California 2023 2023-2024 Regular Session

California Assembly Bill AB529 Amended / Bill

Filed 03/30/2023

                    Amended IN  Assembly  March 30, 2023 Amended IN  Assembly  March 20, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 529Introduced by Assembly Members Gabriel and HaneyFebruary 08, 2023 An act to amend Section 65589.9 of the Government Code, and to add Section 18941.16 17921.9 to the Health and Safety Code, relating to adaptive reuse. LEGISLATIVE COUNSEL'S DIGESTAB 529, as amended, Gabriel. Adaptive reuse projects.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 specified land outside its boundaries, that includes, among other specified mandatory elements, a housing element. That law requires the Department of Housing and Community Development to determine whether the housing element is in substantial compliance with specified provisions of that law.Existing law, for award cycles commenced after July 1, 2021, awards a city, county, or city and county, that has adopted a housing element determined by the department to be in substantial compliance with specified provisions of the Planning and Zoning Law and that has been designated by the department as prohousing based upon their adoption of prohousing local policies, as specified, additional points in the scoring of program applications for housing and infrastructure programs pursuant to guidelines adopted by the department, as provided. Existing law defines prohousing local policies as policies that facilitate the planning, approval, or construction of housing, including, but not limited to, local financial incentives for housing, reduced parking requirements for sites that are zoned for residential development, and the adoption of zoning allowing for use by right for residential and mixed-use development.This bill would add the facilitation of the conversion or redevelopment of commercial properties into housing, as specified, including the adoption of adaptive reuse, as defined, ordinances or other mechanisms that reduce barriers for these conversions, to the list of specified prohousing local policies.Existing law, the California Building Standards Law, establishes the California Building Standards Commission within the Department of General Services. Existing law requires the commission to approve and adopt building standards and to codify those standards in the California Building Standards Code, which is required to be published once every 3 years.This bill would require the California Building Standards Commission, in consultation with the Department of Housing and Community Development, to update, adopt, approve, codify, and publish building standards in the California Existing Building Code that revise and clarify fire, safety, health, structural, seismic, and environmental elements that apply to adaptive reuse projects, as specified. The bill would require the building standards to facilitate the development of adaptive reuse projects.This bill would require the Department of Housing and Community Development, in consultation with the State Fire Marshal, to research and develop revisions and clarifications to the California Building Standards Code, as specified, pertaining to the requirements for adaptive reuse development projects, and authorizes the department to propose these revisions and clarifications to the California Building Standards Commission. The bill would require the commission to consider for adoption the revisions and clarifications proposed by the Department of Housing and Community Development.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 65589.9 of the Government Code is amended to read:65589.9. (a) It is the intent of the Legislature to create incentives for jurisdictions that are compliant with housing element requirements and have enacted prohousing local policies. It is the intent of the Legislature that these incentives be in the form of additional points or other preference in the scoring of competitive housing and infrastructure programs. It is the intent of the Legislature that, in adopting regulations related to prohousing local policy criteria, the department shall create criteria that consider the needs of rural, suburban, and urban jurisdictions and how those criteria may differ in those areas.(b) For award cycles commenced after July 1, 2021, jurisdictions that have adopted a housing element that has been found by the department to be in substantial compliance with the requirements of this article pursuant to Section 65585, and that have been designated prohousing pursuant to subdivision (c) based upon their adoption of prohousing local policies, shall be awarded additional points or preference in the scoring of program applications for the following programs:(1) The Affordable Housing and Sustainable Communities Program established by Part 1 (commencing with Section 75200) of Division 44 of the Public Resources Code.(2) The Transformative Climate Communities Program established by Part 4 (commencing with Section 75240) of Division 44 of the Public Resources Code.(3) The Infill Incentive Grant Program of 2007 established by Section 53545.13 of the Health and Safety Code.(4) Additional bonus points may be awarded to other state programs when already allowable under state law.(c) The department shall designate jurisdictions as prohousing pursuant to the emergency regulations adopted pursuant to subdivision (d) and report these designations to the Office of Planning and Research, and any other applicable agency or department, annually and upon request.(d) (1) By July 1, 2021, the department, in collaboration with stakeholders, shall adopt emergency regulations to implement this section.(2) Notwithstanding Section 11346.1, the emergency regulations adopted pursuant to this subdivision shall remain in effect until the date that permanent regulations to implement this section become effective.(e) On or before January 1, 2021, and annually thereafter, the Department of Finance shall publish on its internet website the list of programs included under subdivision (b).(f) For purposes of this section, the following definitions shall apply:(1) Adaptive reuse shall have the same meaning as in Section 53559.1 of the Health and Safety Code. (1)(2) Compliant housing element means an adopted housing element that has been found to be in substantial compliance with the requirements of this article by the department pursuant to Section 65585.(2)(3) Prohousing local policies means policies that facilitate the planning, approval, or construction of housing. These policies may include, but are not limited to, the following:(A) Local financial incentives for housing, including, but not limited to, establishing a local housing trust fund.(B) Reduced parking requirements for sites that are zoned for residential development.(C) Adoption of zoning allowing for use by right for residential and mixed-use development.(D) Zoning more sites for residential development or zoning sites at higher densities than is required to accommodate the minimum existing regional housing need allocation for the current housing element cycle.(E) Adoption of accessory dwelling unit ordinances or other mechanisms that reduce barriers for property owners to create accessory dwelling units beyond the requirements outlined in Section 65852.2, as determined by the department.(F) Reduction of permit processing time.(G) Creation of objective development standards.(H) Reduction of development impact fees.(I) Establishment of a Workforce Housing Opportunity Zone, as defined in Section 65620, or a housing sustainability district, as defined in Section 66200.(J) Preservation of affordable housing units through the extension of existing project-based rental assistance covenants to avoid the displacement of affected tenants and a reduction in available affordable housing units.(K) Facilitation of the conversion or redevelopment of commercial properties into housing, including the adoption of adaptive reuse ordinances or other mechanisms that reduce barriers for these conversions.SEC. 2.Section 18941.16 is added to the Health and Safety Code, to read:18941.16.The California Building Standards Commission, in consultation with the Department of Housing and Community Development, shall update, adopt, approve, codify, and publish building standards in the California Existing Building Code (Part 10 of Title 24 of the California Code of Regulations) that revise and clarify fire, safety, health, structural, seismic, and environmental elements applicable to adaptive reuse projects. The building standards shall facilitate the development of adaptive reuse projects. This section shall commence with the next triennial edition of the California Building Standards Code (Title 24 of the California Code of Regulations) adopted after January 1, 2024.SEC. 2. Section 17921.9 is added to the Health and Safety Code, to read:17921.9. (a) It is the intent of the Legislature that any revisions and clarifications to the California Building Standards Code (Title 24 of the California Code of Regulations) proposed or adopted pursuant to this section facilitate the development of adaptive reuse projects.(b) The Department of Housing and Community Development, in consultation with the State Fire Marshal, upon the next triennial update of the California Building Standards Code that occurs on or after January 1, 2024, shall research and develop, and may propose to the California Building Standards Commission, revisions and clarifications to the California Building Standards Code, including, but not limited to, the California Existing Building Code (Part 10 of Title 24 of the California Code of Regulations), pertaining to the requirements for adaptive reuse development projects.(c) The California Building Standards Commission shall consider for adoption the revisions and clarifications proposed by the Department of Housing and Community Development pursuant to subdivision (b).(d) For purposes of this section, adaptive reuse shall have the same meaning as in Section 53559.1.

