Amended in Assembly March 31, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 2180


Introduced by Assembly Member Ting

February 18, 2016


begin deleteAn act to amend Section 12935 of the Government Code, relating to fair employment and housing. end deletebegin insertAn act to amend Sections 65950 and 65952 of the Government Code, relating to land use.end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 2180, as amended, Ting. begin deleteFair Employment and Housing Council: reports. end deletebegin insertLand use: development project review.end insert

begin insert

The Permit Streamlining Act within the Planning and Zoning Law requires the lead agency that has the principal responsibility for approving a development project, as defined, to approve or disapprove the project within 180 days from the date of certification of an environmental impact report. Existing law requires approval or disapproval within 90 days from the date of certification if at least 49% of the units within the development project are affordable to very low or low-income households. Existing law also requires approval or disapproval within 60 days from the date of the adoption of a negative declaration, or the determination by the lead agency that the project is exempt from the California Environmental Quality Act.

end insert
begin insert

This bill would require approval or disapproval within 120 days from the date of certification of an environmental impact report when the development project consists of either residential units only or mixed use development in which the nonresidential uses are less than 50% of the total square footage of the development, among other conditions.

end insert
begin insert

The Planning and Zoning Law requires any public agency that is a responsible agency for a development project to approve or disapprove a development project that has been approved by the lead agency within the longer of 180 days from the date on which the lead agency has approved the project or within 180 days of the date on which the completed application for the development project has been accepted as complete by that responsible agency.

end insert
begin insert

This bill would reduce each time period to within 90 days when the development project consists of either residential units only or mixed use development in which the nonresidential uses are less than 50% of the total square footage of the development and other conditions are met.

end insert
begin insert

By increasing the duties of local officials, this bill would impose a state-mandated local program.

end insert
begin insert

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.

end insert
begin insert

This bill would provide that no reimbursement is required by this act for a specified reason.

end insert
begin delete

Existing law creates the Fair Employment and Housing Council within the Department of Fair Employment and Housing, and requires that the council be appointed by the Governor, as prescribed. Existing law authorizes and requires the council to issue reports to the Governor and the Legislature that, in its judgment will aid in effectuating the purposes of the Fair Employment and Housing Act.

end delete
begin delete

This bill would require the council to issue a biennial report with its recommendations to the Governor and the Legislature.

end delete

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: begin deleteno end deletebegin insertyesend insert.

The people of the State of California do enact as follows:

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 65950 of the end insertbegin insertGovernment Codeend insertbegin insert is
2amended to read:end insert

3

65950.  

(a) Any public agency that is the lead agency for a
4development project shall approve or disapprove the project within
5whichever of the following periods is applicable:

6(1) One hundred eighty days from the date of certification by
7the lead agency of the environmental impactbegin delete reportend deletebegin insert report,end insert if an
P3    1environmental impact report is prepared pursuant to Section 21100
2or 21151 of the Public Resources Code for the development project.

begin insert

3
(2) One hundred twenty days from the date of certification by
4the lead agency of the environmental impact report, if an
5environmental impact report is prepared pursuant to Section 21100
6or 21151 of the Public Resources Code for a development project
7defined in subdivision (c).

end insert
begin delete

8(2)

end delete

9begin insert(3)end insert Ninety days from the date of certification by the lead agency
10of the environmental impactbegin delete reportend deletebegin insert report,end insert if an environmental
11impact report is prepared pursuant to Section 21100 or 21151 of
12the Public Resources Code forbegin delete theend deletebegin insert aend insert development projectbegin insert defined
13in subdivision (c)end insert
and all of the following conditions are met:

14(A) At least 49 percent of the units in the development project
15are affordable to very low or low-income households, as defined
16by Sections 50105 and 50079.5 of the Health and Safety Code,
17respectively. Rents for the lower income units shall be set at an
18affordable rent, as that term is defined in Section 50053 of the
19Health and Safety Code, for at least 30 years. Owner-occupied
20units shall be available at an affordable housing cost, as that term
21is defined in Section 50052.5 of the Health and Safety Code.

22(B) Prior to the application being deemed complete for the
23development project pursuant to Article 3 (commencing with
24Section 65940), the lead agency received written notice from the
25project applicant that an application has been made or will be made
26for an allocation or commitment of financing, tax credits, bond
27authority, or other financial assistance from a public agency or
28federal agency, and the notice specifies the financial assistance
29that has been applied for or will be applied for and the deadline
30for application for that assistance, the requirement that one of the
31approvals of the development project by the lead agency is a
32prerequisite to the application for or approval of the application
33for financial assistance, and that the financial assistance is
34necessary for the project to be affordable as required pursuant to
35subparagraph (A).

