Part 3.2INNOVATIVE PROGRAMS

Section § 5830

Explanation

This law requires each county in California to set up programs to provide housing help for people who are chronically homeless, at risk of homelessness, or experiencing homelessness. These programs aim to support eligible children, youth, adults, and older adults.

Counties must offer various support options, including rental and operating subsidies, shared and family housing, transitional rent, and other housing supports. They must adhere to 'Housing First' principles, which prioritize rapid rehousing without conditions. Capital projects like constructing or renovating housing can also be part of these interventions.

Funds allocated for this task cannot be used for mental health or substance use treatment services, and housing aid should not overlap with services covered by Medi-Cal. Projects funded under this section shouldn't be treated as low-rent housing projects under California's Constitution, meaning they have specific exemptions from certain regulations.

Finally, the law outlines conditions under which certain housing projects are not considered low-rent housing, such as projects intended for owner-occupancy or those with specific tax exemptions. This section will be implemented only if adequate funds are available and will go into effect in July 2026, pending voter approval of amendments to the Mental Health Services Act in the March 2024 election.

(a)Copy CA Welfare and Institutions Code § 5830(a)
(1)Copy CA Welfare and Institutions Code § 5830(a)(1) Each county shall establish and administer a program for housing interventions to serve persons who are chronically homeless or experiencing homelessness or are at risk of homelessness, as defined in Section 5892, and meet one of the following conditions:
(A)CA Welfare and Institutions Code § 5830(a)(1)(A) Eligible children and youth, as defined in Section 5892.
(B)CA Welfare and Institutions Code § 5830(a)(1)(B) Eligible adults and older adults, as defined in Section 5892.
(2)CA Welfare and Institutions Code § 5830(a)(2) Housing interventions shall not be limited to individuals enrolled in full-service partnerships pursuant to subdivision (d) of Section 5887.
(3)CA Welfare and Institutions Code § 5830(a)(3) Housing interventions shall not be limited to individuals enrolled in Medi-Cal.
(4)CA Welfare and Institutions Code § 5830(a)(4) Housing interventions shall not discriminate against or deny access to housing for individuals that are utilizing medications for addiction treatment or other authorized medications.
(5)CA Welfare and Institutions Code § 5830(a)(5) Housing interventions shall comply with the core components of Housing First, as defined in subdivision (b) of Section 8255, and may include recovery housing, as defined by the federal Department of Housing and Urban Development.
(b)Copy CA Welfare and Institutions Code § 5830(b)
(1)Copy CA Welfare and Institutions Code § 5830(b)(1) County programs for housing interventions may include any of the following:
(A)CA Welfare and Institutions Code § 5830(b)(1)(A) Rental subsidies.
(B)CA Welfare and Institutions Code § 5830(b)(1)(B) Operating subsidies.
(C)CA Welfare and Institutions Code § 5830(b)(1)(C) Shared housing.
(D)CA Welfare and Institutions Code § 5830(b)(1)(D) Family housing for eligible children and youth who meet the criteria specified in subdivision (a).
(E)CA Welfare and Institutions Code § 5830(b)(1)(E) The nonfederal share for transitional rent.
(F)CA Welfare and Institutions Code § 5830(b)(1)(F) Other housing supports, as defined by the State Department of Health Care Services, including, but not limited to, the community supports policy guide.
(G)CA Welfare and Institutions Code § 5830(b)(1)(G) Capital development projects, including affordable housing, as described in paragraph (2).
(H)CA Welfare and Institutions Code § 5830(b)(1)(H) Project-based housing assistance, including master leasing of project-based housing.
(I)CA Welfare and Institutions Code § 5830(b)(1)(I) Funds pursuant to paragraph (1) of subdivision (a) of Section 5892 shall not be used for mental health and substance use disorder treatment services.
(2)Copy CA Welfare and Institutions Code § 5830(b)(2)
(A)Copy CA Welfare and Institutions Code § 5830(b)(2)(A) County programs for housing interventions may include capital development projects, under the provisions of Section 5831, to either construct or rehabilitate housing units, or both, for the persons meeting the criteria specified in subdivision (a) consistent with the State Department of Health Care Services guidelines for this purpose.
(B)CA Welfare and Institutions Code § 5830(b)(2)(A)(B) The units funded pursuant to this provision shall be available in a reasonable timeframe, as specified by the State Department of Health Care Services and consistent with the county integrated plan pursuant to Section 5963.02, and shall meet a cost-per-unit threshold as specified by the State Department of Health Care Services.
(C)CA Welfare and Institutions Code § 5830(b)(2)(A)(C) For purposes of this section and Section 5831, “affordable housing” includes supportive housing. “Supportive housing” has the same meaning as defined in Section 50675.14 of the Health and Safety Code.
(3)CA Welfare and Institutions Code § 5830(b)(3) County programs for housing interventions shall comply with all requirements specified by the State Department of Health Care Services, pursuant to Section 5963.05, for the purposes of administering paragraphs (1) and (2).
