as amended, Ting.
begin deleteFair Employment and Housing Council: reports. end 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
This bill would require the council to issue a biennial report with its recommendations to the Governor and the Legislature.end delete
Fiscal committee: yes.
State-mandated local program:
begin deleteno end delete.
The people of the State of California do enact as follows:
(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 impact
begin delete reportend delete if an
P3 1environmental impact report is prepared pursuant to Section 21100
2or 21151 of the Public Resources Code for the development project.
9 Ninety days from the date of certification by the lead agency
10of the environmental impact
begin delete reportend delete if an environmental
11impact report is prepared pursuant to Section 21100 or 21151 of
12the Public Resources Code for
begin delete theend delete development project 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
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.
P4 1 Sixty days from the date of adoption by the lead agency of
begin delete declarationend delete if a negative declaration is
3completed and adopted for the development project.
5 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
begin delete Code)end delete if the project is exempt from begin delete the California
9Environmental Quality Act.end delete
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
14(c) For purposes of
begin delete paragraphend delete (2) of
begin delete (a),end delete “development begin delete project“end delete
16 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
26(d) For purposes of this section, “lead agency” and “negative
begin delete shallend delete have the same meaning as begin delete those terms haveend delete
28 in Sections 21067 and 21064 of the Public Resources Code,
begin deleteAny end deletepublic agency begin delete whichend delete 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.
12 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
Section 12935 of the Government Code is
23amended to read:
(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
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.