HomeMy WebLinkAboutConsider Positions on Legislation Pending Before State Legis Cv E .1.t.
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File #: 21-277 MEETING DATE: 4/5/2021
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Oliver Chi, City Manager
PREPARED BY: Travis K. Hopkins, Assistant City Manager
Subject:
Consider Positions on Legislation Pending before the State Legislature, as recommended by
the Intergovernmental Relations Committee (IRC)
Statement of Issue:
On March 17, 2021, the Intergovernmental Relations Committee (IRC), comprised of Mayor Kim
Carr, Mayor Pro Tem Tito Ortiz, and Council Member Mike Posey, discussed current local, state and
federal issues with relevance to Huntington Beach. Following discussion. the IRC chose to take
positions on certain proposed State legislation, which are being presented to the City Council for
approval. Those positions include: Oppose AB 339 (Lee): Support AB 361 (Rivas): Support AB 703
(Rubio); and Watch SB 6 (Caballero).
Financial Impact:
Not applicable.
Recommended Action:
A) Approve a City position of Oppose on Assembly Bill 339 (Lee) - State and local government: open
meetings; and/or,
B) Approve a City position of Support on Assembly Bill 361 (Rivas) - Open meetings: local agencies:
teleconferences, and/or,
C) Approve a City position of Support on Assembly Bill 703 (Rubio) - Open meetings: local agencies:
teleconferences; and/or,
D) Approve a City position of Watch on Senate Bill 6 (Caballero) - Local planning: housing:
commercial zones.
Alternative Action(s):
Do not approve one or more recommended legislative positions and direct staff accordingly.
City of Huntington Beach Page 1 of 3 Pnnted on 3/31/2021
43 pov+ereE by Legistar^
File #: 21-277 MEETING DATE: 4/5/2021
Analysis:
On March 17, 2021, the IRC is recommending positions on State legislation, which are being
presented to the City Council for approval:
1. OPPOSE - AB 339 (Lee) - State and local government: open meetings
This bill would allow for continued remote participation in local hearings and meetings.
However, it would require all meetings to include a call-in option and an internet-based service
option with extensive closed captioning services. This bill would also require legislative bodies
to translate all agendas and instructions for accessing the meeting into languages for which
5% of the population in the area governed by the local agency are speakers. Lastly, the bill
would require local agencies to provide in-person translation services for the aforementioned
languages. At this time, the bill does not account for how local agencies will implement and
fund these extensive technological and staffing requirements.
2. SUPPORT - AB 361 (Rivas) - Open meetings: local agencies: teleconferences
This bill codifies the Governor's executive orders (N-25-20, N-29-20, N-35-20) that permit local
city councils, boards, commissions, and other agencies to meet remotely via video and
teleconference during a declared emergency. To do so, local agencies must meet subsequent
or concurrent to a proclaimed state of emergency or declared local emergency, and declare
that the nature of the emergency would prevent them from safely meeting in person. This
would allow agencies to continue operating while also complying with the emergency
directives.
3. SUPPORT - AB 703 (Rubio) - Open meetings: local agencies: teleconferences
Current law limits teleconference meetings to "teleconference locations" which do not reflect
the modernization of virtual meetings that can be held in nearly any location with a computer
or mobile device. As such, AB 703 would eliminate the concept of "teleconference locations"
and allow local agencies greater flexibility when hosting virtual meetings. The bill would also
improve and enhance public access to local meetings and would be consistent with the digital
age and the Governor's current executive orders.
4. WATCH - SB 6 (Caballero) - Local planning: housing: commercial zones
This bill is a re-introduction of SB 1385 from the previous year. It establishes a housing
development project as an authorized use on a neighborhood lot, which is defined as a lot
zoned for office or retail commercial use under a local agency's zoning code or general plan.
SB 6 allows a local agency to exempt a lot zoned for commercial retail or office use from the
bill if the local agency concurrently reallocates the lost residential density to other lots so that
there is no net loss in residential production capacity. The density for the housing
development must meet or exceed the applicable density deemed appropriate to
accommodate housing for lower income households under housing element law. The housing
development is subject to local zoning, parking, design, and other ordinances, and must
comply with any design review or other procedural requirements imposed by the local
government. The IRC chose to take a Watch position and has asked TPA to present a
collective review of all current housing bills at the April 2021 IRC meeting, before the IRC
elects to take a position on any of them.
City of Huntington Beach Page 2 of 3 Printed on 3/31/2021
44 oowerea by Leg,var:.
File #: 21-277 MEETING DATE: 4/5/2021
Environmental Status:
Not applicable.
Strategic Plan Goal:
Non Applicable - Administrative Item
Attachment(s):
1. AB 339 (Lee)
2. AB 361 (Rivas)
3. AB 703 (Rubio)
4. SB 6 (Caballero)
City of Huntington Beach Page 3 of 3 Printed on 3/3 112 0 2 1
45 gowereo by Legwar-
City Council/ ACTION AGENDA April 5. 2021
Public Financing Authority
9. 21 -2 4 Approved the West Orange County Water Board (WOCWB) proposed budget
for Fiscal Year 2021/22, with the City of Huntington Beach amount of
$1,048,936
Recommended Action:
Approve the WOCWB Proposed budget for Fiscal Year 2021/22, with the City of Huntington
Beach amount of $1 048 936
Approved 7-0
10. 21-277 Took Positions on Legislation Pending before the State Legislature, as
recommended by the Intergovernmental Relations Committee (IRC)
Recommended Action:
A) Approve a City position of Oppose unless amended on Assembly Bill 339 (Lee) - State
and local government open meetings. and/or
B) Approve a City position of Support on Assembly Bill 361 (Rivas) - Open meetings local
agencies teleconferences and/or.
C) Approve a City position of Support on Assembly Bill 703 (Rubio) - Open meetings local
agencies teleconferences: and/or.
D) Approve a City position of Watch on Senate Bill 6 (Caballero) - Local planning housing.
commercial zones
Approved 7-0(A as amended, B, C and D)
11. 21-254 Approved the 2020 Housing Element Annual Progress Report (APR)
and forwarded to the California Department of Housing and Community
Development (HCD) and Governor's Office of Planning and Research (OPR)
Recommended Action:
Approve the 2020 Housing Element Progress Report and forward to the California Department
of Housing and Community Development and Governor's Office of Planning and Research
Approved 7-0
12. 21-235 Adopted Resolution No. 2021-21 designating the Chief Financial Officer, the
City Treasurer, the Assistant Chief Financial Officer, and the Finance
Manager-Treasury as persons authorized to execute Financial Transactions
in the name of the City of Huntington Beach
Recommended Action:
Adopt Resolution No 2021-21. "A Resolution of the City Council of the City of Huntington
Beach Authorizing the Manual and/or Facsimile Signatures of the Chief Financial Officer.
City Treasurer, Assistant Chief Financial Officer. and Finance Manager-Treasury as Persons
Authorized to Execute Financial Transactions in the Name of the City of Huntington Beach
Approved 7-0
CALIFORNIA LEGISLATURE-2021-22 REGULAR SESSION
ASSEMBLY BILL No. 339
Introduced by Assembly Members Lee and Cristina Garcia
January 28, 2021
An act to amend Sections 9027, 54953, 54954.2, 54954.1 1 1 122.5,
11123, 11125.7 of. and to add Sections 9027.1 and 9023.1 to, the
Government Code, relating to state and local government.
LEGISLATIVE COUNSEL'S DIGESr
A13 339, as introduced. Lce. State and local governmenC open
meetings.
Existing law requires all meetings, as defined, of a house of the
Legislature or a committee thereof to be open and public, and requires
all persons to be permitted to attend the meetings, except as specified.
This bill would require all meetings, including aatherings using
teleconference technology, to include an opportunity for all persons to
attend via a call-in option or an internet-based service option that
provides closed captioning services and requires both a call-in and an
internet-based service option to be provided to the public.The bill would
require all meetings to provide the public with an opportunity to
comment on proposed legislation, as provided, and requires translation
services to be provided for the 10 most-spoken languages, other than
English, in California, and would require those persons commenting in
a language other than English to have double the amount of time as
those iJving a comment in English, if time restrictions on public
comment are utilized, except as specified. The bill would require
instructions On how to attend the meeting to be posted at the time notice
of the meeting is publicized, as specified.
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AB339 —2—
Existing law, the Ralph M. Brown Act, requires, with specified
exceptions, that all meetings of a legislative body of a local agency, as
those terms are defined, be open and public and that all persons be
permitted to attend and participate.
This bill would require all meetings to include an opportunity for all
persons to attend via a call-in option or an Internet-based service option
that provides closed captioning services and requires both a call-in and
an internet-based service option to be provided to the public. The bill
would require, even in the case of a declared state or local emergency.
teleconferenced meetings to include an in-person public comment
opportunity. The bill would require all meetings to provide the public
with an opportunity to address the legislative body remotely via call-in
or Internet-based service, as provided, and would require instructions
on how to attend the meeting to be posted at the time notice of- the
meeting is publicized, as specified. The bill would also require the
legislative bodies of the local agency to employ a sufficient amount of
qualified bilingual persons to provide translation during the meeting in
the language ofa non-English-speaking person, in jurisdictions which
govern a substantial nwnber of non-English-speaking people, as defined.
Existing law, the Bagley-Keene Open Meeting Act, requires, with
specified exceptions, that all meetings of'a state body be open and public
and all persons be permitted to attend any meeting of a state body. The
Act requires at least one member of the state body to be physically
present at the location specified in the notice of the meeting.
This bill would require all meetings, as defined, to include an
opportunity for all persons to attend via a call-in option or an
internet-based service option that provides closed captioning services
and requires both a call-in and an internet-based service option to be
provided to the public. The bill Would require instructions on how to
attend the meeting via call-in or internet-based service to be posted
online along with the meeting agenda in an easily accessible location
at least 72 hours before all regular meetings and at least 24 hours before
all special meetings. The bill would require all meetings to provide the
public with an opportunity to address the legislative body remotely via
call-in or intemet-based service, as provided, and would require those
persons commenting in a language other than English to have double
the amount of time as those giving a comment in English, if time
restrictions on public comment are utilized, except as specified.
Existing law, the Dymally-Alatorre Bilingual Services Act, requires
any materials explaining services available to the public to be translated
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into any non-English language spoken by a substantial number of'the
public, as defined, served by the agency, and requires every state and
local agency serving a substantial number of non-English-speaking
people, as defined, to employ a sufficient number ol'qualified bilingual
persons in public contact positions or as interpreters to ensure provision
of information and services in the language of the non-English-speaking
person.
This bill would require legislative bodies of local agencies, and state
bodies, as defined, to translate agendas and instructions for accessing
the meeting to be translated into all languaaes for which >% of the
population in the area governed by the local agency, or state body's
jurisdiction, are speakers.
By imposing new duties on local governncnis with respect to
meetings, 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.
'['his bill would provide that no reimbursement is required by this act
for a specified reason.
The California Constitution requires local agencies, for the purpose
Of ensuring public access to the meetings of public bodies and the
writings of' public officials and agencies, to comply with a statutory
enactment that amends or enacts laws relating to public records or open
meetings and contains findings demonstrating that the enacnnent furthers
the constitutional requirements relating to this purpose.
This bill would make legislative findings to that effect.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
The people of the State of California cio enact as folloivS:
I SECTION 1. Section 9027 ofthe Government Code is amended
2 to read:
3 9027. Except as otherwise provided in this article, all meetings
4 of a house of the Legislature or a committee thereof shal I be open
5 and public, and all persons shall be pennitted to attend the
6 meetings. A&IWonally. all meetings shall include an oppormnitp
7 for all persons to attend via a Call-in option or an internet-based
3 service option that provides Closed captioning services. Both a
9 call-in and an internet-based service option shall be provided to
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AB339 —d-
1 the public. As used in this article, "meeting" means a gathering of
2 a quorum of the members of a house or committee in one-pPate
3 place, including a gathering using teleconference technology;, for
4 the purpose ofdiscussing legislative or other o111cial matters within
5 the jurisdiction of the house or committee. As used in this article,
6 "committee" includes a standing committee, joint committee,
7 conference committee, subcommittee, select committee, special
8 committee, research committee, or any similar body.
9 SEC. 2. Section 9027.1 is added to the Government Code, to
10 read:
11 9027.1. All meetings shall provide the public with an
12 opportunity to comment on proposed legislation, either in person
13 or remotely via call-in or internet-based service, consistent with
14 requirements in Section 9027. Persons commenting in person shall
15 not have more time or in any other way be prioritized over persons
16 commenting remotely via call-in or internet-based service.
17 Translation services shall be provided for the 10 most-spoken
I8 languages other than English, in California. If there are time
19 restrictions on public comment, persons giving a public comment
20 in a language other than English shall have double the amount of'
21 time as those giving a comment in English to allow for translation,
22 unless simultaneous translation equipment is available.
23 SEC. J. Section 9028.1 is added to the Government Code, to
24 read:
25 9028.1. Instructions on how to attend the meeting via call-in
26 or internet-based service shall be posted online in an easily
27 accessible location at the time the meeting is scheduled and notice
28 of the meeting is published. The posted instructions shall include
29 translations into the 10 most-spoken languages, other than English,
30 in California, and shall list a hotline that members of the public
31 can call for assistance, with assistance in the 10 most-spoken
32 languages provided.
33 SEC. 4. Section 54953 of the Government Code is amended
34 to read:
35 54953. (a) All meetings of the legislative body of a local
36 agency shall be open and public, and all persons shall be permitted
37 to attend any meeting of the legislative body of a local agency,
38 except as otherwise provided in this chapter. Adclitionally, crll
39 meetings shall inclucle an opportunity for all persons to attend via
40 a call-in option or an internet-based service option that pros icles
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1 c1oseci-ca1)tioni?kg services. Both a call-in and an internet-based
2 service option shall be proviced to the public.
3 (b) (1) Notwithstanding any other provision of lass, the
4 legislative body of a local agency may use teleconferencing for
5 the benefit of the public and the legislative body of a local agency
6 in connection with any meeting or proceeding authorized by lase.
7 The teleconferenced mectinv or proceeding shall comply with all
8 requirements ofthis chapterand all otherwise applicable provisions
9 of law relating to a specific type of meeting or proceeding.
10 (2) Teleconferencing, as authorized by this section, may be used
I I by members of the legislative both: for all purposes in connection
12 %with any meeting within the subject matter jurisdiction of the
13 legislative body.All votes taken during a teleconferenced meeting
14 shall be by rollcall.
15 (3) If the Legislative body of a local agency elects to use
16 teleconferencing, other than what is required by subdivision (a).
17 it shall post agendas at all teleconference locations and conduct
IS teleconference meetings in a manner that protects the statutory
19 and constitutional rights of the parties or the public appearing
20 before the legislative body of local agency. Each teleconference
21 location shall be identified in the notice and agenda ofthe meeting
22 or proceeding. and each teleconference location shall be accessible
23 to the public. During the teleconference, at least a quorum of the
24 members of the legislative body shall participate from locations
25 within the boundaries of the territon, over which the local agency
26 exercises jurisdiction, except as provided in subdivision (d). The
27 agenda shall provide an opportunity for members of the public to
28 address the legislative body directly pursuant to Section 54954.3
29 at each teleconference location.
30 (4) For the purposes of this section, "teleconference" means a
31 meeting of legislative body, the members of\which are in dillerent
32 locations, connected by electronic means, through either audio or
11
33 video, or both. Nothing in this section shall prohibit a local agency
34 from providing the public with additional teleconference locations.
35 (J) Arotwitlrstandinganvlawsthatprohibitin-persongovernment
36 meetings in the case ofa cleclared state of emergenc , including
37 a public health emergency. telecor ferenced meetings shall inclucle
38 an in-person public continent opporttmity. wherein members of
39 the public can report to a designated site to give public continent
40 in person.
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AB 339 —6-
1 (c) (1) No legislative body shall take action by secret ballot,
2 whether preliminary or final.
3 (2) The legislative body of a local agency shall publicly report
4 any action taken and the vote or abstention on that action of each
5 member present for the action.