 Amended IN  Assembly  March 30, 2023 Amended IN  Assembly  March 20, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 529Introduced by Assembly Members Gabriel and HaneyFebruary 08, 2023 An act to amend Section 65589.9 of the Government Code, and to add Section 18941.16 17921.9 to the Health and Safety Code, relating to adaptive reuse. LEGISLATIVE COUNSEL'S DIGESTAB 529, as amended, Gabriel. Adaptive reuse projects.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 specified land outside its boundaries, that includes, among other specified mandatory elements, a housing element. That law requires the Department of Housing and Community Development to determine whether the housing element is in substantial compliance with specified provisions of that law.Existing law, for award cycles commenced after July 1, 2021, awards a city, county, or city and county, that has adopted a housing element determined by the department to be in substantial compliance with specified provisions of the Planning and Zoning Law and that has been designated by the department as prohousing based upon their adoption of prohousing local policies, as specified, additional points in the scoring of program applications for housing and infrastructure programs pursuant to guidelines adopted by the department, as provided. Existing law defines prohousing local policies as policies that facilitate the planning, approval, or construction of housing, including, but not limited to, local financial incentives for housing, reduced parking requirements for sites that are zoned for residential development, and the adoption of zoning allowing for use by right for residential and mixed-use development.This bill would add the facilitation of the conversion or redevelopment of commercial properties into housing, as specified, including the adoption of adaptive reuse, as defined, ordinances or other mechanisms that reduce barriers for these conversions, to the list of specified prohousing local policies.Existing law, the California Building Standards Law, establishes the California Building Standards Commission within the Department of General Services. Existing law requires the commission to approve and adopt building standards and to codify those standards in the California Building Standards Code, which is required to be published once every 3 years.This bill would require the California Building Standards Commission, in consultation with the Department of Housing and Community Development, to update, adopt, approve, codify, and publish building standards in the California Existing Building Code that revise and clarify fire, safety, health, structural, seismic, and environmental elements that apply to adaptive reuse projects, as specified. The bill would require the building standards to facilitate the development of adaptive reuse projects.This bill would require the Department of Housing and Community Development, in consultation with the State Fire Marshal, to research and develop revisions and clarifications to the California Building Standards Code, as specified, pertaining to the requirements for adaptive reuse development projects, and authorizes the department to propose these revisions and clarifications to the California Building Standards Commission. The bill would require the commission to consider for adoption the revisions and clarifications proposed by the Department of Housing and Community Development.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: NO 

 Amended IN  Assembly  March 30, 2023 Amended IN  Assembly  March 20, 2023

Amended IN  Assembly  March 30, 2023
Amended IN  Assembly  March 20, 2023

 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION

 Assembly Bill 

No. 529

Introduced by Assembly Members Gabriel and HaneyFebruary 08, 2023

Introduced by Assembly Members Gabriel and Haney
February 08, 2023

 An act to amend Section 65589.9 of the Government Code, and to add Section 18941.16 17921.9 to the Health and Safety Code, relating to adaptive reuse. 

