HomeMy WebLinkAboutAB 2011AMENDED IN ASSEMBLY APRIL 18, 2022
AMENDED IN ASSEMBLY MARCH 24, 2022
california legislature—2021–22 regular session
ASSEMBLY BILL No. 2011
Introduced by Assembly Member Quirk-Silva Members Wicks,
Bloom, Grayson, Quirk-Silva, and Villapudua
(Coauthors: Assembly Members Berman, Mike Fong, Reyes, and
Robert Rivas)
February 14, 2022
An act to amend Section 50675.1.1 of the Health and Safety Code,
relating to housing, and making an appropriation therefor. add Chapter
4.1 (commencing with Section 65912.100) to Division 1 of Title 7 of
the Government Code, relating to housing.
legislative counsel’s digest
AB 2011, as amended, Quirk-Silva Wicks. Multifamily Housing
Program: housing for people experiencing homelessness: recreational
vehicle parking programs. Affordable Housing and High Road Jobs Act
of 2022.
The Planning and Zoning Law authorizes a development proponent
to submit an application for a multifamily housing development that is
subject to a streamlined, ministerial approval process and not subject
to a conditional use permit if the development satisfies specified
objective planning standards.
This bill would make certain housing developments that meet specified
affordability and site criteria and objective development standards a
use by right within a zone where office, retail, or parking are a
principally permitted use, and would subject these development projects
Revised 4-25-22—See last page.97
to one of 2 streamlined, ministerial review processes. The bill would
require a development proponent for a housing development project
approved pursuant to the streamlined, ministerial review process to
require, in contracts with construction contractors, that certain wage
and labor standards will be met, including that all construction workers
shall be paid at least the general prevailing rate of wages, as specified.
The bill would require a development proponent to certify to the local
government that those standards will be met in project construction.
By expanding the crime of perjury, the bill would impose a
state-mandated local program. The bill would require the Labor
Commissioner to enforce the obligation to pay prevailing wages. The
bill would require a development proponent for a development of 50
or more housing units to require construction contractors to participate
in an apprenticeship program or request dispatch of apprentices from
a state-approved apprenticeship program, and to make specified health
care expenditures for construction craft employees. The bill would
require the development proponent to certify compliance with those
requirements to the local government and to report monthly to the local
government that they are in compliance with those requirements. The
bill would subject the development proponent and the construction
contractors and subcontractors to specified civil penalties for failing
to comply with those requirements, and would require the penalty funds
to be deposited in the State Public Works Enforcement Fund. The bill
would prohibit a local government from imposing any requirement,
including increased fees, on the basis that the project is eligible to
receive ministerial or streamlined approval. Because the bill would
impose new duties on local governments, the bill would impose a
state-mandated local program.
The California Environmental Quality Act (CEQA) requires a lead
agency, as defined, to prepare, or cause to be prepared, and certify the
completion of, an environmental impact report on a project that it
proposes to carry out or approve that may have a significant effect on
the environment or to adopt a negative declaration if it finds that the
project will not have that effect. CEQA also requires a lead agency to
prepare a mitigated negative declaration for a project that may have
a significant effect on the environment if revisions in the project would
avoid or mitigate that effect and there is no substantial evidence that
the project, as revised, would have a significant effect on the
environment. CEQA does not apply to the approval of ministerial
projects.
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The approval process established by this bill would be ministerial in
nature, thereby exempting the approval of development projects subject
to that approval process from CEQA.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that with regard to certain mandates no
reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if
the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall be
made pursuant to the statutory provisions noted above.
Existing law establishes the Multifamily Housing Program, which is
administered by the Department of Housing and Community
Development. Existing law requires that funds appropriated in the 2020
Budget Act or an act related to the 2020 Budget Act to provide housing
for individuals and families who are experiencing homelessness or who
are at risk of homelessness and who are impacted by the COVID-19
pandemic be disbursed in accordance with the Multifamily Housing
Program for specified uses.
This bill would expand the eligible use of those above-described funds
to include costs relating to recreational vehicle parking programs. By
authorizing the use of previously appropriated funds for a new purpose,
the bill would make an appropriation.
Vote: 2⁄3 majority. Appropriation: yes no. Fiscal committee:
yes. State-mandated local program: no yes.
The people of the State of California do enact as follows:
line 1 SECTION 1. Chapter 4.1 (commencing with Section 65912.100)
line 2 is added to Division 1 of Title 7 of the Government Code, to read:
line 3
line 4 Chapter 4.1. Affordable Housing and High Road Jobs
line 5 Act of 2022
line 6
line 7 Article 1. General Provisions
line 8
line 9 65912.100. This chapter shall be known and cited as the
line 10 Affordable Housing and High Road Jobs Act of 2022.
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AB 2011 — 3 —
line 1 65912.101. For purposes of this chapter, the following terms
line 2 have the following meanings:
line 3 (a) “Commercial corridor” means a highway, as defined in
line 4 Section 360 of the Vehicle Code, that is not a freeway, as defined
line 5 in Section 332 of the Vehicle Code, and that has a right-of-way,
line 6 as defined in Section 525 of the Vehicle Code, of at least 70 and
line 7 not greater than 150 feet.
line 8 (b) “Development proponent” means a developer who submits
line 9 a housing development project application to a local government
line 10 under the streamlined, ministerial review process pursuant to this
line 11 chapter.
line 12 (c) “Health care expenditures” include contributions under
line 13 Sections 501(c) or (d) or 401(a) of the Internal Revenue Code and
line 14 payments toward “medical care” as defined under Section
line 15 213(d)(1) of the Internal Revenue Code.
line 16 (d) “Industrial use” means utilities, manufacturing,
line 17 transportation storage and maintenance facilities, and warehousing
line 18 uses. “Industrial use” does not include power substations or utility
line 19 conveyances such as power lines, broadband wires, and pipes.
line 20 (e) “Local government” means a city, including a charter city,
line 21 a county, including a charter county, or a city and county,
line 22 including a charter city and county.
line 23 (f) “Major transit stop” has the same meaning as defined in
line 24 subdivision (b) of Section 21155 of the Public Resources Code.