6 (3) Prior to taking final action, the legislative body shall orally
7 report a summary of a recommendation for a final action on the
S salaries, salary schedules, or compensation paid in the form of
9 fringe benefits of a local agency executive, as defined in
10 subdivision (d) of Section 3511.1, during the open meeting in
I I which the final action is to be taken.This paragraph shall not affect
12 the public's right under the California Public Records Act(Chapter
13 3.5 (commencing with Section 6250) of Division 7 of Title I) to
14 inspect or copy records created or received in the process of
15 developing the recommendation.
16 (d) (I) Notwithstanding the provisions relating to a quorum in
17 paragraph (3) of subdivision (b), if a health authority conducts a
IS teleconference meeting, members who are outside thejurisdiction
19 of the authority may be counted toward the establishment of a
20 quorum when participating in the teleconference if at least 50
21 percent of the number of members that would establish a quorum
22 are present within the boundaries of the territory over which the
23 authority exercises jurisdiction, and the health authority provides
24 a teleconference number, and associated access codes, if any, that
25 allows any person to call in to participate in the meeting and the
26 number and access codes are identified in the notice and agenda
27 of the meeting.
28 (2) Nothing in this subdivision shall be construed as
29 discouraging health authority members from recularly meetinc at
30 a common physical site within the jurisdiction of the authority or
31 from using teleconference locations within or near thejurisdiction
32 of the authority. A teleconference meeting for which a quorum is
33 established pursuant to this subdivision shall be subject to all other
34 requirements of this section.
35 (3) For purposes of this subdivision, a health authority means
36 any entity created pursuant to Sections 14018.7, 14037.31,
37 14057.35, 14057.36, 14037.35, and 14087.9605 of the Welfare
3S and Institutions Code, anyjoint powers authority created pursuant
39 to Article I (commencing with Section 6500) of' Chapter 5 of
40 Division 7 for the purpose of contracting pursuant to Section
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1 14057.3 of the Welfare and Institutions Code, and any advisory
2 committee to a county sponsored health plan licensed pursuant to
3 Chapter2.2 (commencing with Section 1340) of Division 2 ofthe
4 Health and Safety Code if the advisory committee has 12 or more
5 members.
6 SEC. 5. Section 54954.2 of the Government Code is amended
7 to read:
S 54954.2. (a) (I) At least 72 hours before a regular meeting,
9 the legislative body of the local agency, or its designee, shall post
10 an agenda containing a brief general description of each item of
I I business to be transacted or discussed at the meeting, including
12 items to be discussed in closed session.A briefgeneral description
1 3 of an item generally need not exceed 20 words. The agenda shall
14 specify the time and location of the regular meeting and shall be
15 posted in a location that is freely accessible to members of the
16 public and on the local agency's,internet Website.
17 if the local agency has one. Ifrequested, the agenda shall be made
18 available in appropriate alternative formats to persons with a
19 disability, as required by Section 202 of the Americans with
20 Disabilities Act of 1990 (42 U.S.C. See. 12132), and the federal
21 rules and regulations adopted in implementation thereof The
22 agenda shall include information regarding how, to whom, and
23 when a request for disability-related modification or
24 accommodation, including auxiliary aids or services, may be made
25 by a person with a disability who requires a modification or
26 accommodation in order to participate in the public meeting. In
27 compliance with the wmcrliv-Alworre Bilingual Serriccw lict
28 (Chapter 17.5 (commencing with Section 7290) of Division 7 of
29 Title 1). agerndas and instructions for accessing the meeting.
30 Whether teleconferenced or in person, shall be tr nslated into all
3 I languages for which i percent oj' the population in the area
32 governed by the local agency is a speaker
33 (2) I-or a meeting occurring on and after January 1, 2019, of a
34 legislative body of a city, county, city and county, special district,
35 school district, or political subdivision established by the state that
36 has an+ite- te.internet website. the following provisions
37 shall apply:
38 (A) An online posting of an agenda shall be posted on the
39 primary-lnifffti lt:b-site internet website homepage of a city,
40 county, city and county, special district, school district, or political
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AB339 —8-
1 subdivision established by the state that is accessible through a
2 prominent, direct link to the current agenda. The direct link to the
3 agenda shall not be in a contextual menu; however, a link in
4 addition to the direct link to the agenda may be accessible through
5 a contextual menu.
6 (13) An online posting of an agenda including, but not limited
7 to, an agenda posted in an integrated agenda management platform,
8 shall be posted in an open format that meets all of the following
9 requirements:
10 (i) Retrievable, downloadable, indexablc, and electronically
I 1 searchable by commonly used Internet search applications.
12 (it) Platform independent and machine readable.
13 (iii) Available to the public free of charge and Without any
Id restriction that would impede the reuse or redistribution of the
15 agenda.
16 �(C) A legislative body of a city, county, city and county, special
17 district, school district, or political subdivision established by the
IS state that has an site uuernet website and an integrated
19 agenda management platform shall not be required to comply with
20 subparagraph (A) ifall ofthe following are met:
21 (i) A direct link to the integrated agenda management platform
22 shall be posted on the primary Internet Web site internet website
23 homepage of a city, county, cite and county, special district, school
24 district,or political subdivision established by the state. The direct
25 link to the integrated agenda management platform shall not be in
26 a contextual menu. When a person clicks on the direct link to the
27 integrated agenda management platform, the direct link shall take
28 the person directly to an intemet 'A b site internet website with
29 the agendas of' the legislative body of a city, count\,, city and
30 county, special district, school district, or political subdivision
31 established by the state.
32 (ii) The integrated agenda management platform may contain
33 the prior agendas of a legislative body of a city, county, city and
34 county, special district, school district, or political subdivision
35 established by the state for all meetings occurring on or after
36 January 1, 2019.
37 (iii) The current agenda ofthe legislative body ofa city, county,
38 city and county, special district, school district, or political
39 subdivision established by the state sha11 be the first agenda
40 available at the top of the integrated agenda management platform.
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1 (iv) All agendas posted in the integrated agenda management
2 platform shall comply with the requirements in clauses (i), (ii),
3 and (iii) of subparagraph (13).
4 (D) I-or the purposes of' this paragraph, both of the following
5 definitions shall apply:
6 (i) `Integrated agenda management platform" means an f»irniet
7 eke internet website ofa city,county,city and county, special
8 district, school district, or political subdivision established by the
9 state dedicated to providing the entirety of the agenda information
10 for the legislative body of the city, county, city and county, special
I I district, school district, or political subdivision established by the
12 state to the public.
13 (ii) "Legislative body' has the same meaning as that term is
14 used in subdivision (a) of Section 54952.
15 (F..) The provisions ofthis paragraph shall not apply to a political
16 subdivision ofa local agency that was established by the legislative
17 body of the city, county, city and county, special district, school
18 district, or political subdivision established by the state.
19 (3) No action or discussion shall be undertaken on any item not
20 appearing on the posted agenda, except that members of a
21 legislative body or its staf7may briefly respond to statements made
22 or questions posed by persons exercising their public testimony
23 rights under Section 54954.3. In addition, on their own initiative
24 or in response to questions posed by the public, a member of a
25 legislative body or its stall' may ask a question for clarification,
26 make a brief announcement, or make a brief report on his or her
27 the member''s own activities. Furthermore, a member of' a
28 legislative body, or the body itself. subject to rules or procedures
29 of the legislative body, may provide a reference to staff or other
30 resources for factual intormation, request staff to report back to
31 the body at a subsequent meeting concerning any matter. or take
32 action to direct stall to place a matter of business on a future
33 agenda.
34 �(b) Notwithstanding subdivision (a), the legislative body may
35 take action on items of business not appearing on the posted agenda
36 under any of the conditions stated below. Prior to discussing- any
37 item pursuant to this subdivision, the legislative body shall publicly
38 identify the item.
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Ali 339 — I if—
1 (1) Upon a determination by a majority vote of the legislative
2 body that an emergency situation exists, as defined in Section
3 54956.5.
4 (2) Upon a determination by a two-thirds vote of the members
5 of the legislative body present at the meeting, or, if' less than
6 two-thirds of'the members are present, a unanimous vote of those
7 members present, that there is a need to take immediate action and
S that the need for action came to the attention of the local agency
9 subsequent to the agenda being posted as specified in subdivision
10 (a).
I I (3) The item was posted pursuant to subdivision (a) fir a prior
12 meeting of the legislative body occurring not more than fie
13 calendar days prior to the date action is taken on the item, and at
14 the prior meeting the item was continued to the meeting at which
15 action is being taken.
16 (c) This section is necessary to implement and reasonably within
17 the scope of'paragraph (I)ofsubdivision (b)of'Section 3 ofArticle
IS I of the California Constitution.
19 (d) For purposes of subdivision (a), the requirement that the
20 1._. __._C. 11 L
agenda e posted On the 10c$I a}�'eTlcy'S i�ccli�cc vv�cu 31ic, f111e1'ne!
21 website. if the local agency has one, shall only apply to a legislative
22 body that meets either of the J*ollowing standards:
23 (1) A legislative body as that term is defined by subdivision (a)
24 of Section 54952.
25 (2) A legislative body as that term is defined by subdivision (b)
26 of Section 54952, if the members of the legislative body are
27 compensated for their appearance, and if one or more of the
28 members of the legislative body are also members of a legislative
29 body as that term is defined by subdivision (a) of Section 54952.
30 SEC. 6. Section 54954.3 of the Government Code is amended
31 to read:
32 54954.3. (a) Every agenda for regular meetings shall provide
33 an opportunity for members of the public to directly address the
34 legislative body on any item of interest to the public, before or
35 during the. legislative body's consideration of the item, that is
36 within the subject matter jurisdiction of the legislative body,
37 provided that no action shall be taken on any item not appearing
38 on the agenda unless the action is otherwise authorized by
39 subdivision (b)of Section 54954.2.All meetings must also provide
40 the public with an opportunity to acich-ess the legislative body
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1 remotely via earl!-in and internet-based service, consistent with
2 requirements in Section 54,953. Persons commenting in person
3 shall not have more time or in anv other wqv be prioritized over
4 persons commenting renuuely via call-in or iwernet-basedservice.
5 Instructions on how to attend the meeting via call-in or
6 internet-bcrsecl service shall be ported online along with the meeting
7 agenda in an easil' accessible location. However,the agenda need
3 not provide an opportunity for members of the public to address
9 the legislative body on any item that has already been considered
10 by a committee, composed exclusively of members of the
I I legislative body,at a public meeting wherein all interested members
12 of the public were afforded the opportunity to address the
13 committee on the item, before or during the committee's
14 consideration of the item, unless the item has been substantially
15 changed since the committee heard the item, as determined by the
16 legislative body. Every notice for a special meeting shall provide
17 an opportunity for members of the public to directly address the
13 legislative body concerning any item that has been described in
19 the notice for the meeting before or during consideration of that
20 item.
21 (b) (1) The legislative body of' a local agency may adopt
22 reasonable regulations to ensure that the intent of subdivision (a)
23 is carried out, including, but not limited to, regulations limiting
24 the total amount of time allocated for public testimony on particular
25 issues and for each individual speaker.
26 (2) Notwithstanding paragraph (1), when the legislative body
27 of a local agency limits time for public comment, the legislative
28 body of a local agency shall provide at least twice the allotted time
29 to a member of the public who utilizes a translator to ensure that
30 non-English speakers receive the same opportunity to directly
31 address the legislative body of a local agency.
32 (3) Paragraph (2) shall not apply if the legislative body of a
33 local agency utilizes simultaneous translation equipment in a
34 manner that allows the legislative body of a local agency to hear
35 the translated public testimony simultaneously.
36 (c) The legislative body of a local agency shall not prohibit
37 public criticism ofthe policies, procedures, programs, or services
3S of the agency, or of the acts or omissions of the legislative body.
39 Nothing in this subdivision shall confer any privilege or protection
40 for expression beyond that otherwise provided by law.
91)
56
AB339 — 12-
1 ((1) Legi.s•lcrtive bodies oflocal agencies•shall employ a sufficient
2 cnnotrnt gfqucrlified bilingual persons to provide trcurslcrtion during
3 the meeting in the language of the non-English-speaking person.
4 in jurisdictions which govern a substantial number of
5 non-English-spe(ikingpeople. "AJarr English-speaking people" is
6 domed as members of a group who either do not speak English.
7 a• who are unable to effectively communicate in English because
S it is not their native language. and who comprise .i percent or
9 more of the people served by the statewide or arw local office or
10 facilin; of a state agency.
1 1 SEC. 7. Section 1 I IT) 5 of the Government Code is amended
12 to read:
13 1 1 122.5. (a) As used in this article, "meeting" includes any
14 congregation of a majority of the members of'a state-body bocly.
15 including a virtual congregation using teleconference technologi
16 at the same time and place to hear, discuss, or deliberate upon any
17 item that is within the subject matterjurisdiction of the state body
IS to which it pertains.
19 (b) (1) A majority of the members of a state body shall not,
20 outside of a meeting authorized by this chapter, use a series of
21 communications of any kind, directly or through intermediaries,
22 to discuss, deliberate, or take action on any item of'business that
23 is within the subject matter of the state body.
24 (2) Paragraph (1)shall not be construed to prevent an employee
25 or official of a state agency from engaging in separate
26 conversations or communications outside of a meeting authorized
27 by this chapter with members of a legislative body in order to
2S answer questions or provide information regarding a matter that
29 is within the subject matterjurisdiction of the state agency, if that
30 person does not communicate to members of the legislative body
31 the comments or position of any other member or members of the
32 legislative body.
33 (c) The prohibitions of this article do not apply to any of the
34 following:
35 (1) Individual contacts or conversations between a member of
36 a state body and any other person that do not violate subdivision
37 (b).
3S (2) (A) 'I'he attendance of a majority of the members of a state
39 body at a conference or similar gathering open to the public that
40 involves a discussion of issues of general interest to the public or
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57
— 13— Ali 339
1 to public agencies ofthe type represented by the state body, if a
2 majority ofthe members do not discuss among themselves, other
3 than as part of' the scheduled program, business of' a specified
4 nature that is within the subject matter jurisdiction of the state
5 body.
6 (13) Subparagraph (A) does not allow members of the public
7 free admission to a conference or similar gathering at which the
S organizers have required other participants or registrants to pay
9 fees or charges as a condition of attendance.
10 (3) The attendance ofa majority ofthe members ofa state body
I I at an open and publicized meeting organized to address a topic of
12 state concern by a person or organization other than the state body,
13 if a majority ofthe members do not discuss among themselves,
14 other than as part of the scheduled program, business ofa specific
15 nature that is within the subject matter jurisdiction of the state
16 body.
17 (4) The attendance ofa majority ofthe members ofa state body
1S at an open and noticed meeting of another state body or of' a
19 legislative body ofa local agency as defined by Section 54951, if
20 a majority ofthe members do not discuss among themselves,other
21 than as part ofthe scheduled meeting, business ofa specific nature
22 that is within the subject matterjurisdiction of the other state body.
23 (5) The attendance ofa majority ofthe members ofa state body
24 at a purely social or ceremonial occasion, if a majority of the
25 members do not discuss among themselves business ofa specific
26 nature that is within the subject matter jurisdiction of the state
27 body.
28 (6) The attendance ol'a majority ofthe members ofa state body
29 at an open and noticed meeting of a standing committee of that
30 body, if the members of the state body who are not members of
31 the standing committee attend only as observers.
32 SEC. 8. Section 1 1 123 of the Government Code is amended
33 to read:
34 11123). (a) All meetings of a state body shall be open and
35 public and all persons shall be permitted to attend any meeting of
36 a state body except as otherwise provided in this article.
37 Additionally, all meetings shall include on oppornmuy jar all
38 persons to attend via a call-in option or ern internet-based service
39 option that provides closed caplioning services. Both a call-in and
40 an internet-bast<d service option shall be provided to the public.
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AR339 — ld-
1 (b) (1) This article does not prohibit a state body from holding
2 an open or closed meeting by teleconference for the benefit of the
3 public and state body. The meeting or proceeding held by
4 teleconference shall otherwise comply with all applicable
5 requirements or laws relating to a specific type of meeting or
6 proceeding, including the following:
7 (A) The teleconferencing meetina shall comply with all
8 requirements of this article applicable to other meetings.
