AB 36: Housing elements: prohousing designation.

Official summary

Legislative Counsel’s Digest (official, as of the latest version). Written by nonpartisan legislative staff; reproduced verbatim.

Existing law, the Planning and Zoning Law, requires a city or county to adopt a general plan for land use development within its boundaries that includes, among other things, a housing element. The law requires the Department of Housing and Community Development (HCD) to determine whether the housing element is in substantial compliance with specified provisions of that law. Existing law requires HCD to designate jurisdictions as prohousing pursuant to emergency regulations adopted by HCD, as prescribed, and to report those designations to the Office of Land Use and Climate Innovation. Existing law specifies that these emergency regulations will remain in effect until HCD promulgates permanent prohousing regulations.

This bill would instead require HCD to designate jurisdictions as prohousing pursuant to permanent regulations adopted by HCD to implement these provisions, as specified. Beginning with the 7th housing element cycle, upon request by a small rural jurisdiction, to the extent feasible, the bill would require HCD to evaluate materials from the small rural jurisdiction’s housing element submission when determining whether the jurisdiction qualifies as prohousing, but only with respect to those small rural jurisdictions that have a compliant housing element. The bill would also prohibit HCD from requiring small rural jurisdictions to renew their prohousing designation for at least 4 years. The bill would define “small rural jurisdiction” for these purposes to mean either a city with a population of fewer than 25,000 persons or a county with a population of fewer than 200,000 persons.

This bill would incorporate additional changes to Section 65589.9 of the Government Code proposed by SB 262 to be operative only if this bill and SB 262 are enacted and this bill is enacted last.

Sponsors

Sponsors by party (alphabetical): Democratic 1

“Support” is shown only as formal sponsorship recorded by the legislature. Roll-call votes are available on the official bill page.

Recent official actions

1. October 10, 2025Chaptered by Secretary of State - Chapter 485, Statutes of 2025.
2. October 10, 2025Approved by the Governor.
3. September 22, 2025Enrolled and presented to the Governor at 3 p.m.
4. September 10, 2025Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 79. Noes 0. Page 3210.).
5. September 9, 2025In Assembly. Concurrence in Senate amendments pending.
6. September 9, 2025Read third time. Passed. Ordered to the Assembly. (Ayes 40. Noes 0. Page 2667.).
7. September 8, 2025Read second time. Ordered to third reading.
8. September 4, 2025Read third time and amended. Ordered to second reading.
9. August 29, 2025From Consent Calendar.
10. August 29, 2025Ordered to third reading.
11. August 26, 2025Read second time. Ordered to Consent Calendar.
12. August 25, 2025From committee: Be ordered to second reading file pursuant to Senate Rule 28.8 and ordered to Consent Calendar.