Gov. Code § 65589.11

Monthly list of noncompliant jurisdictionsTITLE 7. PLANNING AND LAND USE › DIVISION 1. PLANNING AND ZONING › CHAPTER 3. Local Planning › ARTICLE 10.6. Housing Elements

Key provisions · Claude summary, not statute text

Requires HCD to publish a monthly list of jurisdictions without a substantially compliant housing element and provides notice, meetings, and de novo review for listed jurisdictions that would lose funding.

Noncompliance list. HCD must post monthly a list of jurisdictions without a housing element found in substantial compliance, and provide it to OPR and other agencies annually by July 1 or on request. (a)
Notice. HCD must notify a jurisdiction on its first inclusion, with copies to its legislative body. (b)
Meetings and findings. A listed jurisdiction that would be denied funding under a listed program it previously applied for must be offered two meetings and given written findings on its noncompliance; prior § 65585(k) meetings satisfy this. (c)
De novo review. Within 30 days of being listed after adopting an element under § 65585(f)(2), such a jurisdiction may request de novo review; HCD must issue findings within 90 days, and the jurisdiction may sue within 30 days of adverse findings. This does not affect funding for unlisted jurisdictions and does not apply if a housing element compliance lawsuit has been filed. (d)
Program list. By January 1, 2023, and annually, HCD must publish programs whose funding eligibility depends on a compliant housing element, excluding programs with such a requirement before this section’s effective date. (e)
Operative date. Subdivisions (c) and (d) become operative once at least one program is on the list; the section does not affect actions filed on or before its effective date. (f), (g)

Paraphrased from the statute text; each point cites its subdivision. Check the text before relying on it.

§ 65589.117 subdivisions

(a)Monthly list of noncompliant jurisdictions

The department shall post on its internet website each month a list of jurisdictions that have failed to adopt a housing element that has been found by the department to be in substantial compliance with the requirements of this article pursuant to Section 65585. The department shall, on an annual basis, by July 1, or upon request, provide the most recent version of the list to the Office of Planning and Research and any other applicable agency or department.

(b)Notice of inclusion on the list

If a jurisdiction has not previously received notice of its inclusion, the department shall notify the jurisdiction of its inclusion upon the first occurrence of this inclusion. A copy of all notifications sent to a jurisdiction shall also be submitted to the legislative body of the jurisdiction.

(c)Funding eligibility after adopting an element

If a jurisdiction, after the effective date of this section, is included on the list described in subdivision (a), and, on the basis of that inclusion, would be denied funding under any program that is listed pursuant to subdivision (e) and under which the jurisdiction previously applied for funding, the department shall offer the jurisdiction the opportunity for two meetings in person or via telephone to discuss the jurisdiction’s failure to adopt a housing element that is found to be in substantial compliance with the requirements of this article pursuant to Section 65585, and shall provide the jurisdiction written findings regarding that failure. Meetings previously offered pursuant to subdivision (k) of Section 65585 shall satisfy the requirements of this subdivision.

(d)Request for funding after adoption

Within 30 days of a jurisdiction both appearing on the list published pursuant to subdivision (a), and also having adopted a housing element pursuant to paragraph (2) of subdivision (f) of Section 65585, a jurisdiction that, on the basis of its inclusion on the list published pursuant to subdivision (a), would be denied funding under any program that is listed pursuant to subdivision (e) and under which the jurisdiction previously applied for funding may request, in writing, that the department review de novo the jurisdiction’s last housing element adopted pursuant to paragraph (2) of subdivision (f) of Section 65585. Within 90 days of receipt of the request, the department shall issue written findings as to whether the housing element has been found by the department to be in substantial compliance with the requirements of this article pursuant to Section 65585. If the department’s written findings state that the jurisdiction’s housing element is not in substantial compliance with the requirements of this article pursuant to Section 65585, then the city, county, or city and county may, within 30 days of receiving those written findings, bring an action to challenge the department’s determination. Any action pursuant to this subdivision shall not impact the allocation of funds for jurisdictions not appearing on the list published pursuant to subdivision (a) for any programs identified in subdivision (e). This subdivision shall not apply if a lawsuit has been filed against that jurisdiction for housing element compliance.

(e)Annual list of contingent funding programs

On or before January 1, 2023, and annually thereafter, the department shall publish on its internet website a list of programs, if any, where eligibility for funding is contingent upon a jurisdiction having adopted a housing element that has been found by the department to be in substantial compliance with the requirements of this article pursuant to Section 65585. The list shall not include any program where eligibility for funding is contingent upon a housing element that has been found by the department to be in substantial compliance with the requirements of this article pursuant to Section 65585 on or before the effective date of this section.

(f)Operative date of subdivisions (c) and (d)

Subdivisions (c) and (d) of this section shall become operative upon the inclusion of at least one program on the list published pursuant to subdivision (e).

(g)Pending actions unaffected

This section shall not affect any action filed on or before the effective date of this section.

Source. California Code text from the Legislature's bulk download (the same data as leginfo), reproduced character for character (spacing normalized). Current page on leginfo ↗

History. (Amended by Stats. 2023, Ch. 40, Sec. 6. (AB 129) Effective July 10, 2023.)

Cites, in this navigator. Gov. Code § 65585

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Statute text comes from the California Legislative Information page saved for this section; spacing and line breaks are normalized and every other character is reproduced as published. Check leginfo for any amendment made after the page was saved. Not legal advice.

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