HomeMy WebLinkAbout082223 - 03.1
Danville Town Council Legislative Committee – Regular Meeting
AGENDA
Tuesday, August 22, 2023
9:00 a.m.
Danville Town Offices
500 La Gonda Way, Danville
Any document provided to a majority of the members of the Town Council Legislative Committee regarding any item
on the agenda will be made available for public inspection at the meeting, on the Town Website at Danville.ca.gov,
and at the Danville Town Offices, 500 La Gonda Way, Danville, CA during normal business hours. Members of the
public may provide input on any item listed on the agenda. Comments should not exceed three (3) minutes.
1. CALL TO ORDER
2. PUBLIC COMMENT – At this time, members of the public may address the Committee
about a subject which is not listed on the agenda. Comments should not exceed three (3)
minutes.
3. ACTION ITEMS - Members of the public may provide input on any of the following items
listed on the agenda. Comments should not exceed three (3) minutes.
3.1 August Legislative Report
4. ADJOURNMENT
CERTIFICATION
I hereby certify that the foregoing agenda was posted at the Danville Town Offices and
the Danville website at www.danville.ca.gov, in the Town of Danville 72 hours in
advance.
___________________________________
Marie Sunseri, City Clerk
NOTICE: If you challenge a city’s zoning, planning, or other decision in court, you may be limited to raising only
those issues you or someone else raised at the public hearing described in this notice, or in written correspondence
delivered to the Town Council at, or prior to, the public hearing. Judicial review of any city administrative decision
may be had only if a petition is filed with the court not later than the 90th day following the date upon which the
decision becomes final. Judicial review of environmental determinations may be subject to a shorter time period or
litigation, in certain cases 30 days following the date of final decision.
DocuSign Envelope ID: A367A59C-ACF0-4328-88B1-F6B827EC8862
TOWN COUNCIL LEGISLATIVE COMMITTEE AGENDA
August 22, 2023
Page 2
Unless stated otherwise on the agenda, every item on the agenda is exempt from CEQA Guidelines and/or Public
Resources Code.
In compliance with the Americans with Disabilities Act, the Town of Danville will provide special assistance for
disabled citizens. If you need special assistance to participate in this meeting, please contact the City Clerk (925) 314-
3388. Notification 48 hours prior to the meeting will enable the Town to make reasonable arrangements to ensure
accessibility to this meeting. [28CFR 35.102-35.104 ADA Title II]
DocuSign Envelope ID: A367A59C-ACF0-4328-88B1-F6B827EC8862
LEGISLATIVE COMMITTEE MEMORANDUM 3.1
TO: Mayor and Town Council August 22, 2023
SUBJECT: August 2023 Legislative Report
BACKGROUND
The Legislature reconvened from summer recess on August 14. Appropriations
committees will have until September 1 to pass bills that have a fiscal impact on the state.
Floor hearings will take place September 5 through September 14, the last day for each
house to pass bills for the Governor’s consideration. Governor Newsome will have until
October 14 to sign or veto bills passed by the Legislature.
DISCUSSION
The Town’s Legislative Committee follows priority legislation identified through the Tri-
Valley Cities coalition and the Danville Town Council based upon the Town’s legislative
framework. The bills and positions that are a priority for the Tri-Valley coalition are
discussed in the second half of this report.
The following bills have been identified as having an impact on Danville.
AB 965 (Carrillo) Local government: broadband permit applications.
This bill would require a local agency to undertake batch broadband permit processing
upon receiving two or more broadband permit applications for substantially similar
broadband project sites submitted at the same time by the same applicant. This bill
requires the minimum number of sites that can be batched in a single permit for a city
with a population of 50,000 or less as 25.
Recommended Position: Neutral
SB 532 (Wiener) San Francisco Bay area toll bridges: tolls: transit operating expenses
This bill would require the Bay Area Transit Authority (BATA) to increase the toll rate
for vehicles for crossing the state-owned toll bridges in the San Francisco Bay area by
$1.50. The bill would require the revenues collected from this toll to be deposited in the
Bay Area Toll Account, would continuously appropriate moneys from this toll increase
and other specified tolls, and would require moneys from this toll to be transferred to
MTC for allocation to transit operators that provide service within the San Francisco Bay
August Legislative Update 2 August 22, 2023
area and that are experiencing a financial shortfall, as specified. The bill would direct
MTC to require each transit operator eligible to receive an allocation from the account to,
on an annual basis, submit a 5-year projection of its operating needs, as specified.
Recommended Position: Oppose
Tri-Valley Cities Coalition
Below is the list of bills the TVC identified at the beginning of the 2023 Legislative session
to track.
AB 894 (Friedman) Parking requirements: shared parking.
This bill would require a public agency to allow entities with underutilized parking to
share their underutilized parking with the public, a private entity, a public agency, or
other users, if those entities submit a shared parking agreements to the public agency,
and information demonstrating the benefit of the proposed shared parking agreement.
This bill passed on the Assembly Floor with a 62:10:8 vote. (Affordable Housing and
Homelessness, Transportation and Infrastructure)
Recommended TVC Position: Neutral
SB 423 (Wiener) Land use: streamlined housing approvals: multifamily housing
developments.
This bill would modify provisions of SB 35 (Wiener) by extending the operation of the streamline,
ministerial approval process to January 1, 2036. This bill would also make specified revisions to
provisions including eliminating the authorization for a local government’s planning commission
to conduct public oversight of a development and would only authorize design review. This bill
passed on the Senate Floor with a 29:5:6 vote. (Affordable Housing and Homelessness)
TVC Position: Oppose unless Amended
ACA 1 (Aguiar-Curry) Local government financing: affordable housing and public
infrastructure: voter approval.
This measure would authorize a local government to impose, extend, or increase a sales
and use tax or transactions and use tax imposed for the purposes of funding the
construction, reconstructions, rehabilitation, or replacement of public infrastructure,
affordable housing, or permanent supportive housing, or the acquisition or lease of real
property for those purposes, if the proposition proposing that tax is approved by a
majority vote of the membership of the governing board of the local government and by
55% of its voters voting on the proposition. (Affordable Housing and Homelessness,
Transportation and Infrastructure)
TVC Position: Support
Federal
In May of 2023, the Homes for Every Local Protector, Educator, and Responder Act of
2023, or the HELPER Act of 2023, was introduced into Congress. This bipartisan bill
would amend the National Housing Act to establish a first-time homebuyers mortgage
August Legislative Update 3 August 22, 2023
insurance program for firefighters, paramedics, emergency medical technicians, law
enforcement, and teachers that meet specified criteria.
Additional Advocacy Efforts
The Tri-Valley Cities Mayors will meet again on Monday, September 11.
The Tri-Valley Cities Council will meet September 27 and will be hosted here in Danville
where we will hear a legislative update from the League of California Cities and
Townsend Public Affairs. Discovery Counseling Center and Teen Esteem+ will also be
giving a presentation on mental health.
CONCLUSION
Accept this report and direct any questions and/or direction to Town legislative staff.
