SB 8 — Housing Crisis Act of 2019.

Summary

Existing law, the Housing Crisis Act of 2019, requires a housing development project be subject only to the ordinances, policies, and standards adopted and in effect when a preliminary application is submitted, except as specified. The act defines "housing development project" to mean a use consisting of residential units only, mixed-use developments consisting of residential and nonresidential uses with at least 23 of the square footage designated for residential use, and transitional or supportive housing. This bill would clarify, for various purposes of the act, that "housing development project" includes projects that involve no discretionary approvals, projects that involve both discretionary and nondiscretionary approvals, and projects that include a proposal to construct a single dwelling unit. The bill would specify that this clarification is declaratory of existing law, except that the clarification does not affect a project for which an application was submitted to the city, county, or city and county before January 1, 2022. Existing law specifies that the act does not prohibit a housing development project from being subject to ordinances, policies, and standards adopted after the preliminary application was submitted in certain circumstances, including when the housing development project has not commenced construction within 2.5 years following the date that the project received final approval. This bill would specify that the act does not prohibit a housing development project that is an affordable housing project, as defined, from being subject to ordinances, policies, and standards adopted after the preliminary application was submitted if the project has not commenced construction within 3.5 years. Existing law prohibits an affected county or an affected city from approving a housing development project that requires the demolition of occupied or vacant protected units, as defined, unless the developer agrees to provide the occupants of any protected units with relocation benefits and a right of first refusal for a comparable unit available in the new housing development affordable to the household at an affordable rent or an affordable housing cost. This bill would limit the requirement to provide relocation benefits and a right of first refusal to only the occupants of protected units that are lower income households, as defined. The bill would also specify that the requirement to provide relocation benefits and a right of first refusal does not apply to an occupant of a short-term rental that is rented for a period of fewer than 30 days. The bill would exempt from these provisions, a housing development project for which an application was submitted after January 1, 2019, but before January 1, 2020, that is located in a jurisdiction with a population of under 31,000, and that has adopted a rent or price control ordinance. This bill would exempt certain protected units from the above requirement to provide a right of first refusal, including a development project that consists of a single residential unit located on a site where a single protected unit is being demolished. The bill would also exempt protected units in a housing development where 100% of the units are reserved for lower income households, not including any manager's units, unless the occupant of a protected unit qualifies for residence in the new development and the occupant is not precluded from occupancy due to unit size limitations or other requirements of one or more funding source of the housing development. Existing law requires the department to determine the affected cities and affected counties for purposes of the act, by June 30, 2020, and authorizes the department to update the list of affected cities and affected counties once on or after January 1, 2021, as specified. Existing law provides that the department's determinations remain valid until January 1, 2025. This bill would authorize the department to update the list of affected cities and affected counties a 2nd time on or after January 1, 2025. The bill would provide that the department's determinations remain valid until January 1, 2030. Existing law prohibits an affected county or affected city from reducing the intensity of land use within an existing general plan land use designation, specific plan land use designation, or zoning district below what was allowed and in effect on January 1, 2018. This bill would clarify that this prohibition applies to the general plan land use designations, specific plan land use designations, and zoning districts in effect at the time of the proposed change. Existing law specifies that the act does not prohibit an affected county or an affected city from changing a land use designation or zoning ordinance to a less intensive use if the city or county concurrently changes the development standards, policies, and conditions applicable to other parcels within the jurisdiction to ensure that there is no net loss in residential capacity. This bill would define "concurrently" to mean that the action is approved at the same meeting of the legislative body or, if the action that would result in a net loss of residential capacity is requested by an applicant for a housing development project, within 180 days. The bill would, in the case of an initiative measure, define "concurrently" to mean that the action is included in the initiative in a manner that ensures the added residential capacity is effective at the same time as the reduction in residential capacity. Existing law makes the act inoperative on January 1, 2025. This bill would extend the operation of the act until January 1, 2030. By extending the duties of local officials and a crime with respect to housing, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. This bill would incorporate additional changes to Sections 65940 and 65941.1 of the Government Code proposed by SB 37 to be operative only if this bill and SB 37 are enacted and this bill is enacted last.

Bill Text

• Chaptered 09/16/21 - Chaptered Current pdf September 16, 2021
• Enrolled 09/03/21 - Enrolled pdf September 03, 2021
• Amended 08/26/21 - Amended Assembly pdf August 26, 2021
• Amended 07/05/21 - Amended Assembly pdf July 05, 2021
• Amended 06/01/21 - Amended Assembly pdf June 01, 2021
• Amended 05/03/21 - Amended Senate pdf May 03, 2021
• Amended 03/18/21 - Amended Senate pdf March 18, 2021
• Amended 03/10/21 - Amended Senate pdf March 10, 2021
• Introduced 12/07/20 - Introduced pdf December 07, 2020
• SB8 View text html

Action History

1. September 16, 2021

   Chaptered by Secretary of State. Chapter 161, Statutes of 2021.

2. September 16, 2021

   Approved by the Governor.

3. September 09, 2021

   Enrolled and presented to the Governor at 1 p.m.

4. September 01, 2021

   Assembly amendments concurred in. (Ayes 30. Noes 3. Page 2278.) Ordered to engrossing and enrolling.

5. August 31, 2021

   In Senate. Concurrence in Assembly amendments pending.

6. August 30, 2021

   Read third time. Passed. (Ayes 67. Noes 1. Page 2567.) Ordered to the Senate.

7. August 26, 2021

   Ordered to third reading.

8. August 26, 2021

   Read third time and amended.

9. August 23, 2021

   Read second time. Ordered to third reading.

10. August 19, 2021

    From committee: Do pass. (Ayes 16. Noes 0.) (August 19).

11. July 05, 2021

    Read second time and amended. Re-referred to Com. on APPR.

12. July 01, 2021

    From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 1.) (June 30).

13. June 23, 2021

    From committee: Do pass and re-refer to Com. on L. GOV. (Ayes 6. Noes 0.) (June 22). Re-referred to Com. on L. GOV.

14. June 01, 2021

    From committee with author's amendments. Read second time and amended. Re-referred to Com. on H. & C.D.

15. May 28, 2021

    Referred to Coms. on H. & C.D. and L. GOV.

16. May 24, 2021

    In Assembly. Read first time. Held at Desk.

17. May 24, 2021

    Read third time. Passed. (Ayes 30. Noes 2. Page 1228.) Ordered to the Assembly.

18. May 18, 2021

    Read second time. Ordered to third reading.

19. May 17, 2021

    From committee: Be ordered to second reading pursuant to Senate Rule 28.8.

20. May 07, 2021

    Set for hearing May 17.

21. May 03, 2021

    Read second time and amended. Re-referred to Com. on APPR.

22. April 29, 2021

    From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 8. Noes 1. Page 986.) (April 29).

23. April 06, 2021

    Set for hearing April 29.

24. March 25, 2021

    From committee: Do pass and re-refer to Com. on HOUSING. (Ayes 5. Noes 0. Page 632.) (March 25). Re-referred to Com. on HOUSING.

25. March 19, 2021

    Set for hearing March 25.

26. March 18, 2021

    From committee with author's amendments. Read second time and amended. Re-referred to Com. on GOV. & F.

27. March 18, 2021

    Re-referred to Coms. on GOV. & F. and HOUSING.

28. March 10, 2021

    From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.

29. January 28, 2021

    Referred to Com. on RLS.

30. December 08, 2020

    From printer. May be acted upon on or after January 7.

31. December 07, 2020

    Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

• Skinner · Primary
• Anna M. Caballero · Cosponsor

Votes

Subjects