BILL ANALYSIS                                                                                                                                                                                                    



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          CONCURRENCE IN SENATE AMENDMENTS


          AB  
          2180 (Ting)


          As Amended  August 17, 2016


          Majority vote


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          |ASSEMBLY:  |67-0  |(May 27, 2016) |SENATE: |33-1  |(August 24,      |
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          Original Committee Reference:  L. GOV.


          SUMMARY:  Expedites timelines for approval or disapproval by a  
          public agency for certain types of development projects. 


          The Senate amendments exempt the California Coastal Commission,  
          when acting as the responsible agency, from the accelerated  
          deadlines for certain residential and mixed use development  
          projects.


          FISCAL EFFECT:  According to the Senate Appropriations  
          Committee, unknown local costs to comply with accelerated  
          project approval timelines.  These costs are not  
          state-reimbursable because local agencies can charge fees to  
          offset any increased costs. 


          COMMENTS:  








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          1)Bill Summary.  This bill expedites, for a public agency, the  
            review process for certain development projects, pursuant to  
            the Permit Streamlining Act, specifically those development  
            projects that are 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.


            This bill 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 that development project.  The bill also requires  
            a public agency that is a responsible agency for a 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.


            This bill is sponsored by the California Apartment  
            Association.


          2)Author's Statement.  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.  In its most recent report on housing, the  
            Legislative Analyst's Office (LAO) stressed that facilitating  








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            more private housing development was needed to make housing  
            more affordable for low-income Californians.  Unfortunately,  
            the local and state approval processes for new housing  
            construction are frequently slow and cumbersome. 


            "AB 2180 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, AB 2180  
            reduces the approval process for any other responsible public  
            agencies from 180 days to 90 days for all types of housing  
            developments.  AB 2180 will ensure that badly needed housing  
            projects move through the building approval process faster.   
            It will not only reduce the amount of time, but will also  
            reduce costs and other delays that can be associated with a  
            lengthy approval process.  AB 2180 is a modest, yet important  
            step towards addressing California's severe housing shortage."


          3)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.  The  
            Legislature, in enacting the Permit Streamlining Act, declared  
            that "there is a statewide need to ensure clear understanding  
            of the specific requirements which must be met in connection  
            with the approval of development projects and to expedite  
            decisions on such projects."


            Submittal of a project application is the first step in the  
            streamlined permitting process.  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.  








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            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 California  
            Environmental Quality Act (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 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 shall be deemed approved provided  
            the prescribed public notice requirements have been met.


          4)Arguments in Support.  Supporters argue that the bill will  
            ensure that badly needed housing projects move through the  
            building approval process faster, thus reducing costs and  
            other delays that can be associated with a lengthy approval  
            process.


          5)Arguments in Opposition.  None on file.


          Analysis Prepared by:                                             
                          Debbie Michel / L. GOV. / (916) 319-3958  FN:  








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