Amended IN Assembly March 19, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 36Introduced by Assembly Member SoriaDecember 02, 2024 An act to amend Section 65589.9 of the Government Code, relating to housing. LEGISLATIVE COUNSEL'S DIGESTAB 36, as amended, Soria. Housing elements: prohousing designation.Existing law, the Planning and Zoning Law, requires a city or county to adopt a general plan for land use development within its boundaries that includes, among other things, a housing element. The law requires the Department of Housing and Community Development (HCD) to determine whether the housing element is in substantial compliance with specified provisions of that law. Existing law requires HCD to designate jurisdictions as prohousing pursuant to emergency regulations adopted by HCD, as prescribed, and to report those designations to the Office of Land Use and Climate Innovation. Existing law specifies that these emergency regulations will remain in effect until HCD promulgates permanent prohousing regulations.This bill would instead require HCD to designate jurisdictions as prohousing pursuant to permanent regulations adopted by HCD to implement these provisions, as specified. Beginning with the 7th housing element cycle, the bill would require HCD to use evaluate materials from a nonentitlement jurisdictions housing element submission when determining whether the jurisdiction qualifies as prohousing. prohousing, but only with respect to those nonentitlement jursidictions that have a compliant housing element. The bill would also prohibit HCD from requiring nonentitlement jurisdictions with populations less than 100,000 persons to renew their prohousing designation before the next housing element cycle, as provided. for at least 5 years. The bill would define nonentitlement jurisdiction for these purposes to mean either a city with a population of fewer than 50,000 persons or a county with a population of fewer than 200,000 persons.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 qualifying infill area portion of the Infill Incentive Grant Program of 2007 established by Section 53545.13 of the Health and Safety Code.(4) The qualifying infill area and catalytic qualifying infill area portions of the Infill Infrastructure Grant Program of 2019 established by Section 53559 of the Health and Safety Code.(5) Additional bonus points may be awarded to other state programs when already allowable under state law.(c) (1) The department shall designate jurisdictions as prohousing pursuant to the permanent regulations adopted pursuant to subdivision (d) and report these designations to the Office of Land Use and Climate Innovation, and any other applicable agency or department, annually and upon request.(2) (A) Beginning with the seventh housing element cycle, the department shall, to the extent feasible, evaluate materials from a nonentitlement jurisdictions housing element submission, pursuant to Section 65585, for evidence of prohousing local policies in order to minimize the need for jurisdictions to submit supplementary documentation.(B) The department shall only conduct the evaluation described in subparagraph (A) for nonentitlement jurisdictions that have a compliant housing element.(3) (A) The department shall not require nonentitlement jurisdictions with populations of fewer than 100,000 persons to renew their prohousing designations until the next housing element cycle. for at least five years.(B) This paragraph shall not be construed to limit the authority of the department to revoke a jurisdictions prohousing designation.(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 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.(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.(3) Nonentitlement jurisdiction means either of the following:(A) A city with a population of fewer than 50,000 persons.(B) A county with a population of fewer than 200,000 persons.(3)(4) 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 Article 2 (commencing with Section 66314) of Chapter 13, 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.
Amended IN Assembly March 19, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 36Introduced by Assembly Member SoriaDecember 02, 2024 An act to amend Section 65589.9 of the Government Code, relating to housing. LEGISLATIVE COUNSEL'S DIGESTAB 36, as amended, Soria. Housing elements: prohousing designation.Existing law, the Planning and Zoning Law, requires a city or county to adopt a general plan for land use development within its boundaries that includes, among other things, a housing element. The law requires the Department of Housing and Community Development (HCD) to determine whether the housing element is in substantial compliance with specified provisions of that law. Existing law requires HCD to designate jurisdictions as prohousing pursuant to emergency regulations adopted by HCD, as prescribed, and to report those designations to the Office of Land Use and Climate Innovation. Existing law specifies that these emergency regulations will remain in effect until HCD promulgates permanent prohousing regulations.This bill would instead require HCD to designate jurisdictions as prohousing pursuant to permanent regulations adopted by HCD to implement these provisions, as specified. Beginning with the 7th housing element cycle, the bill would require HCD to use evaluate materials from a nonentitlement jurisdictions housing element submission when determining whether the jurisdiction qualifies as prohousing. prohousing, but only with respect to those nonentitlement jursidictions that have a compliant housing element. The bill would also prohibit HCD from requiring nonentitlement jurisdictions with populations less than 100,000 persons to renew their prohousing designation before the next housing element cycle, as provided. for at least 5 years. The bill would define nonentitlement jurisdiction for these purposes to mean either a city with a population of fewer than 50,000 persons or a county with a population of fewer than 200,000 persons.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
Amended IN Assembly March 19, 2025
Amended IN Assembly March 19, 2025
CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION
Assembly Bill
No. 36
Introduced by Assembly Member SoriaDecember 02, 2024
Introduced by Assembly Member Soria
December 02, 2024
An act to amend Section 65589.9 of the Government Code, relating to housing.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 36, as amended, Soria. Housing elements: prohousing designation.