9 (13) The portion of the teleconferenced meeting that is required
10 to be open to the public shall be audible to the public at the location
I I specified in the notice ofthe meeting.
12 (C) I['the state body elects to conduct a meeting or proceeding
13 by teleconference, other than what is required by sabclivision (a)
14 and such that all members of the body that are present (It the
15 meeting are teleconferencntg into the meeting, it shall post agendas
16 at all teleconference locations and conduct teleconference meetings
17 in a manner that protects the rights of any party or member of the
18 public appearing before the state body. Each teleconference
19 location shall be identified in the notice and agenda ofthe meeting
20 or proceeding; and each teleconference location shall be accessible
21 to the public.The agenda shall provide an opportunity for members
22 of the public to address the state body directly pursuant to Section
23 1 1 125.7 at each teleconference location.
24 (D) All votes taken during a teleconferenced meeting shall be
25 by rollcall.
26 (E) The portion of the teleconferenced meeting that is closed
27 to the public may not include the consideration of any agenda item
28 being heard pursuant to Section I 1125.5.
29 (F) At least one member of the state body shall be physically
30 present at the location specified in the notice of the nretinig
31 meeting to ensure that members of the public are able to give
32 public comment in person. This location must be publicly accessible
33 crud able to accommodate a reasonable antouni of people. given
34 the circumstances.
35 (2) For the purposes Of this subdivision, "teleconference means
36 a meetina of a state body, the members of which are at different
37 locations, connected by electronic means, through either audio or
38 both audio and video.=Fltis While this section requires that both
39 an call-in and Internet-bored service are available to the public
40 to join all open meetings that ore held in-person, this section does
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59
— 15— AB 339
1 not prohibit a state body from providing members of the public
2 with additional locations in or opporttmities b'v which the public
3 may observe or address the state body by electronic means,through
4 either audio or both audio and video.
5 (c) hrstruciionc on how to atiencl the meeting via call-it or
6 internet-basecl service shall be posted online along with the meeting
7 agenda in ern easily accessible location at least 72 hours be ore
8 all regular meetings and at least 4 hours before all special
9 meetings. hi comlilimrce with the Dvnmlly-Alatorre Bilingual
10 Services Act(Chapter 17.5 (connnerrcitg with Section 7290) of
I Division 7 of Title 1). the posted instructions shall also he
12 translated into all lmtgziages of which 5 percent of the population
13 of the state boc(v's jzn-isdiction speaks.
14 (�j
15 (c0 The state body shall publicly report any action taken and
16 the vote or abstention on that action of each member present for
17 the action.
is SEC. 9. Section 1 1 125.7 of the Government Code is amended
19 to read:
20 1 1 125.7. (a) Except as otherwise provided in this section, the
21 state body shall provide an opportunity for members of'the public
22 to directly address the state body on each agenda item before or
23 during the state body's discussion or consideration of the item.
24 This section is not applicable if the agenda item has already been
25 considered by a committee composed exclusively of'members of
26 the state body at a public meeting where interested members of
27 the public were afforded the opportunity to address the committee
28 on the item, before or durin.* the committee's consideration ofthe
29 item, unless the item has been substantially changed since the
30 committee heard the item, as determined by the state body. Even
3 I notice for a special meeting at which action is proposed to be taken
32 on an item shall provide an opportunity for members of the public
33 to directly address the state body concerning that item prior to
34 action on the item. In addition, the notice requirement of Section
35 11 t25 shall not preclude the acceptance oftestimony at meetings,
36 other than emergency meetings, from members of the public if no
37 action is taken by the state body at the same meeting on matters
38 brought before the body by members of the public.
39 (b) In compliance with subclivision (a) afSection 11123, public
40 comment shall be mcrcle available for those attending arry meeting
99
60
AB339 — 16—
l via call-m or imernet-based service option. Persons commenting
2 in person shall not have more time or in cnry other wUv be
3 prioritized over persons commenting remotelY vier call-in at-
4 uuernel-based service.
6 (krj
6 (c) The state body may adopt reasonable regulations to ensure
7 that the intent ol'subdivision (a) is carried out, including, but not
S limited to, regulations limiting the total amount of time allocated
9 for public comment on particular issues and for each individual
10 speaker.
1 l H
12 (cl) (1) Notwithstanding subdivision (b), when a state body
13 limits time for public comment the state body shall provide at least
14 twice the allotted time to a member of the public who utilizes a
15 translator to ensure that non-English speakers receive the same
16 opportunity to directly address the state body. In compliance with
17 the Dvnutlly-Alatorre Bilingual Services Act (Chapter 17.5
Is (Commencing with Section 7290) of Division 7 of Title 1),
19 translation services shall be proviclecl fear all languages of which
20 5 percent ofthe population of llre state body's jro•iscliction speaks.
21 Should there be a limit on speaking time, persons commenting in
22 another longuage shall be given twice as much time as those
23 commenting in English in orcler to accommodate time for
24 ownslulion services. This is not required when simuhaneous
25 translation services are available.
26 (2) Paragraph (1) shall not apply if the state body utilizes
27 simultaneous translation equipment in a manner that allows the
28 state body to hear the translated public testimony simultaneously.
29 (4)
30 (e) The state body shall not prohibit public criticism of the
31 policies, programs, or services of the state body, or of the acts or
32 omissions ofthe state body. Nothing in this subdivision shall conler
33 any privilege or protection for expression beyond that otherwise
34 provided by lass.
35 (e)
36 (J) This section is not applicable to closed sessions held pursuant
37 to Section I 1126.
39 (g) This section is not applicable to decisions regarding
40 proceedings held pursuant to Chapter 5 (commencing with Section
99
61
- 17— Aft 339
1 11500), relating to administrative adjudication, or to the conduct
2 ofthose proceedings.
4 (h) This section is not applicable to hearings conducted by the
i California Victim Compensation Board pursuant to Sections 13963
6 and 13963.L
7 (hj
S (i) This section is not applicable to agenda items that involve
9 decisions of the Public Utilities Commission regarding adjudicatooy
10 hearings held pursuant to Chapter 9 (commencing with Section
1 1 1701) of Part I of Division I of the Public Utilities Code. For all
12 other agenda items, the commission shall provide members of the
13 public, other than those who have already participated in the
14 proceedings underlying the agenda item,an opportunity to directly
15 address the commission before or during the commission's
16 consideration of-the item.
17 SEC. 10. No reimbursement is required by this act pursuant to
1S Section 6 ofArticle XI11 B of tile California Constitution because
19 the only costs that may be incurred by a local agency or school
20 district under this act would result from a legislative mandate that
21 is within the scope of paragraph (7) of subdivision (b) of Section
22 3 of Article I of the California Constitution.
23 SEC. 11. The Legislature finds and declares that Sections 4,
24 5, and 6 of this act, which amend Section 54953, 54954.2, and
25 54954.3 of the Government Code, further. within the meaning of
26 paragraph (7) of subdivision (b) of Section 3 of Article I of the
27 California Constitution, the purposes of that constitutional section
28 as it relates to the right of public access to the meetings of local
29 public bodies or the writings of local public officials and local
30 agencies. Pursuant to paragraph (7) of subdivision (b) of Section
31 3 ofArticle I of the California Constitution, the Legislature makes
32 the following findings:
33 The provisions of the act allow for greater public access through
34 requiring specified entities to provide a call-in and internet-based
35 service and instructions on how to access these options to the public
36 for specified meetings and allow for greater accommodations for
37 non-English speakers attending the meetings.
O
99
62
CALIFORNIA LEGISLATURE:-2021-22 REGULAR SESSION
ASSEMBLY BILL No. 361
Introduced by Assembly Member Robert Rivas
February 1, 2021
An act to amend Section 54953 of the Government Code, relating to
local government.
LEGISLATIVE COUNSPL'S DIGEST
AB 361, as introduced, Robert Rivas. Open meetings: local agencies:
teleconferences.
Existing law, the Ralph N9. Brown Act requires, with specified
exceptions, that all meetings of a le_islative body of a local agency, as
those terms are defined, be open and public and that all persons be
permitted to attend and participate.The act contains specified provisions
regarding the timelines for posting an agenda and providing for the
ability of'the public to directly address the legislative body on any item
of interest to the public.The act generally requires all regular and special
meetings of the legislative body be held within the boundaries of the
territory over which the local agency exercises jurisdiction, subject to
certain exceptions. The act allows for meetings to occur via
teleconferencing subject to certain requirements, particularly that the
legislative body notice each teleconference location of each member
that will be participating in the public meeting, that each teleconference
location be accessible to the public, that members of the public be
allowed to address the legislative body at each teleconference location,
that the legislative body post an agenda at each teleconference location,
and that al least a quorum of the legislative body participate from
locations within the boundaries of the local agency's jurisdiction. The
99
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AB361 —t—
act provides an exemption to the jurisdictional requirement for health
authorities, as defined.
[Existing law, the California Emergency Services Act, authorizes the
Governor, or the Director of Emergency Services when the governor
is inaccessible, to proclaim a state of emergency under specified
circumstances, and authorizes a specified legislative body or an official
designated to proclaim a local emergency. Existing law allows a local
health officer to declare a local public health emergency, which, after
7 days, must be ratified by the county board of' supervisors, or city
council, as applicable, in order to remain in place.
Executive Order No. N-29-20 suspends the Ralph M. Brown Act's
requirements for teleconferencing during the COVID-19 pandemic
provided that notice and accessibility requirements are met, the public
members are allowed to observe and address the legislative body at the
meeting, and that a legislative body of'a local agency has a procedure
for receiving and swiftly resolving requests for reasonable
accommodation for individuals with disabilities, as specified.
This bill would authorize a local agency to use teleconferencing
without complying with the teleconferencing requirements imposed by
the Ralph M. Brown Act when a legislative body of a local agency
holds a meeting- for the purpose of declaring or ratifying a local
emergency, during a declared state or local emergency, as those terms
are defined, when state or local health officials have imposed or
recommended measures to promote social distancing, and during a
declared local emergency provided the legislative body makes certain
determinations by majority vote. The bill would require legislative
bodies that hold teleconferenced meetings under these abbreviated
teleconferencing procedures to give notice of the meeting and post
agendas, as described, to allow members of the public to access the
meeting and address the legislative body, to give notice of the means
by which members of the public may access the meeting and offer
public comment, as provided, to conduct the meeting in a manner that
protects the statutory and constitutional rights of' the parties and the
public appearing before the legislative body.
This bill would declare the Legislature's intent, consistent with the
Governor's Executive Order No. N-29-20, to improve and enhance
public access to local agency meetings during the COVID-19 pandemic
and future emergencies by allowing broader access through
teleconferencing options.
99
64
-3— AB 361
The California Constitution requires local agencies, for the purpose
of' ensuring public access to the mcctinUs of public bodies and the
writings of public officials and agencies, to comply with a statutory
enactment that amends or enacts laws relating to public records or open
meetings and contains findims demonstrating that the enactment furthers
the constitutional requirements relating to this purpose.
'['his bill would make legislative findings to that effect.
Vote: majority- Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
The people of the State gl'Calrfornicr clo enact err fr)llows:
I SECTION I. Section 54953 of the Government Code is
2 amended to read:
3 54953. (a) All meetings of the legislative body of a local
4 agency shall be open and public,and all persons shall be permitted
5 to attend any meetin-, of the legislative bodv of a local aaencv.
6 except as otherwise provided in this chapter.
7 (b) (I) Notwithstanding any other provision of' law, the
S legislative body of a local agency may use teleconferencing for
9 the benefit of the public and the legislative body of a local agencv
10 in connection with any meeting or proceeding authorized by law.
I I The teleconferenced meeting or proceeding shall comply with all
12 otherwise applicable requirements of this chapter and all otherwise
13 applicable provisions of law relating to a specific type of'meetinv
14 or proceeding.
15 (2) Teleconferencing, as authorized by this section, may be used
16 Ibr all purposes in connection with any meeting within the subject
17 nhatterjurisdiction of the legislative body. All votes taken during
IS a teleconferenced meeting shall be by rollcall.
19 (3) If the legislative body of' a local agency elects to use
20 teleconferencing, it shall post agendas at all teleconference
21 locations and conduct teleconference meetings in a manner that
22 protects the statutory and constitutional rights of the parties or the
23 public appearing before the legislative body of a local agency.
24 Fach teleconference location shall be identified in the notice and
25 agenda of' the meeting or proceeding, and each teleconference
26 location shall be accessible to the public. During the teleconference,
27 at least a quorum of the members of the legislative body shall
23 participate from locations within the boundaries of the territory
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65
AB 361 —4-
1 over which the local agency exercises jurisdiction, except as
2 provided in subdivision d). suhclivisions (co an(! (e). The agenda
3 shall provide an opportunity for members of the public to address
4 the legislative body directly pursuant to Section 54954.3 at each
5 teleconference location.
6 (4) For the purposes of this section, "teleconference" means a
7 meeting ofa legislative body, the members of\which are in different
8 locations, connected by electronic means, through either audio or
9 video, or both. Nothing in this section shall prohibit a local agency
10 from providing the public with additional teleconference locations.
I I (c) (1) No legislative body shall take action by secret ballot,
12 whether preliminary or final.
13 (2) The legislative body ofa local agency shall publicly report
14 any action taken and the vote or abstention on that action of each
15 member present for the action.
16 (3) Prior to taking final action, the legislative body shall orally
17 report a summary of a reconuncndation for a final action on the
18 salaries, salary schedules, or compensation paid in the form of
19 fringe benefits of a local agency executive, as defined in
20 subdivision (d) of Section 351 I.I, during the open meeting, in
21 which the final action is to be taken. This paragraph shall not affect
22 the public's right under the California Public Records Act(Chapter
23 3.5 (commencing with Section 6250) of Division 7 of Title f) to
24 inspect or copy records created or received in the process of
25 developing the recommendation.
26 (d) (1) Notwithstanding the provisions relating to a quorum in
27 paragraph (3) of subdivision (b), if a health authority conducts a
28 teleconference meeting, members who are outside the jurisdiction
29 of the authority may be counted toward the establishment of a
30 quortun when participating in the teleconference if at least 50
31 percent of the number of members that would establish a quorum
32 are present within the boundaries of the territory over which the
33 authority exercises jurisdiction, and the health authority provides
34 a teleconference number, and associated access codes, if any, that
35 allows any person to call in to participate in the meeting and the
36 number and access codes are identified in the notice and agenda
37 of the meeting.
38 (2) Nothing in this subdivision shall be construed as
39 discouraging health authority members from regularly meeting at
40 a common physical site within the jurisdiction of the authority or
99
66
-5— AB361
1 from using teleconference locations within or near thejurisdiction
2 of the authority. A teleconference meeting for which a quorum is
3 established pursuant to this subdivision shall be subject to all other
4 requirements ofthis section.
5 (3) For purposes of this subdivision, a health authority means
6 any entity created pursuant to Sections 14018.7. 14087.31,
7 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare
8 and Institutions Code, anyjoint powers authority created pursuant
9 to Article 1 (commencinU with Section 6500) of* Chapter 5 of
10 Division 7 for the purpose of contracting pursuant to Section
11 14087.3 of'tile Welfare and Institutions Code, and any advisory
12 committee to a county sponsored health plan licensed pursuant to
13 Chapter 2.2 (commencing with Section 1340) of Division 2 of the
14 Health and Safety Code if the advisory committee has 12 or more
15 members.
16 (e) (1) A local agency rngy use teleconfermcing without
17 complving with due requirements ofpora,graph (3) ofsubclivision
IS ("b) if the legislative body complies with the requirements of
19 paragraph (2) of this subdivision in cur of the following
20 circumstances:
21 (A) The legislative body holds a meeting jar the purpose of
22 proclaiming or ratifying a local emergencv.
23 (B) The legislative bock holds a meeting during a proclaimed
24 state ofernergencv or cleclared local errnetgenct, and state or local
25 officials have imposed or recommended treasures to promote
26 social distancing.
27 (C) The legislative body holds a meeting during ct declo-ed local
28 emergencv and the legislotive bodv determines by majority vote
29 that, as a result of the emergency the attenclance of one or more
30 members of the legislative bodv in person is hindere(l, o meeting
3I in person world present risks to the health o'safe(v oJattendees.
