Sacramento Report

Getting the Legislature to Care

by David K. Milton

The Need: 250,000 New Housing Units Annually
Actual Production: 100,000 to 120,000 Annually

Along with the budget crisis, a workers' compensation system in disarray, and property and liability insurance premiums going through the roof, the state legislature also faces reports that California is failing to keep pace with an adequate production of affordable housing units for its citizens. Your California Apartment Association (CAA) Legislative Team is tracking 35 bills on this subject. Below is an overview on a number of these bills that have earned the bulk of our attention.

AB 731 (Spitzer, R-Orange)
This bill would require the Insurance Commissioner to conduct a study of the workers' compensation system, examining the state of competitiveness of the market as well as ways to improve market functioning.

AB 1160 (Steinberg, D-Sacramento)
This legislation proposes to expand the pool of occupants who can take advantage of second units on a single-family residential property. It would prohibit many current local government restrictions on development of second-unit housing. This includes, in part:

Prohibiting a local agency from requiring a variance or special permit for creation of a second unit;
Requiring local governments to allow second units in all residential zones;
Prohibiting the imposition of any approval standard
for such units that is not “objective”;
Prohibiting local government occupancy restrictions that allow only owners or owners' relatives to live in second units; and
Mandating that multifamily and single-family residential occupancy is a permitted use on any parcel zoned for primary or secondary residential uses;

AB 1192 (Dutra, D-Fremont)
This bill would require physicians to submit workplace injury reports to employers in a timelier manner than currently mandated by state law.

AB 1268 (Wiggins, D-Santa Rosa) &
SB 558 (Ducheny, D-San Diego)
This bill would require the Workers' Compensation Appeals Board to calculate permanent disability apportionment based on sound medical science.

SB 293 (Brulte, R-Rancho Cucamonga)
Restriction on Developer Fees. Proposes to reign in local government agencies that attempt to levy general taxes against new residential developments to assist budget-balancing efforts of the agency. Prohibits such exactions when the proposed use is unrelated to the pending development.

SB 744 (Dunn, D-Santa Ana)
Putting “Teeth” in Housing Element Law. This bill proposes to create the “Housing Accountability Committee” consisting of five members appointed by the governor, including one employee from the State Housing and Community Development Department, one from the Governor's Office of Planning and Research, one from a city council and board of supervisors, and one “at large” member with experience in the development of affordable housing. A developer would be permitted to appeal any local government's denial of a permit to this committee within 20 days of any adverse local decision. If the committee finds in favor of the developer, it can order the appropriate permit to be issued within 30 days.

SB 1025 (Escutia, D-Whittier)
Fair Housing and Multilevel Townhouses. Proposes to amend the Fair Employment and Housing Act (FEHA). It would require that construction of multilevel town houses for which a construction permit is issued on or after July 1, 2005, must include construction of at least one unit but not more than 10 percent of the units, with an accessible bathroom on the primary entry-level floor that meets state and federal accessibility requirements.

For a complete list of the legislation tracked by the CAA, please go to their web site. The opinions expressed in this article are those of the author and do not necessarily reflect the viewpoint of the SFAA or the San Francisco Apartment Magazine. David K. Milton is the Vice President and Counsel, Local Government and Political Affairs, for the California Apartment Association.