36(C) There is confirmation that the application has been made
37to the public agency or federal agency prior to certification of the
38environmental impact report.

begin delete

39(3)

end delete

P4    1begin insert(4)end insert Sixty days from the date of adoption by the lead agency of
2the negativebegin delete declarationend deletebegin insert declaration,end insert if a negative declaration is
3completed and adopted for the development project.

begin delete

4(4)

end delete

5begin insert(5)end insert Sixty days from the determination by the lead agency that
6the project is exempt from the California Environmental Quality
7Act (Division 13 (commencing with Section 21000) of the Public
8Resourcesbegin delete Code)end deletebegin insert Code),end insert if the project is exempt frombegin delete the California
9Environmental Quality Act.end delete
begin insert that act.end insert

10(b) This section does not preclude a project applicant and a
11public agency from mutually agreeing in writing to an extension
12of any time limit provided by this section pursuant to Section
1365957.

14(c) For purposes ofbegin delete paragraphend deletebegin insert paragraphsend insert (2)begin insert and (3)end insert of
15subdivisionbegin delete (a),end deletebegin insert (a) and Section 65952,end insert “developmentbegin delete project“end delete
16begin insert projectend insertbegin insertend insert means a use consisting of either of the following:

17(1) Residential units only.

18(2) Mixed-use developments consisting of residential and
19nonresidential uses in which the nonresidential uses are less than
2050 percent of the total square footage of the development and are
21limited to neighborhood commercial uses and to the first floor of
22buildings that are two or more stories. As used in this paragraph,
23“neighborhood commercial” means small-scale general or specialty
24stores that furnish goods and services primarily to residents of the
25neighborhood.

26(d) For purposes of this section, “lead agency” and “negative
27declaration”begin delete shallend delete have the same meaning asbegin delete those terms haveend delete
28begin insert definedend insert in Sections 21067 and 21064 of the Public Resources Code,
29respectively.

30begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 65952 of the end insertbegin insertGovernment Codeend insertbegin insert is amended to
31read:end insert

32

65952.  

(a) begin deleteAny end deletebegin insertA end insertpublic agencybegin delete whichend deletebegin insert thatend insert is a responsible
33agency for a development project that has been approved by the
34lead agency shall approve or disapprove the development project
35within whichever of the following periods of time is longer:

36(1) Within 180 days from the date on which the lead agency
37has approved the project.

38(2) Within 180 days of the date on which the completed
39application for the development project has been received and
40accepted as complete by that responsible agency.

begin insert

P5    1
(b) A public agency that is a responsible agency for a
2development project described in paragraph (2) or (3) of
3subdivision (a) of Section 65950 that has been approved by the
4lead agency shall approve or disapprove the development project
5within whichever of the following periods of time is longer:

end insert
begin insert

6
(1) Within 90 days from the date on which the lead agency has
7approved the project.

end insert
begin insert

8
(2) Within 90 days of the date on which the completed
9application for the development project has been received and
10accepted as complete by that responsible agency.

end insert
begin delete

11(b)

end delete

12begin insert(c)end insert At the time a decision by a lead agency to disapprove a
13development project becomes final, applications for that project
14which are filed with responsible agencies shall be deemed
15withdrawn.

16begin insert

begin insertSEC. 3.end insert  

end insert
begin insert

No reimbursement is required by this act pursuant to
17Section 6 of Article XIII B of the California Constitution because
18a local agency or school district has the authority to levy service
19charges, fees, or assessments sufficient to pay for the program or
20level of service mandated by this act, within the meaning of Section
2117556 of the Government Code.

end insert
begin delete
22

SECTION 1.  

Section 12935 of the Government Code is
23amended to read:

24

12935.  

(a) The council shall have the following functions,
25powers, and duties:

26(1) To adopt, promulgate, amend, and rescind suitable rules,
27regulations, and standards that do either of the following:

28(A) Interpret, implement, and apply all provisions of this part.

29(B) Carry out all other functions and duties of the council
30pursuant to this part.

31(2) To meet at any place within the state and function in any
32office of the department.

33(3) To create or provide technical assistance to any advisory
34agencies and conciliation councils, local or otherwise, as in its
35judgment will aid in effectuating the purposes of this part, and to
36empower them to study the problems of discrimination in all or
37specific fields of human relationships or in particular instances of
38employment discrimination on the bases enumerated in this part
39or in specific instances of housing discrimination on the bases
40enumerated in this part and to foster, through community effort or
P6    1otherwise, good will, cooperation, and conciliation among the
2groups and elements of the population of the state and to make
3recommendations to the Fair Employment and Housing Council
4for the development of policies and procedures in general except
5for procedural rules and regulations that carry out the investigation,
6prosecution, and dispute resolution functions and duties of the
7department. These advisory agencies and conciliation councils
8shall be composed of representative citizens, serving without pay.

9(4) To hold hearings, issue publications, and issue the results
10of inquiries and research, that, in its judgment, will tend to aid in
11the effectuating the purpose of this part, promote good will,
12cooperation and conciliation, and minimize or eliminate unlawful
13discrimination, or advance civil rights in the State of California.

14(b) (1) The council shall issue a biennial report with its
15recommendations to the Governor and the Legislature.

16(2) The report required by paragraph (1) shall be submitted in
17compliance with Section 9795.

end delete


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