32 (2) A legislative bodv that holds a meeting pursuant to this
33 subdivision shall do all of the following:
34 Q) The legislative bodv shall give notice of lie meeting anal
35 post agenclas as othenri.se required by this chapter.
36 (B) The legislative both- shall allow members of the public to
37 access the meethng and the agenda shall provide on opportmnav
38 for members of the public to crcldress the legislative bodv clirectly
39 pursuant to Section 54954.3. In each instance in which notice of
40 the time of the telecorfcrenced meeting is otherwise given or the
99
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AB 361 —6-
1 agencla.for the meeting is otherwise posted, the legislative bodv
2 shall also give notice of the means bi, which members ofthe public
3 rncry access the meeting and offer public continent. This
4 subparagraph shall not be construed to require the legislative
5 bodv to provide a plrysical location from which the public may
6 attend or'continent.
7 (C) The legislative bocly shall corrcluct teleconference meetings
S in a manner that protects the stanamy and constitutional rights
9 of the parties and the public appearing before the legislative bock
10 of a local agency.
11 (3) For the purposes of this svrbclivision. thejollosving definitions
12 shall apply:
l) (A) -State of emergency," means a state of emergencv
14 proclaimed purrsuant ro Section 862.i of the California Enuergencv
16 Services Act (.Article 14 (commenchgg with Section 8»0) of
16 Chapter 7 of Division of Tide 2.
17 (B) "Local emergency" means an emergency proclaimed
1S pursuant to Section 8630 of the CaliJin•nia Emergency Services
19 Act (Article 14 (commencing with Section 8550) of Chapter 7 of
20 Division I of Title 2 as a result ofconclitions existing in a/l or a
21 portion of the juriscliction of the local agency Local emervencv
22 refers onlY to local emergencies in the jurisdiction in which due
23 legislative bodv is locatecl.
24 SEC. 2. It is the intent of the Legislature in enacting this act
25 to improve and enhance public access to local agency meetings
26 during the COVID-19 pandemic and future applicable emergencies,
27 by allowing broader access through telceonlcrencing options
28 consistent with the Governor's Executive Order No. N-29-20 dated
29 March 17, 2020, permitting expanded use of teleconferencing
30 during the COVID-19 pandemic.
31 SEC. 3. The Legislature finds and declares that Section I of'
32 this act, which amends Section 54953 of the Government Code,
33 fiurthers. within the meaning of paragraph (7) of subdivision (b)
34 of Section 3 ofArticle I of the California Constitution, the purposes
35 of that constitutional section as it relates to the right of' public
36 access to the meetings of local public bodies or the writings of
37 local public officials and local agencies. Pursuant to paragraph (7)
3S of subdivision (b) of Section 3 of Article I of the California
39 Constitution, the Legislature makes the following findings:
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68
-7— AB361
1 This act is necessary to ensure minimum standards for public
2 participation and notice requirements allowing- for greater public
3 participation in teleconference meetings during applicable
4 emergencies.
O
ee
69
CALIFORNIA LEGISLATURE-2021-22 REGULAR SESSION
ASSEMBLY BILL No. 703
Introduced by Assembly tMember Blanca Rubio
February 16, 2021
An act to amend Section 54953 of the Government Code, relating- to
local t_>overnment.
LEGISLATIVE COUNSEL'S DIGEST
AB 703,as introduced, Blanca Rubio. Open meetings: local agencies:
teleconferences.
Existing- law, the Ralph M. Brown Act, requires, with specified
exceptions, that all meetings of a legislative body of a local agency, as
those terms are defined, be open and public and that all persons be
permitted to attend and participate.The act contains specified provisions
regarding the timelines for posting an agenda and providing for the
ability of the public to observe and provide comment. The act allows
for meetings to occur via teleconferencing subject to certain
requirements, particularly that the legislative body notice each
teleconference location of each member that will be participating in the
public meeting, that each teleconference location be accessible to the
public, that members ofthe public be allowed to address the legislative
body at each teleconlcrence location, that the legislative body post an
agenda at each teleconference location, and that at least a quorum of
the legislative body participate from locations within the boundaries of
the local agency's jurisdiction. The act provides an exemption to the
jurisdictional requirement for health authorities, as defined.
Existing law, Executive Order N-29-20, suspends the Ralph M. Brown
Act's requirements for teleconferencing during the COVID-19
pandemic, provided that notice requirements are met, the ability of the
t»
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Ali 703 —2—
public to observe and comment is preserved, as specified, and that a
local agency permitting teleconferencing have a procedure for receiving
and swiftly resolving requests for reasonable accommodation for
individuals with disabilities, as specified.
This bill would remove the requirements of the act particular to
teleconferencing and allow for teleconferencing subject to existing
provisions regarding the posting ol'notice of an agenda and the ability
of the public to observe the meeting and provide public comment. The
bill would require that, in each instance in which notice of the time of
the teleconferenced meeting is otherwise given or the agenda for the
meeting is otherwise posted, the local agency also give notice of the
means by which members of the public may observe the meeting and
otter public comment and that the legislative body have and implement
a procedure for receiving and swiftly resolving requests for reasonable
accommodation for individuals with disabilities, consistent with the
federal Americans with Disabilities Act, as provided.
This bill would declare the Legislature's intent, consistent with the
Governor's Executive Order N-29-20, to improve and enhance public
access to local agency meetings into the future, and considering the
di(ital age,by allowing broader access through teleconferencing options.
The California Constitution requires local agencies, for the purpose
of ensuring public access to the meetings of public bodies and the
writings of public officials and agencies, to comply with a statutory
enactment that amends or enacts laws relating to public records or open
meetings and contains findings demonstrating that the enactment turthers
the constitutional requirements relating to this purpose.
This bill would make legislative findings to that effect.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
Theheople gfthe Sane ofCulifhrnicr do encret as follows:
I SECTION I. Section 54951 of the Government Code is
2 amended to read:
3 54953. (a) All meetings of the legislative body of a local
4 agency shall be open and public,and all persons shall be permitted
5 to attend any meeting of the legislative body of a local agency,
6 except as otherwise provided in this chapter.
7 (b) (1) Notwithstanding any other provision of law, the
S Icuislative body of a local agency may use teleconlerencing for
99
71
-3— AB 703
1 the benefit of the public and the legislative body of a local agency
2 in connection with any meeting or proceeding authorized by law.
3 The teleconferenced meeting or proceeding shall comply with all
4 ofrertvise applicable requirements ofthis chapter and all otherwise
5 applicable provisions of law relating to a specific type of meeting
6 or proceeding.
7 (2) Teleconferencina, as authorized by this section, may be used
8 for all purposes in connection with any meeting within the subject
9 matterjurisdiction of the Icgislatiye body. All votes taken during
10 a teleconferenced meeting shall be by rollcall.
II (3) If the legislative body of a local agency elects to use
12 teleconferencing, it shall
13 loeations and allow members of the public to observe the meeting
14 cuul address the legislative boc(v. and it shall give notice of the
15 meeting and post agendas cis otherwise required by this chapter:
16 The agenda shall provide an oppor unity for members offre public
17 to address the legislative bodv directhur psuant to Section 54954.3.
18 ha each instance in which notice of the time:of the teleconferenced
19 meemi g is otherwise given or the agen'la for the meeting is
20 otherwise posted, the local agency must also give notice of the
21 means b-v which members of the public mazy observe the meeting
22 and QJfer public comment. The letgislatrie bodv shall conduct
23 teleconference meetings in a manner that protects the statutory
24 and constitutional rights of the parties or the public appearing
25 before the legislative body ofa local agency. ac`•�ee
26 loetition shall be identifiedthe motiee and agenda Ord meeiing
27 BP-�g.
28 to the public. During the teleeomferenee, at least a qttortim of the
29 membe,, ol' the legislati%e body shall part c pate fiorn l0eationS
30
31 he
3 2 tblie-to
33 m 33
34 s_ . -IC____ _ loeation. If the legislative bodv uses
35 teleconferencing to hold a meeting. the leggislative bodv must have
36 and implement a procedure for receiving and swft(v resolving
37 requests for reasonable accommoclation for individuals with
38 disabilities. consistent with dre federal Americmrs with Disabilities
39 Act of 1990 (42 U.S.C. &e. 12132), and resolving anv doubt in
40 fervor Qf accessibilay. The procechu•e for receiving and resolving
99
72
AB 703 —4-
1 requests for acconinwdalion must be noticed each time notice of
2 the means btu which members of the public may observe the
3 teleconference meeting and offer public comment is made.
4 (4) For the purposes of this section, "teleconference' means a
5 meeting ofa legislative body,the members ofwhich are in dillcrent
6 locations, connected by electronic means, through either audio or
7 video,or both. Nothing in this section shall prohibit a local agency
S from providing the public with additional teleconference locations.
9 (c) (1) No legislative body shall take action by secret ballot,
10 whether preliminary or final.
1 1 (2) The legislative body ofa local agency shall publicly report
12 any action taken and the vote or abstention on that action of each
13 member present for the action.
14 (3) Prior to taking final action, the legislative body shall orally
15 report a summary of a recommendation for a final action on the
16 salaries, salary schedules, or compensation paid in the firm of
17 fringe benefits of a local agency executive, as defined in
IS subdivision (d) of Section 3511.1, during the open meeting in
19 which the final action is to be taken.This paragraph shall not affect
20 the public's right under the California Public Records Act(Chapter
21 3.5 (commencing with Section 6250) of Division 7 ofTitle I) to
22 inspect or copy records created or received in the process of
23 developing the recommendation.
24 (d)
25 tetra t� emmeltiets a
26 tek
27 of
28 quortim when partieipating in the teleetmf�renve if' at !east 5-0
29/�
30 tire present within the boundaries l'.1
31 authority exercises jur sdietion, and the health atithor.tN provides
1-3
35 oRhe meeting. (2) Nothing in this subdivision shall be construed
36 as discouraging-health autFrotity members of a legislative body
37 from regularly meeting at a common physical site within the
33 jurisdiction of the—authority local agency or from using
39 teleconference locations within or near the jurisdiction of the
40 attt-hor iy. A . I n! tee meetitfit—ftr t+ltteh a—tluetatt�ra
99
73
-5— AB 703
I
2 reqttifeme its ofthisseetion. local ngencY.
3 (�j For
4
7 ,
6
7
S Division 7 for the ptwposey
9
10 . eel pursuant to
II GhttpteF_. _ of the
12 _ or
13 members.
14 SEC. 2. It is the intent of the Legislature in enacting this
15 measure to improve and enhance public access to local agenc%
16 meetings into the future, and considering the digital age, by
17 allowing broader access through teleconferencing options
18 consistent with the Governor's Executive Order 29-20 dated March
19 17, 2020, permitting expanded use of teleconferencing during the
20 COVID-19 pandemic.
21 SEC, 3. The Le_islature finds and declares that Section I of
22 this act, which amends Section 54953 of the Government Code,
23 furthers, within the meaning of paragraph (7) of subdivision (b)
24 of Section 3 of'Article I ofthe California Constitution, the purposes
25 of that constitutional section as it relates to the right of public
26 access to the meetings of local public bodies or the writings of
27 local public officials and local agencies. Pursuant to paragraph (7)
28 of subdivision (b) of Section 3 of Article I of the California
29 Constitution. the Legislature makes the following findings:
30 This act is necessary to ensure minimum standards for public
31 participation and notice requirements allowing for greater public
32 participation in teleconference meetings.
O
99
74
AMENDED IN SENATE MARCI-1 S. 2021
SENATE BILL No. 6
Introduced by Senators Caballero, Eggman, and Rubio
(Principal coauthors: Senators Atkins, Durazo,Gonzalez,Hertzherg,
and Wiener)
(Goauthor. Senator llue*t+(Coauthors: .Senutors Cortese, /lueso,
and dfcGuire)
(Coauthors: Assembly Members Arambula, Carrillo, Cooper, Gipson,
Quirk-Silva, and Robert Rivas)
December 7, 2020
An act to amend Section 65913.4 of, and to add and repeal Section
66562.23ttr of the Government Code, relating to land use.
LEGISLATIVE COUNSEL'S DIGEST
S13 6, as amended, Caballero. Local planning: housing: commercial
zone's.
The Planning and Zoning Law requires each county and city to adopt
a comprehensive, long-term general plan for its physical development,
and the development of certain lands outside its boundaries, that
includes,among other mandatory elements,a housing element. Existing
law requires that the housing element include, among otter things, an
inventory ol'land Suitable and available for residential dcvclopmcnt. If
the inventory of sites does not identify adequate sites to accommodate
the need f'or groups ofall households pursuant to specified law, existing
law requires the local government to rezone sites within specified time
periods and that this rezoning accommodate 100% of the need for
housing for very low and low-income households on sites that will be
zoned to permit owner-occupied and rental multifamily residential use
by right for specified developments.
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SB6 —2—
This bill. the Neighborhood Homes Act, would deem a housing
development project, as defined, an allowable use on a nei_hborhood
lot, which is defined as a parcel within an office or retail commercial
zone that is not adjacent to an industrial use. The bill would require the
density for a housing development under these provisions to meet or
exceed the density deemed appropriate to accommodate housing" fir
lower income households according to the type of local jurisdiction,
including a density of at least 20 units per acre for a suburban
jurisdiction. The bill would require the housing development to meet
all other local requirements for a neighborhood lot, other than those
that prohibit residential use, or allow residential use at a lower density
than that required by the bill. The bill would provide that a hoUSing
development under these provisions is subject to the local zoning,
parking, design, and other ordinances, local code requirements, and
procedures applicable to the processing and permitting of a housing
development in a zone that allows for the housing with the density
required by the act. If more than one zoning designation of the local
agency allows for housing with the density required by the act, the bill
would require that the zoning standards that apply to the closest parcel
that allows residential use at a density that meets the requirements of
the act would apply. If the existing zoning designation allows residential
use at a density greater than that required by the act, the bill would
require that the existing zoning designation for the parcel would apply.
The bill would also require that a housing development under these
provisions comply with public notice. comment, hearing, or other
procedures applicable to a housing development in a zone with the
applicable density. The bill would require that the housing development
is subject to a recorded deed restriction with an unspecified affordability
requirement, as provided. The bill would require that a developer either
certify that the development is a public work, as defined, or is not in
its entirety a public work, but that all construction workers will be paid
prevailing wages, as provided, or certify that a skilled and trained
workforce. as defined, will be used to perform all construction work
on the development, as provided. The bill would require a local agency
to require that a rental of any unit created pursuant to the bill's
provisions be for a term longer than 30 days. The bill would authorize
a local agency to exempt a neighborhood lot from these provisions in
its land use element of the general plan ifthe local agency concurrently
reallocates the lost residential density to other lots so that there is no
net loss in residential density in the jurisdiction, as provided. The bill
Os
76
-3— 5B 6
would specify that it does not alter or affect the application of any
housing, environmental, or labor law applicable to a housing
development authorized by these provisions, including, but not limited
to, the California Coastal Act, the California Environmental Quality
Act, the Housing Accountability Act,obligations to affirmatively further
lair housing, and any state or local affordability laws or tenant protection
laws. The bill would require an applicant of' a housing development
under these provisions to provide notice of a pending application to
each commercial tenant of the neighborhood lot. The bill would repeal
these provisions on danuary 1, 2029.
The bill would include findings that changes proposed by the
Neighborhood Homes Act address a matter of statewide concern rather
than a municipal affair and, therefore, apply to all cities, including
charter cities.
The Housing Accountability Act, which is part of the Planning and
Zoning Law,prohibits a local agency from disapproving, or conditioning
approval in a manner that renders infeasible, a housing development
project, as defined for purposes of the act, for very low, low-, or
moderate-income households or an enter<__>cncv shelter unless the local
agency makes specified written findings based on a preponderance of
the evidence in the record. That act states that it shall not be construed
to prohibit a local agency from requiring a housing development project
to comply with objective, quantifiable, written development standards,
conditions, and policies appropriate to, and consistent with, meeting
thejurisdiction's share of the regional housing need, except as provided.
