20250SB__096798AMD INTRODUCED 2026-02-03 AMENDED_SENATE 2026-03-26 2025 SB AMD Introduced by Senator Blakespear (Coauthor: Senator Archuleta) (Coauthor: Assembly Member Davies) LEAD_AUTHOR SENATE Blakespear COAUTHOR SENATE Archuleta COAUTHOR ASSEMBLY Davies

An act to amend

Section 65583.05 of, and to add

Section 65583.5 to, the Government Code, relating to land use. land use Planning and zoning: housing element: interim housing units: acutely low income households. The Planning and Zoning Law requires each county and each city to adopt a comprehensive, long-term general plan for the physical development of that county or city, and specified land outside its boundaries, that includes, among other specified mandatory elements, a housing element.

For the 4th and subsequent revisions of the housing element, existing law requires the Department of Housing and Community Development to determine the existing and projected regional housing need, as provided, and requires the appropriate council of governments, or for cities and counties without a council of governments, the department, to adopt a final regional housing need plan allocating a share of the regional housing need to each Existing"?> city or county, as provided.

Existing law requires the housing element to include an analysis of any special housing needs, including, among others, families and persons in need of emergency shelter. Existing law requires a city or county to provide by April of each year an annual report to, among other entities, the department that includes, among other things, the city’s or county’s progress in meeting its share of regional housing needs, as specified, and number of units approved and disapproved in the prior year.

This bill would define “housing unit” for the 7th and subsequent revisions of the housing element, with respect to acutely low income households, to mean a house, an apartment, a modular home, a mobilehome or trailer, a group of rooms, or a single room that is occupied, or, if vacant, is intended for occupancy as separate living quarters, as specified.</xhtml:p><xhtml:p>By revising requirements on local governments with regard to adopting or revising the housing element, this bill would impose a state-mandated local program.</xhtml:p><xhtml:p>The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state.

Statutory provisions establish procedures for making that reimbursement.</xhtml:p><xhtml:p>This bill would provide that no reimbursement is required by this act for a specified reason.</xhtml:p>"?> The bill would authorize a city or county that met or exceeded its need for emergency shelter capacity and that provides committed support for interim housing, as defined, to report the number of interim housing units receiving that support that are approved, as specified, as units approved or disapproved for acutely low income households, for purposes of the annual progress report.

The bill would require the department to allow approved interim housing units to account for up to 50% of the city’s or county’s share of the regional need for housing for acutely low income households, as specified. Existing law requires the department to publish, by December 31, 2026, advisory guidance, including, but not limited to, sample analyses and programs, pertaining to special housing needs for acutely low and extremely low income households and programs to assist in the development of adequate housing to meet the needs of acutely low income households, as specified.

This bill would require the guidance to include advice regarding the impact of the above-described requirements regarding interim housing and pertaining to acutely low and extremely low income households, specifically how interim housing, as defined, that does not meet the United States Census Bureau guidelines definition of a “housing unit” may be reported in the annual progress report. MAJORITY NO YES NO NO NO NO NO NO NO NO The people of the State of California do enact as follows:

SECTION

Section 65583.05 of the Government Code is amended to read: 65583.05. (a)

(1) The Department of Housing and Community Development shall publish, by December 31, 2026, advisory guidance, including, but not limited to, sample analyses and programs, pertaining to both of the following: (

A) Special housing needs for acutely low and extremely low income households, as described in paragraph (7) of subdivision (

a) of

Section 65583. (

B) Programs to assist in the development of adequate housing to meet the needs of acutely low income households, as described in paragraph (2) of subdivision (

c) of

Section 65583.

(2) The guidance described in paragraph (1) shall provide advice regarding the impact of the statutory requirements pertaining to acutely low and extremely low income households on all of the following: (

A) Compliance with the requirements in

Section to analyze potential and actual governmental constraints and, where appropriate and legally possible, remove governmental constraints. (

B) Compliance with

Section 65583.5, including specifying how interim housing, as defined in

Section 65583.5, that does not meet the United States Census Bureau guidelines definition of a “housing unit” may be reported in the annual progress report. (B)</xhtml:p>"?> (

C) Residential development project financial or other factors that impact feasibility. (

b) The Department of Housing and Community Development shall publish, by December 31, 2026, advisory guidance to be used by each council of governments, or delegate subregion, as applicable, to develop a proposed methodology for allocating the regional housing need for acutely low and extremely low income households to cities, counties, and cities and counties within the region or within the subregion pursuant to

Section 65584.04.

