Cristina Garcia
- Democratic
Author
The Planning and Zoning Law requires a city or county to adopt a general plan for land use and development within its boundaries that includes, among other things, a housing element. The housing element is required to include an analysis of potential and actual governmental constraints upon the maintenance, improvement, or development of housing for all income levels and for persons with disabilities, as provided. This bill would additionally authorize an analysis, at the department's discretion, of those constraints upon housing for persons with a characteristic identified by a specified provision of the Unruh Civil Rights Act. By increasing the duties of local officials, this bill would impose a state-mandated local program. Existing law requires a lead agency to consult with a California Native American tribe prior to releasing a negative declaration, mitigated negative declaration, or environmental impact report for a project where the California Native American tribe is traditionally and culturally affiliated with the geographic area and the tribe responds in writing within 30 days. This bill would extend the California Native American tribe's time for response by an additional 30 days for any housing development project application completed between March 4, 2020, and December 31, 2021. Existing law, the Permit Streamlining Act, among other things, requires a public agency that is the lead agency for a development project to approve or disapprove that project within specified time periods. This bill would extend by 18 months the period for the expiration, effectuation, or utilization of a housing entitlement, as defined, that was issued before, and was in effect on, March 4, 2020, and that will expire before December 31, 2021, except as specified. The bill would also provide that if the state or a local agency extends, on or after March 4, 2020, but before the effective date of the bill, the otherwise applicable time for the expiration, effectuation, or utilization of a housing entitlement for not less than 18 months and pursuant to the same conditions provided by this bill, that housing entitlement shall not be extended an additional 18 months pursuant to this bill. This bill clarifies that nothing in these provisions is intended to preclude a local government from exercising its existing authority to provide an extension to an entitlement. By adding to the duties of local officials with respect to housing entitlements, this bill would impose a state-mandated local program. The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities. This bill would incorporate additional changes to Section 65583 of the Government Code proposed by SB 1138 to be operative only if this bill and SB 1138 are enacted and this bill is enacted last. 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.
Approved by the Governor.
Chaptered by Secretary of State - Chapter 195, Statutes of 2020.
Enrolled and presented to the Governor at 4 p.m.
Joint Rule 62(a), file notice suspended. (Page 5456.)
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 74. Noes 1. Page 5503.).
Assembly Rule 63 suspended. (Ayes 57. Noes 16. Page 5498.)
From committee: That the Senate amendments be concurred in. (Ayes 8. Noes 0.) (August 31).
Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0.).
Re-referred to Com. on H. & C.D. pursuant to Assembly Rule 77.2.
In Assembly. Concurrence in Senate amendments pending.
Read second time. Ordered to third reading.
Read third time and amended. Ordered to second reading.
Read second time. Ordered to third reading.
Withdrawn from committee.
Ordered to second reading.
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on RLS.
Re-referred to Com. on RLS. pursuant to Senate Rule 29.10(c).
Read second time. Ordered to third reading.
From inactive file.
Read second time and amended. Ordered returned to second reading.
Ordered to second reading.
Ordered to inactive file at the request of Senator Hertzberg.
Read second time. Ordered to third reading.
From committee: Be ordered to second reading pursuant to Senate Rule 28.8.
From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (July 2). Re-referred to Com. on APPR.
From committee: Do pass and re-refer to Com. on JUD. (Ayes 8. Noes 0.) (June 18). Re-referred to Com. on JUD.
Read third time. Passed. Ordered to the Senate. (Ayes 74. Noes 0. Page 1772.)
In Senate. Read first time. To Com. on RLS. for assignment.
Read second time. Ordered to Consent Calendar.
From committee: Do pass. To Consent Calendar. (Ayes 18. Noes 0.) (May 8).
Read second time and amended.
From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 12. Noes 0.) (April 25).
From committee: Do pass and re-refer to Com. on JUD. (Ayes 8. Noes 0.) (April 24). Re-referred to Com. on JUD.
Joint Rule 62(a), file notice suspended. (Page 1238.)
(pending re-referral to Com. on JUD.)
Assembly Rule 56 suspended. (Page 1238.)
From committee chair, with author's amendments: Amend, and re-refer to Com. on H. & C.D. Read second time and amended.
In committee: Set, first hearing. Hearing canceled at the request of author.
Read first time.
From printer. May be heard in committee March 25.
Introduced. To print.
| Bill Text Versions | Format |
|---|---|
| AB1561 | HTML |
| 02/22/19 - Introduced | |
| 04/11/19 - Amended Assembly | |
| 04/29/19 - Amended Assembly | |
| 09/06/19 - Amended Senate | |
| 06/23/20 - Amended Senate | |
| 08/25/20 - Amended Senate | |
| 09/04/20 - Enrolled | |
| 09/28/20 - Chaptered |
| Document | Format |
|---|---|
| No related documents. |
Data on Open States is updated periodically throughout the day from the official website of the California State Legislature.
If you notice any inconsistencies with these official sources, feel free to file an issue.