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Proponents of SB 910 continue to push for a legal local resource and habitat preservation requirements, and standard which would appear to shift "enforcement" away laws that promote the protection of open space and from the question of local government compliance with agricultural lands. Asolution must be developed, If housing housing element law, to a standard which requires defer- element law is to be "enforced" then local governments need ence to the opinion of the Department of Housing and specific relief from any other state law which conflicts with Community Development (HCD). in addition, the propo- the local government's ability to comply with housing nents of SB 910 have advocated for uncapped fines, element law. SB 910 currently reforms some State and Regional · Legal Protectio. For Local Governments Which RHNA processes.as advocated by the League and other local Approve Housing. Local governments often find that even government types. Reforms include synchronizing the when they approve affordable housing, they are sued by adoption of housing elements with regional transportation environmental and other groups that oppose the devetop- plans; and improving the RHNA appeals process by imposing merit. Local governments reed some additional protections limits on third-party commentary on local housing elements, from these lawsuits Although the working group has These changes, while largely positive, are clearly not worth discu: ~ed some lar~guage, it is not included in the bill in print, an enforcement package that is unacceptable to local governments. No Fiscal Tools or Incentives. Local govern- ments lack the resources needed to pay for the infrastruc- The following additional issues remain outstanding: ture and services generated by new housing. SB 910 does not include the fiscal tools and incentives needed to assist Implementation, Local governments are recep- with the actual development of housing. Although we rive to the need to identify methods by which HCD can to recognize the existing state budgetar~ problems, if addi- ensure that local governments are making good-faith efforts tional tools and incentives to address these problems are not to implement their housing elements. But we have serious provided, then the housing element process must recognize concerns with other proposals which would allow the the limitations on local governments' ability to accommo- department to unilaterally rescind compliance for "any" date additional housing. actions undertaken by a city council or board of supervi- sors, based upon concerns it may have with changes to Will Good-Faith Efforts Continue? it is in the best other local laws and policies. Cities and counties would be in interests of all parties to continue in the good-faith discus- constant jeopardy of non-compliance with their housing sions conducted over the past months under the leadership element, impacting the validity of the entire general plan. of Assembly Members Lowenthal and Wiggins. Local governments are committed to continuing in these discus- HCD Review Issues: SB 910 does not include sions in an effort to put together a balanced compromise reforms to the HCD review process to ensure a more package all parties can support. However, the negotiations objective and meaningful review process. Local govern- appear to be reaching a crisis point over the enforcement ments need clarity as to what constitutes HCD approval, issue. It is clear that if an agreement that is acceptable to ]-he League, CSAC and APA continue to work with HCD on the parties on the enforcement issue cannot be forged, then these review reforms, We do not have a commitment that the opportunity for a broad package of reforms on the these will be included in SB 910. Progress on these issues housing element issue will be lost. must be a part of any legislation where additional enforce- ment is required. ' Contacts with your Assembly Members at this time are absolutely critical! Cities need to make sure their · Conflicting State Laws and Policies. SB910 legislators continue to understand their concerns over does not address the major problem of conflicting state laws housing elements. Ask them to reject any legislation that and policies: The housing element review process focuses on does not reflect a balanced agreement, and takes a punitive housing only, it fails to recognize the balancing act that approach to enforcement, local governments face in complying with conflicting state and federal environmenta} protection standards, including Questions? Contact Dan Carrigg, 916-658-8222, or e- mail carriggd@cacities.org. Visit the League's Official Web Site--t~vw.cacities.or§ PRIORITY FOCUS/PAG£ 7