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

AB 529, as amended, Gabriel. Adaptive reuse projects.

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 specified land outside its boundaries, that includes, among other specified mandatory elements, a housing element. That law requires the Department of Housing and Community Development to determine whether the housing element is in substantial compliance with specified provisions of that law.Existing law, for award cycles commenced after July 1, 2021, awards a city, county, or city and county, that has adopted a housing element determined by the department to be in substantial compliance with specified provisions of the Planning and Zoning Law and that has been designated by the department as prohousing based upon their adoption of prohousing local policies, as specified, additional points in the scoring of program applications for housing and infrastructure programs pursuant to guidelines adopted by the department, as provided. Existing law defines prohousing local policies as policies that facilitate the planning, approval, or construction of housing, including, but not limited to, local financial incentives for housing, reduced parking requirements for sites that are zoned for residential development, and the adoption of zoning allowing for use by right for residential and mixed-use development.This bill would add the facilitation of the conversion or redevelopment of commercial properties into housing, as specified, including the adoption of adaptive reuse, as defined, ordinances or other mechanisms that reduce barriers for these conversions, to the list of specified prohousing local policies.Existing law, the California Building Standards Law, establishes the California Building Standards Commission within the Department of General Services. Existing law requires the commission to approve and adopt building standards and to codify those standards in the California Building Standards Code, which is required to be published once every 3 years.This bill would require the California Building Standards Commission, in consultation with the Department of Housing and Community Development, to update, adopt, approve, codify, and publish building standards in the California Existing Building Code that revise and clarify fire, safety, health, structural, seismic, and environmental elements that apply to adaptive reuse projects, as specified. The bill would require the building standards to facilitate the development of adaptive reuse projects.This bill would require the Department of Housing and Community Development, in consultation with the State Fire Marshal, to research and develop revisions and clarifications to the California Building Standards Code, as specified, pertaining to the requirements for adaptive reuse development projects, and authorizes the department to propose these revisions and clarifications to the California Building Standards Commission. The bill would require the commission to consider for adoption the revisions and clarifications proposed by the Department of Housing and Community Development.

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 specified land outside its boundaries, that includes, among other specified mandatory elements, a housing element. That law requires the Department of Housing and Community Development to determine whether the housing element is in substantial compliance with specified provisions of that law.

Existing law, for award cycles commenced after July 1, 2021, awards a city, county, or city and county, that has adopted a housing element determined by the department to be in substantial compliance with specified provisions of the Planning and Zoning Law and that has been designated by the department as prohousing based upon their adoption of prohousing local policies, as specified, additional points in the scoring of program applications for housing and infrastructure programs pursuant to guidelines adopted by the department, as provided. Existing law defines prohousing local policies as policies that facilitate the planning, approval, or construction of housing, including, but not limited to, local financial incentives for housing, reduced parking requirements for sites that are zoned for residential development, and the adoption of zoning allowing for use by right for residential and mixed-use development.

This bill would add the facilitation of the conversion or redevelopment of commercial properties into housing, as specified, including the adoption of adaptive reuse, as defined, ordinances or other mechanisms that reduce barriers for these conversions, to the list of specified prohousing local policies.

Existing law, the California Building Standards Law, establishes the California Building Standards Commission within the Department of General Services. Existing law requires the commission to approve and adopt building standards and to codify those standards in the California Building Standards Code, which is required to be published once every 3 years.

This bill would require the California Building Standards Commission, in consultation with the Department of Housing and Community Development, to update, adopt, approve, codify, and publish building standards in the California Existing Building Code that revise and clarify fire, safety, health, structural, seismic, and environmental elements that apply to adaptive reuse projects, as specified. The bill would require the building standards to facilitate the development of adaptive reuse projects.



This bill would require the Department of Housing and Community Development, in consultation with the State Fire Marshal, to research and develop revisions and clarifications to the California Building Standards Code, as specified, pertaining to the requirements for adaptive reuse development projects, and authorizes the department to propose these revisions and clarifications to the California Building Standards Commission. The bill would require the commission to consider for adoption the revisions and clarifications proposed by the Department of Housing and Community Development.

## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. Section 65589.9 of the Government Code is amended to read:65589.9. (a) It is the intent of the Legislature to create incentives for jurisdictions that are compliant with housing element requirements and have enacted prohousing local policies. It is the intent of the Legislature that these incentives be in the form of additional points or other preference in the scoring of competitive housing and infrastructure programs. It is the intent of the Legislature that, in adopting regulations related to prohousing local policy criteria, the department shall create criteria that consider the needs of rural, suburban, and urban jurisdictions and how those criteria may differ in those areas.(b) For award cycles commenced after July 1, 2021, jurisdictions that have adopted a housing element that has been found by the department to be in substantial compliance with the requirements of this article pursuant to Section 65585, and that have been designated prohousing pursuant to subdivision (c) based upon their adoption of prohousing local policies, shall be awarded additional points or preference in the scoring of program applications for the following programs:(1) The Affordable Housing and Sustainable Communities Program established by Part 1 (commencing with Section 75200) of Division 44 of the Public Resources Code.(2) The Transformative Climate Communities Program established by Part 4 (commencing with Section 75240) of Division 44 of the Public Resources Code.(3) The Infill Incentive Grant Program of 2007 established by Section 53545.13 of the Health and Safety Code.(4) Additional bonus points may be awarded to other state programs when already allowable under state law.(c) The department shall designate jurisdictions as prohousing pursuant to the emergency regulations adopted pursuant to subdivision (d) and report these designations to the Office of Planning and Research, and any other applicable agency or department, annually and upon request.(d) (1) By July 1, 2021, the department, in collaboration with stakeholders, shall adopt emergency regulations to implement this section.(2) Notwithstanding Section 11346.1, the emergency regulations adopted pursuant to this subdivision shall remain in effect until the date that permanent regulations to implement this section become effective.(e) On or before January 1, 2021, and annually thereafter, the Department of Finance shall publish on its internet website the list of programs included under subdivision (b).(f) For purposes of this section, the following definitions shall apply:(1) Adaptive reuse shall have the same meaning as in Section 53559.1 of the Health and Safety Code. (1)(2) Compliant housing element means an adopted housing element that has been found to be in substantial compliance with the requirements of this article by the department pursuant to Section 65585.(2)(3) Prohousing local policies means policies that facilitate the planning, approval, or construction of housing. These policies may include, but are not limited to, the following:(A) Local financial incentives for housing, including, but not limited to, establishing a local housing trust fund.(B) Reduced parking requirements for sites that are zoned for residential development.(C) Adoption of zoning allowing for use by right for residential and mixed-use development.(D) Zoning more sites for residential development or zoning sites at higher densities than is required to accommodate the minimum existing regional housing need allocation for the current housing element cycle.(E) Adoption of accessory dwelling unit ordinances or other mechanisms that reduce barriers for property owners to create accessory dwelling units beyond the requirements outlined in Section 65852.2, as determined by the department.(F) Reduction of permit processing time.(G) Creation of objective development standards.(H) Reduction of development impact fees.(I) Establishment of a Workforce Housing Opportunity Zone, as defined in Section 65620, or a housing sustainability district, as defined in Section 66200.(J) Preservation of affordable housing units through the extension of existing project-based rental assistance covenants to avoid the displacement of affected tenants and a reduction in available affordable housing units.(K) Facilitation of the conversion or redevelopment of commercial properties into housing, including the adoption of adaptive reuse ordinances or other mechanisms that reduce barriers for these conversions.SEC. 2.Section 18941.16 is added to the Health and Safety Code, to read:18941.16.The California Building Standards Commission, in consultation with the Department of Housing and Community Development, shall update, adopt, approve, codify, and publish building standards in the California Existing Building Code (Part 10 of Title 24 of the California Code of Regulations) that revise and clarify fire, safety, health, structural, seismic, and environmental elements applicable to adaptive reuse projects. The building standards shall facilitate the development of adaptive reuse projects. This section shall commence with the next triennial edition of the California Building Standards Code (Title 24 of the California Code of Regulations) adopted after January 1, 2024.SEC. 2. Section 17921.9 is added to the Health and Safety Code, to read:17921.9. (a) It is the intent of the Legislature that any revisions and clarifications to the California Building Standards Code (Title 24 of the California Code of Regulations) proposed or adopted pursuant to this section facilitate the development of adaptive reuse projects.(b) The Department of Housing and Community Development, in consultation with the State Fire Marshal, upon the next triennial update of the California Building Standards Code that occurs on or after January 1, 2024, shall research and develop, and may propose to the California Building Standards Commission, revisions and clarifications to the California Building Standards Code, including, but not limited to, the California Existing Building Code (Part 10 of Title 24 of the California Code of Regulations), pertaining to the requirements for adaptive reuse development projects.(c) The California Building Standards Commission shall consider for adoption the revisions and clarifications proposed by the Department of Housing and Community Development pursuant to subdivision (b).(d) For purposes of this section, adaptive reuse shall have the same meaning as in Section 53559.1.