line 25 (g) “Side street” means a highway, as defined in Section 360
line 26 of the Vehicle Code, that is not a freeway, as defined in Section
line 27 332 of the Vehicle Code, and that has a right-of-way, as defined
line 28 in Section 525 of the Vehicle Code, of at least 25 and fewer than
line 29 70 feet.
line 30 (h) “Single-family property” means a property with a single
line 31 residential dwelling unit. For purposes of this chapter, a residential
line 32 dwelling unit does not include accessory dwelling units, as defined
line 33 in Section 65852.2, or junior accessory dwelling units, as defined
line 34 in Section 65852.22.
line 35 (i) “Urban uses” means any current or former residential,
line 36 commercial, public institutional, transit or transportation
line 37 passenger facility, or retail use, or any combination of those uses.
line 38 65912.102. The department may review, adopt, amend, and
line 39 repeal guidelines to implement uniform standards or criteria that
line 40 supplement or clarify the terms, references, or standards set forth
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line 1 in this chapter. Any guidelines or terms adopted pursuant to this
line 2 section are not subject to Chapter 3.5 (commencing with Section
line 3 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
line 4
line 5 Article 2. Affordable Housing Developments in Commercial
line 6 Zones
line 7
line 8 65912.110. Notwithstanding any inconsistent provision of a
line 9 local government’s general plan, specific plan, zoning ordinance,
line 10 or regulation, a housing development shall be a use by right within
line 11 a zone where office, retail, or parking are a principally permitted
line 12 use and shall be subject to streamlined, ministerial review pursuant
line 13 to Section 65912.114 if the proposed housing development satisfies
line 14 all of the requirements in Sections 65912.111, 65912.112, and
line 15 65912.113.
line 16 65912.111. A development project shall not be subject to the
line 17 streamlined, ministerial review process provided by Section
line 18 65912.114 unless the development is proposed to be located on a
line 19 site that satisfies all of the following criteria:
line 20 (a) It is a legal parcel or parcels that meet either of the
line 21 following:
line 22 (1) It is within a city where the city boundaries include some
line 23 portion of either an urbanized area or urban cluster, as designated
line 24 by the United States Census Bureau.
line 25 (2) It is in an unincorporated area, and the legal parcel or
line 26 parcels are wholly within the boundaries of an urbanized area or
line 27 urban cluster, as designated by the United States Census Bureau.
line 28 (b) At least 75 percent of the perimeter of the site adjoins parcels
line 29 that are developed with urban uses. For purposes of this
line 30 subdivision, parcels that are only separated by a street or highway
line 31 shall be considered to be adjoined.
line 32 (c) It is not adjacent to any site where more than two-thirds of
line 33 the square footage on the site is dedicated to industrial use.
line 34 (d) It satisfies the requirements specified in subparagraphs (B)
line 35 to (K), inclusive, of paragraph (6) of subdivision (a) of Section
line 36 65913.4.
line 37 (e) It is not an existing parcel of land or site that is governed
line 38 under the Mobilehome Residency Law (Chapter 2.5 (commencing
line 39 with Section 798) of Title 2 of Part 2 of Division 2 of the Civil
line 40 Code), the Recreational Vehicle Park Occupancy Law (Chapter
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AB 2011 — 5 —
line 1 2.6 (commencing with Section 799.20) of Title 2 of Part 2 of
line 2 Division 2 of the Civil Code), the Mobilehome Parks Act (Part 2.1
line 3 (commencing with Section 18200) of Division 13 of the Health
line 4 and Safety Code), or the Special Occupancy Parks Act (Part 2.3
line 5 (commencing with Section 18860) of Division 13 of the Health
line 6 and Safety Code).
line 7 65912.112. A development project shall not be subject to the
line 8 streamlined, ministerial review process provided by Section
line 9 65912.114 unless the development proposal meets all of the
line 10 following affordability criteria:
line 11 (a) One hundred percent of the units within the development
line 12 project, excluding managers’ units, shall be dedicated to lower
line 13 income households, as defined in Section 50079.5 of the Health
line 14 and Safety Code, at an affordable cost, as defined by Section
line 15 50052.5, or an affordable rent set in an amount consistent with
line 16 the rent limits established by the California Tax Credit Allocation
line 17 Committee.
line 18 (b) The units shall be subject to a recorded deed restriction for
line 19 a period of 55 years for rental units and 45 years for
line 20 owner-occupied units.
line 21 65912.113. A development project shall not be subject to the
line 22 streamlined, ministerial review process provided by Section
line 23 65912.114 unless the development proposal meets all of the
line 24 following objective development standards:
line 25 (a) The development shall be a multifamily housing project and
line 26 at least 67 percent of the square footage of the new construction
line 27 associated with the project shall be designated for residential use.
line 28 (b) The residential density for the development will meet or
line 29 exceed the applicable density deemed appropriate to accommodate
line 30 housing for lower income households in that jurisdiction as
line 31 specified in paragraph (3) of subdivision (c) of Section 65583.2.
line 32 (c) The development will meet the following objective zoning
line 33 standards, objective subdivision standards, and objective design
line 34 review standards:
line 35 (1) The applicable standards shall be those for the zone that
line 36 allows residential use at a greater density between the following:
line 37 (A) The existing zoning designation for the parcel.
line 38 (B) The closest parcel that allows residential use at a density
line 39 that meets the requirements of subdivision (b).