That act further provides that a housing development project or
emergency shelter shall be deemed consistent, compliant, and in
conformity with an applicable plan, program, policy, ordinance,
standard, requirement, or other similar provision if there is substantial
evidence that would allow a reasonable person to conclude that the
housing development project or emergency shelter is consistent,
compliant, or in conformity.
The bill would provide that for proposes of the Housing
Accountability Act, a proposed housing development project is
consistent, compliant, and in conformity with an applicable plan,
program, policy, ordinance, standard, requirement, or other similar
provision if the housing development project is consistent with the
standards applied to the parcet pursuant to specified provisions of the
Neighborhood Homes Act and if none of the square footage in the
95
77
SB 6 —4—
project is designated for hotel, motel, bed and breakfast inn, or other
transient lodging use, except for a residential hotel, as defined.
The Planning and Zoning Law, until January I, 2026, also authorizes
a development proponent to submit an application for a multifamily
housing development that is subject to a streamlined, ministerial
approval process, as provided, and not subject to a conditional use
permit, if the development satisfies specified objective planning
standards, including a requirement that the site on which the
development is proposed is -zoned for residential use or residential
mixed-use development, or has a general plan designation that allows
residential use or a mix of residential and nonresidential uses. with at
least % of the square footage of' the development designated for
residential use Under that law, the proposed development is also
required to be consistent with objective zoning standards, objective
subdivision standards, and objective design review standards in cfTect
at the time the development is submitted to the local government.
This bill would permit the development to be proposed for a site
zoned for office or retail commercial use if the site has had no
commercial tenants on 50%or more of its total usable net interior square
footage for a period of at least 3 \cars prior to the submission of the
application. The bill would also provide that a project located on a
neighborhood lot, as defined,shall be deemed consistent with objective
zoning standards,objective design standards,and objective subdivision
standards if the project is consistent with the applicable provisions of
the Neighborhood Homes Act.
By expanding the crime of perjury and imposing new duties on local
agencies with regard to local plannin.-and zoning.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.
'['his bill would provide that no reimbursement is required by this act
for specified reasons.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
The people o the State of California do ender as,allows:
I SECTION I. Section 65552.23 is added to the Government
2 Code, to read:
98
78
-5— SB6
1 65852.21. (a) (1) This section shall be known, and may be
2 cited, as the Neighborhood Homes Act.
3 (2) The Legislature finds and declares that creating more
4 affordable housing is critical to the achievement of regional
5 housing needs assessment goals, and that housing units developed
6 at higher densities may generate affordability by design for
7 California residents, without the necessity of public subsidies,
8 income eligibility, occupancy restrictions, lottery procedures, or
9 other legal requirements applicable to deed restricted affordable
10 housing to serve very low and low-income residents and special
I I needs residents.
12 (b) A housing development project shall be deemed an allowable
13 use on a neighborhood lot if it complies with all of the following:
14 (1) (A) The density for the housing development shall meet or
15 exceed the applicable density deemed appropriate to accommodate
16 housing for lower income households [IS follows:
17 (i) I-or an incorporated city within a nonmetropolitan county
18 and for a nonmetropolitan county that has a micropolitan area.
19 sites allowing at least 15 units per acre.
20 (ii) For an unincorporated area in a nonmetropolitan county not
21 included in subparagraph (A), sites allowing at least 10 units per
22 acre.
23 (iii) For a suburban jurisdiction, sites allowing at least 20 units
24 per acre.
25 (iv) FOr a jurisdiction in a metropolitan county, sites allowing
26 at least 30 units per acre.
27 (13) ''Metropolitan county," "nonmetropolitan county,"
28 "nonmetropolitan county with a micropolitan area," and
29 "suburban:' shall have the same meanings as defined in
30 subdivisions (d), (e), and (1) of Section 65583.2.
31 (2) (A) The housing development shall be subject to local
32 coning, parking, design, and other ordinances, local code
33 requirements, and procedures applicable to the processing and
34 permitting of a housing development in a zone that allows for the
35 housing with the density described in paragraph (I).
36 (13) If more than one zoning designation of the local agency
37 allows for housing with the density described in paragraph (1), the
38 zoning standards applicable to a parcel that allows residential use
39 pursuant to this section shall be the zoning standards that apply to
9s
79
SB6 —6-
1 the closest parcel that allows residential use at a density that meets
2 the requirements of paragraph (I).
3 (C) If the existing zoning designation for the parcel, as adopted
4 by the local government,allows residential use at a density greater
5 than that required in paragraph (I), the existing zoning designation
6 shall apply.
7 (3) The housing development shall comply with any public
8 notice, comment, hearing, or other procedures imposed by the
9 local agency on a housing development in the applicable zoning
10 designation identified in paragraph (2).
11 (4) The housing development shall be subject to a recorded deed
12 restriction requiring that at least _ percent of'the units have an
13 affordable housing cost or affordable rent for lower income
14 households.
15 (5) All other local requirements for a neighborhood lot, other
16 than those that prohibit residential use, or allow residential use at
17 a lower density than provided in paragraph (1).
18 (6) The developer has done both of the following:
19 (A) Certified to the local agency that either of the following is
20 true:
21 (i) "Ihe entirety of the development is a public work for purposes
22 ofChapter I (commencing with Section 1720)of Part 7 of Division
23 2 of the Labor Code.
24 (ii) The development is not in its entirety a public work for
25 which prevailing wages must be paid underArticle 2 (commencing
26 with Section 1720) of Chapter 1 of Part 2 of Division 2 of' the
27 Labor Code, but all construction workers employed on construction
28 of the development will be paid at least the general prevailing rate
29 of per diem wages for the type of work and geographic area, as
30 determined by the Director of Industrial Relations pursuant to
31 Sections 1773 and 1773.9 of the Labor Code, except that
32 apprentices registered in programs approved by the Chief'of'the
33 Division of Apprenticeship Standards may be paid at least the
34 applicable apprentice prevailing rate. If the development is subject
35 to this subparagraph, then for those portions of the development
36 that are not a public work all of the following shall apply:
37 (1) The developer shall ensure that the prevailing wage
38 requirement is included in all contracts for the performance of all
39 construction work.
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1 (II) All contractors and subcontractors shall pay to all
2 construction workers employed in the execution of the work at
3 least the general prevailing rate of per diem wages, except that
4 apprentices registered in programs approved by the Chief of'the
5 Division of Apprenticeship Standards may be paid at ]cast the
6 applicable apprentice prevailing rate.
7 (III) Except as provided in subclause (V), all contractors and
S subcontractors shall maintain and verify payroll records pursuant
9 to Section 1776 of the Labor Code and make those records
10 available for inspection and copying as provided therein.
I 1 (IV) Except as provided in subclause (V), the obligation of the
12 contractors and subcontractors to pay prevailing wages may be
13 enforced by the Labor Commissioner through the issuance of a
14 civil wage and penalty assessment pursuant to Section 1741 of the
15 Labor Code, which may be reviewed pursuant to Section 1742 of
16 the Labor Code, within IS months after the completion of the
17 development,or by an underpaid worker through an administrative
1S complaint or civil action, or by a joint labor-managoemcm
19 committee though a civil action under Section 1771.2 of the Labor
20 Code. If a civil wage and penalty assessment is issued, the
21 contractor, subcontractor, and surety on a bond or bonds issued to
22 secure the payment of wages covered by the assessment shall be
23 liable for liquidated damages pursuant to Section 1742.1 of the
24 Labor Code.
25 (V) SubclaUSCS (111) and (IV) shall not apply if all contractors
26 and subcontractors perlimning work on the development are subject
27 to a project labor agreement that requires the payment of prevailing
28 wages to all construction workers employed in the execution of
29 the development and provides for enforcement of that obligation
30 through an arbitration procedure. For purposes of' this clause,
31 "project labor agreement' has the same meaning as set forth in
32 paragraph (1) of subdivision (b) of Section 2500 of' the Public
33 Contract Code.
34 (VI) Notwithstanding subdivision (c) of'Section 1773.1 of the
35 Labor Code, the requirement that employer payments not reduce
36 the obligation to pay the hourly straight time or overtime wages
37 found to be prevailing shall not apply if otherwise provided in a
35 bona fide collective bargaining agreement covering the worker.
39 The requirement to pay at least the general prevailing rate of per
40 diem wages does not preclude use of an alternative workweek
9s
ai
SB6 —8-
1 schedule adopted pursuant to Section 511 or 514 of the Labor
2 Code.
3 (13) Certified to the local agency that a skilled and trained
4 workforce will be used to perform all construction work on the
5 development.
6 (i) For purposes of this section, "skilled and trained workforce"
7 has the same meaning_ as provided in Chapter 2.9 (commencing
S with Section 2600) of Part I of Division 2 of the Public Contract
9 Code.
10 (ii) If the developer has certified that a skilled and trained
I I workforce will be used to construct all work on development and
12 the application is approved, the following shall apply:
13 (1) The developer shall require in all contracts for the
14 performance of work that every contractor and subcontractor at
15 ever, tier will individually use a skilled and trained workforce to
16 construct the development.
17 (11) Every contractor and subcontractor shall use a skilled and
IS trained workforce to construct the development.
19 (111) Except as provided in subclause (IV), the developer shall
20 provide to the local agency, on a monthly basis while the
21 development or contract is being performed,a report demonstrating
22 compliance with Chapter 2.9 (commencing with Section 2600) of
23 Part I of Division 2 of the Public Contract Code. A monthly report
24 provided to the local government pursuant to this subclause shall
25 be a public record under the California Public Records Act(Chapter
26 3.5 (commencing with Section 6250) of Division 7 ofTitle 1) and
27 shall be open to public inspection.A developer that fails to provide
28 a monthly report demonstrating compliance with Chapter 2.9
29 (commencing with Section 2600) of Part 1 of Division 2 of the
30 Public Contract Code shall be subject to a civil penalty of ten
31 thousand dollars (S 10.000) per month for each month for which
32 the report has not been provided. Any contractor or subcontractor
33 that fails to use a skilled and trained workforce shall be subject to
34 a civil penalty of two hundred dollars (S200) per day for each
35 worker employed in contravention of the skilled and trained
36 workforce requirement. Penalties may be assessed by the Labor
37 Commissioner within IS monthsofcomplctionofthedevelopment
38 using the same procedures for issuance of civil wage and penalty
39 assessments pursuant to Section 1741 ofthe Labor Code,and may
40 be reviewed pursuant to the same procedures in Section 1742 of
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-9— SB 6
I the Labor Code. Penalties shall be paid to the State Public Works
2 Enforcement Fund.
3 (IV) SubcIanSe (111) shall not apply if all contractors and
4 subcontractors performing work on the development are subject
5 to a project labor agreement that requires compliance with the
6 skilled and trained workforce requirement and provides for
7 enforcement of that oblimition thromah an arbitration procedure.
S For purposes of this subparagraph, "project labor agreement" has
9 the same meaning as set forth in paragraph (I) ofsubdivision (b)
10 of Section 2500 of the Public Contract Code.
I 1 (c) A local agency shall require that a rental ofany unit created
12 pursuant to this section be for a term longer than 30 days.
13 (d) (1) A local agency may exempt a neighborhood lot from
14 this section in its land use element of the general plan if the local
15 agency concurrently reallocates the lost residential density to other
16 lots so that there is no net loss in residential density in the
17 jurisdiction.
18 (2) A local agency may reallocate the residential density from
19 an exempt neighborhood lot pursuant to this subdivision only if
20 the site or sites chosen by the local agency to which the residential
21 density is reallocated meet both of the following requirements:
22 (A) The site or sites are suitable for residential development.
23 For purposes of this subparagraph, "site or sites suitable for
24 residential development' shall have the same meaning as 'land
25 suitable for residential development," as defined in Section
26 6»83.2.
27 (13) The site or sites are subject to an ordinance that allows for
28 development by right.
29 (e) (1) This section does not alter or lessen the applicability of
30 any housing, environmental, or labor law applicable to a housing
31 development authorized by this section, including, but not limited
32 to, the following:
33 (A) The California Coastal Act of 1976 (Division 20
34 (commencing with Section 30000) ofthe Public ResourcesGde)
35 Co(le).
36 (B) The California Environmental Quality Act (Division 13
37 (commencing with Section 21000)of the Public Resources Code).
38 (C) The Housing Accountability Act (Section 65589.5).
39 (D) The Density Bonus Law (Section 65915).
9IS
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SB6 — 10—
I (E) Obligations to affirmatively further fair housing, pursuant
2 to Section 8899.50.
3 (F) State or local affordable housing laws.
4 (G) State or local tenant protection laws.
5 (2) All local demolition ordinances shall apply to a project
6 developed on a neighborhood lot.
7 (3) For purposes of the Housing Accountability Act (Section
3 65539.5),a proposed housing development project that is consistent
9 with the provisions of paragraph (2) of subdivision (b) shall be
10 deemed consistent,compliant,and in conformity with an applicable
I I plan, program. policy, ordinance, standard, requirement, or other
12 similar provision.
13 (4) Notwithstanding any other provision of this section, for
14 purposes of the Density Bonus Law (Section 65915), an applicant
15 for a housing development under this section may apply for a
16 density bonus pursuant to Section 65915.
17 (1) An applicant for a housing development under this section
18 shall provide written notice of the pending application to each
19 commercial tenant on the neighborhood lot when the application
20 is submitted.
21 "
22
24 _
25 -.
26 -3311) ofPaft 1 oFDivision _ - "-nett
27 .._d IeF%:..__ .l__ .
28
29
30 .
31
32
33 t
36 This paragraph shall not prohibit It loeal at!encv'
37 ttrrpesit _
38 i-astruetvre
40 district .
95
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— II — 5136
I (a,) Arotivithstancling Section 65913.4. a project on a
2 neighborhood lot shall not be eligible for snennrlining pursunnr
3 to Section 65913.4 if it meets either of the followhig conclitions:
4 (1) The site bars previously been developed pursuant to Section
5 659/3.4 with a project of 10 rnrits or fewer:
6 (2) The ceveloper oftlre projector any person acting in concert
7 with the developer has previously proposed a project pursuant to
S Section 65913.4 of 10 units or fewer on the some or an adjacent
9 site.
10 (h) for purposes of this section:
II (1) "Housing development project" means a—use project
12 consistingofanyof'thefollowing:
13 (A) Residential units only.
14 (B) Nlixed-use developments consisting of residential and
15 nonresidential retail commercial or office uses- uses. anal art least
16 50 percent ofthe square jootage orthe new construction associated
17 with the project is clesignated for residential use. None of the
IS square footage of any such development shall be designated for
19 hotel, motel, bed and breakfast inn, or other transient lodging use,
20 except for a residential hotel.
21 (2) `Local agency'means a city, including a charter city,county,
22 or a city and county.
23 (3) "Neighborhood lot"means a parcel within an office or retail
24 commercial zone that is not adjacent to an industrial use.
25 (4) "Office or retail commercial zone' means any commercial
26 zone, except for zones where office uses and retail uses are not
27 permitted, or are permitted only as an accessory use.
28 (5) "Residential hotel' has the same meaning as defined in
29 Section 505 19 of the Health and Safety Code.
30 (qj
31 (i) The Legislature finds and declares that ensuring access to
32 affordable housing is a matter of statewide concern and is not a
33 municipal affair as that term is used in Section 5 of Article XI of
34 the California Constitution. Therefore, this section applies to all
35 cities, including charter cities.
36 O This section shall reuurin in e&ct only until Janrrary 1, 2029,
37 anal nr of that elate is repeolecl.
38 SEC. 2. Section 65913.4 of the Government Code is amended
39 to read:
9h
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SB6 — 12—
1 65913.4. (a) A development proponent may submit an
2 application for a development that is subject to the streamlined.
3 ministerial approval process provided by subdivision (c) and is
4 not subject to a conditional use permit if the development complies
5 with subdivision (b) and satisfies all of the following objective
6 planning standards:
7 (1) The development is a multifamily housing development that
S contains two or more residential units.