SEC.

Section 65583.5 is added to the Government Code , to read: 65583.5. (

a) For the purposes of this section, the following

definitions apply: (1) “Interim housing” means a noncongregate and relocatable low barrier navigation center as that term is defined in

Section 65660. (2) “Committed support for interim housing” means that the city or county enters into a legally enforceable agreement that lasts until the end of the planning cycle that obligates sufficient available funds or other in-kind services to provide the assistance necessary to make the identified interim housing units available for occupancy for the duration of the planning period. (b)

(1) For the purposes of subclause (II) of clause (

i) of subparagraph (

E) of paragraph (2) of subdivision (

a) of

Section 65400, a city or county that provides committed support for interim housing may report the number of interim housing units receiving that support that are approved.

(2) Any interim housing units that are relocated out of the jurisdiction, or that are no longer available for occupancy, shall be reported pursuant to subparagraph (

H) of paragraph (2) of subdivision (

a) of

Section 65400. (c)

(1) The department shall allow approved interim housing units to account for up to 50 percent of the city’s or county’s share of the regional need for housing for acutely low income households allocated pursuant to

Section 65584. (2) (

A) Interim housing units identified pursuant to paragraph (1) shall count for the planning cycle during which the units are approved. (

B) Interim housing units that are reported as relocated pursuant to paragraph (2) of subdivision (

b) shall be removed from the total number of units approved to meet the city’s or county’s share of the regional need for housing for acutely low income households. (

d) The

section shall only apply to a city or county that met or exceeded its need for emergency shelter capacity identified in paragraph (7) of subdivision (

a) of

Section 65583. <caml:Num>SECTION 1.</caml:Num><caml:ActionLine action="IS_AMENDED" xlink:href="urn:caml:codes:GOV:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'TITLE'%20and%20caml%3ANum%3D'7.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'1.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'3.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'10.6.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'65582.'%5D)" xlink:label="fractionType: LAW_SECTION" xlink:type="locator">Section of the <caml:DocName>Government Code</caml:DocName> is amended to read:</caml:ActionLine><caml:Fragment><caml:LawSection id="id_0426E32D-8EA1-4AE0-834C-2AD6CE5609A8"><caml:Num>65582.</caml:Num><caml:LawSectionVersion id="id_A037A5AA-71D2-4643-AFB8-043B1618BF4A"><caml:Content><xhtml:p>As used in this article, the following

definitions apply unless specified otherwise:</xhtml:p><xhtml:p>(a)<xhtml:span class="EnSpace"/>“Above moderate income” means income exceeding the moderate-income level described in

Section of the Health and Safety Code.</xhtml:p><xhtml:p>(b)<xhtml:span class="EnSpace"/>“Acutely low income” has the same meaning as in

Section 50063.5 of the Health and Safety Code.</xhtml:p><xhtml:p>(c)<xhtml:span class="EnSpace"/>“All income levels” or “all household income levels” means lower income, moderate income, and above moderate income levels.</xhtml:p><xhtml:p>(d)<xhtml:span class="EnSpace"/>“Community,” “locality,” “local government,” or “jurisdiction” means a city, city and county, or county.</xhtml:p><xhtml:p>(e)<xhtml:span class="EnSpace"/>“Council of governments” means a single or multicounty council created by a joint powers agreement pursuant to

Chapter 5 (commencing with

Section 6500) of Division of Title 1.</xhtml:p><xhtml:p>(f)<xhtml:span class="EnSpace"/>“Department” means the Department of Housing and Community Development.</xhtml:p><xhtml:p>(g)<xhtml:span class="EnSpace"/>“Emergency shelter” has the same meaning as defined in subdivision (

e) of

Section of the Health and Safety Code.</xhtml:p><xhtml:p>(h)<xhtml:span class="EnSpace"/>“Extremely low income” means the income for households exceeding the income limit for acutely low income households, as defined in this section, and does not exceed the limit for extremely low income households, as defined in

