BILL NUMBER: AB 2180	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 31, 2016

INTRODUCED BY   Assembly Member Ting

                        FEBRUARY 18, 2016

    An act to amend Section 12935 of the Government Code,
relating to fair employment and housing.   An act to
amend Sections 65950 and 65952 of the Government Code, relating to
land use. 



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2180, as amended, Ting.  Fair Employment and Housing
Council: reports.   Land use: development project
review.  
   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.  
   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.  
   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.  
   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.  
    By increasing the duties of local officials, this bill would
impose a state-mandated local program.  
   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.  
   This bill would provide that no reimbursement is required by this
act for a specified reason.  
   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.
 
   This bill would require the council to issue a biennial report
with its recommendations to the Governor and the Legislature.

   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program:  no   yes  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 65950 of the  
Government Code   is amended to read: 
   65950.  (a) Any public agency that is the lead agency for a
development project shall approve or disapprove the project within
whichever of the following periods is applicable:
   (1) One hundred eighty days from the date of certification by the
lead agency of the environmental impact  report 
 report,  if an environmental impact report is prepared
pursuant to Section 21100 or 21151 of the Public Resources Code for
the development project. 
   (2) One hundred twenty days from the date of certification by the
lead agency of the environmental impact report, if an environmental
impact report is prepared pursuant to Section 21100 or 21151 of the
Public Resources Code for a development project defined in
subdivision (c).  
   (2) 
    (3)  Ninety days from the date of certification by the
lead agency of the environmental impact  report 
 report,  if an environmental impact report is prepared
pursuant to Section 21100 or 21151 of the Public Resources Code for
 the   a  development project  defined
in subdivision (c)  and all of the following conditions are met:

   (A) At least 49 percent of the units in the development project
are affordable to very low or low-income households, as defined by
Sections 50105 and 50079.5 of the Health and Safety Code,
respectively. Rents for the lower income units shall be set at an
affordable rent, as that term is defined in Section 50053 of the
Health and Safety Code, for at least 30 years. Owner-occupied units
shall be available at an affordable housing cost, as that term is
defined in Section 50052.5 of the Health and Safety Code.
   (B) Prior to the application being deemed complete for the
development project pursuant to Article 3 (commencing with Section
65940), the lead agency received written notice from the project
applicant that an application has been made or will be made for an
allocation or commitment of financing, tax credits, bond authority,
or other financial assistance from a public agency or federal agency,
and the notice specifies the financial assistance that has been
applied for or will be applied for and the deadline for application
for that assistance, the requirement that one of the approvals of the
development project by the lead agency is a prerequisite to the
application for or approval of the application for financial
assistance, and that the financial assistance is necessary for the
project to be affordable as required pursuant to subparagraph (A).
   (C) There is confirmation that the application has been made to
the public agency or federal agency prior to certification of the
environmental impact report. 
   (3) 
    (4)  Sixty days from the date of adoption by the lead
agency of the negative  declaration  
declaration,  if a negative declaration is completed and adopted
for the development project. 
   (4) 
    (5)  Sixty days from the determination by the lead
agency that the project is exempt from the California Environmental
Quality Act (Division 13 (commencing with Section 21000) of the
Public Resources  Code)   Code),  if the
project is exempt from  the California Environmental Quality
Act.   that act. 
   (b) This section does not preclude a project applicant and a
public agency from mutually agreeing in writing to an extension of
any time limit provided by this section pursuant to Section 65957.
   (c) For purposes of  paragraph   paragraphs
 (2)  and (3)  of subdivision  (a), 
 (a) and Section 65952,  "development  project"
  project   "  means a use consisting of
either of the following:
   (1) Residential units only.
   (2) Mixed-use developments consisting of residential and
nonresidential uses in which the nonresidential uses are less than 50
percent of the total square footage of the development and are
limited to neighborhood commercial uses and to the first floor of
buildings that are two or more stories. As used in this paragraph,
"neighborhood commercial" means small-scale general or specialty
stores that furnish goods and services primarily to residents of the
neighborhood.
   (d) For purposes of this section, "lead agency" and "negative
declaration"  shall  have the same meaning as
 those terms have   defined  in Sections
21067 and 21064 of the Public Resources Code, respectively.
   SEC. 2.    Section 65952 of the  Government
Code   is amended to read: 
   65952.  (a)  Any   A  public agency
 which   that  is a responsible agency for
a development project that has been approved by the lead agency shall
approve or disapprove the development project within whichever of
the following periods of time is longer:
   (1) Within 180 days from the date on which the lead agency has
approved the project.
   (2) Within 180 days of the date on which the completed application
for the development project has been received and accepted as
complete by that responsible agency. 
   (b) A public agency that is a responsible agency for a development
project described in paragraph (2) or (3) of subdivision (a) of
Section 65950 that has been approved by the lead agency shall approve
or disapprove the development project within whichever of the
following periods of time is longer:  
   (1) Within 90 days from the date on which the lead agency has
approved the project.  
   (2) Within 90 days of the date on which the completed application
for the development project has been received and accepted as
complete by that responsible agency.  
   (b) 
    (c)  At the time a decision by a lead agency to
disapprove a development project becomes final, applications for that
project which are filed with responsible agencies shall be deemed
withdrawn.
   SEC. 3.    No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because a local agency or school district has the
authority to levy service charges, fees, or assessments sufficient to
pay for the program or level of service mandated by this act, within
the meaning of Section 17556 of the Government Code.  
  SECTION 1.    Section 12935 of the Government Code
is amended to read:
   12935.  (a) The council shall have the following functions,
powers, and duties:
   (1) To adopt, promulgate, amend, and rescind suitable rules,
regulations, and standards that do either of the following:
   (A) Interpret, implement, and apply all provisions of this part.
   (B) Carry out all other functions and duties of the council
pursuant to this part.
   (2) To meet at any place within the state and function in any
office of the department.
   (3) To create or provide technical assistance to any advisory
agencies and conciliation councils, local or otherwise, as in its
judgment will aid in effectuating the purposes of this part, and to
empower them to study the problems of discrimination in all or
specific fields of human relationships or in particular instances of
employment discrimination on the bases enumerated in this part or in
specific instances of housing discrimination on the bases enumerated
in this part and to foster, through community effort or otherwise,
good will, cooperation, and conciliation among the groups and
elements of the population of the state and to make recommendations
to the Fair Employment and Housing Council for the development of
policies and procedures in general except for procedural rules and
regulations that carry out the investigation, prosecution, and
dispute resolution functions and duties of the department. These
advisory agencies and conciliation councils shall be composed of
representative citizens, serving without pay.
   (4) To hold hearings, issue publications, and issue the results of
inquiries and research, that, in its judgment, will tend to aid in
the effectuating the purpose of this part, promote good will,
cooperation and conciliation, and minimize or eliminate unlawful
discrimination, or advance civil rights in the State of California.
   (b) (1) The council shall issue a biennial report with its
recommendations to the Governor and the Legislature.
   (2) The report required by paragraph (1) shall be submitted in
compliance with Section 9795.