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A TTORNEV GENERAL from page 1 . . . . . On May 19, Attorney General Bill Lockyer issued Opinion 03-104, which stated that'the number of housing units identified by a community does not need to be identical to the community's total share of the regional housing needs, if the community's share of the regional housing needs exceeds the resources available to the community. In his analysis, the primary legal issue then became whether or not federal and state-housing funds should be considered resources available to a community. Citing Government Code Section 65583, subdivision (b)(2) , Lockyer found that federal and state housing funds constitute some of the resources of a community, and that other resources had to be considered before a commu- nity could establish a lower number of maximum housing units. The Attorney General concluded that: "A community may establish its maximum number of housing units by income category tf¡at can beconstrueled, rehabilitated, and consarved over the next five-year period below the number of housing units that would meet the community's goal of achieving its share of the regional housing needs established pursuant to the Planning and Zoning Law, if the community finds that its available re- sources in the aggregate, including but not limited to federal and state funds for its housing programs, its own local funds, tax or é/ensity credits, and other affordable housing programs, are insufficient to' meet those needs. " However, it is important to note that while the Attorney General's opinion recognizes there may be limited instances where the maximum number of housing units may be less than the assigned' , regional number, local agencies taking this a¡r proach should proceed cautiously. The opinion also noted that local agencies taking such an approach will have to defend their housing number under the "substantial evidence" standard (under Gov't Code section 65587) if challenged in court. To view the Attorney General's complete opin- ion, visit the League's website at: www.cacities.ora/ planninQ. &-/.1' .1: ~,.i.!!!!I. ~! !.f!. ~!! ! . ~':!!C?!'. The following are summaries of just a few of the legislative bills that are currently being acted upon by the League of California Cities. For more information about these and other bills, please visit the League website's new "Issues and Advocacy" page (www.cacities.org/ issuesandadvocacv) - a one-stop location to access information about legislation, policy issues and related developments. You can track information on bills (www.cacities.org/legtracking), locate legisla- tors and legislative committees, send letters to legislators or the media through the online Advocacy Center, research League policy positions, access useful related links, and much more. HOUSING SB 365 (Ducheny) Affordable Housing. This bill \NOuld apply to charter cities provisions in existing law which require that a multifamily residential housing project is a permitted use not subject to a conditional use permit on any parcel zoned for multi-family housing. It \NOuld also apply existing law to charter cities which requires each public agency or private eniity that provides water services at retail or sewer services give priority for the provision of available and future resources or services to proposed housing development that help a jurisdiction meet their share of the RHNA numbers for low-income households. Charter cities should review this bill for possible impacts. Staff: Dan Carrigg; Status: AsLG, Hearing June 15; Position: Review and Comment. SB 575 (Torlakson) Housing Development Projects. This bill would revise the conditions under state Anti-NIMBY Law upon which a disap- proval or conditional approval of a housing devel- opment project is based. The League had many concerns with the introduced version of this bill. Based upon our concerns, Senator Torlakson agreed to amend out (March 29 version) the most controversial language so that a \NOrking group Visit the League's Official Website--www.cacities.org PRIORITY FOCUS/PAGE 5