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 65589.9 of the Government Code is amended to read:65589.9. (a) It is the intent of the Legislature to create incentives for jurisdictions that are compliant with housing element requirements and have enacted prohousing local policies. It is the intent of the Legislature that these incentives be in the form of additional points or other preference in the scoring of competitive housing and infrastructure programs. It is the intent of the Legislature that, in adopting regulations related to prohousing local policy criteria, the department shall create criteria that consider the needs of rural, suburban, and urban jurisdictions and how those criteria may differ in those areas.(b) For award cycles commenced after July 1, 2021, jurisdictions that have adopted a housing element that has been found by the department to be in substantial compliance with the requirements of this article pursuant to Section 65585, and that have been designated prohousing pursuant to subdivision (c) based upon their adoption of prohousing local policies, shall be awarded additional points or preference in the scoring of program applications for the following programs:(1) The Affordable Housing and Sustainable Communities Program established by Part 1 (commencing with Section 75200) of Division 44 of the Public Resources Code.(2) The Transformative Climate Communities Program established by Part 4 (commencing with Section 75240) of Division 44 of the Public Resources Code.(3) The Infill Incentive Grant Program of 2007 established by Section 53545.13 of the Health and Safety Code.(4) Additional bonus points may be awarded to other state programs when already allowable under state law.(c) The department shall designate jurisdictions as prohousing pursuant to the emergency regulations adopted pursuant to subdivision (d) and report these designations to the Office of Planning and Research, and any other applicable agency or department, annually and upon request.(d) (1) By July 1, 2021, the department, in collaboration with stakeholders, shall adopt emergency regulations to implement this section.(2) Notwithstanding Section 11346.1, the emergency regulations adopted pursuant to this subdivision shall remain in effect until the date that permanent regulations to implement this section become effective.(e) On or before January 1, 2021, and annually thereafter, the Department of Finance shall publish on its internet website the list of programs included under subdivision (b).(f) For purposes of this section, the following definitions shall apply:(1) Adaptive reuse shall have the same meaning as in Section 53559.1 of the Health and Safety Code. (1)(2) Compliant housing element means an adopted housing element that has been found to be in substantial compliance with the requirements of this article by the department pursuant to Section 65585.(2)(3) Prohousing local policies means policies that facilitate the planning, approval, or construction of housing. These policies may include, but are not limited to, the following:(A) Local financial incentives for housing, including, but not limited to, establishing a local housing trust fund.(B) Reduced parking requirements for sites that are zoned for residential development.(C) Adoption of zoning allowing for use by right for residential and mixed-use development.(D) Zoning more sites for residential development or zoning sites at higher densities than is required to accommodate the minimum existing regional housing need allocation for the current housing element cycle.(E) Adoption of accessory dwelling unit ordinances or other mechanisms that reduce barriers for property owners to create accessory dwelling units beyond the requirements outlined in Section 65852.2, as determined by the department.(F) Reduction of permit processing time.(G) Creation of objective development standards.(H) Reduction of development impact fees.(I) Establishment of a Workforce Housing Opportunity Zone, as defined in Section 65620, or a housing sustainability district, as defined in Section 66200.(J) Preservation of affordable housing units through the extension of existing project-based rental assistance covenants to avoid the displacement of affected tenants and a reduction in available affordable housing units.(K) Facilitation of the conversion or redevelopment of commercial properties into housing, including the adoption of adaptive reuse ordinances or other mechanisms that reduce barriers for these conversions.

SECTION 1. Section 65589.9 of the Government Code is amended to read:

### SECTION 1.

65589.9. (a) It is the intent of the Legislature to create incentives for jurisdictions that are compliant with housing element requirements and have enacted prohousing local policies. It is the intent of the Legislature that these incentives be in the form of additional points or other preference in the scoring of competitive housing and infrastructure programs. It is the intent of the Legislature that, in adopting regulations related to prohousing local policy criteria, the department shall create criteria that consider the needs of rural, suburban, and urban jurisdictions and how those criteria may differ in those areas.(b) For award cycles commenced after July 1, 2021, jurisdictions that have adopted a housing element that has been found by the department to be in substantial compliance with the requirements of this article pursuant to Section 65585, and that have been designated prohousing pursuant to subdivision (c) based upon their adoption of prohousing local policies, shall be awarded additional points or preference in the scoring of program applications for the following programs:(1) The Affordable Housing and Sustainable Communities Program established by Part 1 (commencing with Section 75200) of Division 44 of the Public Resources Code.(2) The Transformative Climate Communities Program established by Part 4 (commencing with Section 75240) of Division 44 of the Public Resources Code.(3) The Infill Incentive Grant Program of 2007 established by Section 53545.13 of the Health and Safety Code.(4) Additional bonus points may be awarded to other state programs when already allowable under state law.(c) The department shall designate jurisdictions as prohousing pursuant to the emergency regulations adopted pursuant to subdivision (d) and report these designations to the Office of Planning and Research, and any other applicable agency or department, annually and upon request.(d) (1) By July 1, 2021, the department, in collaboration with stakeholders, shall adopt emergency regulations to implement this section.(2) Notwithstanding Section 11346.1, the emergency regulations adopted pursuant to this subdivision shall remain in effect until the date that permanent regulations to implement this section become effective.(e) On or before January 1, 2021, and annually thereafter, the Department of Finance shall publish on its internet website the list of programs included under subdivision (b).(f) For purposes of this section, the following definitions shall apply:(1) Adaptive reuse shall have the same meaning as in Section 53559.1 of the Health and Safety Code. (1)(2) Compliant housing element means an adopted housing element that has been found to be in substantial compliance with the requirements of this article by the department pursuant to Section 65585.(2)(3) Prohousing local policies means policies that facilitate the planning, approval, or construction of housing. These policies may include, but are not limited to, the following:(A) Local financial incentives for housing, including, but not limited to, establishing a local housing trust fund.(B) Reduced parking requirements for sites that are zoned for residential development.(C) Adoption of zoning allowing for use by right for residential and mixed-use development.(D) Zoning more sites for residential development or zoning sites at higher densities than is required to accommodate the minimum existing regional housing need allocation for the current housing element cycle.(E) Adoption of accessory dwelling unit ordinances or other mechanisms that reduce barriers for property owners to create accessory dwelling units beyond the requirements outlined in Section 65852.2, as determined by the department.(F) Reduction of permit processing time.(G) Creation of objective development standards.(H) Reduction of development impact fees.(I) Establishment of a Workforce Housing Opportunity Zone, as defined in Section 65620, or a housing sustainability district, as defined in Section 66200.(J) Preservation of affordable housing units through the extension of existing project-based rental assistance covenants to avoid the displacement of affected tenants and a reduction in available affordable housing units.(K) Facilitation of the conversion or redevelopment of commercial properties into housing, including the adoption of adaptive reuse ordinances or other mechanisms that reduce barriers for these conversions.