9 (2) The development and the site on which it is located satisfy
10 all of the following:
1 I (A) It is a legal parcel or parcels located in a city if, and only
12 if, the city boundaries include some portion ofeither an urbanized
13 area or urban cluster, as designated by the United States Census
14 Bureau, or, for unincorporated areas, a legal parcel or parcels
15 wholly within the boundaries of an urbanized area or urban cluster.
16 as designated by the United States Census Bureau.
17 (13) At least 75 percent of the perimeter of the site adjoins parcels
IS that are developed with urban uses. For the purposes of this section,
19 parcels that are only separated by a street or highway shall be
20 considered to be adjoined.
21 (C) (i) A site that meets the requirements of clause (ii) and
22 satisfies any of the following:
23 (1) The site is zoned for residential use or residential mixed-use
24 development.
25 (I1) The site has a general plan designation that allows residential
26 use or a mix of residential and nonresidential uses.
27 (III) The site is zoned for office or retail commercial use and
28 has had no commercial tenants on 50 percent or more of its total
29 usable net interior square footage for a period ofat least three years
30 prior to the submission of the application.
31
32 development, eir has a general plan designation that tillom
33 resident al use or a juix 4residential and not sidential uses, and
34 at least
35 (ii) At least two-thirds of the square footage ofthe development
36 is designated for residential use. Additional density, floor area,
37 and units, and any other concession, incentive, or waiver of'
38 development standards granted pursuant to the Density Bonus Law
39 in Section 65915 shall be included in the square footage
40 calculation. The square footage of the development shall not
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I include underground space. such as basements or underground
2 parking garages.
3 (3) (A) The development proponent has committed to record,
4 prior to the issuance of the first building permit, a land use
5 restriction or covenant providing that any lover or moderate
6 income housing units required pursuant to subparagraph (13) of
7 paragraph (4) shall remain available at affordable housing costs
S or rent to persons and families of' lower or moderate income for
9 no less than the following, periods of time:
10 (i) Fifty-five years for units that are rented.
1 1 (ii) Forty-five years for units that are owned.
12 (13) The city or county shall require the recording of covenants
13 or restrictions implementing this paragraph for each parcel or unit
14 ofreal property included in the development.
15 (4) The development satisfies subparagraphs(A)and(13)below:
16 (A) Is located in a locality that the department has determined
17 is subject to this Subparagraph on the basis that the number of units
13 that have been issued building permits,as shown on the most recent
19 production report received by the department, is less than the
20 locality's share of the regional housim, needs, by income category,
21 for that reporting period. A locality shall remain eligible under
22 this subparagraph until the department's determination for the next
23 reporting period.
24 (13) The development is subject to a requirement mandating a
25 minimum percentage of below market rate housing based on one
26 of the following:
27 (i) The locality did not submit its latest production report to the
28 department by the time period required by Section 65400, or that
29 production report reflects that there were Icwer units of above
30 moderate-income housing issued building permits than were
31 required for the regional housing needs assessment cycle for that
32 reporting period. In addition. if the project contains more than 10
33 units of housing, the project does either of the following:
34 (1) The project dedicates a minimum of 10 percent of the total
35 number of units to housing affordable to households making at or
36 below 30 percent of the area median income. However, it' the
37 locality has adopted a local ordinance that requires that greater
38 than 10 percent of the units be dedicated to housing affordable to
39 households making below 80 percent of the area median income.
40 that local ordinance applies.
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1 (11) (ia) If the project is located within the San Francisco Bay
2 area,the project, in lieu of complying with subclause(1). dedicates
3 20 percent of the total number of units to housing affordable to
4 households making below 120 percent ofthe area median income
5 with the average income of the units at or below 100 percent of
6 the area median income. However, a local ordinance adopted by
7 the locality applies if it requires greater than 20 percent ofthe units
8 be dedicated to housing affordable to households making at or
9 below 120 percent of the area median income, or requires that any
10 of the units be dedicated at a level deeper than 120 percent. In
I I order to comply with this subclause, the rent or sale price charged
12 for units that are dedicated to housin_ affordable to households
13 between 80 percent and 120 percent of the area median income
14 shall not exceed 30 percent ofthe gross income of the household.
15 (ib) For purposes of this subclause, "San Francisco Bay area"
16 means the entire area within the territorial boundaries of the
17 Counties of Alameda. Contra Costa, Marin, Napa, San Mateo,
IS Santa Clara. Solano, and Sonoma, and the City and County of San
19 Francisco.
20 (ii) The locality's latest production report reflects that there
21 were fcvwcr traits of housing issued building permits affordable to
22 either very low income or low-income households by income
23 category than were required for the regional housing needs
24 assessment cycle for that reporting period, and the project seeking
25 approval dedicates 50 percent of the total number of units to
26 housing affordable to households making at or below 80 percent
27 ofthe area median income. However, if the locality has adopted
28 a local ordinance that requires that greater than 50 percent of the
29 units be dedicated to housing affordable to households making at
30 or below 80 percent ofthe area median income, that local ordinance
31 applies.
32 (iii) The locality did not submit its latest production report to
33 the department by the time period required by Section 65400, or
34 if the production report reflects that there were fewer units 01'
35 housing affordable to both income levels described in clauses (i)
36 and (ii) that were issued building permits than were required for
37 the regional housing needs assessment cycle for that reporting
38 period, the projectseeking approval may choose between utilizing
39 clause ('i) or (ii).
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I (C) (i) A development proponent that uses a unit of affordable
2 housing to satisfy the requirements of subparagraph (13) may also
3 satisfy any other local or state requirement for affordable housing,
4 including local ordinances or the Density Bonus Law in Section
5 65915, provided that the development proponent complies with
6 the applicable requirements in the state or local law.
7 (ii) A development proponent that uses a unit of affordable
8 housing to satisfy,any other state or local affordability requirement
9 may also satisfy the requirements of'subparagraph (B), provided
10 that the development proponent complies with applicable
1 I requirements of subparagraph (13).
12 (iii) A development proponent may satisfy the affordability
1 3 requirements of'subparagraph (13) with a unit that is restricted to
14 households with incomes lower than the applicable income limits
15 required in subparagraph (B).
16 (5) The development, excluding any additional density or any
17 other concessions. incentives, or waivers of development standards
IS granted pursuant to the Density Bonus Law in Section 65915, is
19 consistent with objective zoning standards, objective subdivision
20 standards, and objective design review standards in effect at the
21 time that the development is submitted to the local government
22 pursuant to this section,or at the time a notice of intent is submitted
23 pursuant to subdivision (b), whichever occurs earlier. For purposes
24 of this paragraph, 'objective zoning standards," 'objective
2.5 subdivision standards," and "objective design review standards"
26 mean standards that involve no personal or subjective judgment
27 by a public official and are uniformly verifiable by reference to
28 an external and uniform benchmark or criterion available and
29 knowable by both the development applicant or proponent and the
30 public official before submittal.These standards may be embodied
31 in alternative objective land use specifications adopted by a city
32 or county,and may include, but are not limited to, housing overlay
33 zones, specific plans, inclusionary zoning ordinances, and density
34 bonus ordinances, subject to the following:
35 (A) A development shall be deemed consistent with the objective
36 -r_oning standards related to housing density, as applicable, if the
37 density proposed is compliant with the maximum density allowed
38 within that land use designation, notwithstanding any specified
39 maxinhum unit allocation that may result in fewer units of housing
40 being permitted.
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1 (B) In the event that objective zoning,general plan, subdivision,
2 or design review standards are mutually inconsistent, a
3 development shall be deemed consistent with the objective zoning
4 and subdivision standards pursuant to this subdivision if' the
5 development is consistent with the standards set forth in the general
6 plan.
7 (C) It is the intent of'the Legislature that the objective zoning
S standards, objective subdivision standards, and objective design
9 review standards described in this paragraph be adopted or
10 amended in compliance With the requirements of'Chapter 905 of
I 1 the Statutes of'2004.
12 (D) The amendments to this subdivision made by the act adding
L3 this subparagraph do not constitute a change in, but are declaratory
14 of', existing law
15 (E)A project located on a neighborhood lot.as defined in Section
16 65552.23, shall be deemed consistent with objective zoning
17 standards, objective design standards, and objective subdivision
IS standards if the project is consistent with the provisions of
19 subdivision (b) of Section 65552.23 and if none of' the square
20 footage in the project is designated for hotel, motel, bed and
21 breakfast inn,or other transient lodging use, except for a residential
22 hotel. For purposes of this subdivision, "residential hotel' shall
23 have the same meaning as defined in Section 50519 of the Health
24 and Safety Code.
25 (6) The development is not located on a site that is any of the
26 hollowing:
27 (A) A coastal zone, as defined in Division 20 (commencing
28 with Section 30000) of the Public Resources Code.
29 (B) Either prime farmland or farmland of statewide importance,
30 as defined pursuant to United States Department of Agriculture
31 land inventory and monitoring criteria, as modified for California,
32 and designated on the maps prepared by the Farmland Mapping
33 and Monitoring Program of the Department of Conservation, or
34 land zoned or designated for ag*ricultural protection or preservation
35 by a local ballot measure that was approved by the voters of that
36 jurisdiction.
37 (C) Wetlands, as defined in the United States Fish and Wildlife
33 Service Manual, Part 660 FW 2 (June 21, 1993).
39 (D) Within a very high fire hazard severity zone, as determined
40 by the Department of' Forestry and Fire Protection pursuant to
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I Section 51175, or within a high or very high fire hazard severity
2 zone as indicated on maps adopted by the Department of Forestry
3 and Fire Protection pursuant to Section 4202 of the Public
4 Resources Code. This subparagraph does not apply to sites
5 excluded from the specified hazard zones by a local agency,
6 pursuant to subdivision (b) of Section 51179, or sites that have
7 adopted fire hazard mitigation measures pursuant to existing
S building standards or state fire mitigation measures applicable to
9 the development.
10 (E) A hazardous waste site that is listed pursuant to Section
11 65962.5 or a hazardous waste site designated by the Department
12 of Toxic Substances Control pursuant to Section 25356 of the
13 Health and Safety Code, unless the State Department of Public
14 Health, State Water Resources Control Board, or Department of
15 Toxic Substances Control has cleared the site For residential use
16 or residential mixed uses.
17 (F) Within a delineated earthquake fault zone as determined by
1S the State Geologist in any official maps published by the State
19 Geologist, unless the development complies with applicable seismic
20 protection building code standards adopted by the Califomia
21 Building Standards Commission under the California Building
22 Standards Law (Part 2.5 (commencing with Section I8901) of
23 Division 13 of the Health and Safcty�Code), and by any local
24 building department under Chapter t2.2 (commencing with Section
25 8875) of Division I ofTitic 2.
26 (G) Within a special flood hazard area subject to inundation by
27 the I percent annual chance flood (100-year flood) as determined
28 by the Federal Emergency Management Agency in any official
29 maps published by the Federal Emergency Nlanagement Agency.
30 1 fa development proponent is able to satisfv all applicable federal
31 qualifying criteria in order to provide that the site satisfies this
32 subparagraph and is otherwise eligible for streamlined approval
33 under this section,a local government shalt not deny the application
34 on the basis that the development proponent did not comply with
35 any additional permit requirement, standard, or action adopted by
36 that local government that is applicable to that site.A development
37 may be located on a site described in this subparagraph if either
38 of'the following are met:
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1 (i) The site has been subject to a Letter of Map Revision
2 prepared by the Federal Emergency Management Agency and
3 issued to the local jurisdiction.
4 (ii) The site meets Federal Emergency Management Agency
5 requirements necessary to meet minimum flood plain management
6 criteria of the National Flood Insurance Program pursuant to Part
7 59 (commencing with Section 59.1) and Part 60 (commencing
S with Section 60.1) of Subchapter 13 of Chapter I of Title 44 of the
9 Code of Federal Regulations.
10 (H) Within a regulatory Floodway as determined by the Federal
I I Emergency Management Agency in any official maps published
12 by the Federal Emergency Management Agency, unless the
13 development has received a no-rise certification in accordance
14 with Section 60.3(d)(3) of Title 44 of the Code of Federal
15 Regulations. If a development proponent is able to satisfy all
16 applicable federal qualifying criteria in order to provide that the
17 site satisfies this subparagraph and is otherwise eligible for
13 streamlined approval under this section, it local government shall
19 not deny the application on the basis that the development
20 proponent did not comply with any additional permit requirement,
21 standard, or action adopted by that local government that is
22 applicable to that site.
23 (1) Lands identified for conservation in an adopted natural
24 community conservation plan pursuant to the Natural Community
25 Conservation Planning Act(Chapter 10(commencing with Section
26 2500) of Division 3 of the Fish and Game Code), habitat
27 conservation plan pursuant to the federal Endangered Species Act
28 of 1973 (16 U.S.C. Sec. 1531 et seq.), or other adopted natural
29 resource protection plan.
30 (.1) Habitat for protected species identified as candidate,
3 I sensitive, or species of special status by state or federal agencies,
32 fully protected species, or species protected by the federal
11
33 Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.),
34 the California Endangered Species Act(Chapter 1.5 (commencing
35 with Section 2050) of Division 3 of the Fish and Game Code). or
36 the Native Plant Protection Act (Chapter 10 (commencing with
37 Section 1900) of Division 2 of the Fish and Game Code).
38 (K) Lands under conservation easement.
39 (7) The development is not located on a site where any of the
40 following apply:
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I (A) The development would require the demolition of the
2 following types of housing:
3 (1) Housing that is subject to a recorded covenant, ordinance,
4 or law that restricts rents to levels affordable to persons and
5 families of moderate, low. or very low income.
6 (ii) Housing that is subject to any form of rent or price control
7 through a public entity's valid exercise of its police power.
S (iii) Housing that has been occupied by tenants within the past
9 10 vears.
10 (13) The site was previously used for housing, that was occupied
I I by tenants that was demolished within 10 years before the
12 development proponent submits an application under this section.
13 (C) The development would require the demolition ofa historic
14 structure that was placed on a national, state, or local historic
15 register.
16 (D) 'file property contains housing units that are occupied by
17 tenants. and units at the property are,or were, subsequently offered
IS for sale to the general public by the subdivider or subsequent owner
19 of the property.
20 (S) The development proponent has done both of the following,
21 as applicable:
22 (A) Certified to the locality that either of the following is true,
23 as applicable:
24 (i) The entirety of the development is a public work for purposes
25 ofChaptcr I (commencing with Section 1720)of Part 7 of'Division
26 2 of the Labor Code.
27 (ii) If the development is not in its entirety a public work, that
28 all construction workers employed in the execution of the
29 development will be paid at least the general prevailing rate offer
30 diem wages for the type of work and geographic area, as
31 determined by the Director of Industrial Relations pursuant to
32 Sections 1773 and 1773.9 of the Labor Code, except that
33 apprentices registered in programs approved by the Chief of the
34 Division of Apprenticeship Standards may be paid at least the
35 applicable apprentice prevailing rate. Ifthe development is subject
36 to this subparagraph, then for those portions of the development
37 that are not a public work all of the following shall apply:
3S (1) The development proponent shall ensure that the prevailing
39 wage requirement is included in all contracts for the performance
40 of the work.
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1 (11) All contractors and subcontractors shall pay to all
2 construction workers employed in the execution of' the work at
3 least the general prevailing rate of per diem wages, except that
4 apprentices registered in programs approved by the Chief'of'thc
5 Division of Apprenticeship Standards may be paid at least the
6 applicable apprentice prevailing rate.
7 (III) Except as provided in subclause (V), all contractors and
S subcontractors shall maintain and verify payroll records pursuant
9 to Section 1776 of the Labor Code and make those records
10 available Ior inspection and copying as provided therein.