Existing law, the Planning and Zoning Law, requires a city or county to adopt a general plan for land use development within its boundaries that includes, among other things, a housing element. The law requires the Department of Housing and Community Development (HCD) to determine whether the housing element is in substantial compliance with specified provisions of that law. Existing law requires HCD to designate jurisdictions as prohousing pursuant to emergency regulations adopted by HCD, as prescribed, and to report those designations to the Office of Land Use and Climate Innovation. Existing law specifies that these emergency regulations will remain in effect until HCD promulgates permanent prohousing regulations.This bill would instead require HCD to designate jurisdictions as prohousing pursuant to permanent regulations adopted by HCD to implement these provisions, as specified. Beginning with the 7th housing element cycle, the bill would require HCD to use evaluate materials from a nonentitlement jurisdictions housing element submission when determining whether the jurisdiction qualifies as prohousing. prohousing, but only with respect to those nonentitlement jursidictions that have a compliant housing element. The bill would also prohibit HCD from requiring nonentitlement jurisdictions with populations less than 100,000 persons to renew their prohousing designation before the next housing element cycle, as provided. for at least 5 years. The bill would define nonentitlement jurisdiction for these purposes to mean either a city with a population of fewer than 50,000 persons or a county with a population of fewer than 200,000 persons.
Existing law, the Planning and Zoning Law, requires a city or county to adopt a general plan for land use development within its boundaries that includes, among other things, a housing element. The law requires the Department of Housing and Community Development (HCD) to determine whether the housing element is in substantial compliance with specified provisions of that law. Existing law requires HCD to designate jurisdictions as prohousing pursuant to emergency regulations adopted by HCD, as prescribed, and to report those designations to the Office of Land Use and Climate Innovation. Existing law specifies that these emergency regulations will remain in effect until HCD promulgates permanent prohousing regulations.
This bill would instead require HCD to designate jurisdictions as prohousing pursuant to permanent regulations adopted by HCD to implement these provisions, as specified. Beginning with the 7th housing element cycle, the bill would require HCD to use evaluate materials from a nonentitlement jurisdictions housing element submission when determining whether the jurisdiction qualifies as prohousing. prohousing, but only with respect to those nonentitlement jursidictions that have a compliant housing element. The bill would also prohibit HCD from requiring nonentitlement jurisdictions with populations less than 100,000 persons to renew their prohousing designation before the next housing element cycle, as provided. for at least 5 years. The bill would define nonentitlement jurisdiction for these purposes to mean either a city with a population of fewer than 50,000 persons or a county with a population of fewer than 200,000 persons.