65589.9. (a) It is the intent of the Legislature to create incentives for jurisdictions that are compliant with housing element requirements and have enacted prohousing local policies. It is the intent of the Legislature that these incentives be in the form of additional points or other preference in the scoring of competitive housing and infrastructure programs. It is the intent of the Legislature that, in adopting regulations related to prohousing local policy criteria, the department shall create criteria that consider the needs of rural, suburban, and urban jurisdictions and how those criteria may differ in those areas.(b) For award cycles commenced after July 1, 2021, jurisdictions that have adopted a housing element that has been found by the department to be in substantial compliance with the requirements of this article pursuant to Section 65585, and that have been designated prohousing pursuant to subdivision (c) based upon their adoption of prohousing local policies, shall be awarded additional points or preference in the scoring of program applications for the following programs:(1) The Affordable Housing and Sustainable Communities Program established by Part 1 (commencing with Section 75200) of Division 44 of the Public Resources Code.(2) The Transformative Climate Communities Program established by Part 4 (commencing with Section 75240) of Division 44 of the Public Resources Code.(3) The Infill Incentive Grant Program of 2007 established by Section 53545.13 of the Health and Safety Code.(4) Additional bonus points may be awarded to other state programs when already allowable under state law.(c) The department shall designate jurisdictions as prohousing pursuant to the emergency regulations adopted pursuant to subdivision (d) and report these designations to the Office of Planning and Research, and any other applicable agency or department, annually and upon request.(d) (1) By July 1, 2021, the department, in collaboration with stakeholders, shall adopt emergency regulations to implement this section.(2) Notwithstanding Section 11346.1, the emergency regulations adopted pursuant to this subdivision shall remain in effect until the date that permanent regulations to implement this section become effective.(e) On or before January 1, 2021, and annually thereafter, the Department of Finance shall publish on its internet website the list of programs included under subdivision (b).(f) For purposes of this section, the following definitions shall apply:(1) Adaptive reuse shall have the same meaning as in Section 53559.1 of the Health and Safety Code. (1)(2) Compliant housing element means an adopted housing element that has been found to be in substantial compliance with the requirements of this article by the department pursuant to Section 65585.(2)(3) Prohousing local policies means policies that facilitate the planning, approval, or construction of housing. These policies may include, but are not limited to, the following:(A) Local financial incentives for housing, including, but not limited to, establishing a local housing trust fund.(B) Reduced parking requirements for sites that are zoned for residential development.(C) Adoption of zoning allowing for use by right for residential and mixed-use development.(D) Zoning more sites for residential development or zoning sites at higher densities than is required to accommodate the minimum existing regional housing need allocation for the current housing element cycle.(E) Adoption of accessory dwelling unit ordinances or other mechanisms that reduce barriers for property owners to create accessory dwelling units beyond the requirements outlined in Section 65852.2, as determined by the department.(F) Reduction of permit processing time.(G) Creation of objective development standards.(H) Reduction of development impact fees.(I) Establishment of a Workforce Housing Opportunity Zone, as defined in Section 65620, or a housing sustainability district, as defined in Section 66200.(J) Preservation of affordable housing units through the extension of existing project-based rental assistance covenants to avoid the displacement of affected tenants and a reduction in available affordable housing units.(K) Facilitation of the conversion or redevelopment of commercial properties into housing, including the adoption of adaptive reuse ordinances or other mechanisms that reduce barriers for these conversions.

