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HEALTH AND SAFETY CODE
SECTION 37870-37875

37870. A council shall develop an area housing plan covering the
cities and counties comprising the council's membership. It may
employ staff for such purpose, including, by agreement, staff of a
member city or county or of a council of governments certified by the
United States Department of Housing and Urban Development for the
purpose of comprehensive areawide planning. The plan may include a
housing allocation plan assigning a portion of total need and an
annual housing development goal to each member city or county.
However, if the United States Department of Housing and Urban
Development has certified a council of governments to do
comprehensive areawide planning for the area included in the area
housing plan, any housing allocation plan included in the area
housing plan shall be consistent with the regional housing allocation
plan developed by such council of governments, as determined by the
council of governments.


37871. For the purpose of carrying on the business of the council,
the agreement executed pursuant to Section 37860 shall require
contributions from each member city or county. The contributions may
include funds collected by a surcharge not to exceed one-tenth of 1
percent of the estimated cost of building construction and
improvements collected by each member city or county upon issuance of
building permits. Any city or county may impose the surcharge upon
the building permits it issues, may make equivalent payments from
other sources instead of collecting the surcharge, or may make
payments from a combination of funds from a surcharge and funds from
other sources.

37872. Up to one-half of the revenues of the area housing council
collected pursuant to Section 37871 prior to adoption of the area
housing plan by two or more member cities and counties may be used in
developing the area housing plan. Upon the adoption of the area
housing plan as the housing element of the general plan of a city or
county, not less than one-half of the cumulative contribution of
moneys collected by the council to date from the adopting city or
county, pursuant to Section 37871, shall be returned by the council
to the city or county, and may be used only for the purpose of
implementing the area housing plan and housing element of the general
plan of the city or county.

37873. (a) Up to one-half of the revenues of the council collected
pursuant to Section 37871 subsequent to adoption of the area housing
plan by two or more member cities and counties may be used in
preparation of area housing plan amendments for submission to member
cities and counties, review of amendments proposed by cities and
counties, review of housing development proposals to determine
consistency with the area housing plan, and implementation of the
area housing plan. The council may employ staff specified in Section
37870 for such purpose.
(b) At the end of each calendar year during which a member city or
county, in the opinion of a majority of the council, has made
reasonable progress toward implementation of the area housing plan,
the council shall return to such city or county not less than
one-half of its yearly contribution of moneys collected from such
city or county during the year pursuant to Section 37871. Such money
may be used only for the purpose specified in Section 37872. Any
revenues collected pursuant to Section 37871 retained by the area
housing council either through failure of member cities and counties
to adopt the area housing plan within one year of its adoption by two
or more member cities and counties, or through withholding of
approval of implementation progress, may be used for the purposes
specified in subdivision (a) of this section.

37874. In implementation of an area housing plan, a council may
also provide homeowner counseling, and may also develop programs for
rehabilitation and improvement of residential dwellings, as
authorized by the area housing plan; but only after the affected city
or county has approved the area housing plan. The council may seek
additional private or governmental funds, and may join with member
cities and counties or with the state in applying for such funds.

37875. Any member city or county may withdraw from a council at any
time, and when there are no longer two member cities or counties the
council shall be dissolved. No reimbursements are to be made to
withdrawing members, and revenues pursuant to Section 37871 shall
continue to be collected and paid to the end of the calendar year of
withdrawal, except in case of dissolution. In case of dissolution,
collections pursuant to Section 37871 shall immediately cease, and
reimbursements shall be made in proportion to former contributions of
the member cities and counties participating in the dissolution.


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