California 2023 2023-2024 Regular Session

California Assembly Bill AB2728 Introduced / Bill

Filed 02/14/2024

                    CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 2728Introduced by Assembly Member GabrielFebruary 14, 2024 An act to amend Section 65589.3 of the Government Code, relating to housing.LEGISLATIVE COUNSEL'S DIGESTAB 2728, as introduced, Gabriel. Housing element: substantial compliance: presumption.The Planning and Zoning Law requires each county and city to adopt a comprehensive, long-term general plan for the physical development of the county or city and requires that general plan to include, among other mandatory elements, a housing element. Existing law requires the Department of Housing and Community Development to review housing elements and amendments for substantial compliance with that law. Existing law requires each city and county to consider the guidelines adopted by the department in the preparation of the housing element. Under existing law, in an action challenging the validity of a housing element, there is a rebuttable presumption of the validity of the element or amendment if the department has found that the element or amendment substantially complies, as provided.This bill would make nonsubstantive changes to that provision.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: NO  Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 65589.3 of the Government Code is amended to read:65589.3. In any an action filed on or after January 1, 1991, taken to challenge the validity of a housing element, there shall be a rebuttable presumption of the validity of the element or amendment if, pursuant to under Section 65585, the department has found that the element or amendment substantially complies with the requirements of this article.

 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 2728Introduced by Assembly Member GabrielFebruary 14, 2024 An act to amend Section 65589.3 of the Government Code, relating to housing.LEGISLATIVE COUNSEL'S DIGESTAB 2728, as introduced, Gabriel. Housing element: substantial compliance: presumption.The Planning and Zoning Law requires each county and city to adopt a comprehensive, long-term general plan for the physical development of the county or city and requires that general plan to include, among other mandatory elements, a housing element. Existing law requires the Department of Housing and Community Development to review housing elements and amendments for substantial compliance with that law. Existing law requires each city and county to consider the guidelines adopted by the department in the preparation of the housing element. Under existing law, in an action challenging the validity of a housing element, there is a rebuttable presumption of the validity of the element or amendment if the department has found that the element or amendment substantially complies, as provided.This bill would make nonsubstantive changes to that provision.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: NO  Local Program: NO 





 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION

 Assembly Bill 

No. 2728

Introduced by Assembly Member GabrielFebruary 14, 2024

Introduced by Assembly Member Gabriel
February 14, 2024

 An act to amend Section 65589.3 of the Government Code, relating to housing.

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

AB 2728, as introduced, Gabriel. Housing element: substantial compliance: presumption.

The Planning and Zoning Law requires each county and city to adopt a comprehensive, long-term general plan for the physical development of the county or city and requires that general plan to include, among other mandatory elements, a housing element. Existing law requires the Department of Housing and Community Development to review housing elements and amendments for substantial compliance with that law. Existing law requires each city and county to consider the guidelines adopted by the department in the preparation of the housing element. Under existing law, in an action challenging the validity of a housing element, there is a rebuttable presumption of the validity of the element or amendment if the department has found that the element or amendment substantially complies, as provided.This bill would make nonsubstantive changes to that provision.

The Planning and Zoning Law requires each county and city to adopt a comprehensive, long-term general plan for the physical development of the county or city and requires that general plan to include, among other mandatory elements, a housing element. Existing law requires the Department of Housing and Community Development to review housing elements and amendments for substantial compliance with that law. Existing law requires each city and county to consider the guidelines adopted by the department in the preparation of the housing element. Under existing law, in an action challenging the validity of a housing element, there is a rebuttable presumption of the validity of the element or amendment if the department has found that the element or amendment substantially complies, as provided.

This bill would make nonsubstantive changes to that provision.

## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. Section 65589.3 of the Government Code is amended to read:65589.3. In any an action filed on or after January 1, 1991, taken to challenge the validity of a housing element, there shall be a rebuttable presumption of the validity of the element or amendment if, pursuant to under Section 65585, the department has found that the element or amendment substantially complies with the requirements of this article.

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 65589.3 of the Government Code is amended to read:65589.3. In any an action filed on or after January 1, 1991, taken to challenge the validity of a housing element, there shall be a rebuttable presumption of the validity of the element or amendment if, pursuant to under Section 65585, the department has found that the element or amendment substantially complies with the requirements of this article.

SECTION 1. Section 65589.3 of the Government Code is amended to read:

### SECTION 1.

65589.3. In any an action filed on or after January 1, 1991, taken to challenge the validity of a housing element, there shall be a rebuttable presumption of the validity of the element or amendment if, pursuant to under Section 65585, the department has found that the element or amendment substantially complies with the requirements of this article.

65589.3. In any an action filed on or after January 1, 1991, taken to challenge the validity of a housing element, there shall be a rebuttable presumption of the validity of the element or amendment if, pursuant to under Section 65585, the department has found that the element or amendment substantially complies with the requirements of this article.

65589.3. In any an action filed on or after January 1, 1991, taken to challenge the validity of a housing element, there shall be a rebuttable presumption of the validity of the element or amendment if, pursuant to under Section 65585, the department has found that the element or amendment substantially complies with the requirements of this article.



65589.3. In any an action filed on or after January 1, 1991, taken to challenge the validity of a housing element, there shall be a rebuttable presumption of the validity of the element or amendment if, pursuant to under Section 65585, the department has found that the element or amendment substantially complies with the requirements of this article.