(c)Copy CA Welfare and Institutions Code § 5830(c)
(1)Copy CA Welfare and Institutions Code § 5830(c)(1) To the extent that necessary federal approvals have been obtained for the Medi-Cal program to cover housing interventions and federal financial participation is available and not otherwise jeopardized, the housing interventions funds distributed pursuant to paragraph (1) of subdivision (a) of Section 5892 may be used for the nonfederal share of Medi-Cal covered housing related services. The housing intervention funds distributed pursuant to paragraph (1) of subdivision (a) of Section 5892 shall only cover the costs that cannot be paid for with Medi-Cal program funds, including costs for Medi-Cal members enrolled in a Medi-Cal managed care plan, as defined in subdivision (j) of Section 14184.101, that does not cover those services.
(2)CA Welfare and Institutions Code § 5830(c)(2) Funds shall not be used for housing interventions covered by a Medi-Cal managed care plan, as defined in subdivision (j) of Section 14184.101.
(d)CA Welfare and Institutions Code § 5830(d) Notwithstanding any other law, a capital development project funded pursuant to this section shall not constitute a “low rent housing project,” as provided for in subdivision (e).
(e)CA Welfare and Institutions Code § 5830(e) “Low rent housing project,” as defined in Section 1 of Article XXXIV of the California Constitution, does not apply to a project that meets any of the following criteria:
(1)CA Welfare and Institutions Code § 5830(e)(1) The project meets both of the following criteria:
(A)CA Welfare and Institutions Code § 5830(e)(1)(A) Is privately owned housing, receiving no ad valorem property tax exemption other than exemptions granted pursuant to subdivision (f) or (g) of Section 214 of the Revenue and Taxation Code, not fully reimbursed to all taxing entities.
(B)CA Welfare and Institutions Code § 5830(e)(1)(B) Not more than 49 percent of the dwellings, apartments, or other living accommodations of the development may be occupied by persons of low income.
(2)CA Welfare and Institutions Code § 5830(e)(2) The project is privately owned housing, is not exempt from ad valorem taxation by reason of public ownership, and is not financed with direct long-term financing from a public body.
(3)CA Welfare and Institutions Code § 5830(e)(3) The project is intended for owner-occupancy, which may include a limited-equity housing cooperative, as defined in Section 50076.5 of the Health and Safety Code, cooperative, or condominium ownership rather than for rental-occupancy.
(4)CA Welfare and Institutions Code § 5830(e)(4) The project consists of newly constructed, privately owned, one- to four-family dwellings not located on adjoining sites.
(5)CA Welfare and Institutions Code § 5830(e)(5) The project consists of existing dwelling units leased by the state public body from the private owner of these dwelling units.
(6)CA Welfare and Institutions Code § 5830(e)(6) The project consists of the rehabilitation, reconstruction, improvement, or addition to, or replacement of, dwelling units of a previously existing low-rent housing project or a project previously or currently occupied by lower income households, as defined in Section 50079.5 of the Health and Safety Code.
(7)CA Welfare and Institutions Code § 5830(e)(7) The project consists of the acquisition, rehabilitation, reconstruction, or improvement, or any combination thereof, of a project that, prior to the date of the transaction to acquire, rehabilitate, reconstruct, or improve, or any combination thereof, was subject to a contract for federal or state public body assistance for the purpose of providing affordable housing for low-income households and maintains, or enters into, a contract for federal or state public body assistance for the purpose of providing affordable housing for low-income households.
(8)CA Welfare and Institutions Code § 5830(e)(8) The project consists of the acquisition, rehabilitation, reconstruction, alterations work, or new construction, or a combination thereof, of lodging facilities or dwelling units using moneys received from the Behavioral Health Services Fund established pursuant to subdivision (a) of Section 5890.
(f)CA Welfare and Institutions Code § 5830(f) This section shall be implemented only to the extent that funds are provided from the Behavioral Health Services Fund for purposes of this section. This section does not obligate the counties to use funds from any other source for services pursuant to this section.
(g)CA Welfare and Institutions Code § 5830(g) This section shall become operative on July 1, 2026, if amendments to the Mental Health Services Act are approved by the voters at the March 5, 2024, statewide primary election.
housing interventions chronically homeless risk of homelessness eligible children and youth eligible adults Housing First principles rental subsidies operating subsidies family housing shared housing transitional rent capital development projects supportive housing project-based housing assistance Behavioral Health Services Fund
(Repealed (in Sec. 42) and added by Stats. 2023, Ch. 790, Sec. 43. (SB 326) Effective April 17, 2024. Approved in Proposition 1 at the March 5, 2024, election. Operative July 1, 2026, by its own provisions.)

