AB 101

State Land Use Enacted Legislation

Bill #	State	Year	Party	Topic
AB 101	CA	2019	D	Accessory dwelling units regulations, Affordable housing incentives and financing, Enforcement, Fair distribution of housing, Planning for climate adaptation and hazards, Planning Requirements, Technical assistance

Provided by Furman

Summary

Requires HCD to offer jurisdictions two meetings and written findings before the Attorney General brings suit for housing element violations; requires courts to impose fines of $10,000–$100,000 per month for noncompliance with orders to achieve substantial compliance, with escalating multipliers and potential appointment of a court agent for continued noncompliance.
Requires HCD to designate jurisdictions as prohousing based on adoption of local pro-housing policies and to award additional points in housing program scoring to substantially compliant, prohousing-designated jurisdictions.
Requires HCD to post a monthly list of jurisdictions that have not adopted a substantially compliant housing element, offer two meetings to discuss the failure, and provide written findings; allows jurisdictions to request de novo review and to challenge findings in superior court within 30 days.
Makes Low Barrier Navigation Centers (defined as Housing First, low-barrier, service-enriched shelters) a use by right in mixed-use and nonresidential zones permitting multifamily uses if specified requirements are met; exempts qualifying projects from CEQA; sunsets January 1, 2027.
Clarifies that the two-thirds residential square footage threshold for streamlined ministerial approval includes additional density, floor area, and units granted under the Density Bonus Law.
Establishes the Homeless Housing, Assistance, and Prevention Program, distributing $650M in one-time grants to cities, counties, and continuums of care for regional coordination and local homelessness capacity.
Establishes the Local Government Planning Support Grants Program, allocating $250M to councils of governments and jurisdictions for planning documents and process improvements to accelerate housing production in the 6th RHNA cycle.
Establishes the Infill Infrastructure Grant Program of 2019, providing grants for capital improvements integral to qualifying infill residential or mixed-use projects in jurisdictions with substantially compliant housing elements.
Authorizes HCD to make CalHome Program grants for ADU and JADU construction and rehabilitation, and for disaster-affected households.
Expands the Local Housing Trust Fund Matching Grant Program to include Native American tribes, authorizes grants for ADU construction, extends the fund encumbrance period from 36 to 60 months, and allows grantees to use up to 5% of awards for administrative costs
Provides $500M in additional low-income housing tax credit authority for calendar year 2020, expands credit transfer and allocation rules, and removes passive activity loss limitations for the low-income housing tax credit program.
Delays the Housing First incorporation requirement for recovery housing programs to July 1, 2020.
Continuously appropriates $500M to HCD for transfer to CalHFA to finance low- and moderate-income housing.