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line 1 (2) The applicable standards shall be those in effect at the time
line 2 that the development is submitted to the local government pursuant
line 3 to this article.
line 4 (3) The applicable standards shall not preclude any additional
line 5 density or any other concessions, incentives, or waivers of
line 6 development standards granted pursuant to the Density Bonus
line 7 Law in Section 65915.
line 8 (d) For purposes of this section, “objective zoning standards,”
line 9 “objective subdivision standards,” and “objective design review
line 10 standards” mean standards that involve no personal or subjective
line 11 judgment by a public official and are uniformly verifiable by
line 12 reference to an external and uniform benchmark or criterion
line 13 available and knowable by both the development applicant or
line 14 proponent and the public official before submittal. These standards
line 15 may be embodied in alternative objective land use specifications
line 16 adopted by a city or county, and may include, but are not limited
line 17 to, housing overlay zones, specific plans, inclusionary zoning
line 18 ordinances, and density bonus ordinances, subject to the following:
line 19 (1) A development shall be deemed consistent with the objective
line 20 zoning standards related to housing density, as applicable, if the
line 21 density proposed is compliant with the maximum density allowed
line 22 within that land use designation, notwithstanding any specified
line 23 maximum unit allocation that may result in fewer units of housing
line 24 being permitted.
line 25 (2) In the event that objective zoning, general plan, subdivision,
line 26 or design review standards are mutually inconsistent, a
line 27 development shall be deemed consistent with the objective zoning
line 28 and subdivision standards pursuant to this section if the
line 29 development is consistent with the standards set forth in the general
line 30 plan.
line 31 65912.114. (a) If the local government determines that the
line 32 proposed development is in conflict with any of the objective
line 33 planning standards specified in this article, it shall provide the
line 34 development proponent written documentation of which standard
line 35 or standards the development conflicts with, and an explanation
line 36 for the reason or reasons the development conflicts with that
line 37 standard or standards, within the following timeframes:
line 38 (1) Within 60 days of submittal of the development proposal to
line 39 the local government if the development contains 150 or fewer
line 40 housing units.
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AB 2011 — 7 —
line 1 (2) Within 90 days of submittal of the development proposal to
line 2 the local government if the development contains more than 150
line 3 housing units.
line 4 (b) If the local government fails to provide the required
line 5 documentation pursuant to subdivision (a), the development shall
line 6 be deemed to satisfy the required objective planning standards.
line 7 (c) For purposes of this section, a development is consistent
line 8 with the objective planning standards if there is substantial
line 9 evidence that would allow a reasonable person to conclude that
line 10 the development is consistent with the objective planning standards.
line 11 (d) The determination of whether a proposed project submitted
line 12 pursuant to this section is or is not in conflict with the objective
line 13 planning standards is not a “project” as defined in Section 21065
line 14 of the Public Resources Code.
line 15 (e) Design review of the development may be conducted by the
line 16 local government’s planning commission or any equivalent board
line 17 or commission responsible for review and approval of development
line 18 projects, or the city council or board of supervisors, as
line 19 appropriate. That design review shall be objective and be strictly
line 20 focused on assessing compliance with criteria required for
line 21 streamlined, ministerial review of projects, as well as any
line 22 reasonable objective design standards published and adopted by
line 23 ordinance or resolution by a local jurisdiction before submittal of
line 24 the development to the local government, and shall be broadly
line 25 applicable to developments within the jurisdiction. That design
line 26 review shall be completed as follows and shall not in any way
line 27 inhibit, chill, or preclude the ministerial approval provided by this
line 28 section or its effect, as applicable:
line 29 (1) Within 90 days of submittal of the development proposal to
line 30 the local government pursuant to this section if the development
line 31 contains 150 or fewer housing units.
line 32 (2) Within 180 days of submittal of the development proposal
line 33 to the local government pursuant to this section if the development
line 34 contains more than 150 housing units.
line 35 (f) The local government shall ensure that the project satisfies
line 36 the requirements specified in subdivision (d) of Section 66300,
line 37 regardless of whether the development is within or not within an
line 38 affected city or within or not within an affected county.
line 39 (g) If the development is consistent with all objective subdivision
line 40 standards in the local subdivision ordinance, an application for
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line 1 a subdivision pursuant to the Subdivision Map Act (Division 2
line 2 (commencing with Section 66410)) shall be exempt from the
line 3 requirements of the California Environmental Quality Act (Division
line 4 13 (commencing with Section 21000) of the Public Resources
line 5 Code).
line 6 (h) A local government’s approval of a development pursuant
line 7 to this section shall, notwithstanding any other law, be subject to
line 8 the expiration timeframes specified in subdivision (f) of Section
line 9 65913.4.
line 10 (i) Any proposed modifications to a development project
line 11 approved pursuant to this section shall be undertaken pursuant to
line 12 subdivision (g) of Section 65913.4.
line 13 (j) A local government shall not adopt or impose any
line 14 requirement, including, but not limited to, increased fees or
line 15 inclusionary housing requirements, that applies to a project solely
line 16 or partially on the basis that the project is eligible to receive
line 17 streamlined, ministerial review pursuant to this section.
line 18 (k) A local government shall issue a subsequent permit required
line 19 for a development approved under this section pursuant to
line 20 paragraph (2) of subdivision (h) of Section 65913.4.
line 21 (l) A public improvement that is necessary to implement a
line 22 development that is approved pursuant to this section shall be
line 23 undertaken pursuant to paragraph (3) of subdivision (h) of Section
line 24 65913.4.
line 25
line 26 Article 3. Mixed-Income Housing Developments Along
line 27 Commercial Corridors
line 28
line 29 65912.120. Notwithstanding any inconsistent provision of a
line 30 local government’s general plan, specific plan, zoning ordinance,
line 31 or regulation, a housing development shall be a use by right within
line 32 a zone where office, retail, or parking are a principally permitted
line 33 use and shall be subject to streamlined, ministerial review pursuant
line 34 to Section 65912.124 if the proposed housing development satisfies
line 35 all of the requirements in Sections 65912.121, 65912.122, and
line 36 65912.123.
line 37 65912.121. A development project shall not be subject to the
line 38 streamlined, ministerial review process provided by Section
line 39 65912.124 unless the development project is on a site that satisfies
line 40 all of the following criteria:
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AB 2011 — 9 —
line 1 (a) It is located on a legal parcel or parcels that meet either of
line 2 the following:
line 3 (1) It is within a city where the city boundaries include some
line 4 portion of either an urbanized area or urban cluster, as designated
line 5 by the United States Census Bureau.
line 6 (2) It is in an unincorporated area, and the legal parcel or
line 7 parcels are wholly within the boundaries of an urbanized area or
line 8 urban cluster, as designated by the United States Census Bureau.
line 9 (b) The project site abuts a commercial corridor.
