BILL ANALYSIS                                                                                                                                                                                                    



                                                                    AB 2180


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          Date of Hearing:  May 18, 2016


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                               Lorena Gonzalez, Chair


          AB  
          2180 (Ting) - As Amended March 31, 2016


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          Urgency:  No  State Mandated Local Program:  YesReimbursable:   
          No


          SUMMARY: This bill expedites, pursuant to the Permit  
          Streamlining Act, the timelines for review of a development  
          project by a public agency. Specifically, this bill:


          1)Requires a public agency that is a responsible agency for a  








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            development project that has been approved by the lead agency  
            to approve or disapprove the development project within  
            whichever of the following periods of time is longer:


             a)   Within 90 days from the date on which the lead agency  
               has approved the project; or,


             b)   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.


            Requires any public agency that is the lead agency for a  
            development project to approve or disapprove the project  
            within 120 days from the date of certification by the lead  
            agency of the environmental impact report (EIR), if an EIR is  
            prepared for a development project, and specified conditions  
            are met.


          FISCAL EFFECT:


          No state fiscal impact.  Local agencies have the authority to  
          levy fees for related costs and thus, any local costs are not  
          reimbursable. 


           COMMENTS:


          1)Purpose.  This bill seeks to ensure that housing projects move  
            through the building approval process faster.  According to  
            the author, "California is in the midst of an unprecedented  
            housing crisis caused by a severe lack of new housing  
            construction, both market rate and affordable.  Unfortunately,  
            the local and state approval processes for new housing  








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            construction are frequently slow and cumbersome. This bill  
            seeks to expedite the housing construction permit approval  
            process by reducing the time for a lead agency to approve a  
            housing project from 180 to 120 days.  The bill still ensures  
            that purely affordable housing projects continue to get the  
            same 90 day approval process.  In addition, this bill reduces  
            the approval process for any other responsible public agencies  
            from 180 days to 90 days for all types of housing  
            developments."


          2)Background.  The Permit Streamlining Act applies to all public  
            agencies, including charter cities, and was adopted to ensure  
            that permit applicants for projects are not subjected to  
            protracted and unjustified governmental delays in the  
            processing of the applications for development projects.  


            Within 30 calendar days of receiving an application, a city is  
            required to respond to the applicant in writing with the  
            determination of whether the application is complete and  
            accepted for filing.  If the application is deemed complete,  
            the city proceeds with the evaluation of the project, but if  
            the application is incomplete, the city is required to  
            indicate in detail the deficiencies in the application.  


            All deadlines under the Permit Streamlining Act begin from the  
            day the application is accepted as complete or deemed  
            complete.  The completion date also starts the clock running  
            on processing the application.  If a city is acting as the  
            lead agency for a project for which an EIR is prepared, then  
            the city must approve or disapprove the project within 180  
            days from the date of the EIR's certification.  The Act  
            specifies other time lines for approval or disapproval by the  
            public agency, in coordination with specific CEQA actions,  
            like whether a project is exempt from CEQA, the adoption of a  
            negative declaration, or the certification of an EIR.  The Act  
            also contains timelines for approval of a development project  








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            for a responsible agency, once the project has been approved  
            by the lead agency.  "Development project" is defined as  
            either a) residential units only; or, b) mixed-use  
            developments consisting of residential and nonresidential uses  
            in which the nonresidential uses are less than 50% 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.


            If approval or disapproval of a project does not occur within  
            these deadlines, the project is deemed approved provided the  
            prescribed public notice requirements have been met.


          





          Analysis Prepared by:Jennifer Swenson / APPR. / (916)  
          319-2081