I I (IV) Except as provided in subclause (V), the obligation of the
12 contractors and subcontractors to pay prevailing wages may be
13 enforced by the Labor Commissioner through the issuance of a
14 civil wage and penalty assessment pursuant to Section 1741 of'the
15 Labor Code, which may be reviewed pursuant to Section 1 742 of'
16 the Labor Code. within IS months after the completion of' the
17 development, by an underpaid worker through an administrative
IS complaint or civil action, or by a joint labor-management
19 committee through it civil action under Section 1771.2 ofthe Labor
20 Code. If a civil wage and penalty assessment is issued. the
21 contractor, subcontractor, and surety on a bond or bonds issued to
22 secure the payment of wages covered by the assessment shall be
23 liable for liquidated damages pursuant to Section 1742.1 of the
24 Labor Code.
25 (V) SUbclaUSeS (III) and (IV) shall not apply if all contractors
26 and subcontractors perfonning work on the development are subject
27 to a project labor agreement that requires the payment of prevailing
28 %vages to all construction workers employed in the execution of
29 the development and provides for enforcement of that obligation
30 through an arbitration procedure. For purposes of this clause,
31 "project labor agreement` has the same meaning as set forth in
32 paragraph (1) of subdivision (b) of Section 2500 of the Public
33 Contract Code.
34 (VI) Notwithstanding subdivision (c) of Section 1773.1 of'the
35 Labor Code, the requirement that employer payments not reduce
36 the obligation to pay the hourly straight time or overtime wages
37 found to be prevailing shall not apply if otherwise provided in a
38 bona fide collective bargaining agreement covering the worker.
39 The requirement to pay at least the general prevailing rate of per
40 diem wages does not preclude use of an alternative workweek
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1 schedule adopted pursuant to Section 511 or 514 of the Labor
2 Code.
3 (13) (i) For developments for which any of the following
4 conditions apply, certified that a skilled and trained workforce
5 shall be used to complete the development if' the application is
6 approved:
7 (1) On and after January I, 201 S. until December 31. 2021, the
S development consists oft 75 or more units with a residential
9 component that is not I00 percent subsidized affordable housing
10 and will be located within ajurisdiction located in a coastal or bay
I I county with a population of 225.000 or more.
12 (11) On and after January I, 2022, until December 3l, 2025, the
13 development consists of 50 or more units with a residential
14 component that is not 100 percent subsidized affordable housing
15 and will be located within ajurisdiction located in a coastal or bay
16 county with a population of 225,000 or more.
t7 (III) On and after January 1, 2015, until December 31, 2019,
IS the development consists of 75 or more units with a residential
19 component that is not 100 percent subsidized affordable housing
20 and will be located within ajurisdiction with a population of'fewer
21 than 550,000 and that is not located in a coastal or bay county.
22 (IV) On and after January 1, 2020, until December 3L 2021.
23 the development consists of more than 50 units with a residential
24 component that is not 100 percent subsidized affordable housing
25 and will be located within ajurisdiction with a population of fe%Ver
26 than 550,000 and that is not located in a coastal or bay county.
27 (V) On and after.lanuary I, 2022, until December 3l, 2025, the
2S development consists of more than 25 units with a residential
29 component that is not 100 percent subsidized affordable housing
30 and will be located within ajurisdiction with a population of fewer
31 than 550,000 and that is not located in a coastal or bay county.
32 (ii) For purposes of this section,"skilled and trained workforce"
33 has the same meaning as provided in Chapter 2.9 (commencing
34 with Section 2600) of Part I of Division 2 of the public Contract
35 Code.
36 (iii) If the development proponent has certified that a skilled
37 and trained workforce will be used to complete the development
38 and the application is approved, the following shall apply:
39 (1) '['he applicant shall require in all contracts for the
40 performance of' work that every contractor and subcontractor at
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1 every tier will individually use a skilled and trained workforce to
2 complete the development.
3 (II) Every contractor and subcontractor shall use a skilled and
4 trained workforce to complete the development.
5 (III) Except as provided in subclause (IV), the applicant shall
6 provide to the locality, on a monthly basis while the development
7 or contract is being performed,a report demonstrating compliance
S with Chapter 2.9 (commencing with Section 2600) of Part I of
9 Division 2 of the Public Contract Code.A monthly report provided
10 to the locality pursuant to this subclause shall be a public record
1 I under the California Public Records Act(Chapter 3.5 (commencin.o
12 with Section 6250) of Division 7 of'Title 1) and shall be open to
13 public inspection. An applicant that fails to provide a monthly
14 report demonstrating compliance with Chapter 2.9 (commencing
15 with Section 2600) of Part 1 of Division 2 of the Public Contract
16 Code shall be subject to a civil penalty of ten thousand dollars
17 (S I0,000) per month for each month for which the report has not
IS been provided. Any contractor or subcontractor that fails to use a
19 skilled and trained workforce shall be subject to a civil penalty of
20 two hundred dollars (S200) per day for each worker employed in
21 contravention of' the skilled and trained workforce requirement.
22 Penalties may be assessed by the Labor Commissioner within IS
23 months of completion of the development using the same
24 procedures for issuance of civil wage and penalty assessments
25 pursuant to Section 1741 of the Labor Code, and may be reviewed
26 pursuant to the same procedures in Section 1742 of the Labor
27 Code. Penalties shall be paid to the State Public Works
28 Enforcement Fund.
29 (IV) Subclause (III) shall not apply if all contractors and
30 subcontractors performing work on the development are subject
31 to a project labor agreement that requires compliance with the
32 skilled and trained workforce requirement and provides for
33 enforcement of that obligation through an arbitration procedure.
34 I-or purposes of this subparagraph, "project labor agreement" has
35 the same meaning as set forth in paragraph (1) ofsubdivision (b)
36 ofSection 2500 of the Public Contract Code.
37 (C) Notwithstanding subparagraphs(A)and(13),a development
3S that is subject to approval pursuant to this section is exempt from
39 any requirement to pay prevailing wages or use a skilled and
40 trained workforce if it meets both of'the following:
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I (i) The project includes 10 or fewer units.
2 (ii) The project is not a public work for purposes of Chapter I
3 (commencing with Section 1720) of Part 7 of Division 2 of the
4 Labor Code.
5 (9) The development did not or does not involve a subdivision
6 of a parcel that is, or, notwithstanding this section, would otherwise
7 be, subject to the Subdivision Map Act (Division 2 (commencing
8 with Section 66410)) or any other applicable law authorizing the
9 subdivision of land, unless the development is consistent with all
10 objective subdivision standards in the local subdivision ordinance,
I I and either of the following apply:
12 (A) The development has received or will receive financing or
13 funding by means of a low-income housing tax credit and is subject
14 to the requirement that prevailing wages be paid pursuant to
15 subparagraph (A) of paragraph (8).
16 (13) The development is subject to the requirement that
17 prevailing wages be paid, and a skilled and trained workforce used,
18 pursuant to paragraph (8).
19 (10) The development shall not be upon an existing parcel of
20 land or site that is governed under the Mobilehome Residencv Law
21 (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2
22 of Division 2 of the Civil Code), the Recreational Vehicle Park
23 Occupancy Law (Chapter 2.6 (commencing with Section 799.20)
24 of Title 2 of Pan 2 of Division 2 of the Civil Code), the
25 Vlobilchome Parks Act(Pan 2.1 (commencing with Section 18200)
26 of Division 13 of the Health and Safety Code), or the Special
27 Occupancy Parks Act (Part 2.3 (commencing with Section 18860)
28 of Division 13 of the Health and Safety Code).
29 (b) (1) (A) (i) Before submitting an application for a
30 development subject to the streamlined, ministerial approval
31 process described in subdivision (c), the development proponent
32 shall submit to the local government a notice of its intent to submit
33 an application. The notice of intent shall be in the form of a
34 preliminary application that includes all of the information
35 described in Section 65941.1. as that section read on January I,
36 2020.
37 (ii) Upon receipt of a notice of intent to submit an application
38 described in clause (i), the local government shall engage in a
39 scoping consultation regarding the proposed development with
40 any California Native American tribe that is traditionally and
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1 culturally affiliated with the geographic area, as described in
2 Section 21080.3.1 of the Public Resources Code, of the proposed
3 development. In order to expedite compliance with this subdivision;
4 the local government shall contact the Native American Heritage
5 Commission for assistance in identifying any California Native
6 American tribe that is traditionally and culturally affiliated with
7 the geographic area of the proposed development.
8 (iii) The timeline for noticing and commencing a scoping
9 consultation in accordance with this subdivision shall be as follows:
10 (1) The local government shall provide a formal notice of a
I I development proponent's notice of intent to submit an application
12 described in clause (i) to each California Native American tribe
L3 that is traditionally and culturally affiliated with the geographic
14 area of the proposed development within 30 days of receiving that
15 notice of' intent. The formal notice provided pursuant to this
16 subelause shall include all of the following:
17 (ia) A description of the proposed development.
18 (ib) The location of the proposed development.
19 (ic) An invitation to engage in a scoping consultation in
20 accordance with this subdivision.
21 (11) Each Cali fomia Native American tribe that receives a formal
22 notice pursuant to this clause shall have 30 days from the receipt
23 of that notice to accept the imitation to engage in a scoping
24 consultation.
25 (111) If the local government receives a response accepting an
26 invitation to engage in a scoping consultation pursuant to this
27 subdivision, the local government shall commence the scoping
28 consultation within 30 days of receiving that response.
29 (B) The scoping consultation shall recognize that California
30 Native American tribes traditionally and culturally affiliated with
31 a geographic area have knowledge and expertise concerning the
32 resources at issue and shall take into account the cultural
33 significance of the resource to the culturally affiliated California
34 Native American tribe.
35 (C) The parties to a scoping consultation conducted pursuant
36 to this subdivision shall be the local govemment and any California
37 Native American tribe traditional[\, and culturally affiliated with
38 the geographic area of the proposed development More than one
39 California Native American tribe traditionally and culturally
40 affiliated with the geographic area of the proposed development
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I may participate in the scoping consultation. However, the local
2 government, upon the request of any California Native American
3 tribe traditionally and culturally affiliated with the geographic area
4 of the proposed development, shall engage in a separate scoping
5 consultation with that California Native American tribe. The
6 development proponent and its consultants may participate in a
7 scoping consultation process conducted pursuant to this subdivision
8 if all of the following conditions are met
9 (i) The development proponent and its consultants agree to
10 respect the principles set firth in this subdivision.
I I (ii) The development proponent and its consultants engage in
12 the scoping consultation in good faith.
l3 (iii) The California Native American tribe participating in the
14 scoping consultation approves the participation ofthe development
15 proponent and its consultants. The California Native American
16 tribe may rescind its approval at any time during the scoping
17 consultation, either for the duration of the scoping consultation or
IS with respect to any particular meeting or discussion held as part
19 of the scoping, consultation.
20 (D) The participants to a scoping consultation pursuant to this
21 subdivision shall comply with all of the following confidentiality
22 requirements:
23 (i) Subdivision (r) of Section 6254.
24 (i i) Section 6254.10.
25 (iii) Subdivision (c)ofSection 21082.3 ofthe Public Resources
26 Code.
27 (iv) Subdivision (d) of Section 15120 of Title 14 of the
28 California Code of RegUhlti Ol1S.
29 (v) Any additional confidentiality standards adopted by the
30 California Native American tribe participating in the scoping
31 consuhation.
32 (E) The California Environmental Quality Act (Division 13
33 (commencing with Section 21000) ofthe Public Resources Code)
34 shall not apply to a scoping consultation conducted pursuant to
35 this subdivision.
36 (2) (A) If, after concluding the scoping consultation, the parties
37 find that no potential tribal cultural resource would be atfccted by
38 the proposed development, the development proponent may submit
39 an application for the proposed development that is subject to the
48
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1 streamlined, ministerial approval process described in subdivision
2 (c).
3 (B) II, after concluden- the scoping consultation, the parties
4 find that a potential tribal cultural resource could be affected by
5 the proposed development and an enforceable agreement is
6 documented between the California Nativc American tribe and the
7 local government on methods, measures, and conditions for tribal
S cultural resource treatment, the development proponent may submit
9 the application for a development subject to the streamlined,
10 ministerial approval process described in subdivision (c).The local
I I government shall ensure that the enforceable agreement is included
12 in the requirements and conditions for the proposed development.
13 (C) IC after concluding the scoping consultation, the patties
14 find that a potential tribal cultural resource could be affected by
15 the proposed development and an enforceable ag-recment is not
16 documented between the California Native American tribe and the
17 local government regarding methods, measures. and conditions
IS for tribal cultural resource treatment, the development shall not
19 be eligible for the streamlined, ministerial approval process
20 described in subdivision (e).
21 (D) For purposes of this paragraph, a scoping consultation shall
22 be deemed to be concluded if either of the following occur:
23 (i) The parties to the scoping consultation document an
24 enforceable agreement concerning methods, measures, and
25 conditions to avoid or address potential impacts to tribal cultural
26 resources that are or may be present.
27 (ii) One or more parties to the scoping consultation, acting in
28 good faith and after reasonable effort, conclude that a mutual
29 agreement on methods, measures. and conditions to avoid or
30 address impacts to tribal cultural resources that are or may be
31 present cannot be reached.
32 (E) If the development or environmental setting substantially
33 changes Ater the completion of the scoping consultation, the local
34 govemment shall notify the California Native American tribe of
35 the changes and engage in a subsequent scoping consultation if
36 requested by the California Native American tribe.
37 (3) A local government may only accept an application for
38 streamlined, ministerial approval pursuant to this section if one of
39 the following applies:
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I (A) A California Native American tribe that received a formal
2 notice of the development proponent's notice of intent to submit
3 an application pursuant to subclause (1) of clause (iii) of
4 subparagraph (A) of'paragraph (1) did not accept the invitation to
5 engage in a scoping consultation.
6 (13) The California Native American tribe accepted an invitation
7 to engage in a scoping consultation pursuant to subclause (11) of'
S clause (iii) of subparagraph (A) of paragraph (I) but substantially
9 failed to engage in the scoping consultation after repeated
10 documented attempts by the local government to engage the
I I California Native American tribe.
12 (C) The parties to a scoping consultation pursuant to this
13 subdivision find that no potential tribal cultural resource will be
14 affected by the proposed development pursuant to subparagraph
15 (.A) of paragraph (2).
16 (D) A scoping consultation between a California Native
17 American tribe and the local government has occurred in
18 accordance with this subdivision and resulted in agreement
19 pursuant to subparagraph (13) of paragraph (2).
20 (4) A project shall not be eligible for the streamlined, ministerial
21 process described in subdivision (c) ifany of the following apply:
22 (A) There is a tribal cultural resource that is on a national, state,
23 tribal, or local historic register list located on the site of the project.
24 (13) There is a potential tribal cultural resource that could be
25 affected by the proposed development and the parties to a scoping
26 consultation conducted pursuant to this subdivision do not
27 document an enforceable agreement on methods. measures, and
28 conditions for tribal cultural resource treatment, as described in
29 subparagraph (C) of paragraph (2).
30 (C) The parties to a scoping consultation conducted pursuant
31 to this subdivision do not agree as to whether a potential tribal
32 cultural resource will be affected by the proposed development.
33 (5) (A) If; alter a scoping consultation conducted pursuant to
34 this subdivision, a project is not eligible for the streamlined,
35 ministerial process described in subdivision (c) for any or all of
36 the following reasons, the local government shall provide \�ritten
37 documentation of' that tact. and an explanation of the reason for
38 which the project is not eligible, to the development proponent
39 and to any California Native American tribe that is a party to that
40 scoping consultation:
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1 (i) Thcre is a tribal cultural resource that is on a national, state,
2 tribal, or local historic register list located on the site of the project.
3 as described in subparagraph (A) of paragraph (4).
4 (ii) The parties to the scoping consultation have not documented
5 an enforceable agreement on methods, measures, and conditions
6 for tribal cultural resource treatment,as described in subparagraph
7 (C) of paragraph (2) and subparagraph (13) of paragraph (4).
8 (iii) The parties to the scoping consultation do not agree as to
9 whether a potential tribal cultural resource will be allected by the
10 proposed development, as described in subparagraph (C) of
I I paragraph (4).
12 (13) The written documentation provided to a development
13 proponent pursuant to this paragraph shall include information on
14 how the development proponent may seek a conditional use permit
15 or other discretionary approval of the development from the local
16 government.
17 (6) This section is not intended, and shall not be construed, to
18 limit consultation and discussion between a local government and
19 a California Native American tribe pursuant to other applicable
20 law, confidentiality provisions under other applicable law, the
21 protection of religious exercise to the fullest extent permitted under
22 state and federal law, or the ability of Califomia Native American
23 tribe to submit information to the local government or participate
24 in any process of the local government.