line 10 (c) The project site has a frontage along the commercial
line 11 corridor of a minimum of 50 feet.
line 12 (d) The site is not greater than 20 acres.
line 13 (e) At least 75 percent of the perimeter of the site adjoins parcels
line 14 that are developed with urban uses. For purposes of this
line 15 subdivision, parcels that are only separated by a street or highway
line 16 shall be considered to be adjoined.
line 17 (f) It is not adjacent to any site where more than two-thirds of
line 18 the square footage on the site is dedicated to industrial use.
line 19 (g) The parcel satisfies the requirements specified in
line 20 subparagraphs (B) to (K), inclusive, of paragraph (6) of
line 21 subdivision (a) of Section 65913.4.
line 22 (h) The development is not located on a site where any of the
line 23 following apply:
line 24 (1) The development would require the demolition of the
line 25 following types of housing:
line 26 (A) Housing that is subject to a recorded covenant, ordinance,
line 27 or law that restricts rents to levels affordable to persons and
line 28 families of moderate, low, or very low income.
line 29 (B) Housing that is subject to any form of rent or price control
line 30 through a public entity’s valid exercise of its police power.
line 31 (C) Housing that has been occupied by tenants within the past
line 32 10 years, excluding any manager’s units.
line 33 (2) The site was previously used for housing that was occupied
line 34 by tenants, excluding any manager’s units, that was demolished
line 35 within 10 years before the development proponent submits an
line 36 application under this article.
line 37 (3) The development would require the demolition of a historic
line 38 structure that was placed on a national, state, or local historic
line 39 register.
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line 1 (4) The property contains housing units that are occupied by
line 2 tenants, and units at the property are, or were, subsequently offered
line 3 for sale to the general public by the subdivider or subsequent
line 4 owner of the property.
line 5 (i) The development shall not be upon an existing parcel of land
line 6 or site that is governed under the Mobilehome Residency Law
line 7 (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2
line 8 of Division 2 of the Civil Code), the Recreational Vehicle Park
line 9 Occupancy Law (Chapter 2.6 (commencing with Section 799.20)
line 10 of Title 2 of Part 2 of Division 2 of the Civil Code), the Mobilehome
line 11 Parks Act (Part 2.1 (commencing with Section 18200) of Division
line 12 13 of the Health and Safety Code), or the Special Occupancy Parks
line 13 Act (Part 2.3 (commencing with Section 18860) of Division 13 of
line 14 the Health and Safety Code).
line 15 65912.122. A development project shall not be subject to the
line 16 streamlined, ministerial review process provided by Section
line 17 65912.124 unless the development project meets all of the following
line 18 affordability criteria:
line 19 (a) A rental housing development shall have a recorded deed
line 20 restriction that ensures, at a minimum, that for a period of 55
line 21 years, 15 percent of the units shall be set at an affordable rent, as
line 22 defined in Section 50053 of the Health and Safety Code, to lower
line 23 income households, as defined in Section 50079.5 of the Health
line 24 and Safety Code.
line 25 (b) An owner-occupied housing development shall have a
line 26 recorded deed restriction that ensures, at a minimum, either of the
line 27 following affordability criteria for a period of 45 years:
line 28 (1) Thirty percent of the units must be offered at an affordable
line 29 housing cost, as defined in Section 50052.5 of the Health and
line 30 Safety Code, to moderate-income households, as defined in Section
line 31 50093 of the Health and Safety Code.
line 32 (2) Fifteen percent of the units must be offered at an affordable
line 33 housing cost, as defined in Section 50052.5 of the Health and
line 34 Safety Code, to lower income households, as defined in Section
line 35 50079.5 of the Health and Safety Code.
line 36 (c) If the amount of affordable housing required by a local
line 37 inclusionary housing ordinance exceeds that of this section, then
line 38 the project shall abide by the local inclusionary housing ordinance.
line 39 65912.123. A development project shall not be subject to the
line 40 streamlined, ministerial review process provided by Section
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AB 2011 — 11 —
line 1 65912.124 unless the development project meets all of the following
line 2 objective development standards:
line 3 (a) The development shall be a multifamily housing project and
line 4 at least 67 percent of the square footage of the new construction
line 5 associated with the project is designated for residential use.
line 6 (b) The residential density for the development shall be
line 7 determined as follows:
line 8 (1) In a metropolitan jurisdiction, as determined pursuant to
line 9 subdivisions (d) and (e) of Section 65853.2, the residential density
line 10 for the development shall meet or exceed the greater of the
line 11 following:
line 12 (A) The residential density allowed on the parcel by the local
line 13 government.
line 14 (B) For sites on a commercial corridor of less than 100 feet in
line 15 width, 40 units per acre.
line 16 (C) For sites on a commercial corridor of 100 feet in width or
line 17 greater, 60 units per acre.
line 18 (D) Notwithstanding subparagraph (B) or (C), for sites within
line 19 one-half mile of a major transit stop, 80 units per acre.
line 20 (2) In a jurisdiction that is not a metropolitan jurisdiction, as
line 21 determined pursuant to subdivisions (d) and (e) of Section 65853.2,
line 22 the residential density for the development shall meet or exceed
line 23 the greater of the following:
line 24 (A) The residential density allowed on the parcel by the local
line 25 government.
line 26 (B) For sites on a commercial corridor of less than 100 feet in
line 27 width, 30 units per acre.
line 28 (C) For sites on a commercial corridor of 100 feet in width or
line 29 greater, 50 units per acre.
line 30 (D) Notwithstanding paragraphs (2) and (3), for sites within
line 31 one-half mile of a major transit stop, 70 units per acre.
line 32 (c) The height limit applicable to the housing development shall
line 33 be the greater of the following:
line 34 (1) The height allowed on the parcel by the local government.
line 35 (2) For sites on a commercial corridor of less than 100 feet in
line 36 width, 35 feet.
line 37 (3) For sites on a commercial corridor of 110 feet in width or
line 38 greater, 45 feet.
line 39 (4) Notwithstanding paragraphs (2) and (3), for sites within
line 40 one-half mile of a major transit stop, 65 feet.