Prepared by:
Cat Bravo
Management Analyst
Reviewed by:
Joseph Calabrigo
Town Manager
Attachment A – Bill Summary and Analysis Packet
Attachment B – 2024 Legislative Committee Meeting Dates
AMENDED IN ASSEMBLY JUNE 29, 2023
AMENDED IN ASSEMBLY JUNE 22, 2023
AMENDED IN SENATE MAY 18, 2023
AMENDED IN SENATE APRIL 25, 2023
AMENDED IN SENATE APRIL 13, 2023
AMENDED IN SENATE MARCH 30, 2023
SENATE BILL No. 532
Introduced by Senator Wiener
(Principal coauthors: Senators Becker and Cortese)
(Principal coauthors: Assembly Members Bonta, Haney, Lee, Ting, and
Wicks)
February 14, 2023
An act to amend Sections 30911, 30916, and 30920 of, and to add
Section 30914.8 to, the Streets and Highways Code, and to amend
Section 40258 of Vehicle Code, relating to transportation, and making
an appropriation therefor.
legislative counsel’s digest
SB 532, as amended, Wiener. San Francisco Bay area toll bridges:
toll increase: tolls: transit operating expenses.
Existing law creates the Metropolitan Transportation Commission
(MTC) as a regional agency in the 9-county San Francisco Bay area
with comprehensive regional transportation planning and other related
responsibilities. Existing law creates the Bay Area Toll Authority
(BATA) as a separate entity governed by the same governing board as
MTC and makes BATA responsible for the administration of toll
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ATTACHMENT A
revenues from the state-owned toll bridges in the San Francisco Bay
area. Existing law requires the Department of Transportation to collect
tolls on these state-owned toll bridges. Existing law requires those toll
revenues to be deposited in the Bay Area Toll Account and requires
BATA to control and maintain that account, as specified.
This bill would, until December 31, 2028, require BATA to increase
the toll rate for vehicles for crossing the state-owned toll bridges in the
San Francisco Bay area by $1.50, as adjusted for inflation. The bill
would require the revenues collected from this toll to be deposited in
the Bay Area Toll Account, would continuously appropriate moneys
from this toll increase and other specified tolls, and would require
moneys from this toll to be transferred to MTC for allocation to transit
operators that provide service within the San Francisco Bay area and
that are experiencing a financial shortfall, as specified. The bill would
direct MTC to require each transit operator eligible to receive an
allocation from the account to, on an annual basis, submit a 5-year
projection of its operating needs, as specified.
To the extent this bill would mandate that MTC or a transit operator
provide a new program or higher level of service, the bill would impose
a state-mandated local program.
Existing law, beginning July 1, 2024, prohibits a schedule of toll
evasion penalties for a toll evasion violation on a toll bridge from
exceeding $25 for the notice of toll evasion violation and $50 for the
notice of delinquent toll evasion violation, as specified.
This bill, beginning July 1, 2024, would decrease the maximum
amount of penalties that can be included in a schedule of toll evasion
penalties for a toll evasion violation on a San Francisco Bay area
state-owned toll bridge to instead be $5 for the notice of toll evasion
violation and $10 for the notice of delinquent toll evasion violation, as
specified.
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, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to the statutory
provisions noted above.
Vote: 2⁄3. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: yes.
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— 2 — SB 532
The people of the State of California do enact as follows:
line 1 SECTION 1. This act shall be known, and may be cited, as the
line 2 Safe, Clean, and Reliable Bay Area Public Transportation
line 3 Emergency Act.
line 4 SEC. 2. It is the intent of the Legislature to enact future
line 5 legislation to require the Metropolitan Transportation Commission
line 6 to study, design, and implement an equity-based program to
line 7 mitigate the impacts of the $1.50 toll increase required by this act
line 8 within two years of the effective date of this act. It is the intent of
line 9 the Legislature that the commission would establish the
line 10 equity-based program in a manner that is operationally feasible,
line 11 financially practicable, and effective, and that the commission
line 12 would consider including discounts, toll caps, and toll exemptions
line 13 as part of the program.
line 14 SEC. 2.
line 15 SEC. 3. Section 30911 of the Streets and Highways Code is
line 16 amended to read:
line 17 30911. (a) The authority shall control and maintain the Bay
line 18 Area Toll Account and other subaccounts it deems necessary and
line 19 appropriate to document toll revenue and operating expenditures
line 20 in accordance with generally accepted accounting principles.
line 21 (b) (1) After providing for expenditures pursuant to subdivision
line 22 (a) of Section 30912 and for operating assistance pursuant to
line 23 subdivision (d) of Section 30914 and subdivision (c) of Section
line 24 30914.7 and after the requirements of any bond resolution or
line 25 indenture of the authority for any outstanding revenue bonds have
line 26 been met, the authority shall transfer on a regularly scheduled basis
line 27 as set forth in the authority’s annual budget resolution, the revenues
line 28 defined in subdivision (b) of Section 30913 and Sections 30914,
line 29 30914.7, and 30914.8 to the commission. The funds transferred
line 30 are continuously appropriated to the commission to expend for the
line 31 purposes specified in subdivision (b) of Section 30913 and Sections
line 32 30914, 30914.7, and 30914.8. After the commission makes a
line 33 determination that the projects and programs funded by the
line 34 commission have been completed, the revenues transferred to the
line 35 commission shall be expended by the commission for supplemental
line 36 funding for the projects and programs identified in subdivision (a)
line 37 of Section 30914.7 if the voters approve a toll increase authorized
line 38 pursuant to Section 30923.
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SB 532 — 3 —
line 1 (2) For purposes of paragraph (1), the revenues defined in
line 2 subdivision (b) of Section 30913 and subdivision (a) of Section
line 3 30914 include all revenues accruing since January 1, 1989.
line 4 SEC. 3.
line 5 SEC. 4. Section 30914.8 is added to the Streets and Highways
line 6 Code, to read:
line 7 30914.8. (a) The Metropolitan Transportation Commission
line 8 shall, from proceeds of the toll imposed pursuant to subdivision
line 9 (f) of Section 30916 and transferred pursuant to Section 30911,
line 10 provide funding to transit operators that provide service within the
line 11 commission’s geographic jurisdiction and that are experiencing a
line 12 financial shortfall. A transit operator shall only be eligible to
line 13 receive an allocation pursuant to this section if it operates
line 14 fixed-route public transit services services, including by bus, rail,
line 15 or ferry, within the commission’s geographic jurisdiction and does
line 16 not directly receive the majority of its revenues from the Golden
line 17 Gate Bridge, Highway, and Transportation District.
line 18 (b) The commission shall annually distribute at least 90 percent
line 19 of the revenues described in subdivision (a) to eligible transit
line 20 operators in order to avoid service cuts and maintain operations,
line 21 including safety, security, reliability, or cleanliness services and
line 22 improvements. The commission may only allocate funds pursuant
line 23 to this subdivision to a transit operator after it makes a
line 24 determination that the funds are necessary to avoid service cuts
line 25 relative to service levels provided by that transit operator during
line 26 2022–23 fiscal year. In providing allocations pursuant to this
line 27 subdivision, the commission shall prioritize averting service cuts
line 28 for transit operators that serve the highest number of transit riders.
line 29 The commission shall also take into consideration the extent of
line 30 local funding to support transit service and may also consider
line 31 operator fares and other sources of revenue.
line 32 (c) The commission shall annually distribute no more than 10
line 33 percent of the revenues described in subdivision (a) to assist
line 34 eligible transit operators with restoring or reconfiguring service
line 35 above levels provided during the 2022–23 fiscal year or for the
line 36 purpose of funding initiatives to transform transit service pursuant
line 37 to the commission’s adopted Transit Transformation Action Plan,
line 38 or to make specific safety, security, reliability, or cleanliness
line 39 improvements.