Section § 5831

Explanation

This law states that certain affordable housing projects can be approved more quickly through a streamlined review process. This applies if the development meets specific conditions, such as being in an area zoned for high-density residential or commercial use, being near urban areas, and not having a significant portion allocated for industrial use. It also requires compliance with design standards, and the project must not have involved acquiring properties through eminent domain. The housing units must be in good condition and should remain affordable for at least 30 years. The process for determining if the development meets the necessary standards is straightforward, and if the local government fails to act within specified timeframes, the project might be automatically approved. This law will not take effect until July 1, 2026, contingent upon voter approval of certain amendments.

(a)Copy CA Welfare and Institutions Code § 5831(a)
(1)Copy CA Welfare and Institutions Code § 5831(a)(1) Notwithstanding any other law, a capital development project funded, in whole or in part, pursuant to Section 5892 shall be a use by right that shall be subject to the streamlined, ministerial review process, pursuant to subdivision (b), if it meets all of the following criteria:
(A)Copy CA Welfare and Institutions Code § 5831(a)(1)(A)
(i)Copy CA Welfare and Institutions Code § 5831(a)(1)(A)(i) Affordable housing shall be located in a zone where multifamily residential, office, retail, or parking are a principally permitted use. Nothing here shall be construed to limit other housing interventions pursuant to Section 5830 that conform to existing zoning.
(ii)CA Welfare and Institutions Code § 5831(a)(1)(A)(i)(ii) The intent of capital development funding is to prioritize the production of housing that provides long-term housing stability.
(B)CA Welfare and Institutions Code § 5831(a)(1)(B) At least 75 percent of the perimeter of the site adjoins parcels that are developed with urban uses.
(C)CA Welfare and Institutions Code § 5831(a)(1)(C) It satisfies the requirements specified in subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of Section 65913.4 of the Government Code.
(D)CA Welfare and Institutions Code § 5831(a)(1)(D) It is not on a site or adjoined to any site where more than one-third of the square footage on the site is dedicated to industrial use.
(E)CA Welfare and Institutions Code § 5831(a)(1)(E) The development will meet the following objective zoning standards, objective subdivision standards, and objective design review standards:
(i)CA Welfare and Institutions Code § 5831(a)(1)(E)(i) For affordable housing, the applicable objective standards shall be those for the zone that allows residential use at a greater density between the following:
(I)CA Welfare and Institutions Code § 5831(a)(1)(E)(i)(I) The existing zoning designation for the parcel if existing zoning allows for residential use.
(II) The zoning designation for the closest parcel that allows residential use at a density deemed appropriate to accommodate housing for lower income households in that jurisdiction as specified in paragraph (3) of subdivision (c) of Section 65583.2 of the Government Code.
(ii)CA Welfare and Institutions Code § 5831(a)(1)(E)(ii) The applicable objective standards shall be those in effect at the time that the development application is submitted to the local government pursuant to this article.
(iii)CA Welfare and Institutions Code § 5831(a)(1)(E)(iii) A development proposed pursuant to this section shall be eligible for the same density bonus, incentives or concessions, waivers or reductions of development standards, and parking ratios applicable to a project that meets the criteria specified in subparagraph (G) of paragraph (1) of subdivision (b) of Section 65915 of the Government Code.
(F)CA Welfare and Institutions Code § 5831(a)(1)(F) No housing units were acquired by eminent domain.
