coastal Commission shall not enter into a PILOT agreement with a property owner of a low-income housing project. Any PILOT agreement entered into in violation of this subdivision shall be void and unenforceable.