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— 4 — SB 532
line 1 (d) The commission shall require each transit operator eligible
line 2 to receive an allocation pursuant to this section to, on an annual
line 3 basis, submit a five-year projection of its operating needs. This
line 4 projection of operating needs shall be based on standardized
line 5 assumptions and guidance developed by the commission in
line 6 collaboration with transit operators. The commission may
line 7 reasonably audit, request revision to, or directly amend operating
line 8 needs projections if appropriate or necessary to ensure consistency
line 9 of assumptions and fairness across transit operators.
line 10 SEC. 4.
line 11 SEC. 5. Section 30916 of the Streets and Highways Code is
line 12 amended to read:
line 13 30916. (a) The base toll rate for vehicles crossing the
line 14 state-owned toll bridges within the geographic jurisdiction of the
line 15 commission as of January 1, 2003, is as follows:
line 16
line 17 Toll Number of Axles
line 18 $1.00 Two axles
line 19 3.00 Three axles
line 20 5.25 Four axles
line 21 8.25 Five axles
line 22 9.00 Six axles
line 23 10.50 Seven axles & more
line 24
line 25 (b) If the voters approve a toll increase, pursuant to Section
line 26 30921, commencing July 1, 2004, the base toll rate for vehicles
line 27 crossing the bridges described in subdivision (a) is as follows:
line 28
line 29 Toll Number of axles
line 30 $ 2.00 Two axles
line 31 4.00 Three axles
line 32 6.25 Four axles
line 33 9.25 Five axles
line 34 10.00 Six axles
line 35 11.50 Seven axles & more
line 36
line 37 (c) (1) If the voters approve a toll increase, pursuant to Section
line 38 30923, the authority shall increase the base toll rate for vehicles
line 39 crossing the bridges described in subdivision (a) from the toll rates
line 40 then in effect by the amount approved by the voters pursuant to
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SB 532 — 5 —
line 1 Section 30923. The authority may, beginning six months after the
line 2 election approving the toll increase, phase in the toll increase over
line 3 a period of time and may adjust the toll increase for inflation based
line 4 on the California Consumer Price Index after the toll increase has
line 5 been phased in completely.
line 6 (2) Revenue generated from the adjustment of the toll to account
line 7 for inflation pursuant to paragraph (1) may be expended for the
line 8 following purposes:
line 9 (A) Bridge maintenance and rehabilitation necessary to preserve,
line 10 protect, and replace the bridge structures consistent with
line 11 subdivision (b) of Section 30950.3.
line 12 (B) Supplemental funding for the projects and programs
line 13 authorized pursuant to subdivision (a) of Section 30914.7.
line 14 (d) The authority shall increase the amount of the toll only if
line 15 required to meet its obligations on any bonds or to satisfy its
line 16 covenants under any bond resolution or indenture. The authority
line 17 shall hold a public hearing before adopting a toll schedule reflecting
line 18 the increased toll charge.
line 19 (e) Nothing in this section shall be construed to prohibit the
line 20 adoption of either a discounted commute rate for two-axle vehicles
line 21 or of special provisions for high-occupancy vehicles under terms
line 22 and conditions prescribed by the authority in consultation with the
line 23 department.
line 24 (f) (1) Beginning January 1, 2024, and until December 31,
line 25 2028, the authority shall increase the base toll rate for vehicles
line 26 crossing the bridges described in subdivision (a) from the toll rates
line 27 then in effect by one dollar and fifty cents ($1.50).
line 28 (2) The authority shall adjust the toll increase imposed pursuant
line 29 to paragraph (1) on an annual basis for inflation based on the
line 30 California Consumer Price Index.
line 31 (3) Notwithstanding Section 30918, the toll increase imposed
line 32 pursuant to paragraph (1) shall not be reduced without statutory
line 33 authorization by the Legislature.
line 34 (4) This subdivision shall become inoperative on January 1,
line 35 2029.
line 36 SEC. 5.
line 37 SEC. 6. Section 30920 of the Streets and Highways Code is
line 38 amended to read:
line 39 30920. The authority may issue toll bridge revenue bonds to
line 40 finance any or all of the projects and purposes, including those
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— 6 — SB 532
line 1 specified in Sections 30913, 30914, 30914.7, and 30914.8, if the
line 2 issuance of the bonds does not adversely affect the minimum
line 3 amount of toll revenue proceeds designated in Section 30913 and
line 4 in paragraph (4) of subdivision (a) of, and subdivision (b) of,
line 5 Section 30914 for rail extension and improvement projects and
line 6 transit projects to reduce vehicular traffic. A determination of the
line 7 authority that a specific project or projects or purposes shall have
line 8 no adverse effect will be binding and conclusive in all respects.
line 9 SEC. 7. Section 40258 of the Vehicle Code, as added by Section
line 10 13 of Chapter 969 of the Statutes of 2022, is amended to read:
line 11 40258. (a) (1) The schedule of toll evasion penalties for a toll
line 12 evasion violation on a toll bridge shall not exceed twenty-five
line 13 dollars ($25) for the notice of toll evasion violation, and shall not
line 14 exceed fifty dollars ($50) for the notice of delinquent toll evasion
line 15 violation for a cumulative total of fifty dollars ($50) for each
line 16 individual toll evasion violation.
line 17 (2) Notwithstanding paragraph (1), the schedule of toll evasion
line 18 penalties for a toll evasion violation on a San Francisco Bay area
line 19 state-owned toll bridge shall not exceed five dollars ($5) for the
line 20 notice of toll evasion violation, and shall not exceed ten dollars
line 21 ($10) for the notice of delinquent toll evasion violation for a
line 22 cumulative total of fifteen dollars ($15) for each individual toll
line 23 evasion violation. For purposes of this paragraph, “San Francisco
line 24 Bay area state-owned toll bridge” means any of the toll bridges
line 25 described in Section 30910 of the Streets and Highways Code.
line 26 (2)
line 27 (3) Notwithstanding paragraph (1), paragraphs (1) and (2), the
line 28 schedule of toll evasion penalties may include any administrative
line 29 fee, fine, or assessment imposed by the state after enactment of
line 30 this chapter in addition to the cumulative fifty-dollar ($50) limit
line 31 per each individual toll evasion violation.
line 32 (b) If the registered owner, by appearance or by mail, makes
line 33 payment to the processing agency within 15 days of the mailing
line 34 of the notice of toll evasion violation issued pursuant to subdivision
line 35 (a) of Section 40254 for a bridge toll evasion, the amount owed
line 36 shall consist of the amount of the toll without any additional
line 37 penalties, administrative fees, or charges.
