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2018 Regular Session
SENATE BILL NO. 462
BY SENATOR MARTINY
PLANNING/ZONING. Provides relative to the Louisiana Inclusionary Zoning and
Workforce Affordable Housing Act. (gov sig)
1 AN ACT
2 To amend and reenact the heading of Part VIII of Chapter 14 of Title 33 of the Louisiana
3 Revised Statutes of 1950, R.S. 33:5001, 5002(A) and (B)(2), and 5003, relative to
4 inclusionary zoning for affordable housing; to provide for findings and purpose; to
5 authorize and permit any municipality or parish with land use or zoning ordinances
6 or regulations to adopt ordinances for voluntary economic incentive policies for
7 affordable housing; and to provide for related matters.
8 Be it enacted by the Legislature of Louisiana:
9 Section 1. The heading of Part VIII of Chapter 14 of Title 33 of the Louisiana
10 Revised Statutes of 1950, R.S. 33:5001, 5002(A) and (B)(2), and 5003 are hereby amended
11 and reenacted to read as follows:
12 PART VIII. LOUISIANA INCLUSIONARY ZONING VOLUNTARY
13 ECONOMIC INCENTIVE P OLICIES AND WORKFORCE
14 AFFORDABLE HOUSING ACT
15 §5001. Short title
16 This Part shall be known and may be cited as the "Louisiana Inclusionary
17 Zoning Voluntary Economic Incentive Policies and Workforce Affordable Housing
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1 Act".
2 §5002. Findings and purpose
3 A. The legislature finds that:
4 (1) In many municipalities and parishes, there is a serious shortage of decent,
5 safe, and sanitary residential housing available at prices or rents that are affordable
6 to low and moderate income families.
7 (2) The affordable housing shortage constitutes a danger to the health, safety,
8 and welfare of all residents of the state and is a barrier to sound growth and
9 sustainable economic development for the state's municipalities and parishes.
10 (3) These conditions have been were exacerbated by the damage to the
11 state's housing stock caused by Hurricane Rita and Hurricane Katrina and have
12 remained persistent since.
13 (4) The state will undergo an unprecedented residential construction boom
14 over the next decade to restore housing for hurricane victims and new residents to
15 the state in both damaged parishes and receiving parishes.
16 (5) While pre-hurricane concentrated poverty contributed to social isolation
17 and its concurrent ills, mixed income communities have proven to hold better social
18 outcomes for all residents, including better education, workforce, and health
19 outcomes.
20 (6) Hundreds of jurisdictions and a dozen states have adopted economic
21 incentive planning and implementation policies to deliver economically integrated
22 housing development through inclusionary zoning voluntary economic incentive
23 policies to ensure all sectors of housing need are securely met.
24 (7) Inclusionary zoning Economic incentive policies, which requires all
25 induce residential developments of a certain scale to include the development of
26 affordable housing along with market rate housing, has proven a highly effective
27 strategy to build on the expertise of private developers, while compensating them for
28 their contributions.
29 (8) It is in the state of Louisiana's best interest to incentivize housing
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1 affordability for Louisiana residents by circumscribing regulatory burdens
2 imposed on the housing industry by municipalities, parishes, or any other
3 political subdivision of the state of Louisiana.
4 B.(1) * * *
5 (2) In the exercise of the police power of the state to protect the public health
6 and welfare and pursuant to the authority of the legislature to establish uniform
7 procedures for land use and zoning by law, this Part is enacted to provide authority
8 for and to permit municipalities and parishes to use inclusionary zoning voluntary
9 economic incentive policies to promote the development of affordable housing for
10 low and moderate income families, to the extent that such policies do not regulate
11 the sales or lease price for a residential housing unit or lot, or otherwise cause
12 a restraint on the alienation of real property.
13 §5003. Inclusionary zoning Voluntary economic incentive policies
14 Any municipality or parish in the state that adopts land use or zoning
15 ordinances, resolutions, or regulations may adopt ordinances to provide for
16 inclusionary zoning voluntary economic incentive policies to increase the
17 availability of affordable dwelling units within the jurisdiction of the respective
18 municipality or parish.
19 Section 2. This Act shall become effective upon signature by the governor or, if not
20 signed by the governor, upon expiration of the time for bills to become law without signature
21 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
22 vetoed by the governor and subsequently approved by the legislature, this Act shall become
23 effective on the day following such approval.
The original instrument was prepared by Michael Bell. The following digest,
which does not constitute a part of the legislative instrument, was prepared
by Michelle D. Ridge.
DIGEST
SB 462 Engrossed 2018 Regular Session Martiny
Present law states legislative findings relative to the need for and the benefits of inclusionary
zoning to provide for affordable housing.
Present law allows municipalities and parishes to use inclusionary zoning strategies to
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promote the development of affordable housing for low and moderate income families.
Present law authorizes any municipality or parish that adopts land use or zoning ordinances,
resolutions, or regulations to adopt ordinances to provide for inclusionary zoning to increase
the availability of affordable dwelling units.
Proposed law provides that a municipality or parish that adopts land use or zoning
ordinances, resolutions, or regulations may adopt ordinances to provide for voluntary
economic incentive policies to increase the availability of affordable dwelling units within
the jurisdiction of the respective municipality or parish.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 33:5001, 5002(A) and (B)(2), and 5003)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Commerce, Consumer
Protection, and International Affairs to the original bill
1. Makes technical changes.
2. Changes the term "inclusionary zoning" to "voluntary economic incentive
policies" in other provisions.
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