AB2676 - Housing Crisis Act of 2019.

Amended IN Senate June 24, 2026 Amended IN Assembly May 22, 2026 Amended IN Assembly April 09, 2026 Amended IN Assembly March 24, 2026 CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION Assembly Bill No. 2676 Introduced by Assembly Member Gallagher Members Lackey and Quirk-Silva (Coauthor: Assembly Member Quirk-Silva) February 20, 2026 An act to amend Section 66300 of the Government Code, relating to land use. LEGISLATIVE COUNSEL'S DIGEST AB 2676, as amended, Gallagher Lackey. Housing Crisis Act of 2019. (1) Existing law, known as the Housing Crisis Act of 2019, with respect to land where housing is an allowable use and except as specified, prohibits a county or city, including the electorate exercising its local initiative or referendum power, in which specified conditions exist, determined as provided by the Department of Housing and Community Development, from enacting a development policy, standard, or condition, as defined, that would have certain effects. Under existing law, these proscribed policies, standards, or conditions include, among others, (A) changing the land use designation or zoning of a parcel or parcels of property to a less intensive use or reducing the intensity of land use within an existing zoning district below what was allowed under the general plan or specific plan land use designation and zoning ordinances of the county or city as in effect on January 1, 2018, and (B) imposing or enforcing a moratorium on housing development within all or a portion of the jurisdiction of the county or city, except as provided. Existing law states that these prohibitions apply to any zoning ordinance adopted or amended on or after the effective date of these provisions, and that any development policy, standard, or condition on or after that date that does not comply is deemed void. Existing law prohibits a county or city subject to these provisions from enforcing a zoning ordinance imposing a moratorium or other similar restriction on or limitation of housing development until it has submitted the ordinance to, and received approval from, the Department of Housing and Community Development. Existing law requires the department to approve a zoning ordinance submitted to it only if the department determines that the zoning ordinance satisfies these requirements. If the department denies approval of the zoning ordinance, as specified, existing law states that the ordinance is deemed void. This bill would expand the prohibition against enacting a development policy, standard, or condition that has the effect of imposing or enforcing a moratorium on housing development within all or a portion of the jurisdiction of the county or city to also prohibit these policies, standards, or conditions within the sphere of influence of a city, as defined. The bill would define “moratorium or similar restriction or limitation on housing development” for purposes of the Housing Crisis Act of 2019 to include, but not be limited to, the electorate of a county or city subject to these provisions from exercising its referendum power in a manner that has the effect of extending an existing moratorium or similar restriction or limitation on housing development. The bill would prohibit a county or city subject to these provisions from enforcing an initiative or referendum imposing a moratorium or other similar restriction on or limitation of housing development until the initiative or referendum receives approval from the department pursuant to the approval process described above. The bill would state that if the department denies approval of the initiative or referendum, as specified, the initiative or referendum would be deemed void. The bill would provide that these provisions do not preclude, limit the enforceability of, or require department approval of a referendum or an initiative that requires voter approval of a proposed general plan amendment that would increase the intensity of land use allowed on lands designated for open space, agricultural, or rural land uses in the operative general plan, as specified. Existing law defines “reducing the intensity of land use” for purposes of the Housing Crisis Act of 2019 to include reductions to height, density, or floor area ratio, new or increased open space or lot size requirements, new or increased setback requirements, minimum frontage requirements, or maximum lot coverage limitations, or any other action that would individually or cumulatively reduce the site’s residential development capacity. This bill would revise the definition of “reducing the intensity of land use” to mean any action that would individually or cumulatively reduce the site’s residential development capacity, including reductions to height, density, or floor area ratio, new or increased open space or lot size requirements, new or increased setback requirements, minimum frontage requirements, or maximum lot coverage limitations. This bill would also provide that an action or special proceeding brought to enforce these provisions is subject to a 3-year statute of limitations under specified law. The bill would provide that the bill’s provisions apply retroactively to any pending action or proceeding. (2) The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities. (3) By imposing new requirements and duties on local planning officials with respect to housing development, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill Text The people of the State of California do enact as follows: SECTION 1. Section 66300 of the Government Code is amended to read: 66300. (a) As used in this article, the following definitions shall apply: (1) (A) Except as otherwise provided in subparagraph (B), “affected city” means a city, including a charter city, that the Department of Housing and Community Development determines, pursuant to subdivision (d), is in an urbanized area or urban cluster, as designated by the United States Census Bureau. (B) Notwithstanding subparagraph (A), “affected city” does not include any city that has a population of 5,000 or less and is not located within an urbanized area, as designated by the United States Census Bureau. (2) “Affected county” means a census-designated place, based on the 2013-2017 American Community Survey 5-year Estimates, that is wholly located within the boundaries of an urbanized area, as designated by the United States Census Bureau. (3) Notwithstanding any other law, “affected county” and “affected city” includes the electorate of an affected county or city exercising its local initiative or referendum power, whether that power is derived from the California Constitution, statute, or the charter or ordinances of the affected county or city. (4) “Department” means the Department of Housing and Community Development. (5) “Development policy, standard, or condition” means any of the following: (A) A provision of, or amendment to, a general plan. (B) A provision of, or amendment to, a specific plan. (C) A provision of, or amendment to, a zoning ordinance. (D) A subdivision standard or criterion. (6) “Housing development project” has the same meaning as defined in paragraph (3) of subdivision (b) of Section 65905.5. (7) “Moratorium or similar restriction or limitation on housing development” includes, but is not limited to, the electorate of an affected county or city exercising its referendum power in a manner that has the effect of extending an existing moratorium or similar restriction or limitation on housing development. (8) “Objective design standard” means a design standard that involves no personal or subjective judgment by a public official and is 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 of an application. (9) “Reducing the intensity of land use” means any action that would individually or cumulatively reduce the site’s residential development capacity, including, but not limited to, reductions to height, density, or floor area ratio, new or increased open space or lot size requirements, new or increased setback requirements, minimum frontage requirements, or maximum lot coverage limitations. (10) “Sphere of influence” has the same meaning as defined in Section 56076. (b) (1) Notwithstanding any other law except as provided in paragraph (3) and subdivision (h), with respect to land where housing is an allowable use, an affected county or an affected city shall not enact or impose a development policy, standard, or condition that would have any of the following effects: (A) Changing the general plan land use designation, specific plan land use designation, or zoning of a parcel or parcels of property to a less intensive use or reducing the intensity of land use within an existing general plan land use designation, specific plan land use designation, or zoning district in effect at the time of the proposed change, below what was allowed under the land use designation or zoning ordinances of the affected county or affected city, as applicable, as in effect on January 1, 2018, except as otherwise provided in clause (ii) of subparagraph (B) or subdivision (h). (B) (i) Imposing a moratorium or similar restriction or limitation on housing development, including mixed-use development, within all or a portion of the jurisdiction of the affected county or city, including the sphere of influence of an affected city, other than to specifically protect against an imminent threat to the health and safety of persons residing in, or within the immediate vicinity of, the area subject to the moratorium or for projects specifically identified as existing restricted affordable housing. (ii) The affected county or affected city, as applicable, shall not enforce an initiative, referendum, or zoning ordinance imposing a moratorium or other similar restriction on or limitation of housing development until it has submitted the initiative, referendum, or ordinance to, and received approval from, the department. The department shall approve an initiative, referendum, or zoning ordinance submitted to it pursuant to this subparagraph only if it determines that the initiative, referendum, or zoning ordinance satisfies the requirements of this subparagraph. If the department denies approval of an initiative, referendum, or zoning ordinance imposing a moratorium or similar restriction or limitation on housing development as inconsistent with this subparagraph, that initiative, referendum, or ordinance shall be deemed void. (C) Imposing or enforcing design standards established on or after January 1, 2020, that are not objective design standards on a housing development project. (D) Except as provided in subparagraph (E), establishing or implementing any provision that: (i) Limits the number of land use approvals or permits necessary for the approval and construction of housing that will be issued or allocated within all or a portion of the affected county or affected city, as applicable. (ii) Acts as a cap on the number of housing units that can be approved or constructed either annually or for some other time period. (iii) Limits the population of the affected county or affected city, as applicable. (E) Notwithstanding subparagraph (D), an affected county or affected city may enforce a limit on the number of approvals or permits or a cap on the number of housing units that can be approved or constructed if the provision of law imposing the limit was approved by voters prior to before January 1, 2005, and the affected county or affected city is located in a predominantly agricultural county. For the purposes of this subparagraph, “predominantly agricultural county” means a county that meets both of the following, as determined by the most recent California Farmland Conversion Report produced by the Department of Conservation: (i) Has more than 550,000 acres of agricultural land. (ii) At least one-half of the county area is agricultural land. (2) Any development policy, standard, or condition enacted on or after the effective date of this section that does not comply with this section shall be deemed void. (3) Notwithstanding paragraph (1), this section shall not preclude, limit the enforceability of, or require department approval of a referendum or an initiative that requires voter approval of a proposed general plan amendment that would increase the intensity of land use allowed on lands designated for open space, agricultural, or rural land uses in the operative general plan in effect at the time the general plan amendment was approved by the local city council or board of supervisors. This paragraph shall not apply where the existing general plan or specific plan identifies the affected area as a special planning area or other area planned or designated for future residential, mixed-use, or urban development. (c) Notwithstanding subdivisions (b) and (e), an affected county or affected city may enact a development policy, standard, or condition to prohibit the commercial use of land that is designated for residential use, including, but not limited to, short-term occupancy of a residence, consistent with the authority conferred on the county or city by other law. (d) The Department of Housing and Community Development shall determine those cities and counties in this state that are affected cities and affected counties, in accordance with subdivision (a) by June 30, 2020. The department may update the list of affected cities and affected counties once on or after January 1, 2021, and once on or after January 1, 2025, to account for changes in urbanized areas or urban clusters due to new data obtained from the 2020 census. The department’s determination shall remain valid until January 1, 2030. (e) (1) Except as provided in paragraphs (3) and (4) and subdivisions (g) and (h), this section shall prevail over any conflicting provision of this title or other law regulating housing development in this state to the extent that this section more fully advances the intent specified in paragraph (2). (2) It is the intent of the Legislature that this section be broadly construed so as to maximize the development of housing within this state. Any exception to the requirements of this section, including an exception for the health and safety of occupants of a housing development project, shall be construed narrowly. (3) This se [Text truncated for display. Full text available on Congress.gov.]