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line 1 (d) The property meets the following setback standards:
line 2 (1) For the portion of the property that fronts a commercial
line 3 corridor, the following shall occur:
line 4 (A) No setbacks shall be required.
line 5 (B) All parking must be set back at least 25 feet.
line 6 (C) On the ground floor, the development must abut within 10
line 7 feet of the property line for at least 80 percent of the frontage.
line 8 (2) For the portion of the property that fronts a side street, the
line 9 development must abut within 10 feet of the property line for at
line 10 least 60 percent of the frontage.
line 11 (3) When the property line of a development site abuts a
line 12 single-family property, the following shall occur:
line 13 (A) The ground floor of the development project shall be set
line 14 back at 10 feet from the single-family property. The amount
line 15 required to be set back may be decreased by the local government.
line 16 (B) Starting with the third floor of the property, each subsequent
line 17 floor of the development project shall be stepped back from the
line 18 single-family property in an amount equal to five feet multiplied
line 19 by the floor number. For purposes of this paragraph, the ground
line 20 floor counts as the first floor. The amount required to be stepped
line 21 back may be decreased by the local government.
line 22 (4) When the property line of a development site abuts a
line 23 property that is not a single-family property, starting with the third
line 24 floor of the property, each subsequent floor of the development
line 25 project shall be stepped back from the other property in an amount
line 26 equal to five feet multiplied by the floor number. For purposes of
line 27 this paragraph, the ground floor counts as the first floor. The
line 28 amount required to be stepped back may be decreased by the local
line 29 government.
line 30 (e) No parking shall be required, except that this article shall
line 31 not reduce, eliminate, or preclude the enforcement of any
line 32 requirement imposed on a new multifamily residential or
line 33 nonresidential development to provide bicycle parking, electric
line 34 vehicle supply equipment installed parking spaces, or parking
line 35 spaces that are accessible to persons with disabilities that would
line 36 have otherwise applied to the development if this article did not
line 37 apply.
line 38 (f) Other objective zoning standards, objective subdivision
line 39 standards, and objective design review standards as follows:
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AB 2011 — 13 —
line 1 (1) The applicable standards shall be those for the closest zone
line 2 in the city, county, or city and county that allows residential use
line 3 at the residential density determined pursuant to subdivision (b).
line 4 If no zone exists that allows the residential density determined
line 5 pursuant to subdivision (b), the applicable standards shall be those
line 6 for the zone that allows the greatest density within the city, county,
line 7 or city and county.
line 8 (2) The applicable standards shall be those in effect at the time
line 9 that the development is submitted to the local government pursuant
line 10 to this article.
line 11 (3) The applicable standards shall not preclude any additional
line 12 density requirements or any other concessions, incentives, or
line 13 waivers of development standards granted pursuant to the Density
line 14 Bonus Law in Section 65915.
line 15 (4) For purposes of this section, “objective zoning standards,”
line 16 “objective subdivision standards,” and “objective design review
line 17 standards” mean standards that involve no personal or subjective
line 18 judgment by a public official and are uniformly verifiable by
line 19 reference to an external and uniform benchmark or criterion
line 20 available and knowable by both the development applicant or
line 21 proponent and the public official before submittal. These standards
line 22 may be embodied in alternative objective land use specifications
line 23 adopted by a city or county, and may include, but are not limited
line 24 to, housing overlay zones, specific plans, inclusionary zoning
line 25 ordinances, and density bonus ordinances. In the event that
line 26 objective zoning, general plan, subdivision, or design review
line 27 standards are mutually inconsistent, a development shall be
line 28 deemed consistent with the objective zoning and subdivision
line 29 standards pursuant to this subdivision if the development is
line 30 consistent with the standards set forth in the general plan.
line 31 65912.124. (a) If the local government determines that the
line 32 proposed housing development is in conflict with any of the
line 33 objective planning standards specified in this article, it shall
line 34 provide the development proponent written documentation of which
line 35 standard or standards the development conflicts with, and an
line 36 explanation for the reason or reasons the development conflicts
line 37 with that standard or standards, within the following timeframes:
line 38 (1) Within 60 days of submittal of the development proposal to
line 39 the local government if the development contains 150 or fewer
line 40 housing units.
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line 1 (2) Within 90 days of submittal of the development proposal to
line 2 the local government if the development contains more than 150
line 3 housing units.
line 4 (b) If the local government fails to provide the required
line 5 documentation pursuant to subdivision (a), the development shall
line 6 be deemed to satisfy the required objective planning standards.
line 7 (c) For purposes of this section, a development is consistent
line 8 with the objective planning standards if there is substantial
line 9 evidence that would allow a reasonable person to conclude that
line 10 the development is consistent with the objective planning standards.
line 11 (d) The determination of whether a proposed project submitted
line 12 pursuant to this section is or is not in conflict with the objective
line 13 planning standards is not a “project” as defined in Section 21065
line 14 of the Public Resources Code.
line 15 (e) Design review of the development may be conducted by the
line 16 local government’s planning commission or any equivalent board
line 17 or commission responsible for review and approval of development
line 18 projects, or the city council or board of supervisors, as
line 19 appropriate. That design review shall be objective and be strictly
line 20 focused on assessing compliance with criteria required for
line 21 streamlined, ministerial review of projects, as well as any
line 22 reasonable objective design standards published and adopted by
line 23 ordinance or resolution by a local jurisdiction before submittal of
line 24 the development to the local government, and shall be broadly
line 25 applicable to developments within the jurisdiction. That design
line 26 review shall be completed as follows and shall not in any way
line 27 inhibit, chill, or preclude the ministerial approval provided by this
line 28 section or its effect, as applicable:
line 29 (1) Within 90 days of submittal of the development proposal to
line 30 the local government pursuant to this section if the development
line 31 contains 150 or fewer housing units.
line 32 (2) Within 180 days of submittal of the development proposal
line 33 to the local government pursuant to this section if the development
line 34 contains more than 150 housing units.
line 35 (f) The local government shall ensure that the project satisfies
line 36 the requirements specified in subdivision (d) of Section 66300,
line 37 regardless of whether the development is within or not within an
line 38 affected city or within or not within an affected county.