Section of the Health and Safety Code.</xhtml:p><xhtml:p>(i)<xhtml:span class="EnSpace"/>“Frequent user coordinated care housing services” means housing combined with other supportive services for homeless persons identified by a city or county as the most costly, frequent users of publicly funded emergency services.</xhtml:p><xhtml:p>(j)<xhtml:span class="EnSpace"/>“Housing element” or “element” means the housing element of the community’s general plan, as required pursuant to this

article and subdivision (

c) of

Section 65302.</xhtml:p><xhtml:p>(k)<xhtml:span class="EnSpace"/>For the seventh and subsequent revisions of the housing element, with respect to acutely low income households, “housing unit” or “unit” means a house, an apartment, a modular home, a mobilehome or trailer, a group of rooms, or a single room that is occupied, or, if vacant, is intended for occupancy as separate living quarters.

For purposes of this subdivision:</xhtml:p><xhtml:p>(1)<xhtml:span class="EnSpace"/>Separate living quarters are those in which the occupants have sleeping quarters separate from any other persons in the building and that have direct access from the outside of the building or through a common hall. Separate living quarters does not require separate bathrooms or eating spaces.</xhtml:p><xhtml:p>(2)<xhtml:span class="EnSpace"/>A housing unit described in this subdivision may be for permanent or transitional housing, as defined in

Section of the Health and Safety Code.</xhtml:p><xhtml:p>(l)<xhtml:span class="EnSpace"/>“Low income” means the income for households exceeding the income limit for very low income households, as defined in this section, and does not exceed the income limit for lower income households, as defined in subdivision (

a) of

Section 50079.5 of the Health and Safety Code.</xhtml:p><xhtml:p>(m)<xhtml:span class="EnSpace"/>“Lower income” means income that is low income, very low income, extremely low income, or acutely low income.</xhtml:p><xhtml:p>(n)<xhtml:span class="EnSpace"/>“Moderate income” means the income for households exceeding the limit for lower income households, as defined in this section, and does not exceed the income limit for moderate-income households, as defined in

Section of the Health and Safety Code.</xhtml:p><xhtml:p>(o)<xhtml:span class="EnSpace"/>“Supportive housing” means housing with no limit on length of stay, that is occupied by the target population, and that is linked to an onsite or offsite service that assists the supportive housing resident in retaining the housing, improving their health status, and maximizing their ability to live and, when possible, work in the community.</xhtml:p><xhtml:p>(p)<xhtml:span class="EnSpace"/>“Supportive services” include, but are not limited to, a combination of subsidized, permanent housing, intensive case management, medical and mental health care, substance abuse treatment, employment services, and benefits advocacy.</xhtml:p><xhtml:p>(q)<xhtml:span class="EnSpace"/>“Target population” means persons with low incomes who have one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health condition, or individuals eligible for services provided pursuant to the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with

Section 4500) of the Welfare and Institutions Code) and may include, among other populations, adults, emancipated minors, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homeless people.</xhtml:p><xhtml:p>(r)<xhtml:span class="EnSpace"/>“Transitional housing” means buildings configured as rental housing developments, but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than six months from the beginning of the assistance.</xhtml:p><xhtml:p>(s)<xhtml:span class="EnSpace"/>“Very low income” means income for households exceeding the income limit for extremely low income households, as defined in this section, and does not exceed the income limit for very low income households, as defined in

Section of the Health and Safety Code.</xhtml:p></caml:Content></caml:LawSectionVersion></caml:LawSection></caml:Fragment></caml:BillSection><caml:BillSection id="id_0B43E4FE-0A5D-4A6D-BDE6-1D9E66663863"><caml:Num>SEC. 2.</caml:Num><caml:Content><xhtml:p>No reimbursement is required by this act pursuant to

Section of

Article XIII<xhtml:span class="ThinSpace"/>B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of

Section of the Government Code.</xhtml:p></caml:Content></caml:BillSection>"?>