(G)CA Welfare and Institutions Code § 5831(a)(1)(G) The housing units will be in decent, safe, and sanitary condition at the time of their occupancy.
(H)CA Welfare and Institutions Code § 5831(a)(1)(H) The project meets the labor standards contained in Sections 65912.130 and 65912.131 of the Government Code.
(I)CA Welfare and Institutions Code § 5831(a)(1)(I) The project provides housing for individuals who meet the criteria specified in subdivision (a) of Section 5830 and their families.
(J)CA Welfare and Institutions Code § 5831(a)(1)(J) Affordable housing shall require long-term covenants and restrictions require the housing units to be restricted to persons who meet the criteria specified in subdivision (a) for no fewer than 30 years.
(2)Copy CA Welfare and Institutions Code § 5831(a)(2)
(A)Copy CA Welfare and Institutions Code § 5831(a)(2)(A) For purposes of this subdivision, parcels only separated by a street or highway shall be considered to be adjoined.
(B)CA Welfare and Institutions Code § 5831(a)(2)(A)(B) For purposes of this subdivision, “dedicated to industrial use” means any of the following:
(i)CA Welfare and Institutions Code § 5831(a)(2)(A)(B)(i) The square footage is currently being used as an industrial use.
(ii)CA Welfare and Institutions Code § 5831(a)(2)(A)(B)(ii) The most recently permitted use of the square footage is an industrial use.
(iii)CA Welfare and Institutions Code § 5831(a)(2)(A)(B)(iii) The site was designated for industrial use in the latest version of a local government’s general plan adopted before January 1, 2022.
(b)CA Welfare and Institutions Code § 5831(b) The project shall be subject to the following streamlined, ministerial review process:
(1)Copy CA Welfare and Institutions Code § 5831(b)(1)
(A)Copy CA Welfare and Institutions Code § 5831(b)(1)(A) If the local government determines that a development submitted pursuant to this article is consistent with the objective planning standards specified in this article, it shall approve the development.
(B)CA Welfare and Institutions Code § 5831(b)(1)(A)(B) If a local government determines that a development submitted pursuant to this article is in conflict with any of the objective planning standards specified in this article, it shall provide the development proponent written documentation of which standard or standards the development conflicts with, and an explanation for the reason or reasons the development conflicts with that standard or standards, within the following timeframes:
(i)CA Welfare and Institutions Code § 5831(b)(1)(A)(B)(i) Within 60 days of submission of the development proposal to the local government if the development contains 150 or fewer housing units.
(ii)CA Welfare and Institutions Code § 5831(b)(1)(A)(B)(ii) Within 90 days of submission of the development proposal to the local government if the development contains more than 150 housing units.
(C)CA Welfare and Institutions Code § 5831(b)(1)(A)(C) If the local government fails to provide the required documentation pursuant to subparagraph (B), the development shall be deemed to satisfy the required objective planning standards.
(D)Copy CA Welfare and Institutions Code § 5831(b)(1)(A)(D)
(i)Copy CA Welfare and Institutions Code § 5831(b)(1)(A)(D)(i) For purposes of this section, a development is consistent with the objective planning standards if there is substantial evidence that would allow a reasonable person to conclude that the development is consistent with the objective planning standards.
(ii)CA Welfare and Institutions Code § 5831(b)(1)(A)(D)(i)(ii) For purposes of this section, a development is not in conflict with the objective planning standards solely on the basis that application materials are not included, if the application contains substantial evidence that would allow a reasonable person to conclude that the development is consistent with the objective planning standards.
