Section 65584.2.2 is added to the Government Code, to read:
(a) A local government within the same county as a tribe may enter into a voluntary agreement with a tribe to allow new tribal housing development projects to count toward the locality’s share of the regional housing needs allocation if all of the following conditions are met:
(1) (A) The local government executing the agreement has permitting authority over the site on which the tribal housing development is located.
(B) If the local government executing the agreement does not have permitting authority over the site on which the tribal housing development is located, the voluntary agreement shall demonstrate that the housing units will be built, including, but not limited to, one or more of the following:
(i) Agreement with the tribe regarding approvals, permits, certificates of occupancy, or reporting new units to the Department of Finance.
(ii) Documentation from the tribe demonstrating that planned housing has been approved to be built within the current regional housing needs allocation cycle.
(iii) Data pertaining to the timing of project construction and unit affordability by household income category.
(2) The tribal housing development is located on a site within the boundaries of, or contiguous to, the local government.
(3) The units in the tribal housing development meet the definition of housing unit, as defined by the United States Census Bureau.
(b) The local government shall not require a tribe to waive tribal sovereign immunity in order to enter into a voluntary agreement pursuant to this section.
(c) This section does not affect an existing tribal housing development that is being counted towards a locality’s share of the regional housing needs allocation regardless of whether a local government and a tribe enter into a voluntary agreement pursuant to this section.
(d) For purposes of this section, the following definitions apply:
(1) “Local government” means a city, including a charter city, a county, including a charter county, or a city and county, including a charter city and county.
(2) “Tribal housing development” means a housing development located on a site held in fee simple by a tribe or held in trust by the United States for the benefit of a tribe.
(3) “Tribe” means a federally recognized Native American tribe.
It is the intent of the Legislature that the Department of Housing and Community Development should be encouraged to approve units in a tribal housing development as counting toward the locality’s regional housing needs allocation if the conditions set forth in subdivision (a) of Section 65584.2.2 of the Government Code are met.
SEC. 3. The Legislature finds and declares that the lack of affordable housing is a matter of vital statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 1 of this act adding Section 65584.2.2 to the Government Code applies to all cities, including charter cities.
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