California Assembly Bill AB2180 Amended / Bill

 BILL NUMBER: AB 2180AMENDED 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.