line 39 (g) If the development is consistent with all objective subdivision
line 40 standards in the local subdivision ordinance, an application for
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AB 2011 — 15 —
line 1 a subdivision pursuant to the Subdivision Map Act (Division 2
line 2 (commencing with Section 66410)) shall be exempt from the
line 3 requirements of the California Environmental Quality Act (Division
line 4 13 (commencing with Section 21000) of the Public Resources
line 5 Code).
line 6 (h) A local government’s approval of a development pursuant
line 7 to this section shall, notwithstanding any other law, be subject to
line 8 the expiration timeframes specified in subdivision (f) of Section
line 9 65913.4.
line 10 (i) Any proposed modifications to a development project
line 11 approved pursuant to this section shall be undertaken pursuant to
line 12 subdivision (g) of Section 65913.4.
line 13 (j) A local government shall not adopt or impose any
line 14 requirement, including, but not limited to, increased fees or
line 15 inclusionary housing requirements, that applies to a project solely
line 16 or partially on the basis that the project is eligible to receive
line 17 streamlined, ministerial review pursuant to this section.
line 18 (k) A local government shall issue a subsequent permit required
line 19 for a development approved under this section pursuant to
line 20 paragraph (2) of subdivision (h) of Section 65913.4.
line 21 (l) A public improvement that is necessary to implement a
line 22 development that is approved pursuant to this section shall be
line 23 undertaken pursuant to paragraph (3) of subdivision (h) of Section
line 24 65913.4.
line 25
line 26 Article 4. Labor Standards
line 27
line 28 65912.130. (a) A proponent of a development project approved
line 29 by a local government pursuant to Article 2 (commencing with
line 30 Section 65912.110) or Article 3 (commencing with Section
line 31 65912.120) shall require in contracts with construction
line 32 contractors, and shall certify to the local government, that the
line 33 standards specified in this section will be met in project
line 34 construction.
line 35 (b) A development that is not in its entirety a public work for
line 36 purposes of Chapter 1 (commencing with Section 1720) of Part 7
line 37 of Division 2 of the Labor Code and approved by a local
line 38 government pursuant to Article 2 (commencing with Section
line 39 65912.110) or Article 3 (commencing with Section 65912.120)
line 40 shall be subject to all of the following:
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line 1 (1) All construction workers employed in the execution of the
line 2 development shall be paid at least the general prevailing rate of
line 3 per diem wages for the type of work and geographic area, as
line 4 determined by the Director of Industrial Relations pursuant to
line 5 Sections 1773 and 1773.9 of the Labor Code, except that
line 6 apprentices registered in programs approved by the Chief of the
line 7 Division of Apprenticeship Standards may be paid at least the
line 8 applicable apprentice prevailing rate.
line 9 (2) The development proponent shall ensure that the prevailing
line 10 wage requirement is included in all contracts for the performance
line 11 of the work for those portions of the development that are not a
line 12 public work.
line 13 (3) All contractors and subcontractors for those portions of the
line 14 development that are not a public work shall comply with both of
line 15 the following:
line 16 (A) Pay to all construction workers employed in the execution
line 17 of the work at least the general prevailing rate of per diem wages,
line 18 except that apprentices registered in programs approved by the
line 19 Chief of the Division of Apprenticeship Standards may be paid at
line 20 least the applicable apprentice prevailing rate.
line 21 (B) Maintain and verify payroll records pursuant to Section
line 22 1776 of the Labor Code and make those records available for
line 23 inspection and copying as provided in that section. This
line 24 subparagraph does not apply if all contractors and subcontractors
line 25 performing work on the development are subject to a project labor
line 26 agreement that requires the payment of prevailing wages to all
line 27 construction workers employed in the execution of the development
line 28 and provides for enforcement of that obligation through an
line 29 arbitration procedure. For purposes of this subparagraph, “project
line 30 labor agreement” has the same meaning as set forth in paragraph
line 31 (1) of subdivision (b) of Section 2500 of the Public Contract Code.
line 32 (c) (1) The obligation of the contractors and subcontractors to
line 33 pay prevailing wages pursuant to this section may be enforced by
line 34 the any of the following:
line 35 (A) The Labor Commissioner through the issuance of a civil
line 36 wage and penalty assessment pursuant to Section 1741 of the Labor
line 37 Code, which may be reviewed pursuant to Section 1742 of the
line 38 Labor Code, within 18 months after the completion of the
line 39 development.
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AB 2011 — 17 —
line 1 (B) An underpaid worker through an administrative complaint
line 2 or civil action.
line 3 (C) A joint labor-management committee through a civil action
line 4 under Section 1771.2 of the Labor Code.
line 5 (2) If a civil wage and penalty assessment is issued pursuant to
line 6 this section, the contractor, subcontractor, and surety on a bond
line 7 or bonds issued to secure the payment of wages covered by the
line 8 assessment shall be liable for liquidated damages pursuant to
line 9 Section 1742.1 of the Labor Code.
line 10 (3) This subdivision does not apply if all contractors and
line 11 subcontractors performing work on the development are subject
line 12 to a project labor agreement that requires the payment of
line 13 prevailing wages to all construction workers employed in the
line 14 execution of the development and provides for enforcement of that
line 15 obligation through an arbitration procedure. For purposes of this
line 16 subdivision, “project labor agreement” has the same meaning as
line 17 set forth in paragraph (1) of subdivision (b) of Section 2500 of the
line 18 Public Contract Code.
line 19 (d) Notwithstanding subdivision (c) of Section 1773.1 of the
line 20 Labor Code, the requirement that employer payments not reduce
line 21 the obligation to pay the hourly straight time or overtime wages
line 22 found to be prevailing does not apply to those portions of
line 23 development that are not a public work if otherwise provided in a
line 24 bona fide collective bargaining agreement covering the worker.
line 25 (e) The requirement of this section to pay at least the general
line 26 prevailing rate of per diem wages does not preclude use of an
line 27 alternative workweek schedule adopted pursuant to Section 511
line 28 or 514 of the Labor Code.