(E)CA Welfare and Institutions Code § 5831(b)(1)(A)(E) The determination of whether a proposed project submitted pursuant to this section is or is not in conflict with the objective planning standards is not a “project” as defined in Section 21065 of the Public Resources Code.
(2)CA Welfare and Institutions Code § 5831(b)(2) Design review of the development may be conducted by the local government’s planning commission or any equivalent board or commission responsible for design review. That design review shall be objective and be strictly focused on assessing compliance with criteria required for streamlined, ministerial review of projects, as well as any reasonable objective design standards published and adopted by ordinance or resolution by a local jurisdiction before submittal of the development to the local government, and shall be broadly applicable to developments within the jurisdiction. That design review shall be completed as follows and shall not in any way inhibit, chill, or preclude the ministerial approval provided by this section or its effect, as applicable:
(A)CA Welfare and Institutions Code § 5831(b)(2)(A) Within 90 days of submittal of the development proposal to the local government pursuant to this section if the development contains 150 or fewer housing units.
(B)CA Welfare and Institutions Code § 5831(b)(2)(B) Within 180 days of submittal of the development proposal to the local government pursuant to this section if the development contains more than 150 housing units.
(c)CA Welfare and Institutions Code § 5831(c) Division 13 (commencing with Section 21000) of the Public Resources Code shall not apply to actions taken by the Department of Housing and Community Development, the State Department of Health Care Services, or a local agency not acting as the lead agency to provide financial assistance or insurance for the development and construction of projects built pursuant to this section.
(d)CA Welfare and Institutions Code § 5831(d) The applicant shall file a notice of exemption with the Office of Planning and Research and the county clerk of the county in which the project is located in the manner specified in subdivisions (b) and (c) of Section 21152 of the Public Resources Code.
(e)CA Welfare and Institutions Code § 5831(e) For purposes of this section, the following definitions shall apply:
(1)CA Welfare and Institutions Code § 5831(e)(1) “Objective zoning standards,” “objective subdivision standards,” and “objective design review standards” mean standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official before submittal. These standards may be embodied in alternative objective land use specifications adopted by a city or county, and may include, but are not limited to, housing overlay zones, specific plans, inclusionary zoning ordinances, and density bonus ordinances.
(2)CA Welfare and Institutions Code § 5831(e)(2) “Use by right” means a development project that satisfies both of the following conditions:
(A)CA Welfare and Institutions Code § 5831(e)(2)(A) The development project does not require a conditional use permit, planned unit development permit, or other discretionary local government review.
(B)CA Welfare and Institutions Code § 5831(e)(2)(B) The development project is not a “project” for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code.
(f)CA Welfare and Institutions Code § 5831(f) This section shall become operative on July 1, 2026, if amendments to the Mental Health Services Act are approved by the voters at the March 5, 2024, statewide primary election.
affordable housing streamlined review zoning standards urban development long-term covenants design review density bonus eminent domain housing stability ministerial review project approval objective criteria industrial use restriction planning standards exemption notice
(Added by Stats. 2023, Ch. 790, Sec. 44. (SB 326) Effective April 17, 2024. Approved in Proposition 1 at the March 5, 2024, election. Operative July 1, 2026, by its own provisions.)