1. (a) Prohousing Policies must meet the following requirements:

   1. (1) The applicant must show that it has enacted or proposed Prohousing Policies by providing a concise written description, and by identifying or submitting documentary evidence, of each Prohousing Policy in accordance with the requirements set forth at subdivision (b) of Section 6602. Applicants submitting proposed Prohousing Policies shall satisfy the following additional criteria:

      1. (A) The applicant's application must also present at least two (2) enacted Prohousing Policies for the Department's review; and
      2. (B) The applicant shall certify that each proposed Prohousing Policy will be enacted within two (2) years of the date that the applicant's application is submitted to HCD. In the event an applicant is unable to complete an identified proposed Prohousing Policy within two (2) years, the applicant may substitute an alternative policy to the Department for consideration. The alternative policy may be equal to, less than, or more than the points of the originally identified policy.
      3. (C) As part of enacting proposed Prohousing Policies, applicants shall engage in a Diligent Public Prticipation Process That Included Outreach To Engage All Segments Of The Community.

   2. (2) The applicant's enacted and proposed Prohousing Policies must contribute to the Acceleration of Housing Production throughout the Jurisdiction, as demonstrated by the applicant's documentary evidence in support of the Prohousing Policy.

      1. (A) Project-specific planning documents or approvals do not qualify as Prohousing Policies unless they result in a Jurisdiction-wide benefit or in an ongoing benefit that extends beyond the project.
   3. (3) The applicant's enacted and proposed Prohousing Policies, individually and taken together, must be consistent with the Jurisdiction's duties to Affirmatively Further Fair Housing pursuant to Government Code sections 8899.50 and 65583. The applicant must certify that it has analyzed each policy for consistency with these AFFH duties and that it has sought input from members of communities protected by these duties.
2. (b) The Department may consider Prohousing Policies that are integrated with other planning priorities (e.g., open space preservation, hazard mitigation, displacement prevention) if the Prohousing Policy results in a net benefit or gain for the Acceleration of Housing Production.
3. (c) Each Prohousing Policy identified in an application shall receive a point allocation only once for purposes of that application.
4. (d) Applicants may identify Prohousing Policies that are or will be carried out in partnership with other entities, including Local Public Entities, where the Prohousing Policy will have a direct effect on land use or development within the applicant's jurisdiction. The Department shall validate Prohousing Policies based on partnerships only if the partnerships were formed pursuant to legally binding agreements.
5. (e) No other policies, either enacted or proposed by local governments, shall override or undermine its Prohousing Policies or contradict the goals and intent of the Prohousing Designation Program.

Note: Authority cited: Section 65589.9, Government Code. Reference: Section 65589.9, Government Code.

History

1. New section filed 6-25-2021 as an emergency; operative 6-25-2021 (Register 2021, No. 26). Emergency expiration extended 60 days pursuant to Executive Order N-40-20 plus an additional 60 days pursuant to Executive Order N-71-20. A Certificate of Compliance must be transmitted to OAL by 4-25-2022 or emergency language will be repealed by operation of law on the following day.

2. New section refiled 4-1-2022 as an emergency; operative 4-22-2022 (Register 2022, No. 13). A Certificate of Compliance must be transmitted to OAL by 7-21-2022 or emergency language will be repealed by operation of law on the following day.

3. New subchapter 6.6 (sections 6600-6607) and section refiled 7-5-2022 as an emergency; operative 7-19-2022 (Register 2022, No. 27). Senate Bill 197 (Stats. 2022, c. 70) modified Government Code section 65589.9(d)(2) to extend the date upon which a Certificate of Compliance must be transmitted to OAL. Pursuant to Government Code section 65589.9(d)(2), as modified by Senate Bill 197 (Stats. 2022, c. 70), the emergency regulations shall remain in effect until the date that permanent regulations become effective.

4. Editorial correction of History 3 (Register 2024, No. 1).

5. Certificate of Compliance as to 7-19-2022 order, including renumbering of former section 6605 to section 6605.1 and new section 6605, transmitted to OAL 11-15-2023 and filed 1-2-2024; renumbering operative 1-2-2024 pursuant to Government Code section 11343.4(b)(3); new section 6605 operative 3-2-2024 pursuant to Government Code section 11343.4(b)(3) (Register 2024, No. 1).

6. Editorial correction of History 5 (Register 2024, No. 20).