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ABAG Frequently Asked Questions about RHNA (July 2020) 14 <br />all jurisdictions are required to include in the General Plan: land use, transportation, <br />conservation, noise, open space, safety, and housing. <br />What agency is responsible for the certification of Housing Elements? <br />ABAG’s role in the RHNA process ends once it has allocated a share of the Regional Housing <br />Needs Determination (RHND) to each local government in the Bay Area. The California <br />Department of Housing and Community Development (HCD) reviews and approves Housing <br />Elements and is responsible for all other aspects of enforcing Housing Element Law. <br />Is there any funding and technical assistance available to assist local jurisdictions in <br />creating their Housing Elements? <br />In the 2019-20 Budget Act, Governor Gavin Newsom allocated $250 million for all regions, cities, <br />and counties to do their part by prioritizing planning activities that accelerate housing <br />production to meet identified needs of every community. With this allocation, HCD established <br />the Local Early Action Planning Grant Program (LEAP) with approximately $25.6 million expected <br />to come to cities and counties in the Bay Area and the Regional Early Action Planning Grant <br />Program (REAP) with $23.9 million expected to come to ABAG. The LEAP program augments <br />HCD’s SB2 Planning Grants which have provided approximately $24 million in funding to <br />localities in the Bay Area. ABAG is currently designing its REAP program to provide in-depth <br />technical assistance to localities. <br />Some individuals in the Bay Area view their jurisdictions as "built out." How might <br />communities with little to no vacant land meet their respective housing allocations? <br />Large and small communities throughout the Bay Area have successfully identified under- <br />utilized, infill sites for housing development. In past RHNA cycles, numerous Bay Area <br />communities were able to meet their housing allocation exclusively through the identification of <br />infill sites to provide for future housing needs. Encouraging the development of Accessory <br />Dwelling Units (ADUs) is another strategy many Bay Area communities have used to add more <br />housing choices for residents. <br />Will my jurisdiction be penalized if we do not plan for enough housing? <br />State Housing Element Law requires that jurisdictions plan for all types of housing based on the <br />allocations they receive from the RHNA process. The state requires this planning, in the form of <br />having a compliant housing element, and submitting housing element annual progress reports, <br />as a threshold or points-related requirement for certain funding programs (SB 1 Sustainable <br />Community Planning Grants, SB 2 Planning Grants and Permanent Local Housing Allocation, <br />etc.). Late submittal of a housing element can result in a jurisdiction being required to submit a <br />four-year update to their housing element. <br />HCD may refer jurisdictions to the Attorney General if they do not have a compliant housing <br />element, fail to comply with their HCD-approved housing element, or violate housing element <br />821