25 (7) For purposes ol'this subdivision:
26 (A) "Consultation" means the meaningful and timely process
27 of seeking, discussing, and considering carefully the views of
28 others, in a manner that is cognizant of all parties' cultural values
29 and, where feasible, seeking agreement. Consultation between
30 local governments and CaliJornio Native American tribes shall be
31 conducted in a way that is mutually respectful of each party's
32 sovereignty. Consultation shall also recognize the tribes' potential
33 needs for confidentiality with respect to places that have traditional
34 tribal cultural importance. A lead agency shall consult the tribal
35 consultation best practices described in the "State of California
36 Tribal Consultation Guidelines: Supplement to the General Plan
37 Guidelines" prepared by the Office of Planning and Research.
38 (13) "Scoping"means the act of participating in early discussions
39 or investigations between the local government and California
40 Native American tribe, and the development proponent if
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I authorized by the California Native American tribe, regarding the
2 potential effects a proposed development could have on a potential
3 tribal cultural resource, as defined in Section 21074 of the Public
4 Resources Code, or California Native American tribe, as defined
5 in Section 21073 of the Public Resources Code.
6 (S) This subdivision shall not apply to any project that has been
7 approved under the streamlined, ministerial approval process
S provided under this section before the effective date of the act
9 adding this subdivision.
10 (c) (I) If a local government determines that a development
I I submitted pursuant to this section is in conflict with any of the
12 objective planning standards specified in subdivision (a), it shall
13 provide the development proponent written documentation of
14 which standard or standards the development conflicts with, and
15 an explanation for the reason or reasons the development conflicts
16 with that standard or standards, as follows:
17 (A) Within 60 days of submittal of the development to the local
13 govemment pursuant to this section if the development contains
19 150 or fewer housing units.
20 (f3) Within 90 days of submittal of the development to the local
21 government pursuant to this section if the development contains
22 more than 150 housing units.
23 (2) If the local govemment fails to provide the required
24 documentation pursuant to paragraph (1), the development shall
25 be deemed to satisfy the objective planning standards specified in
26 subdivision (a).
27 (3) For purposes of this section, a development is consistent
28 with the objective planning standards specified in subdivision (a)
29 if there is substantial evidence that would allow a reasonable person
30 to conclude that the development is consistent with the objective
31 planning standards.
32 (d) (1) Any design review or public oversight of the
33 development may be conducted by the local government's planning
34 commission or any equivalent board or commission responsible
35 for review and approval of development projects,or the city council
36 or board of supervisors, as appropriate. That design review or
37 public oversight shall be objective and be strictly focused on
3S assessing compliance with criteria required for streamlined projects,
39 as well as any reasonable objective design standards published
40 and adopted by ordinance or resolution by a local jurisdiction
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1 before submission of a development application, and shall be
2 broadly applicable to development within the jurisdiction. That
3 design review or public oversight shall be completed as follows
4 and shall not in any way inhibit, chill, or preclude the ministerial
5 approval provided by this section or its eflect, as applicable:
6 (A) Within 90 days of submittal of the development to the local
7 government pursuant to this section if the development contains
S 150 or fewer housing units.
9 (B) Within ISO days Of submittal of the development to the
10 local government pursuant to this section if the development
1 I contains more than 150 housing units.
12 (2) If the development is consistent with the requirements of
13 subparagraph (A) or (13) of paragraph (9) of subdivision (a) and
14 is consistent with all objective subdivision standards in the local
15 subdivision ordinance, an application for a subdivision pursuant
16 to the Subdivision Map Act(Division 2 (commencing with Section
17 66410)) shall be exempt from the requirements of the California
IS Environmental Quality Act(Division 13 (commencing with Section
19 21000) of the Public Resources Code) and shall be subject to the
20 public oversight timelines set forth in paragraph (I).
21 (e) (1) Notwithstanding any other law, a local government,
22 whether or not it has adopted an ordinance governing automobile
23 parking requirements in multifamily developments, shall not
24 impose automobile parking standards for a streamlined
25 development that was approved pursuant to this section in any of
26 the hollowing instances:
27 (A) The development is located within one-half mile of public
28 transit.
29 (B) The development is located within an architecturally and
30 historically significant historic district.
3 I (C) When on-street parking permits are required but not Offered
32 to the occupants of the development.
33 (D) When there is a car share vehicle located within one block
34 of the development.
35 (2) Ifthe development does not fall within any of the categories
36 described in paragraph (1), the local government shall not impose
37 automobile parking requirements for streamlined developments
38 approved pursuant to this section that exceed one parking space
39 per unit.
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I (f) (I) Ifa local government approves a development pursuant
2 to this section, then, notwithstanding any other law, that approval
3 shall not expire if the project includes public investment in housing
4 af721rdability, beyond tax credits, where 50 percent of the units are
5 affordable to households making at or below 80 percent ofthc area
6 median income.
7 (2) (A) Ifa local government approves a development pursuant
8 to this section and the project does not include 50 percent of the
9 units affordable to households making at or below 80 percent of
10 the area median income, that approval shall remain valid for three
1 I years from the date of the final action establishing that approval,
12 or if Litigation is filed challenging that approval, from the date of
13 the final judgment upholding that approval.Approval shall remain
14 valid for a project provided that vertical construction of the
15 development has bcgtm and is in progress. For purposes of this
16 subdivision, "in progress" means one of the following:
17 (i) The construction has begun and has not ceased for more than
IS 180 days.
19 (ii) Lf the development requires multiple building permits, an
20 initial phase has been completed, and the project proponent has
21 applied for and is diligently pursuing a building permit for a
22 subsequent phase, provided that once it has been issued, the
23 building permit for the subsequent phase does not Lapse.
24 (13) Notwithstanding subparagraph (A), a local government may
25 grant a project a one-time, one-year extension if the project
26 proponent can provide documentation that there has been
27 significant progress toward getting the development construction
28 ready, such as filing a building permit application.
29 (3) Ifa local government approves a development pursuant to
30 this section, that approval shall remain valid for three years from
31 the date of the final action establishing that approval and shall
32 remain valid thereafter for a project so Long as vertical construction
33 of the development has begun and is in progress.Additionally, the
34 development proponent may request, and the local government
35 shall have discretion to grant, an additional one-year extension to
36 the original three-year period. The local government's action and
37 discretion in determining whether to grant the foregoing extension
38 shall be limited to considerations and processes set forth in this
39 section.
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1 (g) (1) (A) A development proponent may request a
2 modification to a development that has been approved under the
3 streamlined, ministerial approval process provided in subdivision
4 (b) ifthat request is submitted to the local government before the
5 issuance of the final building permit required for construction of
6 the development.
7 (l3) Except as provided in paragraph (3), the local government
S shall approve a modification if it determines that the modification
9 is consistent with the objective planning standards specified in
10 subdivision (a) that were in effect when the original development
I I application was first submitted.
12 (C) The local government shall evaluate any modifications
13 requested pursuant to this subdivision for consistency with the
14 objective planning standards using the same assumptions and
15 analytical methodology that the local government originally used
16 to assess consistency for the development that was approved for
17 streamlined, ministerial approval pursuant to subdivision (b).
18 (D) A guideline that was adopted or amended by the department
19 pursuant to subdivision 0) after a development was approved
20 through the streamlined ministerial approval process described in
21 subdivision (b) shall not be used as a basis to deny proposed
22 modifications.
23 (2) Upon receipt of the developmental proponent's application
24 requesting a modification, the local government shall determine
25 if the requested modification is consistent with the objective
26 planning standard and either approve or deny the modification
27 request within 60 days after submission of the modification, or
28 within 90 days if design review is required.
29 (3) Notwithstanding paragraph (1), the local government may
30 apply objective planning standards adopted after the development
31 application was first submitted to the requested modification in
32 any of the following instances:
33 (A) The development is revised such that the total number of
34 residential units or total square footage of'construction changes
35 by 15 percent or more.
36 (B) The development is revised such that the total number of
37 residential units or total square footage of'construction changes
38 by 5 percent or more and it is necessary to subject the development
39 to an objective standard beyond those in effect when the
40 development application was submitted in order to mitigate or
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I avoid a specific, adverse impact, as that term is defined in
2 subparagraph (A) of paragraph (1) of subdivision 0) of Section
3 65589.5,upon the public health or safety and there is no feasible
4 alternative method to satisfactorily mitigate or avoid the adverse
5 impact.
6 (C) Objective building standards contained in the California
7 Building Standards Codc (Title 24 of the California Code of
8 Regulations), including, but not limited to, buildim hzfil&;ig.
9 plumbing, electrical, fire, and grading codes, may be applied to
10 all modifications.
11 (4) The local government's review of a modification request
12 pursuant to this subdivision shall be strictly limited to determining
13 whether the modification, including any modification to previously
14 approved density bonus concessions or waivers, modify the
15 development's consistency with the objective planning standards
16 and shall not reconsider prior determinations that are not affected
17 by the modification.
18 (h) (1) A local government shall not adopt or impose any
19 requirement, including, but not limited to, increased fees or
20 inclusionary housing requirements, that applies to a project solely
21 or partially on the basis that the project is eligible to receive
22 ministerial or streamlined approval pursuant to this section.
23 (2) A local government shall issue a subsequent permit required
24 for a development approved under this section if the application
25 substantially complies with the development as it was approved
26 pursuant to subdivision (c). Upon receipt of an application for a
27 subsequent permit, the local government shall process the permit
28 without unreasonable delay and shall not impose any procedure
29 or requirement that is not imposed on projects that are not approved
30 pursuant to this section. Issuance of subsequent permits shall
31 implement the approved development, and review of the permit
32 application shall not inhibit, chill, or preclude the development.
33 For purposes of this paragraph, a "subsequent permit" means a
34 permit required subsequent to receiving approval under subdivision
35 (c), and includes, but is not limited to, demolition, grading,
36 encroachment, and building permits and final maps, if necessary.
37 (3) (A) If a public improvement is necessary to implement a
38 development that is subject to the streamlined, ministerial approval
39 pursuant to this section, including, but not limited to, a bicycle
40 lane, sidewalk or walkway, public transit stop, driveway, street
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1 paving or overlay, a curb or gutter, a modified intersection,a street
2 sign or street light, landscape or hardscape, an above-ground or
3 underground utility connection, a water line, fire hydrant, storm
4 or sanitary sewer connection, retaining wall,and any related work,
5 and that public improvement is located on land owned by the local
6 government, to the extent that the public improvement requires
7 approval from the local government, the localgovernment shall
S not exercise its discretion over any approval relating to the public
9 improvement in a manner that would inhibit, chill. or preclude the
10 development.
11 (13) If an application for a public improvement described in
12 subparagraph (A) is submitted to a local government, the local
13 government shall do all of the followine:
14 (i) Consider the application based upon any objective standards
15 specified in any state or local laws that were in effect when the
16 original development application was submitted.
17 (ii) Conduct its review and approval in the same manner as it
IS would evaluate the public improvement if required by a project
19 that is not eligible to receive ministerial or streamlined approval
20 pursuant to this section.
21 (C) If an application for a public improvement described in
22 subparagraph (A) is submitted to a local government, the local
23 government shall not do either of the followine:
24 (i) Adopt or impose any requirement that applies to a project
25 solely or partially on the basis that the project is eligible to receive
26 ministerial or streamlined approval pursuant to this section.
27 (ii) Unreasonably delay in its consideration, review, or approval
28 of the application.
29 (i) (I) This section shall not affect a development proponent's
30 ability to use any alternative streamlined by right pennit processing
31 adopted by a local government, including the provisions of
32 subdivision (i) of Section 65553.2.
33 (2) This section shall not prevent a development from also
34 qualifying as a housing development project entitled to the
35 protections of Section 65589.5. This paragraph does not constitute
36 a change in, but is declaratory of, existing law.
37 0) The California Environmental Quality Act (Division 13
38 (commencing with Section 21000) of the Public Resources Code)
39 does not apply to actions taken by a state agency, local government,
40 or the San Francisco Bay Area Rapid Transit District to:
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1 (1) Lease, convey, or encumber land owned by the local
2 government or the San Francisco Bay Area Rapid Transit District
3 or to facilitate the lease, conveyance, or encumbrance of land
4 owned by the local government, or for the lease of land owned by
5 the San Francisco Bay Area Rapid Transit District in association
6 with an eligible TOD project, as defined pursuant to Section
7 29010.1 of the Public Utilities Code, nor to any decisions
8 associated with that lease, or to provide financial assistance to a
9 development that receives streamlined approval pursuant to this
10 section that is to be used for housing for persons and families of
I I very low, low, or moderate income, as defined in Section 50093
12 of the Health and Safety Code.
13 (2) Approve improvements located on land owned by the local
14 Government or the San Francisco Bay Area Rapid Transit District
15 that are necessary to implement a development that receives
16 streamlined approval pursuant to this section that is to be used fir
17 housing for persons and families of very low, low, or moderate
IS income,as defined in Section 50093 of the Health and Safety Code.
19 (k) For purposes Of' this section, the following terms have the
20 followinu meanings:
21 (1) "Affordable housing cost" has the same meaning as set forth
22 in Section 50052.5 of the Health and Safety Code.
23 (2) "Affordable rent' has the same meaning as set forth in
24 Section 50053 of'the Health and Safety Code.
25 (3) "Department' means the Department of Housing and
26 Community Development.
27 (4) "Development proponent'means the developer who submits
28 an application for streamlined approval pursuant to this section.
29 (5) "Completed entitlements" means a housing development
30 that has received all the required land use approvals or entitlements
31 necessary for the issuance of a building permit.
32 (6) "Locality" or"local government' means a city, including a
33 charter city, a county, including a charter county, or a city and
34 county, including a charter city and county.
35 (7) "Moderate income housing units" means housing units with
36 an affordable housing cost or affordable rent for persons and
37 families of moderate income, as that term is defined in Section
38 50093 of the Health and Safety Code.
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1 (8) "Production report"means the information reported pursuant
2 to subparagraph (H)of paragraph (2)of subdivision (a) of Section
3 65400.
4 (9) "State agency" includes every state office, officer,
5 department,division, bureau, board, and commission, but does not
6 include the California State University or the University of
7 California.
S (10) "Subsidized" means units that are price or rent restricted
9 such that the units are affordable to households meeting the
10 definitions of very low and lo\vcr income, as defined in Sections
11 50079.5 and 50105 of the Health and Safety Code.
12 (1 1) "Reporting period" means either of the following:
13 (A) The first half of the regional housing needs assessment
14 cycle.
15 (B) The last half of the regional housing needs assessment cycle.
16 (12) 'Urban uses" means any current or former residential,
17 commercial, public institutional,transit or transportation passenger
IS facility, or retail use, or any combination of those uses.
19 (I) The department may review, adopt, amend, and repeal
20 guidelines to implement uniform standards or criteria that
21 supplement or clarify the terms, references, or standards set forth
22 in this section. Any guidelines or terms adopted pursuant to this
23 subdivision shall not be subject to Chapter 3.5 (commencing with
24 Section 11340)of Part I of Division 3 of Title 2 of the Government
25 Code.
26 (m) The determination of whether an application for a
27 development is subject to the streamlined ministerial approval
28 process provided by subdivision (c) is not a '`project' as defined
29 in Section 21065 of the Public Resources Code.
30 (n) It is the policy of the state that this section be interpreted
31 and implemented in a manner to afford the fullest possible weight
32 to the interest of, and the approval and provision of, increased
33 housing supply.
34 (o) This section shall remain in effect only until January 1.2026,
35 and as of that date is repealed.
36 SEC. J. No reimbursement is required by this act pursuant to
37 Section 6 of Article a11113 of the California Constitution because
38 a local agency or school district has the authority to levy service
39 charges, fees, or assessments sufficient to pay for the program or
40 level of service mandated by this act or because costs that may be
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I incurred by a local agency or school district will be incurred
2 because this act creates a new crime or infraction, eliminates a
3 crime or infraction,or changes the penalty for a crime or infraction,
4 within the meaning of Section 17556 of the Govemment Code, or
5 changes the definition of a crime within the meanine of Section 6
6 of Article X11113 ofthe California Constitution.
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