line 38 (c) The maximum penalty for each toll evasion violation
line 39 included in a notice of toll evasion for either a toll highway, toll
line 40 road, or express lane shall be sixty dollars ($60). The maximum
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SB 532 — 7 —
line 1 cumulative toll evasion penalty shall not exceed one hundred
line 2 dollars ($100) for each individual toll evasion violation.
line 3 (d) Toll evasion penalties under this article shall be collected
line 4 as civil penalties.
line 5 (e) The amounts specified in this section may be adjusted
line 6 periodically by an issuing agency at a rate not to exceed any
line 7 increase in the California Consumer Price Index as compiled and
line 8 reported by the Department of Industrial Relations.
line 9 (f) An issuing agency shall waive the toll evasion penalty for a
line 10 first violation with the issuing agency if the person contacts, as
line 11 applicable, the issuing or processing agency customer service
line 12 center within 21 days from the mailing of the notice of toll evasion
line 13 violation, and the person is not currently an accountholder with
line 14 the issuing agency, signs up for an account, and pays the
line 15 outstanding toll.
line 16 (g) This section shall become operative on July 1, 2024.
line 17 SEC. 6.
line 18 SEC. 8. If the Commission on State Mandates determines that
line 19 this act contains costs mandated by the state, reimbursement to
line 20 local agencies and school districts for those costs shall be made
line 21 pursuant to Part 7 (commencing with Section 17500) of Division
line 22 4 of Title 2 of the Government Code.
O
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— 8 — SB 532
AMENDED IN SENATE AUGUST 15, 2023
AMENDED IN SENATE JUNE 22, 2023
AMENDED IN ASSEMBLY APRIL 20, 2023
AMENDED IN ASSEMBLY APRIL 11, 2023
california legislature—2023–24 regular session
ASSEMBLY BILL No. 894
Introduced by Assembly Member Friedman
(Coauthors: Assembly Members Kalra and Wicks)
February 14, 2023
An act to add Section 65863.1 to the Government Code, relating to
land use.
legislative counsel’s digest
AB 894, as amended, Friedman. Parking requirements: shared
parking.
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 also authorizes the legislative body of a city or a county to adopt
ordinances establishing requirements for parking.
This
When an entity receiving parking is not using that parking to meet
public automobile parking requirements, this bill would require a public
agency, as defined, to allow entities with underutilized parking to share
their underutilized parking with the public, public agencies, or other
entities, if those entities submit a shared parking agreement, as defined,
95
to the public agency, and information demonstrating identifying the
benefits of the proposed shared parking agreement. The bill would
require a public agency to allow parking spaces identified in a shared
parking agreement to count toward meeting automobile parking
requirements for a new or existing development or use, including, but
not limited to, shared parking in underutilized spaces and in parking
lots and garages that will be constructed as part of the development or
developments when specified conditions regarding the distance between
the entities that will share the parking are met. The bill would require
a public agency to approve the shared parking agreement if it includes
includes, among other things, a parking analysis using peer-reviewed
methodologies developed by a professional planning association, as
specified. The bill would require a public agency to decide whether to
approve or deny the shared parking agreement and determine how many
parking spaces can be reasonably shared between uses to fulfill parking
requirements if the shared parking agreement does not include this
parking analysis. If the public agency is required to decide whether to
approve or deny an agreement for specified developments under these
provisions, the bill would require the public agency to notify all property
owners within 300 feet of the shared parking spaces of the proposed
agreement and to hold a public meeting if it receives a request to do so
within 14 days of notifying property owners, as provided. The bill would
specify that these notification and public meeting requirements would
not apply to public agencies that enact an ordinance that provides for
shared parking agreements, including ordinances enacted before January
1, 2024. The bill would require a public agency, private landowner, or
lessor to examine the feasibility of shared parking agreements to replace
new parking construction or limit the number of new parking spaces
that will be constructed when state funds are being used on a proposed
new development or before a parking structure or surface parking lot
is developed using public funds.
By imposing new requirements on local governments when reviewing
and approving new developments, the bill would impose a
state-mandated local program.
The bill would include findings that changes proposed by this bill
address a matter of statewide concern rather than a municipal affair
and, therefore, apply to all cities, including charter cities.
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.
95
— 2 — AB 894
This bill would provide that no reimbursement is required by this act
for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 65863.1 is added to the Government
line 2 Code, to read:
line 3 65863.1. (a) For the purposes of this section:
line 4 (1) “Automobile parking requirements” means any parking that
line 5 a public agency requires an entity to provide, including, but not
line 6 limited to, parking imposed via ordinance, pursuant to the
line 7 California Environmental Quality Act (Division 13 (commencing
line 8 with Section 21000) of the Public Resources Code), or a
line 9 development agreement.
line 10 (2) “Public agency” means the state or any state agency, board,
line 11 or commission, any city, county, city and county, including charter
line 12 cities, or special district, or any agency, board, or commission of
line 13 the city, county, city and county, special district, joint powers
line 14 authority, or other political subdivision.
line 15 (3) “Shared parking agreement” means an agreement that
line 16 outlines the terms under which underutilized parking will be shared
line 17 between the entities that are a party to the agreement.
line 18 (4) “Underutilized parking” means parking where 20 percent
line 19 or more of a development’s parking spaces are available not
line 20 occupied during the period that the parking is needed proposed to
line 21 be shared by another user, group, development, or the public.
line 22 (b) A When an entity receiving parking is not using that parking
line 23 to meet public agency automobile parking requirements, a public
line 24 agency shall allow entities with underutilized parking to share their
line 25 underutilized parking spaces with the public, public agencies, or
line 26 other entities, if those entities submit a shared parking agreement
line 27 to the public agency and information demonstrating identifying
line 28 the benefits of the proposed shared parking agreement.
line 29 (c) A public agency shall allow parking spaces identified in a
line 30 shared parking agreement to count toward meeting any automobile
line 31 parking requirement for a new or existing development or use,
line 32 including, but not limited to, shared parking in underutilized spaces
line 33 and in parking lots and garages that will be constructed as part of
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AB 894 — 3 —
line 1 the development or developments under any of the following
line 2 conditions:
line 3 (1) The entities that will share the parking are located on the
line 4 same, or contiguous, parcels.
line 5 (2) The sites of the entities that will share parking are separated
line 6 by no more than 2,000 feet of travel by the shortest walking route.
line 7 (3) The sites of the entities that will share the parking are
line 8 separated by more than 2,000 feet of travel by the shortest walking
line 9 route, but there is a plan for shuttles or other accommodations to
line 10 move between the parking and site.
line 11 (c) In cases where an entity is entering into a shared parking
line 12 agreement and proposes to use the shared parking spaces to meet
line 13 public agency automobile parking requirements, all of the
line 14 following shall apply:
line 15 (d) (1)
line 16 (1) A public agency shall approve a shared parking agreement
line 17 if it includes it:
line 18 (A) Includes a parking analysis using peer-reviewed
line 19 methodologies developed by a professional planning association,
line 20 such as the methodology established by the Urban Land Institute,
line 21 National Parking Association, and the International Council of
line 22 Shopping Centers, sufficient to determine how many parking
line 23 spaces can be reasonably shared between uses to fulfill parking
line 24 requirements.