65589.9. (a) It is the intent of the Legislature to create incentives for jurisdictions that are compliant with housing element requirements and have enacted prohousing local policies. It is the intent of the Legislature that these incentives be in the form of additional points or other preference in the scoring of competitive housing and infrastructure programs. It is the intent of the Legislature that, in adopting regulations related to prohousing local policy criteria, the department shall create criteria that consider the needs of rural, suburban, and urban jurisdictions and how those criteria may differ in those areas.(b) For award cycles commenced after July 1, 2021, jurisdictions that have adopted a housing element that has been found by the department to be in substantial compliance with the requirements of this article pursuant to Section 65585, and that have been designated prohousing pursuant to subdivision (c) based upon their adoption of prohousing local policies, shall be awarded additional points or preference in the scoring of program applications for the following programs:(1) The Affordable Housing and Sustainable Communities Program established by Part 1 (commencing with Section 75200) of Division 44 of the Public Resources Code.(2) The Transformative Climate Communities Program established by Part 4 (commencing with Section 75240) of Division 44 of the Public Resources Code.(3) The Infill Incentive Grant Program of 2007 established by Section 53545.13 of the Health and Safety Code.(4) Additional bonus points may be awarded to other state programs when already allowable under state law.(c) The department shall designate jurisdictions as prohousing pursuant to the emergency regulations adopted pursuant to subdivision (d) and report these designations to the Office of Planning and Research, and any other applicable agency or department, annually and upon request.(d) (1) By July 1, 2021, the department, in collaboration with stakeholders, shall adopt emergency regulations to implement this section.(2) Notwithstanding Section 11346.1, the emergency regulations adopted pursuant to this subdivision shall remain in effect until the date that permanent regulations to implement this section become effective.(e) On or before January 1, 2021, and annually thereafter, the Department of Finance shall publish on its internet website the list of programs included under subdivision (b).(f) For purposes of this section, the following definitions shall apply:(1) Adaptive reuse shall have the same meaning as in Section 53559.1 of the Health and Safety Code. (1)(2) Compliant housing element means an adopted housing element that has been found to be in substantial compliance with the requirements of this article by the department pursuant to Section 65585.(2)(3) Prohousing local policies means policies that facilitate the planning, approval, or construction of housing. These policies may include, but are not limited to, the following:(A) Local financial incentives for housing, including, but not limited to, establishing a local housing trust fund.(B) Reduced parking requirements for sites that are zoned for residential development.(C) Adoption of zoning allowing for use by right for residential and mixed-use development.(D) Zoning more sites for residential development or zoning sites at higher densities than is required to accommodate the minimum existing regional housing need allocation for the current housing element cycle.(E) Adoption of accessory dwelling unit ordinances or other mechanisms that reduce barriers for property owners to create accessory dwelling units beyond the requirements outlined in Section 65852.2, as determined by the department.(F) Reduction of permit processing time.(G) Creation of objective development standards.(H) Reduction of development impact fees.(I) Establishment of a Workforce Housing Opportunity Zone, as defined in Section 65620, or a housing sustainability district, as defined in Section 66200.(J) Preservation of affordable housing units through the extension of existing project-based rental assistance covenants to avoid the displacement of affected tenants and a reduction in available affordable housing units.(K) Facilitation of the conversion or redevelopment of commercial properties into housing, including the adoption of adaptive reuse ordinances or other mechanisms that reduce barriers for these conversions.



65589.9. (a) It is the intent of the Legislature to create incentives for jurisdictions that are compliant with housing element requirements and have enacted prohousing local policies. It is the intent of the Legislature that these incentives be in the form of additional points or other preference in the scoring of competitive housing and infrastructure programs. It is the intent of the Legislature that, in adopting regulations related to prohousing local policy criteria, the department shall create criteria that consider the needs of rural, suburban, and urban jurisdictions and how those criteria may differ in those areas.

(b) For award cycles commenced after July 1, 2021, jurisdictions that have adopted a housing element that has been found by the department to be in substantial compliance with the requirements of this article pursuant to Section 65585, and that have been designated prohousing pursuant to subdivision (c) based upon their adoption of prohousing local policies, shall be awarded additional points or preference in the scoring of program applications for the following programs:

(1) The Affordable Housing and Sustainable Communities Program established by Part 1 (commencing with Section 75200) of Division 44 of the Public Resources Code.

(2) The Transformative Climate Communities Program established by Part 4 (commencing with Section 75240) of Division 44 of the Public Resources Code.

(3) The Infill Incentive Grant Program of 2007 established by Section 53545.13 of the Health and Safety Code.

(4) Additional bonus points may be awarded to other state programs when already allowable under state law.

(c) The department shall designate jurisdictions as prohousing pursuant to the emergency regulations adopted pursuant to subdivision (d) and report these designations to the Office of Planning and Research, and any other applicable agency or department, annually and upon request.

(d) (1) By July 1, 2021, the department, in collaboration with stakeholders, shall adopt emergency regulations to implement this section.

(2) Notwithstanding Section 11346.1, the emergency regulations adopted pursuant to this subdivision shall remain in effect until the date that permanent regulations to implement this section become effective.

(e) On or before January 1, 2021, and annually thereafter, the Department of Finance shall publish on its internet website the list of programs included under subdivision (b).

(f) For purposes of this section, the following definitions shall apply:

(1) Adaptive reuse shall have the same meaning as in Section 53559.1 of the Health and Safety Code.

(1)



(2) Compliant housing element means an adopted housing element that has been found to be in substantial compliance with the requirements of this article by the department pursuant to Section 65585.

(2)



(3) Prohousing local policies means policies that facilitate the planning, approval, or construction of housing. These policies may include, but are not limited to, the following:

(A) Local financial incentives for housing, including, but not limited to, establishing a local housing trust fund.

(B) Reduced parking requirements for sites that are zoned for residential development.

(C) Adoption of zoning allowing for use by right for residential and mixed-use development.

(D) Zoning more sites for residential development or zoning sites at higher densities than is required to accommodate the minimum existing regional housing need allocation for the current housing element cycle.

(E) Adoption of accessory dwelling unit ordinances or other mechanisms that reduce barriers for property owners to create accessory dwelling units beyond the requirements outlined in Section 65852.2, as determined by the department.

(F) Reduction of permit processing time.

(G) Creation of objective development standards.

(H) Reduction of development impact fees.

(I) Establishment of a Workforce Housing Opportunity Zone, as defined in Section 65620, or a housing sustainability district, as defined in Section 66200.

(J) Preservation of affordable housing units through the extension of existing project-based rental assistance covenants to avoid the displacement of affected tenants and a reduction in available affordable housing units.