## 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 qualifying infill area portion of the Infill Incentive Grant Program of 2007 established by Section 53545.13 of the Health and Safety Code.(4) The qualifying infill area and catalytic qualifying infill area portions of the Infill Infrastructure Grant Program of 2019 established by Section 53559 of the Health and Safety Code.(5) Additional bonus points may be awarded to other state programs when already allowable under state law.(c) (1) The department shall designate jurisdictions as prohousing pursuant to the permanent regulations adopted pursuant to subdivision (d) and report these designations to the Office of Land Use and Climate Innovation, and any other applicable agency or department, annually and upon request.(2) (A) Beginning with the seventh housing element cycle, the department shall, to the extent feasible, evaluate materials from a nonentitlement jurisdictions housing element submission, pursuant to Section 65585, for evidence of prohousing local policies in order to minimize the need for jurisdictions to submit supplementary documentation.(B) The department shall only conduct the evaluation described in subparagraph (A) for nonentitlement jurisdictions that have a compliant housing element.(3) (A) The department shall not require nonentitlement jurisdictions with populations of fewer than 100,000 persons to renew their prohousing designations until the next housing element cycle. for at least five years.(B) This paragraph shall not be construed to limit the authority of the department to revoke a jurisdictions prohousing designation.(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 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.(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.(3) Nonentitlement jurisdiction means either of the following:(A) A city with a population of fewer than 50,000 persons.(B) A county with a population of fewer than 200,000 persons.(3)(4) 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 Article 2 (commencing with Section 66314) of Chapter 13, 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 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 qualifying infill area portion of the Infill Incentive Grant Program of 2007 established by Section 53545.13 of the Health and Safety Code.(4) The qualifying infill area and catalytic qualifying infill area portions of the Infill Infrastructure Grant Program of 2019 established by Section 53559 of the Health and Safety Code.(5) Additional bonus points may be awarded to other state programs when already allowable under state law.(c) (1) The department shall designate jurisdictions as prohousing pursuant to the permanent regulations adopted pursuant to subdivision (d) and report these designations to the Office of Land Use and Climate Innovation, and any other applicable agency or department, annually and upon request.(2) (A) Beginning with the seventh housing element cycle, the department shall, to the extent feasible, evaluate materials from a nonentitlement jurisdictions housing element submission, pursuant to Section 65585, for evidence of prohousing local policies in order to minimize the need for jurisdictions to submit supplementary documentation.(B) The department shall only conduct the evaluation described in subparagraph (A) for nonentitlement jurisdictions that have a compliant housing element.(3) (A) The department shall not require nonentitlement jurisdictions with populations of fewer than 100,000 persons to renew their prohousing designations until the next housing element cycle. for at least five years.(B) This paragraph shall not be construed to limit the authority of the department to revoke a jurisdictions prohousing designation.(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 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.(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.(3) Nonentitlement jurisdiction means either of the following:(A) A city with a population of fewer than 50,000 persons.(B) A county with a population of fewer than 200,000 persons.(3)(4) 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 Article 2 (commencing with Section 66314) of Chapter 13, 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 qualifying infill area portion of the Infill Incentive Grant Program of 2007 established by Section 53545.13 of the Health and Safety Code.(4) The qualifying infill area and catalytic qualifying infill area portions of the Infill Infrastructure Grant Program of 2019 established by Section 53559 of the Health and Safety Code.(5) Additional bonus points may be awarded to other state programs when already allowable under state law.(c) (1) The department shall designate jurisdictions as prohousing pursuant to the permanent regulations adopted pursuant to subdivision (d) and report these designations to the Office of Land Use and Climate Innovation, and any other applicable agency or department, annually and upon request.(2) (A) Beginning with the seventh housing element cycle, the department shall, to the extent feasible, evaluate materials from a nonentitlement jurisdictions housing element submission, pursuant to Section 65585, for evidence of prohousing local policies in order to minimize the need for jurisdictions to submit supplementary documentation.(B) The department shall only conduct the evaluation described in subparagraph (A) for nonentitlement jurisdictions that have a compliant housing element.(3) (A) The department shall not require nonentitlement jurisdictions with populations of fewer than 100,000 persons to renew their prohousing designations until the next housing element cycle. for at least five years.(B) This paragraph shall not be construed to limit the authority of the department to revoke a jurisdictions prohousing designation.(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 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.(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.(3) Nonentitlement jurisdiction means either of the following:(A) A city with a population of fewer than 50,000 persons.(B) A county with a population of fewer than 200,000 persons.