line 29 65912.131. (a) For a development of 50 or more housing units
line 30 approved by a local government pursuant to Article 2 (commencing
line 31 with Section 65912.110) or Article 3 (commencing with Section
line 32 65912.120), the development proponent shall require in contracts
line 33 with construction contractors and shall certify to the local
line 34 government that each contractor of any tier who will employ
line 35 construction craft employees or will let subcontracts for at least
line 36 1,000 hours shall satisfy the requirements in subdivisions (b) and
line 37 (c). A construction contractor is deemed in compliance with
line 38 subdivisions (b) and (c) if it is signatory to a valid collective
line 39 bargaining agreement that requires utilization of registered
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line 1 apprentices and expenditures on health care for employees and
line 2 dependents.
line 3 (b) A contractor with construction craft employees shall either
line 4 participate in an apprenticeship program approved by the State
line 5 of California Division of Apprenticeship Standards pursuant to
line 6 Section 3075 of the Labor Code, or request the dispatch of
line 7 apprentices from a state-approved apprenticeship program under
line 8 the terms and conditions set forth in Section 1777.5 of the Labor
line 9 Code. A contractor without construction craft employees shall
line 10 show a contractual obligation that its subcontractors comply with
line 11 this subdivision.
line 12 (c) Each contractor with construction craft employees shall
line 13 make health care expenditures for each employee in an amount
line 14 per hour worked on the development equivalent to at least the
line 15 hourly pro rata cost of a Covered California Platinum level plan
line 16 for two 40-year old adults and two dependents 0 to 14 years of
line 17 age for the Covered California rating area in which the
line 18 development is located. A contractor without construction craft
line 19 employees shall show a contractual obligation that its
line 20 subcontractors comply with this subdivision. Qualifying
line 21 expenditures shall be credited toward compliance with prevailing
line 22 wage payment requirements set forth in Section 65912.102.
line 23 (d) (1) The development proponent shall provide to the local
line 24 government, on a monthly basis while its construction contracts
line 25 on the development are being performed, a report demonstrating
line 26 compliance with subdivisions (b) and (c). The reports shall be
line 27 considered public records under the California Public Records
line 28 Act (Division 10 (commencing with Section 7920.000) of Title 1),
line 29 and shall be open to public inspection.
line 30 (2) A development proponent that fails to provide the monthly
line 31 report shall be subject to a civil penalty for each month for which
line 32 the report has not been provided, in the amount of 10 percent of
line 33 the dollar value of construction work performed by that contractor
line 34 on the development in the month in question, up to a maximum of
line 35 ten thousand dollars ($10,000). Any contractor or subcontractor
line 36 that fails to comply with subdivision (b) or (c) shall be subject to
line 37 a civil penalty of two hundred dollars ($200) per day for each
line 38 worker employed in contravention of subdivision (b) or (c).
line 39 (3) Penalties may be assessed by the Labor Commissioner within
line 40 18 months of completion of the development using the procedures
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AB 2011 — 19 —
line 1 for issuance of civil wage and penalty assessments specified in
line 2 Section 1741 of the Labor Code, and may be reviewed pursuant
line 3 to Section 1742 of the Labor Code. Penalties shall be deposited
line 4 in the State Public Works Enforcement Fund established pursuant
line 5 to Section 1771.3 of the Labor Code.
line 6 (e) Each construction contractor shall maintain and verify
line 7 payroll records pursuant to Section 1776 of the Labor Code. Each
line 8 construction contractor shall submit payroll records directly to
line 9 the Labor Commissioner at least monthly in a format prescribed
line 10 by the Labor Commissioner in accordance with subparagraph (A)
line 11 of paragraph (3) of subdivision (a) of Section 1771.4 of the Labor
line 12 Code. The records shall include a statement of fringe benefits.
line 13 Upon request by a joint labor-management cooperation committee
line 14 established pursuant to the Federal Labor Management
line 15 Cooperation Act of 1978 (29 U.S.C. Sec. 175a), the records shall
line 16 be provided pursuant to subdivision (e) of Section 1776 of the
line 17 Labor Code.
line 18 (f) All construction contractors shall report any change in
line 19 apprenticeship program participation or health care expenditures
line 20 to the local government within 10 business days, and shall reflect
line 21 those changes on the monthly report. The reports shall be
line 22 considered public records pursuant to the California Public
line 23 Records Act (Division 10 (commencing with Section 7920.000) of
line 24 Title 1) and shall be open to public inspection.
line 25 (g) A joint labor-management cooperation committee established
line 26 pursuant to the Federal Labor Management Cooperation Act of
line 27 1978 (29 U.S.C. Sec. 175a) shall have standing to sue a
line 28 construction contractor for failure to make health care
line 29 expenditures pursuant to subdivision (c) in accordance with Section
line 30 218.7 or 218.8 of the Labor Code.
line 31
line 32 Article 5. Severability
line 33
line 34 65912.140. The provisions of this chapter are severable. If any
line 35 portion, section, subdivision, paragraph, clause, sentence, phrase,
line 36 word, or application of this chapter is for any reason held to be
line 37 invalid by a decision of any court of competent jurisdiction, that
line 38 decision shall not affect the validity of the remaining portions of
line 39 this chapter. The people of the State of California hereby declare
line 40 that they would have adopted this chapter and each and every
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line 1 portion, section, subdivision, paragraph, clause, sentence, phrase,
line 2 word, and application not declared invalid or unconstitutional
line 3 without regard to whether any other portion of this chapter or
line 4 application thereof would be subsequently declared invalid. In
line 5 particular, the provisions of Section 65912.130 and the provisions
line 6 of Section 65912.131 are distinct and severable from one another,
line 7 and the provisions of subdivision (c) of Section 65912.131
line 8 concerning health care expenditure are distinct and severable
line 9 from the remaining provisions of Article 4 (commencing with
line 10 Section 65912.131). If Section 65912.130 is held invalid, the
line 11 requirements of Section 65912.131 shall stand alone and vice
line 12 versa. If any portion of Section 65912.131 is held invalid, the
line 13 remaining provisions of this article shall continue in effect with
line 14 the exception of subdivision (g) of Section 65912.131.