line 25 (B) Secures long-term provision of parking spaces or affords
line 26 the opportunity for periodic review and approval by the public
line 27 agency.
line 28 (2) A public agency shall allow parking spaces identified in a
line 29 shared parking agreement to count toward meeting any automobile
line 30 parking requirement for a new or existing development or use,
line 31 including, but not limited to, shared parking in underutilized spaces
line 32 and in parking lots and garages that will be constructed as part
line 33 of the development or developments under any of the following
line 34 conditions:
line 35 (A) The entities that will share the parking are located on the
line 36 same, or contiguous, parcels.
line 37 (B) The sites of the entities that will share parking are separated
line 38 by no more than 2,000 feet of travel by the shortest walking route.
line 39 (C) The sites of the entities that will share the parking are
line 40 separated by more than 2,000 feet of travel by the shortest walking
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line 1 route, but there is a plan for shuttles or other accommodations to
line 2 move between the parking and site, including a demonstrated
line 3 commitment to sustain such transportation accommodations.
line 4 (3) The public agency may require that shared parking
line 5 agreements be recorded against the parcels that are part of the
line 6 agreement.
line 7 (2)
line 8 (4) (A) If entities submit a shared parking agreement without
line 9 the parking analysis described in paragraph (1), the public agency
line 10 shall decide whether to approve or deny the shared parking
line 11 agreement, and determine the number of parking spaces that can
line 12 be reasonable reasonably shared between uses to fulfill parking
line 13 requirements.
line 14 (B) For shared parking agreements for developments of 10
line 15 residential units or more, or 18,000 square feet or more, before
line 16 making the determination, the public agency shall:
line 17 (i) Notify all property owners within 300 feet of the shared
line 18 parking spaces of the proposed agreement, including that the
line 19 property owner has 14 days to request a public meeting before the
line 20 public agency decides whether to approve or deny the shared
line 21 parking agreement.
line 22 (ii) If the public agency receives a request to hold a public
line 23 meeting within 14 days of notifying property owners pursuant to
line 24 clause (i), the public agency shall hold a public meeting on the
line 25 shared parking agreement to approve or deny the shared parking
line 26 agreement and determine the number of parking spaces that can
line 27 be reasonably shared between uses to fulfill parking requirements.
line 28 (C) This paragraph shall not apply to public agencies that enact
line 29 an ordinance that provides for shared parking agreements, including
line 30 ordinances enacted before January 1, 2024.
line 31 (5) A public agency approving a project proposing to use a
line 32 shared parking agreement may request and confirm reasonable
line 33 verification that shared parking agreements have been or will be
line 34 secured as a condition for such approval.
line 35 (e)
line 36 (d) A public agency shall not require the curing of any
line 37 preexisting deficit of the number of parking spaces as a condition
line 38 for approval of the shared parking agreement.
line 39 (f)
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AB 894 — 5 —
line 1 (e) A public agency shall not withhold approval of a shared
line 2 parking agreement between entities solely on the basis that it will
line 3 temporarily reduce or eliminate the number availability of parking
line 4 spaces available at the entity sharing underutilized parking. for the
line 5 original proposed uses.
line 6 (g)
line 7 (f) For a development project in which a designated historical
line 8 resource on a federal, state, or local register of historic places is
line 9 being converted or adapted, a public agency shall allow the project
line 10 applicant to meet minimum parking requirements through the use
line 11 of offsite shared parking.
line 12 (h)
line 13 (g) This section shall not reduce, eliminate, or preclude the
line 14 enforcement of any requirement imposed on a residential or
line 15 nonresidential development to provide parking spaces that are
line 16 accessible to persons with disabilities that would have otherwise
line 17 applied to the development if subdivision (c) did not apply.
line 18 (h) This section shall not reduce the percentage of parking
line 19 spaces that are designated for electric vehicles that would
line 20 otherwise have applied.
line 21 (i) A public agency, private landowner, or lessor shall examine
line 22 the feasibility of shared parking agreements to replace new parking
line 23 construction or limit the number of new parking spaces that will
line 24 be constructed, in either of the following circumstances:
line 25 (1) When state funds are being used on a proposed new
line 26 development.
line 27 (2) Before a parking structure or surface parking lot is developed
line 28 using public funds.
line 29 (j) Nothing in this section shall be interpreted to require that
line 30 parking be offered without cost or at a reduced cost to the user.
line 31 (k) Nothing in this section shall be interpreted to give public
line 32 agencies a right to compel private parties to enter into a shared
line 33 parking agreement.
line 34 (k)
line 35 (l) (1) The Legislature finds and declares that sharing parking
line 36 can help preserve land, lower the cost of housing, and allow more
line 37 compact land use that promotes walking, biking, and public transit.
line 38 Therefore, this section shall be interpreted in favor of rules and
line 39 guidelines that support shared parking as outlined in this section.
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line 1 (2) The Legislature finds and declares that preserving land and
line 2 lowering the cost of housing production by sharing parking is a
line 3 matter of statewide concern and is not a municipal affair as that
line 4 term is used in Section 5 of Article XI of the California
line 5 Constitution. Therefore, this section applies to all cities, including
line 6 charter cities.
line 7 SEC. 2. No reimbursement is required by this act pursuant to
line 8 Section 6 of Article XIIIB of the California Constitution because
line 9 a local agency or school district has the authority to levy service
line 10 charges, fees, or assessments sufficient to pay for the program or
line 11 level of service mandated by this act, within the meaning of Section
line 12 17556 of the Government Code.
O
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AB 894 — 7 —
AMENDED IN ASSEMBLY AUGUST 14, 2023
AMENDED IN ASSEMBLY JUNE 30, 2023
AMENDED IN ASSEMBLY JUNE 19, 2023
AMENDED IN SENATE MAY 23, 2023
AMENDED IN SENATE MARCH 28, 2023
SENATE BILL No. 423
Introduced by Senator Wiener
(Principal coauthor: Assembly Member Wicks)
(Coauthor: Senator Hurtado)
(Coauthor: Assembly Member Grayson)
February 13, 2023
An act to amend Section 65913.4 of the Government Code, relating
to land use.
legislative counsel’s digest
SB 423, as amended, Wiener. Land use: streamlined housing
approvals: multifamily housing developments.
Existing law, 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, as provided, and not subject to a conditional use permit, if the
development satisfies specified objective planning standards, including,
among others, that the development proponent has committed to record,
prior to the issuance of the first building permit, a land use restriction
or covenant providing that any lower or moderate-income housing units
required, as specified, remain available at affordable housing costs, as
defined, or rent to persons and families of lower or moderate-income
94
for no less than specified periods of time. Existing law repeals these
provisions on January 1, 2026.
This bill would authorize the Department of General Services to act
in the place of a locality or local government, at the discretion of that
department, for purposes of the ministerial, streamlined review for
development in compliance with the above-described requirements on
property owned by or leased to the state. The bill would extend the
operation of the streamlined, ministerial approval process to January
1, 2036. The bill would provide that the streamlined, ministerial approval
process does not apply to applications for developments proposed on
qualified sites, defined as a site that is located within an equine or
equestrian district and meets certain other requirements, that are
submitted on or after January 1, 2024, but before July 1, 2025.