(3)(4) 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 Article 2 (commencing with Section 66314) of Chapter 13, 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 qualifying infill area portion of the Infill Incentive Grant Program of 2007 established by Section 53545.13 of the Health and Safety Code.(4) The qualifying infill area and catalytic qualifying infill area portions of the Infill Infrastructure Grant Program of 2019 established by Section 53559 of the Health and Safety Code.(5) Additional bonus points may be awarded to other state programs when already allowable under state law.(c) (1) The department shall designate jurisdictions as prohousing pursuant to the permanent regulations adopted pursuant to subdivision (d) and report these designations to the Office of Land Use and Climate Innovation, and any other applicable agency or department, annually and upon request.(2) (A) Beginning with the seventh housing element cycle, the department shall, to the extent feasible, evaluate materials from a nonentitlement jurisdictions housing element submission, pursuant to Section 65585, for evidence of prohousing local policies in order to minimize the need for jurisdictions to submit supplementary documentation.(B) The department shall only conduct the evaluation described in subparagraph (A) for nonentitlement jurisdictions that have a compliant housing element.(3) (A) The department shall not require nonentitlement jurisdictions with populations of fewer than 100,000 persons to renew their prohousing designations until the next housing element cycle. for at least five years.(B) This paragraph shall not be construed to limit the authority of the department to revoke a jurisdictions prohousing designation.(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 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.(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.(3) Nonentitlement jurisdiction means either of the following:(A) A city with a population of fewer than 50,000 persons.(B) A county with a population of fewer than 200,000 persons.(3)(4) 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 Article 2 (commencing with Section 66314) of Chapter 13, 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 qualifying infill area portion of the Infill Incentive Grant Program of 2007 established by Section 53545.13 of the Health and Safety Code.(4) The qualifying infill area and catalytic qualifying infill area portions of the Infill Infrastructure Grant Program of 2019 established by Section 53559 of the Health and Safety Code.(5) Additional bonus points may be awarded to other state programs when already allowable under state law.(c) (1) The department shall designate jurisdictions as prohousing pursuant to the permanent regulations adopted pursuant to subdivision (d) and report these designations to the Office of Land Use and Climate Innovation, and any other applicable agency or department, annually and upon request.(2) (A) Beginning with the seventh housing element cycle, the department shall, to the extent feasible, evaluate materials from a nonentitlement jurisdictions housing element submission, pursuant to Section 65585, for evidence of prohousing local policies in order to minimize the need for jurisdictions to submit supplementary documentation.(B) The department shall only conduct the evaluation described in subparagraph (A) for nonentitlement jurisdictions that have a compliant housing element.(3) (A) The department shall not require nonentitlement jurisdictions with populations of fewer than 100,000 persons to renew their prohousing designations until the next housing element cycle. for at least five years.(B) This paragraph shall not be construed to limit the authority of the department to revoke a jurisdictions prohousing designation.(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 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.(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.(3) Nonentitlement jurisdiction means either of the following:(A) A city with a population of fewer than 50,000 persons.(B) A county with a population of fewer than 200,000 persons.(3)(4) 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 Article 2 (commencing with Section 66314) of Chapter 13, 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 qualifying infill area portion of the Infill Incentive Grant Program of 2007 established by Section 53545.13 of the Health and Safety Code.
(4) The qualifying infill area and catalytic qualifying infill area portions of the Infill Infrastructure Grant Program of 2019 established by Section 53559 of the Health and Safety Code.
(5) Additional bonus points may be awarded to other state programs when already allowable under state law.
(c) (1) The department shall designate jurisdictions as prohousing pursuant to the permanent regulations adopted pursuant to subdivision (d) and report these designations to the Office of Land Use and Climate Innovation, and any other applicable agency or department, annually and upon request.
(2) (A) Beginning with the seventh housing element cycle, the department shall, to the extent feasible, evaluate materials from a nonentitlement jurisdictions housing element submission, pursuant to Section 65585, for evidence of prohousing local policies in order to minimize the need for jurisdictions to submit supplementary documentation.
(B) The department shall only conduct the evaluation described in subparagraph (A) for nonentitlement jurisdictions that have a compliant housing element.
(3) (A) The department shall not require nonentitlement jurisdictions with populations of fewer than 100,000 persons to renew their prohousing designations until the next housing element cycle. for at least five years.
(B) This paragraph shall not be construed to limit the authority of the department to revoke a jurisdictions prohousing designation.
(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 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.
(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.
(3) Nonentitlement jurisdiction means either of the following:
(A) A city with a population of fewer than 50,000 persons.
(B) A county with a population of fewer than 200,000 persons.
(3)
(4) 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 Article 2 (commencing with Section 66314) of Chapter 13, 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.