Phil Ting
- Democratic
- Assemblymember
- District 19
Author
Existing law, the Housing Accountability Act, prohibits a local agency from disapproving a housing development project, as described, unless it makes certain written findings based on a preponderance of the evidence in the record. The act defines "disapprove the housing development project" as including any instance in which a local agency either votes and disapproves a proposed housing development project application, including any required land use approvals or entitlements necessary for the issuance of a building permit, or fails to comply with specified time periods. Existing law, the California Environmental Quality Act (CEQA) , requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project that the lead agency proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if the lead agency finds that the project will not have that effect. This bill, until January 1, 2031, would define "disapprove the housing development project" as also including any instance in which a local agency fails to make a determination of whether the project is exempt from CEQA or commits an abuse of discretion, as specified, or fails to adopt a negative declaration or addendum for the project, to certify an environmental impact report for the project, or to approve another comparable environmental document, if certain conditions are satisfied. Among other conditions, the bill would require a housing development project subject to these provisions to be located on a legal parcel or parcels within an urbanized area and to meet one or more of specified criteria, and to meet or exceed 15 dwelling units per acre. By imposing additional duties on local officials, the bill would create a state-mandated local program. Existing law requires a petition to enforce the Housing Accountability Act to be brought pursuant to a specified procedure and be filed no later than 90 days from the effective date of a decision of the local agency imposing conditions on, disapproving of, or any other final action taken on a housing development project. This bill, until January 1, 2031, would provide that a local agency's failure to make a determination that the project is exempt from CEQA, abuse of discretion, as defined, or failure to adopt, approve, or certify a negative declaration, addendum, environmental impact report, or comparable environmental review document, is deemed final for purposes of filing a petition to enforce the provisions of the act if the local agency did not make a final decision on whether to approve or disapprove a statutory or categorical exemption or a negative declaration, addendum, environmental impact report, or comparable environmental review document under CEQA, as specified, within a specified time period of the applicant's notice. 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.
Chaptered by Secretary of State - Chapter 768, Statutes of 2023.
Approved by the Governor.
Enrolled and presented to the Governor at 3:30 p.m.
In Assembly. Concurrence in Senate amendments pending.
Read third time. Passed. Ordered to the Assembly. (Ayes 21. Noes 3. Page 2726.).
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 67. Noes 2. Page 3489.).
Assembly Rule 63 suspended. (Page 3489.)
Read second time. Ordered to third reading.
Read third time and amended. Ordered to second reading.
Read second time. Ordered to third reading.
From committee: Amend, and do pass as amended. (Ayes 7. Noes 0.) (September 1).
Read second time and amended. Ordered returned to second reading.
From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (July 12).
Read second time and amended. Re-referred to Com. on APPR.
From committee: Do pass and re-refer to Com. on E.Q. (Ayes 11. Noes 0.) (June 20). Re-referred to Com. on E.Q.
In Senate. Read first time. To Com. on RLS. for assignment.
Read third time. Passed. Ordered to the Senate. (Ayes 70. Noes 1. Page 2029.)
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 15. Noes 0.) (May 18).
Joint Rule 62(a), file notice suspended. (Page 1580.)
In committee: Set, first hearing. Referred to APPR. suspense file.
Read second time and amended.
From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 8. Noes 0.) (April 24).
From committee chair, with author's amendments: Amend, and re-refer to Com. on NAT. RES. Read second time and amended.
Read second time and amended.
From committee: Amend, and do pass as amended and re-refer to Com. on NAT. RES. (Ayes 8. Noes 0.) (April 12).
Referred to Coms. on H. & C.D. and NAT. RES.
From printer. May be heard in committee March 20.
Read first time. To print.
| Bill Text Versions | Format |
|---|---|
| AB1633 | HTML |
| 02/17/23 - Introduced | |
| 04/13/23 - Amended Assembly | |
| 04/18/23 - Amended Assembly | |
| 04/27/23 - Amended Assembly | |
| 07/13/23 - Amended Senate | |
| 09/01/23 - Amended Senate | |
| 09/08/23 - Amended Senate | |
| 09/18/23 - Enrolled | |
| 10/11/23 - Chaptered |
| Document | Format |
|---|---|
| 04/10/23- Assembly Housing and Community Development | |
| 04/24/23- Assembly Natural Resources | |
| 05/15/23- Assembly Appropriations | |
| 05/19/23- ASSEMBLY FLOOR ANALYSIS | |
| 06/15/23- Senate Housing | |
| 07/10/23- Senate Environmental Quality | |
| 08/11/23- Senate Appropriations | |
| 09/01/23- Senate Appropriations | |
| 09/02/23- Sen. Floor Analyses | |
| 09/11/23- Sen. Floor Analyses | |
| 09/13/23- ASSEMBLY FLOOR ANALYSIS |
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