This bill would modify the above-described objective planning
standards, including by deleting revising the standard that prohibits a
multifamily housing development from being subject to the streamlined,
ministerial approval process if the development is located in a coastal
zone, and by providing zone to apply only if the development located
in the coastal zone meets any one of specified conditions. The bill would
require that a development located in a coastal zone that satisfies the
specified conditions obtain a coastal development permit. The bill would
require a local government to approve a coastal development permit
if it determines that the development is consistent with all objective
standards of the local government’s certified local coastal program,
as specified. The bill would provide that the changes made by this act
would apply in a coastal zone on or after January 1, 2025.
The bill would also modify the above-described objective planning
standards by deleting the standard that prohibits a multifamily housing
development from being subject to the streamlined, ministerial approval
process if the development is located in a high or very high fire hazard
severity zone, as specified. The bill would instead state the intent of the
Legislature to consult with the Department of Housing and Community
Development, the Department of Forestry and Fire Protection, and
other appropriate experts and stakeholders to identify whether, and to
what extent, the streamlined, ministerial approval of projects under
this section will apply in high and very high fire hazard severity zones,
taking into consideration topographies, physical circumstances, and
uses. The bill would also provide an alternative definition for “affordable
rent” for a development that dedicates 100% of units, exclusive of a
manager’s unit or units, to lower income households. The bill would,
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among other modifications, delete the objective planning standards
requiring development proponents to pay at least the general prevailing
rate of per diem wages and utilize a skilled and trained workforce and
would instead require a development proponent to certify to the local
government that certain wage and labor standards will be met, including
a requirement that all construction workers be paid at least the general
prevailing rate of wages, as specified. The bill would require the Labor
Commissioner to enforce the obligation to pay prevailing wages. By
expanding the crime of perjury, the bill would impose a state-mandated
local program. The bill would specify that the requirements to pay
prevailing wages, use a workforce participating in an apprenticeship,
or provide health care expenditures do not apply to a project that consists
of 10 or fewer units and is not otherwise a public work.
Existing law requires a local government to approve a development
if the local government determines the development is consistent with
the objective planning standards. Existing law requires, if the local
government determines a submitted development is in conflict with any
of the objective planning standards, the local government to provide
the development proponent written documentation of the standards the
development conflicts with and an explanation for the conflict within
certain timelines depending on the size of the development. Existing
law, the Housing Accountability Act, prohibits a local agency from
disapproving a housing development project, as described, unless it
makes specified written findings.
This bill would instead require approval if a local government’s
planning director or equivalent position determines the development is
consistent with the objective planning standards. The bill would make
conforming changes. The bill would require all departments of the local
government that are required to issue an approval of the development
prior to the granting of an entitlement to also comply with the
above-described streamlined approval requirements within specified
time periods. The bill would prohibit a local government from requiring,
prior to approving a development that meets the requirements of the
above-described streamlining provisions, compliance with any standards
necessary to receive a postentitlement permit or studies, information,
or other materials that do not pertain directly to determining whether
the development is consistent with the objective planning standards
applicable to the development.
The bill would, for purposes of these provisions, establish that the
total number of units in a development includes (1) all projects
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SB 423 — 3 —
developed on a site, regardless of when those developments occur, and
(2) all projects developed on sites adjacent to a site developed pursuant
to these provisions if, after January 1, 2023, the adjacent site had been
subdivided from the site developed pursuant to these provisions.
Existing law requires, before submitting an application for a
development subject to the above-described streamlined, ministerial
approval process, the development proponent to submit to the local
government a notice of its intent to submit an application, as described.
For developments proposed in a census tract that is designated either
as a moderate resource area, low resource area, or an area of high
segregation and poverty, as described, this bill would require local
governments to provide, within 45 days of receiving a notice of intent
and before the development proponent submits an application for the
proposed development that is subject to the streamlined, ministerial
approval process, for a public meeting, as described, to provide an
opportunity for the public and the local government to comment on the
development.
Existing law authorizes the local government’s planning commission
or any equivalent board or commission responsible for review and
approval of development projects, or as otherwise specified, to conduct
any design review or public oversight of the development.
This bill would remove the above-described authorization to conduct
public oversight of the development and would only authorize design
review to be conducted by the local government’s planning commission
or any equivalent board or commission responsible for design review.
By imposing additional duties on local officials, the bill would impose
a state-mandated local program.
The bill would include findings that changes proposed by this bill
address a matter of statewide concern rather than a municipal affair
and, therefore, apply to all cities, including charter cities.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act
for specified reasons.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
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The people of the State of California do enact as follows:
line 1 SECTION 1. The Legislature finds and declares that it has
line 2 provided reforms and incentives to facilitate and expedite the
line 3 construction of affordable housing. Those reforms and incentives
line 4 can be found in the following provisions:
line 5 (a) Housing element law (Article 10.6 (commencing with
line 6 Section 65580) of Chapter 3 of Division 1 of Title 7 of the
line 7 Government Code).
line 8 (b) Extension of statute of limitations in actions challenging the
line 9 housing element and brought in support of affordable housing
line 10 (subdivision (d) of Section 65009 of the Government Code).
line 11 (c) Restrictions on disapproval of housing developments
line 12 (Section 65589.5 of the Government Code).
line 13 (d) Priority for affordable housing in the allocation of water and
line 14 sewer hookups (Section 65589.7 of the Government Code).
line 15 (e) Least cost zoning law (Section 65913.1 of the Government
line 16 Code).
line 17 (f) Density Bonus Law (Section 65915 of the Government
line 18 Code).
line 19 (g) Accessory dwelling units (Sections 65852.150 and 65852.2
line 20 of the Government Code).
line 21 (h) By-right housing, in which certain multifamily housing is
line 22 designated a permitted use (Section 65589.4 of the Government
line 23 Code).
line 24 (i) No-net-loss-in zoning density law limiting downzonings and
line 25 density reductions (Section 65863 of the Government Code).
line 26 (j) Requiring persons who sue to halt affordable housing to pay
line 27 attorney’s fees (Section 65914 of the Government Code) or post
line 28 a bond (Section 529.2 of the Code of Civil Procedure).
line 29 (k) Reduced time for action on affordable housing applications
line 30 under the approval of development permits process (Article 5
line 31 (commencing with Section 65950) of Chapter 4.5 of Division 1
line 32 of Title 7 of the Government Code).
line 33 (l) Limiting moratoriums on multifamily housing (Section 65858
line 34 of the Government Code).
line 35 (m) Prohibiting discrimination against affordable housing
line 36 (Section 65008 of the Government Code).
