Is local control of affordable housing development dead? The answer is unclear.
Photo Credit: Wally Gobetz, Flickr, CC BY-NC-ND 2.0 In the early 1980s, the Legislature enacted the Housing Element Law (Gov. Code § 65580 et seq.) and the Housing Accountability Act (“HAA”, Gov. Code § 65589.5), citing the lack of housing as a paramount state concern. Since then, the Legislature has passed multiple laws limiting the discretion […]
Navigating the Challenges Posed by SB 35
Since its passage in 2017, Senate Bill 35 (SB 35)—a state law requiring local jurisdictions to streamline approval of certain affordable housing projects—has been controversial, to say the least. Over the last few years, SB 35 has been the subject of much litigation, as discussed in Benjamin Gonzalez’s and Andrew Schwartz’s article, “Is local control of affordable housing development dead?” in this issue. But because none of […]
Down Payment Assistance Programs: Building a Bridge to Home Ownership
Costly down payments are a major barrier to home ownership for many Americans. Medium and even some low-income workers and their families may earn enough to afford monthly mortgage payments, but often struggle to save enough for a down payment. According to a recent Urban Institute report, high housing costs fall hardest on Black families, who […]
Agencies Bear Costs of Redacting Electronic Records, But Questions Remain in Recent PRA Decision
Photo Credit: Tobias Kleinlercher, CC BY-SA 3.0, via Wikimedia Commons The California Supreme Court recently issued a ruling on the seemingly mundane issue of whether public agencies may charge Public Records Act (PRA) requesters for the costs of redacting exempt material from electronic records when responding to PRA requests. Although the decision clarifies that agencies […]
Shifting Coastlines: Managed Retreat Strategies for Cities Addressing Coastal Erosion
As climate change and sea-level rise accelerate erosion, cities and counties along the California coast must act to protect coastal resources and property from the landward march of the sea. To buffer these interests against the effects of coastal erosion, local agencies have adopted a wide variety of management strategies. Where landowners are reluctant to […]
New Organic Waste Processing and Food Waste Recovery Rules Moving Forward
On April 20th CalRecycle released what it expects to be the final regulations implementing SB 1383, California’s groundbreaking law to reduce disposal of organic waste at landfills by 75 percent from 2014 levels by 2025. The law is an important part of the State’s strategy to reduce methane and greenhouse gas emissions. Instead of focusing on emissions at landfills, SB […]
Processing Housing Construction Projects Under State and Local Shelter-in-Place Orders
Governor Issues Statewide Shelter-in-Place Order After declaring a State of Emergency due to the COVID-19 pandemic on March 4, 2020, Governor Newsom issued Executive Order N-33-20 on March 19, 2020. The statewide Order directed all California residents to stay home, except for workers in 16 “critical infrastructure sectors.” Construction was not included in these original 16 sectors. […]
Building Decarbonization Update: California Energy Commission Approves First Set of Electric Reach Codes
Following up on the October 2019 edition of In the Public Interest, this article provides an update on the California Energy Commission’s approval of ordinances passed by several cities and counties to encourage or require buildings to go all-electric. As reported in the October 2019 edition of “In the Public Interest,” local jurisdictions throughout California […]
Coming to a Backyard Near You: What’s New With ADUs in 2020
Photo Credit: radcliffe dacanay, Flickr, CC BY 2.0 Public Agency Update: New state legislation that took effect on January 1, 2020 imposes additional limits on the ability of local jurisdictions to restrict Accessory Dwelling Units (ADUs). This article describes what’s changed and how cities and counties might react. For the last few years, the state […]
En Garde: China’s National Sword Shakes Up Recycling
China, historically one of the largest markets for recyclable materials, has dramatically tightened restrictions on waste imports. American recyclers in search of new markets are increasingly turning to local agencies for relief. This article discusses shifts in global recycling markets and how some local agencies are adapting to these changes. Agencies that provide curbside recycling […]