Rebecca Bauer-Kahan
- Democratic
- Assemblymember
- District 16
Author
The Planning and Zoning Law, among other things, authorizes a development proponent to submit an application for a housing development that is subject to a specified streamlined, ministerial approval process not subject to a conditional use permit, if the development satisfies certain objective planning standards. 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 it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA does not apply to the approval of ministerial projects. This bill would make a development that meets specified objective planning standards, including that, among other things, it is on a parcel that is within a zone where office, retail, health care, or parking are a principally permitted use, a permitted use and would require a local agency to review an application for that development on an administrative, nondiscretionary basis. The bill would require a local agency, within 60 calendar days of receiving an application pursuant to these provisions, to approve or deny the application subject to specified requirements, including that, among other things, if the local agency determines that the development is in conflict with any of the above-described standards, the local agency is required to provide the development proponent written documentation of which standard or standards the development conflicts with, as specified. The bill would provide that a development eligible for approval pursuant to this process is not a "project" for purposes of CEQA, thereby expanding the exemption for ministerial approval of projects under CEQA. By increasing duties on local governments in reviewing and approving these developments, the bill would impose a state-mandated local program. The bill would authorize a development proponent to bring an action to enforce the bill's provisions, as specified, and would make its provisions enforceable by the Attorney General and provide the Attorney General an unconditional right to intervene to enforce the bill's provisions. The bill would define various terms for these purposes. 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. 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.
Chaptered by Secretary of State - Chapter 820, Statutes of 2024.
Approved by the Governor.
Enrolled and presented to the Governor at 4 p.m.
Assembly Rule 77 suspended.
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 62. Noes 6.).
Read third time. Passed. Ordered to the Assembly. (Ayes 31. Noes 8.).
In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 30 pursuant to Assembly Rule 77.
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: Do pass. (Ayes 5. Noes 2.) (August 15).
Read second time and amended. Re-referred to Com. on APPR.
From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (July 3).
Read second time and amended. Re-referred to Com. on E.Q.
From committee: Amend, and do pass as amended and re-refer to Com. on E.Q. (Ayes 5. Noes 2.) (June 5).
In Senate. Read first time. To Com. on RLS. for assignment.
Read third time. Passed. Ordered to the Senate. (Ayes 60. Noes 8.)
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 11. Noes 3.) (May 16).
In committee: Set, first hearing. Referred to APPR. suspense file.
Coauthors revised.
Coauthors revised.
From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 1.) (April 22). Re-referred to Com. on APPR.
From committee: Do pass and re-refer to Com. on NAT. RES. (Ayes 8. Noes 1.) (April 17). Re-referred to Com. on NAT. RES.
(Pending re-refer to Com. on NAT. RES.)
Assembly Rule 56 suspended. (Page 4775.)
From committee chair, with author's amendments: Amend, and re-refer to Com. on L. GOV. Read second time and amended.
In committee: Set, first hearing. Hearing canceled at the request of author.
Referred to Coms. on L. GOV. and NAT. RES.
From printer. May be heard in committee March 7.
Read first time. To print.
| Bill Text Versions | Format |
|---|---|
| AB2085 | HTML |
| 02/05/24 - Introduced | |
| 04/09/24 - Amended Assembly | |
| 06/11/24 - Amended Senate | |
| 07/03/24 - Amended Senate | |
| 08/20/24 - Amended Senate | |
| 09/03/24 - Enrolled | |
| 09/28/24 - Chaptered |
| Document | Format |
|---|---|
| 04/16/24- Assembly Local Government | |
| 04/19/24- Assembly Natural Resources | |
| 05/06/24- Assembly Appropriations | |
| 05/20/24- ASSEMBLY FLOOR ANALYSIS | |
| 05/31/24- Senate Local Government | |
| 07/01/24- Senate Environmental Quality | |
| 08/02/24- Senate Appropriations | |
| 08/18/24- Sen. Floor Analyses | |
| 08/21/24- Sen. Floor Analyses | |
| 08/28/24- ASSEMBLY FLOOR ANALYSIS |
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