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SB 423 — 5 —
line 1 (n) California Fair Employment and Housing Act (Part 2.8
line 2 (commencing with Section 12900) of Division 3 of Title 2 of the
line 3 Government Code).
line 4 (o) Community Redevelopment Law (Part 1 (commencing with
line 5 Section 33000) of Division 24 of the Health and Safety Code, and
line 6 in particular Sections 33334.2 and 33413 of the Health and Safety
line 7 Code).
line 8 (p) Streamlining housing approvals during a housing shortage
line 9 (Section 65913.4 of the Government Code).
line 10 (q) Housing sustainability districts (Chapter 11 (commencing
line 11 with Section 66200) of Division 1 of Title 7 of the Government
line 12 Code).
line 13 (r) Streamlining agricultural employee housing development
line 14 approvals (Section 17021.8 of the Health and Safety Code).
line 15 (s) The Housing Crisis Act of 2019 (Senate Bill 330 (Chapter
line 16 654 of the Statutes of 2019)).
line 17 (t) Allowing four units to be built on single-family parcels
line 18 statewide (Senate Bill 9 (Chapter 162 of the Statutes of 2021)).
line 19 (u) The Middle Class Housing Act of 2022 (Section 65852.24
line 20 of the Government Code).
line 21 (v) Affordable Housing and High Road Jobs Act of 2022
line 22 (Chapter 4.1 (commencing with Section 65912.100) of Division
line 23 1 of Title 7 of the Government Code).
line 24 SEC. 2. Section 65913.4 of the Government Code is amended
line 25 to read:
line 26 65913.4. (a) Except as provided in subdivision (r), a
line 27 development proponent may submit an application for a
line 28 development that is subject to the streamlined, ministerial approval
line 29 process provided by subdivision (c) and is not subject to a
line 30 conditional use permit or any other nonlegislative discretionary
line 31 approval if the development complies with subdivision (b) and
line 32 satisfies all of the following objective planning standards:
line 33 (1) The development is a multifamily housing development that
line 34 contains two or more residential units.
line 35 (2) The development and the site on which it is located satisfy
line 36 all of the following:
line 37 (A) It is a legal parcel or parcels located in a city if, and only
line 38 if, the city boundaries include some portion of either an urbanized
line 39 area or urban cluster, as designated by the United States Census
line 40 Bureau, or, for unincorporated areas, a legal parcel or parcels
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line 1 wholly within the boundaries of an urbanized area or urban cluster,
line 2 as designated by the United States Census Bureau.
line 3 (B) At least 75 percent of the perimeter of the site adjoins parcels
line 4 that are developed with urban uses. For the purposes of this section,
line 5 parcels that are only separated by a street or highway shall be
line 6 considered to be adjoined.
line 7 (C) (i) A site that meets the requirements of clause (ii) and
line 8 satisfies any of the following:
line 9 (I) The site is zoned for residential use or residential mixed-use
line 10 development.
line 11 (II) The site has a general plan designation that allows residential
line 12 use or a mix of residential and nonresidential uses.
line 13 (III) The site meets the requirements of Section 65852.24.
line 14 (ii) At least two-thirds of the square footage of the development
line 15 is designated for residential use. Additional density, floor area,
line 16 and units, and any other concession, incentive, or waiver of
line 17 development standards granted pursuant to the Density Bonus Law
line 18 in Section 65915 shall be included in the square footage
line 19 calculation. The square footage of the development shall not
line 20 include underground space, such as basements or underground
line 21 parking garages.
line 22 (3) (A) The development proponent has committed to record,
line 23 prior to the issuance of the first building permit, a land use
line 24 restriction or covenant providing that any lower or moderate
line 25 income housing units required pursuant to subparagraph (B) of
line 26 paragraph (4) shall remain available at affordable housing costs
line 27 or rent to persons and families of lower or moderate-income for
line 28 no less than the following periods of time:
line 29 (i) Fifty-five years for units that are rented.
line 30 (ii) Forty-five years for units that are owned.
line 31 (B) The city or county shall require the recording of covenants
line 32 or restrictions implementing this paragraph for each parcel or unit
line 33 of real property included in the development.
line 34 (4) The development satisfies clause (i) or (ii) of subparagraph
line 35 (A) and satisfies subparagraph (B) below:
line 36 (A) (i) For a development located in a locality that is in its sixth
line 37 or earlier housing element cycle, the development is located in
line 38 either of the following:
line 39 (I) In a locality that the department has determined is subject
line 40 to this clause on the basis that the number of units that have been
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SB 423 — 7 —
line 1 issued building permits, as shown on the most recent production
line 2 report received by the department, is less than the locality’s share
line 3 of the regional housing needs, by income category, for that
line 4 reporting period. A locality shall remain eligible under this
line 5 subclause until the department’s determination for the next
line 6 reporting period.
line 7 (II) In a locality that the department has determined is subject
line 8 to this clause on the basis that the locality did not adopt a housing
line 9 element that has been found in substantial compliance with housing
line 10 element law (Article 10.6 (commencing with Section 65580) of
line 11 Chapter 3) by the department. A locality shall remain eligible under
line 12 this subclause until such time as the locality adopts a housing
line 13 element that has been found in substantial compliance with housing
line 14 element law (Article 10.6 (commencing with Section 65580) of
line 15 Chapter 3) by the department.
line 16 (ii) For a development located in a locality that is in its seventh
line 17 or later housing element cycle, is located in a locality that the
line 18 department has determined is subject to this clause on the basis
line 19 that the locality did not adopt a housing element that has been
line 20 found in substantial compliance with housing element law (Article
line 21 10.6 (commencing with Section 65580) of Chapter 3) by the
line 22 department by the statutory deadline, or that the number of units
line 23 that have been issued building permits, as shown on the most recent
line 24 production report received by the department, is less than the
line 25 locality’s share of the regional housing needs, by income category,
line 26 for that reporting period. A locality shall remain eligible under
line 27 this subparagraph until the department’s determination for the next
line 28 reporting period.
line 29 (B) The development is subject to a requirement mandating a
line 30 minimum percentage of below market rate housing based on one
line 31 of the following:
line 32 (i) The locality did not adopt a housing element pursuant to
line 33 Section 65588 that has been found in substantial compliance with
line 34 the housing element law (Article 10.6 (commencing with Section
line 35 65580) of Chapter 3) by the department, did not submit its latest
line 36 production report to the department by the time period required
line 37 by Section 65400, or that production report submitted to the
line 38 department reflects that there were fewer units of above
line 39 moderate-income housing issued building permits than were
line 40 required for the regional housing needs assessment cycle for that
94
— 8 — SB 423
line 1 reporting period. In addition, if the project contains more than 10
line 2 units of housing, the project does one of the following:
line 3 (I) For for-rent projects, the project dedicates a minimum of 10
line 4 percent of the total number of units, before calculating any density
line 5 bonus, to housing affordable to households making at or below 50
line 6 percent of the area median income. However, if the locality has
line 7 adopted a local ordinance that requires that greater than 10 percent
line 8 of the units be dedicated to housing affordable to households
line 9 making below 50 percent of the area median income, that local
line 10 ordinance applies.
line 11 (II) For for-sale projects, the project dedicates a minimum of
line 12 10 percent of the total number of units, before calculating any
line 13 density bonus, to housing affordable to households making at or
line 14 below 80 percent of the area median income. However, if the
line 15 locality has adopted a local ordinance that requires that greater
line 16 than 10 percent of the units be dedicated to housing affordable to
line 17 households making below 80 percent of the area median income,
line 18 that local ordinance applies.
line 19 (III) (ia) If the project is located within the San Francisco Bay
line 20 area, the project, in lieu of complying with subclause (I) or (II),
line 21 may opt to abide by this subclause. Projects utilizing this subclause
line 22 shall dedicate 20 percent of the total number of units, before
line 23 calculating any density bonus, to housing affordable to households
line 24 making below 100 percent of the area median income with the
line 25 average income of the units at or below 80 percent of the area
line 26 median income. However, a local ordinance adopted by the locality
line 27 applies if it requires greater than 20 percent of the units be
line 28 dedicated to housing affordable to households making at or below
line 29 100 percent of the area median income, or requires that any of the
line 30 units be dedicated at a level deeper than 100 percent. In order to
line 31 comply with this subclause, the rent or sale price charged for units
line 32 that are dedicated to housing affordable to households between 80
line 33 percent and 100 percent of the area median income shall not exceed
line 34 30 percent of the gross income of the household.
line 35 (ib) For purposes of this subclause, “San Francisco Bay area”
line 36 means the entire area within the territorial boundaries of the
line 37 Counties of Alameda, Contra Costa, Marin, Napa, San Mateo,
line 38 Santa Clara, Solano, and Sonoma, and the City and County of San
line 39 Francisco.