line 15 SEC. 2. No reimbursement is required by this act pursuant to
line 16 Section 6 of Article XIII B of the California Constitution for certain
line 17 costs that may be incurred by a local agency or school district
line 18 because, in that regard, this act creates a new crime or infraction,
line 19 eliminates a crime or infraction, or changes the penalty for a crime
line 20 or infraction, within the meaning of Section 17556 of the
line 21 Government Code, or changes the definition of a crime within the
line 22 meaning of Section 6 of Article XIII B of the California
line 23 Constitution.
line 24 However, if the Commission on State Mandates determines that
line 25 this act contains other costs mandated by the state, reimbursement
line 26 to local agencies and school districts for those costs shall be made
line 27 pursuant to Part 7 (commencing with Section 17500) of Division
line 28 4 of Title 2 of the Government Code.
line 29 SECTION 1. Section 50675.1.1 of the Health and Safety Code
line 30 is amended to read:
line 31 50675.1.1. (a) Notwithstanding any other law, including
line 32 subdivision (b) of Section 50675.1, funds appropriated in the 2020
line 33 Budget Act or an act related to the 2020 Budget Act, including,
line 34 but not limited to, moneys received from the Coronavirus Relief
line 35 Fund established by the federal Coronavirus Aid, Relief, and
line 36 Economic Security (CARES) Act (Public Law 116-136), to provide
line 37 housing for individuals and families who are experiencing
line 38 homelessness or who are at risk of homelessness, as defined in
line 39 Section 578.3 of Title 24 of the Code of Federal Regulation, and
line 40 who are impacted by the COVID-19 pandemic, shall be disbursed
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AB 2011 — 21 —
line 1 in accordance with the Multifamily Housing Program, including
line 2 as grants to cities, counties, and other local public entities, as
line 3 necessary, created by this chapter for the following uses, consistent
line 4 with applicable federal law and guidance:
line 5 (1) Acquisition or rehabilitation of motels, hotels, or hostels.
line 6 (2) Master leasing of properties.
line 7 (3) Acquisition of other sites and assets, including purchase of
line 8 apartments or homes, adult residential facilities, residential care
line 9 facilities for the elderly, manufactured housing, and other buildings
line 10 with existing residential uses that could be converted to permanent
line 11 or interim housing.
line 12 (4) Conversion of units from nonresidential to residential in a
line 13 structure with a certificate of occupancy as a motel, hotel, or hostel.
line 14 (5) The purchase of affordability covenants and restrictions for
line 15 units.
line 16 (6) Relocation costs for individuals who are being displaced as
line 17 a result of rehabilitation of existing units.
line 18 (7) Capitalized operating subsidies for units purchased,
line 19 converted, or altered with funds provided by this section.
line 20 (8) Recreational vehicle parking programs, including subsidizing
line 21 rent for recreational vehicles or other costs associated with safe
line 22 parking programs. For purposes of this paragraph, “recreational
line 23 vehicle” has the same meaning as that term is defined in Section
line 24 18010.
line 25 (b) Where possible, the funds described in subdivision (a) shall
line 26 be allocated by the department in a manner that takes into
line 27 consideration all of the following:
line 28 (1) Need geographically across the state.
line 29 (2) Areas with high unsheltered populations and high COVID-19
line 30 infection rates.
line 31 (3) The demonstrated ability of the applicant to fund ongoing
line 32 operating reserves.
line 33 (4) The creation of new permanent housing options.
line 34 (5) The potential for state funding for capitalized operating
line 35 reserves to make additional housing units financially viable through
line 36 this program.
line 37 (c) Any conflict between the other requirements of the
line 38 Multifamily Housing Program created by this chapter and this
line 39 section shall be resolved in favor of this section, as may be set
line 40 forth in the guidelines authorized by this section.
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line 1 (d) The Department of Housing and Community Development
line 2 may adopt guidelines for the expenditure of the funds appropriated
line 3 to the department. The guidelines shall not be subject to the
line 4 requirements of Chapter 3.5 (commencing with Section 11340) of
line 5 Part 1 of Division 3 of Title 2 of the Government Code.
line 6 (e) Up to 2 percent of the funds appropriated for this section
line 7 may be expended for the costs to administer this program.
line 8 (f) On or before April 1, 2021, the Department of Housing and
line 9 Community Development, in coordination with the Business,
line 10 Consumer Services, and Housing Agency, shall report to the chairs
line 11 of each fiscal committee and each relevant policy committee of
line 12 the Legislature on the use of the funds described in this section.
line 13 The report shall include, but not be limited to, all of the following:
line 14 (1) The amount of funds expended for the uses described in this
line 15 section.
line 16 (2) The location of any properties for which the funds are used.
line 17 (3) The number of useable housing units produced, or planned
line 18 to be produced, using the funds.
line 19 (4) The number of individuals housed, or likely to be housed,
line 20 using the funds.
line 21 (5) The number of units, and the location of those units, for
line 22 which operating subsidies have been, or are planned to be,
line 23 capitalized using the funds.
line 24 (6) An explanation of how funding decisions were made for
line 25 acquisition, conversion, or rehabilitation projects, or for capitalized
line 26 operating subsidies, including what metrics were considered in
line 27 making those decisions.
line 28 (7) Any lessons learned from the use of the funds.
line 29 (g) Any project that uses funds received from the Coronavirus
line 30 Relief Fund for any of the purposes specified in subdivision (a)
line 31 shall be deemed consistent and in conformity with any applicable
line 32 local plan, standard, or requirement, and allowed as a permitted
line 33 use, within the zone in which the structure is located, and shall not
line 34 be subject to a conditional use permit, discretionary permit, or to
line 35 any other discretionary reviews or approvals.
line 36 (h) A report to be submitted pursuant to subdivision (f) shall be
line 37 submitted in compliance with Section 9795 of the Government
line 38 Code.
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AB 2011 — 23 —
line 1
line 2 REVISIONS:
line 3 Heading—Line 1.
line 4
O
97
— 24 — AB 2011