California Lawmakers to Bring Clarity to Builder's Remedy Housing Law

According to the Mercury News, California's "builder's remedy" housing law, although in existence for thirty years, has failed to initiate any construction projects, largely due to its convoluted wording. Consequently, prominent state legislators have introduced bills aimed at clarifying and refining the statute.

AB 1893: Modernizing the Law

Assemblymember Buffy Wicks (D-Berkeley) has presented AB 1893, designed to update the law. This proposed overhaul incorporates several changes, including benefits for developers, textual adjustments to enhance clarity, and a novel "streamlining" provision enabling developers to circumvent certain environmental review and public hearing requirements. However, it also imposes limits on the scale of builder's remedy projects and restricts its application in industrial zones.

AB 1886: Addressing Jurisdictional Issues

Assemblymember David Alvarez (D-San Diego) has introduced AB 1886, which addresses jurisdictional concerns. The bill stipulates that areas lacking state-certified housing plans would fall under the purview of the builder's remedy until local authorities approve and the California Housing and Community Development department endorses these plans. This measure responds to cities disputing the necessity of state approval, as reported by the Mercury News.

The proposed bills by Assemblymembers Wicks and Alvarez aim to rectify the ambiguities surrounding California's builder's remedy housing law. While seeking to streamline the process and provide clarity, they also incorporate provisions to manage the scope of development and address jurisdictional issues, thereby aiming to stimulate construction activity in the state.