(K) Facilitation of the conversion or redevelopment of commercial properties into housing, including the adoption of adaptive reuse ordinances or other mechanisms that reduce barriers for these conversions.





The California Building Standards Commission, in consultation with the Department of Housing and Community Development, shall update, adopt, approve, codify, and publish building standards in the California Existing Building Code (Part 10 of Title 24 of the California Code of Regulations) that revise and clarify fire, safety, health, structural, seismic, and environmental elements applicable to adaptive reuse projects. The building standards shall facilitate the development of adaptive reuse projects. This section shall commence with the next triennial edition of the California Building Standards Code (Title 24 of the California Code of Regulations) adopted after January 1, 2024.



SEC. 2. Section 17921.9 is added to the Health and Safety Code, to read:17921.9. (a) It is the intent of the Legislature that any revisions and clarifications to the California Building Standards Code (Title 24 of the California Code of Regulations) proposed or adopted pursuant to this section facilitate the development of adaptive reuse projects.(b) The Department of Housing and Community Development, in consultation with the State Fire Marshal, upon the next triennial update of the California Building Standards Code that occurs on or after January 1, 2024, shall research and develop, and may propose to the California Building Standards Commission, revisions and clarifications to the California Building Standards Code, including, but not limited to, the California Existing Building Code (Part 10 of Title 24 of the California Code of Regulations), pertaining to the requirements for adaptive reuse development projects.(c) The California Building Standards Commission shall consider for adoption the revisions and clarifications proposed by the Department of Housing and Community Development pursuant to subdivision (b).(d) For purposes of this section, adaptive reuse shall have the same meaning as in Section 53559.1.

SEC. 2. Section 17921.9 is added to the Health and Safety Code, to read:

### SEC. 2.

17921.9. (a) It is the intent of the Legislature that any revisions and clarifications to the California Building Standards Code (Title 24 of the California Code of Regulations) proposed or adopted pursuant to this section facilitate the development of adaptive reuse projects.(b) The Department of Housing and Community Development, in consultation with the State Fire Marshal, upon the next triennial update of the California Building Standards Code that occurs on or after January 1, 2024, shall research and develop, and may propose to the California Building Standards Commission, revisions and clarifications to the California Building Standards Code, including, but not limited to, the California Existing Building Code (Part 10 of Title 24 of the California Code of Regulations), pertaining to the requirements for adaptive reuse development projects.(c) The California Building Standards Commission shall consider for adoption the revisions and clarifications proposed by the Department of Housing and Community Development pursuant to subdivision (b).(d) For purposes of this section, adaptive reuse shall have the same meaning as in Section 53559.1.

17921.9. (a) It is the intent of the Legislature that any revisions and clarifications to the California Building Standards Code (Title 24 of the California Code of Regulations) proposed or adopted pursuant to this section facilitate the development of adaptive reuse projects.(b) The Department of Housing and Community Development, in consultation with the State Fire Marshal, upon the next triennial update of the California Building Standards Code that occurs on or after January 1, 2024, shall research and develop, and may propose to the California Building Standards Commission, revisions and clarifications to the California Building Standards Code, including, but not limited to, the California Existing Building Code (Part 10 of Title 24 of the California Code of Regulations), pertaining to the requirements for adaptive reuse development projects.(c) The California Building Standards Commission shall consider for adoption the revisions and clarifications proposed by the Department of Housing and Community Development pursuant to subdivision (b).(d) For purposes of this section, adaptive reuse shall have the same meaning as in Section 53559.1.

17921.9. (a) It is the intent of the Legislature that any revisions and clarifications to the California Building Standards Code (Title 24 of the California Code of Regulations) proposed or adopted pursuant to this section facilitate the development of adaptive reuse projects.(b) The Department of Housing and Community Development, in consultation with the State Fire Marshal, upon the next triennial update of the California Building Standards Code that occurs on or after January 1, 2024, shall research and develop, and may propose to the California Building Standards Commission, revisions and clarifications to the California Building Standards Code, including, but not limited to, the California Existing Building Code (Part 10 of Title 24 of the California Code of Regulations), pertaining to the requirements for adaptive reuse development projects.(c) The California Building Standards Commission shall consider for adoption the revisions and clarifications proposed by the Department of Housing and Community Development pursuant to subdivision (b).(d) For purposes of this section, adaptive reuse shall have the same meaning as in Section 53559.1.



17921.9. (a) It is the intent of the Legislature that any revisions and clarifications to the California Building Standards Code (Title 24 of the California Code of Regulations) proposed or adopted pursuant to this section facilitate the development of adaptive reuse projects.

(b) The Department of Housing and Community Development, in consultation with the State Fire Marshal, upon the next triennial update of the California Building Standards Code that occurs on or after January 1, 2024, shall research and develop, and may propose to the California Building Standards Commission, revisions and clarifications to the California Building Standards Code, including, but not limited to, the California Existing Building Code (Part 10 of Title 24 of the California Code of Regulations), pertaining to the requirements for adaptive reuse development projects.

(c) The California Building Standards Commission shall consider for adoption the revisions and clarifications proposed by the Department of Housing and Community Development pursuant to subdivision (b).

(d) For purposes of this section, adaptive reuse shall have the same meaning as in Section 53559.1.