2018 Regular Session ENROLLED
SENATE BILL NO. 462
BY SENATOR MARTINY
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
18 Act".
19 §5002. Findings and purpose
20 A. The legislature finds that:
21 (1) In many municipalities and parishes, there is a serious shortage of decent,
22 safe, and sanitary residential housing available at prices or rents that are affordable
23 to low and moderate income families.
24 (2) The affordable housing shortage constitutes a danger to the health, safety,
25 and welfare of all residents of the state and is a barrier to sound growth and
26 sustainable economic development for the state's municipalities and parishes.
27 (3) These conditions have been were exacerbated by the damage to the
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1 state's housing stock caused by Hurricane Rita and Hurricane Katrina and have
2 remained persistent since.
3 (4) The state will undergo an unprecedented residential construction boom
4 over the next decade to restore housing for hurricane victims and new residents to
5 the state in both damaged parishes and receiving parishes.
6 (5) While pre-hurricane concentrated poverty contributed to social isolation
7 and its concurrent ills, mixed income communities have proven to hold better social
8 outcomes for all residents, including better education, workforce, and health
9 outcomes.
10 (6) Hundreds of jurisdictions and a dozen states have adopted economic
11 incentive planning and implementation policies to deliver economically integrated
12 housing development through inclusionary zoning voluntary economic incentive
13 policies to ensure all sectors of housing need are securely met.
14 (7) Inclusionary zoning Economic incentive policies, which requires all
15 induce residential developments of a certain scale to include the development of
16 affordable housing along with market rate housing, has proven a highly effective
17 strategy to build on the expertise of private developers, while compensating them for
18 their contributions.
19 (8) It is in the state of Louisiana's best interest to incentivize housing
20 affordability for Louisiana residents by circumscribing regulatory burdens
21 imposed on the housing industry by municipalities, parishes, or any other
22 political subdivision of the state of Louisiana.
23 B.(1) * * *
24 (2) In the exercise of the police power of the state to protect the public health
25 and welfare and pursuant to the authority of the legislature to establish uniform
26 procedures for land use and zoning by law, this Part is enacted to provide authority
27 for and to permit municipalities and parishes to use inclusionary zoning voluntary
28 economic incentive policies to promote the development of affordable housing for
29 low and moderate income families, to the extent that such policies do not cause
30 a restraint on the alienation of real property.
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1 §5003. Inclusionary zoning Voluntary economic incentive policies
2 Any municipality or parish in the state that adopts land use or zoning
3 ordinances, resolutions, or regulations may adopt ordinances to provide for
4 inclusionary zoning voluntary economic incentive policies to increase the
5 availability of affordable dwelling units within the jurisdiction of the respective
6 municipality or parish.
7 Section 2. This Act shall become effective upon signature by the governor or, if not
8 signed by the governor, upon expiration of the time for bills to become law without signature
9 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
10 vetoed by the governor and subsequently approved by the legislature, this Act shall become
11 effective on the day following such approval.
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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words in boldface type and underscored are additions.