Housing element: governmental constraints: disclosure statement.

Assembly Member Alvarez's housing element legislation requires California local governments to include new disclosure requirements and restrictions regarding governmental constraints on housing development. The bill mandates that housing elements contain a governmental constraints disclosure statement identifying both existing constraints adopted since the previous element and potential new constraints under consideration for the planning period.

The legislation prohibits local governments from adopting new or more stringent governmental constraints during the planning period unless specific conditions are met. These conditions require that the constraint was previously identified in the disclosure statement and that the jurisdiction has completed all prior commitments to eliminate or mitigate existing constraints. Alternatively, new constraints may be adopted if mandated by state or federal law, provided the jurisdiction demonstrates the measure is no more restrictive than required for compliance.

Local governments retain the ability to implement constraints deemed necessary for public health and safety, but must provide evidence supporting this determination and obtain concurrence from the Department of Housing and Community Development. Any governmental constraints adopted in violation of these requirements are considered void until the conditions are satisfied.

The bill declares these changes address a matter of statewide concern rather than municipal affairs, making the provisions applicable to all California cities, including charter cities. While the legislation creates new mandates for local governments, it specifies that no state reimbursement is required since local agencies can levy fees to cover implementation costs.