What is AB (Assembly Bill) 101? Do residents have a say in this building? When was this established?
A Brief Summary of AB 101
Housing Element
All residents must understand that there is a housing crisis in California. These housing laws were established years ago. Many Cities have ignored AB 101 and have not established a plan to address this crisis.
City councils have the authority and are obligated to make plans for affordable housing. People cannot afford buying and renting housing. This affects students, Seniors, single parents, veterans, and the homeless.
Without affordable housing, there will be an increase of homelessness from all walks of life.
Yes, and cities that do not comply with the mandated laws will be fined anywhere from $10,000 to $600,000 a month. With this fine, many cities will go bankrupt very quickly.
The old days of large lots are over, too costly. How many people can afford large lots?
AB 101 requires HCD to publish an annual list of cities that have failed to adopt a HCD certified housing element. If HCD puts a city on the list, the city has an opportunity for two meetings to discuss its housing element and HCD must provide city written findings supporting its determination. A city may also request de novo review of its last element. HCD must issue written findings in response to the de novo review. A city may challenge HCD’s findings in a court to determine whether a city’s housing element substantially complies with the law and that determination carries the same weight as HCD certification.
If the Attorney General sues a city, a court finds that its housing element does not substantially comply with state law, and the city fails to bring the housing element into compliance, a court may impose fines ranging from $10,000 to $600,000 per month with the generated revenue deposited into the Building Homes and Jobs Trust Fund. The State Controller may intercept state and local funds if the fines are not paid. Additionally, extra points and other preferences will be awarded for certain state funding programs for cities that have adopted undetermined “pro-housing” policies.
Local Government Planning Support Grants Program
AB 101 makes available $250 million to regions, cities, and counties for planning activities to accelerate housing production and facilitate implementation of Regional Housing Needs Allocation (RHNA). $125 million will be available to councils of governments and other regional entities, with the remaining $125 million available to cities and counties. These dollars may be used for:
- Rezoning and updating planning documents.
- Completing environmental clearance to eliminate need for project-specific review.
- Infrastructure planning; and
- Developing or improving accessory dwelling unit ordinance.
Infill Infrastructure Grant Program of 2019
AB 101 makes available $500 million for competitive funding for a “qualifying infill project” or “qualifying infill area.” A qualifying infill project is a residential or mixed-use project located in an urbanized area in a city with an HCD-compliant housing element. Grant funds can be used for “capital improvement projects” to facilitate the development of a qualifying infill project or area such as:
- Water, sewer, or other utility improvements.
- Streets, roads, transit.
- Project site preparation; and
- Sidewalk or streetscape improvement.
Homelessness: Funding and Programs
AB 101 makes $650 million available for one-time grants to cities, counties, and continuums of care to support regional coordination, expand or develop local capacity, and address immediate homelessness challenges. All awards will be based on the applicant’s proportionate share of the state’s total homeless population.
- $275 million will be available to cities or a city and county that has a population of more than 300,000.
$175 million will be available to counties.
- $190 million will be available to continuums of care.
Low Barrier Navigation Centers
AB 101 would require a low barrier navigation center be permitted as a “use by right” if it meets specified requirements. Within 30 days of receiving an application for a center, a city must notify the applicant whether the application is complete. Within 60 days of a completed application, the city must act on the application.
State Low Income Housing Tax Credit
AB 101 also increases the state low-income housing tax credit to $500 million for the 2020 calendar year.