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AB 2296

Planning and zoning: housing element: regional housing needs allocation.

2025-2026 Regular Session Introduced by Diane Papan

AB 2296 lengthens RHNA planning timelines, extends subregional formation and share determinations, and strengthens HCD compliance review to improve regional housing allocation and

Read second time and amended. Re-referred to Com. on APPR.
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Bill Summary · AB 2296

Summary of AB 2296 (2025-2026) – California Planning and Zoning: Housing Element: Regional Housing Needs Allocation

This summary highlights the bill’s purpose, key provisions, who is affected, and timeline/procedural aspects. It reflects the bill as introduced/amended in 2026 and organized for clarity.

1) Purpose and Intent

  • Purpose: Modify the framework for how California jurisdictions plan for housing by adjusting timelines and procedures surrounding regional housing needs allocations (RHNA) and the housing element revision cycle.
  • Intent statement: The Legislature indicates it aims to assign housing element revision deadlines based on smaller regional groupings and jurisdiction size, aligning with recommendations from the California State Auditor (2024-109). The bill emphasizes coordinating housing planning with regional transportation and incorporating regional/sustainable communities strategies.

2) Key Provisions and Changes

  • Extend subregional formation window

    • Current law allows a subregional entity (two or more cities and a county, or counties) to form at least 28 months before a housing element revision.
    • AB 2296 would extend this to 34 months before the scheduled housing element update (65584.03).

  • Extend timing for determining subregional shares of RHNA

    • Current law requires the Council of Governments (COG) to determine each subregion’s RHNA share at least 25 months before revision.
    • The bill extends this to 31 months before revision (65584.03).

  • Revised methodology development timing

    • For developing a methodology distributing RHNA, the bill changes timing from “at least 2.5 years” before revision to the same earlier date but aligns with the new schedule (the bill specifies 2.5 years for methodology development under new timing, subject to an exception for the 7th cycle for certain COGs due in 2027).

  • Draft allocation distribution timing

    • The distribution of a draft RHNA allocation to jurisdictions would occur at least 2 years before revision (previously at least 2 years before revision for the draft allocation; the bill tightens/clarifies timing in conjunction with the new schedule).

  • Department review and enforceability of noncompliant drafts

    • If the Department of Housing and Community Development (HCD) finds a draft element or amendment not substantially compliant with Housing Element Law, AB 2296 would:
    • Require a written communication detailing deficiencies and required remedies (with specific text/analysis the planning agency should include).
    • Require HCD to re-review changes within 30 days of receipt and issue findings.
    • Require the legislative body to either incorporate the department’s required analysis/text or adopt the draft with changes and include written findings explaining substantial compliance despite the department’s findings (65585).

  • Non-applicability provision against late amendments

    • The bill would prohibit amendments to the Housing Element Law (or related changes) from applying to the 34-month lookback period before the scheduled housing element update.

  • Accountability and enforcement framework

    • The bill clarifies and strengthens procedures for showcasing compliance, including the ability for department findings to guide adoption and potential remedies.

  • Operative date and exceptions

    • The measure becomes operative January 1, 2025.
    • For the seventh housing element cycle, certain timing changes do not apply to COGs with a due date in 2027.

3) Who/What is Affected

  • Local governments in California (cities, counties, and city-and-county jurisdictions) that prepare housing elements.
  • Council of Governments (COGs) and delegate subregions responsible for allocating RHNA shares to jurisdictions within their region or subregion.
  • California Department of Housing and Community Development (HCD), which reviews and reports findings on draft/adopted housing elements.
  • State and regional planning processes integrating housing with transportation planning and sustainable communities strategies.

4) Procedural and Timeline Aspects

  • operative date: 01/01/2025
  • Extended formation and allocation timelines:
    • Subregional formation: 34 months prior to revision
    • Subregional RHNA share determination: 31 months prior to revision
  • Methodology and draft distribution timing aligned with the longer horizon (2.5 years and 2 years, respectively) to reflect the extended lookback.
  • Department review timeline:
    • If noncompliant, department issues deficiencies and required text, with a 30-day re-review window for changes.
  • Reimbursement: The bill states no state reimbursement is required for local mandates (consistent with California’s constitutional requirement).

5) Bottom Line Impact

  • AB 2296 aims to streamline and tighten the RHNA planning process by extending collective decision timelines, increasing coordination between housing and transportation planning, and strengthening compliance review between local agencies and HCD.
  • The changes are designed to improve regional integration, transparency, and public participation in allocating housing needs, with a focus on maintaining adequate allocations for various income levels, including very low and extremely low income households in later cycles.

Compiled from official sources — confirm details with the bill’s official record.

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