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SB 423 — 9 —
line 1 (ii) The locality’s latest production report reflects that there
line 2 were fewer units of housing issued building permits affordable to
line 3 either very low income or low-income households by income
line 4 category than were required for the regional housing needs
line 5 assessment cycle for that reporting period, and the project seeking
line 6 approval dedicates 50 percent of the total number of units, before
line 7 calculating any density bonus, to housing affordable to households
line 8 making at or below 80 percent of the area median income.
line 9 However, if the locality has adopted a local ordinance that requires
line 10 that greater than 50 percent of the units be dedicated to housing
line 11 affordable to households making at or below 80 percent of the area
line 12 median income, that local ordinance applies.
line 13 (iii) The locality did not submit its latest production report to
line 14 the department by the time period required by Section 65400, or
line 15 if the production report reflects that there were fewer units of
line 16 housing affordable to both income levels described in clauses (i)
line 17 and (ii) that were issued building permits than were required for
line 18 the regional housing needs assessment cycle for that reporting
line 19 period, the project seeking approval may choose between utilizing
line 20 clause (i) or (ii).
line 21 (C) (i) A development proponent that uses a unit of affordable
line 22 housing to satisfy the requirements of subparagraph (B) may also
line 23 satisfy any other local or state requirement for affordable housing,
line 24 including local ordinances or the Density Bonus Law in Section
line 25 65915, provided that the development proponent complies with
line 26 the applicable requirements in the state or local law. If a local
line 27 requirement for affordable housing requires units that are restricted
line 28 to households with incomes higher than the applicable income
line 29 limits required in subparagraph (B), then units that meet the
line 30 applicable income limits required in subparagraph (B) shall be
line 31 deemed to satisfy those local requirements for higher income units.
line 32 (ii) A development proponent that uses a unit of affordable
line 33 housing to satisfy any other state or local affordability requirement
line 34 may also satisfy the requirements of subparagraph (B), provided
line 35 that the development proponent complies with applicable
line 36 requirements of subparagraph (B).
line 37 (iii) A development proponent may satisfy the affordability
line 38 requirements of subparagraph (B) with a unit that is restricted to
line 39 households with incomes lower than the applicable income limits
line 40 required in subparagraph (B).
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line 1 (D) The amendments to this subdivision made by the act adding
line 2 this subparagraph do not constitute a change in, but are declaratory
line 3 of, existing law.
line 4 (5) The development, excluding any additional density or any
line 5 other concessions, incentives, or waivers of development standards
line 6 for which the development is eligible pursuant to the Density Bonus
line 7 Law in Section 65915, is consistent with objective zoning
line 8 standards, objective subdivision standards, and objective design
line 9 review standards in effect at the time that the development is
line 10 submitted to the local government pursuant to this section, or at
line 11 the time a notice of intent is submitted pursuant to subdivision (b),
line 12 whichever occurs earlier. For purposes of this paragraph, “objective
line 13 zoning standards,” “objective subdivision standards,” and
line 14 “objective design review standards” mean standards that involve
line 15 no personal or subjective judgment by a public official and are
line 16 uniformly verifiable by reference to an external and uniform
line 17 benchmark or criterion available and knowable by both the
line 18 development applicant or proponent and the public official before
line 19 submittal. These standards may be embodied in alternative
line 20 objective land use specifications adopted by a city or county, and
line 21 may include, but are not limited to, housing overlay zones, specific
line 22 plans, inclusionary zoning ordinances, and density bonus
line 23 ordinances, subject to the following:
line 24 (A) A development shall be deemed consistent with the objective
line 25 zoning standards related to housing density, as applicable, if the
line 26 density proposed is compliant with the maximum density allowed
line 27 within that land use designation, notwithstanding any specified
line 28 maximum unit allocation that may result in fewer units of housing
line 29 being permitted.
line 30 (B) In the event that objective zoning, general plan, subdivision,
line 31 or design review standards are mutually inconsistent, a
line 32 development shall be deemed consistent with the objective zoning
line 33 and subdivision standards pursuant to this subdivision if the
line 34 development is consistent with the standards set forth in the general
line 35 plan.
line 36 (C) It is the intent of the Legislature that the objective zoning
line 37 standards, objective subdivision standards, and objective design
line 38 review standards described in this paragraph be adopted or
line 39 amended in compliance with the requirements of Chapter 905 of
line 40 the Statutes of 2004.
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SB 423 — 11 —
line 1 (D) The amendments to this subdivision made by the act adding
line 2 this subparagraph do not constitute a change in, but are declaratory
line 3 of, existing law.
line 4 (E) A project that satisfies the requirements of Section 65852.24
line 5 shall be deemed consistent with objective zoning standards,
line 6 objective design standards, and objective subdivision standards if
line 7 the project is consistent with the provisions of subdivision (b) of
line 8 Section 65852.24 and if none of the square footage in the project
line 9 is designated for hotel, motel, bed and breakfast inn, or other
line 10 transient lodging use, except for a residential hotel. For purposes
line 11 of this subdivision, “residential hotel” shall have the same meaning
line 12 as defined in Section 50519 of the Health and Safety Code.
line 13 (6) The development is not located on a site that is any of the
line 14 following:
line 15 (A) An area of the coastal zone subject to paragraph (1) or (2)
line 16 of subdivision (a) of Section 30603 of the Public Resources Code.
line 17 (B) An area of the coastal zone that is not subject to a certified
line 18 local coastal program or a certified land use plan.
line 19 (C) In a coastal zone, an area vulnerable to three feet of sea
line 20 level rise, as determined by the National Oceanic and Atmospheric
line 21 Administration or the Ocean Protection Council.
line 22 (D) In a parcel in the coastal zone and located on either of the
line 23 following:
line 24 (i) On, or within a 100-foot radius of, a wetland, as defined in
line 25 Section 30121 of the Public Resources Code.
line 26 (ii) On prime agricultural land, as defined in Sections 30113
line 27 and 30241 of the Public Resources Code.
line 28 (A)
line 29 (E) Either prime farmland or farmland of statewide importance,
line 30 as defined pursuant to United States Department of Agriculture
line 31 land inventory and monitoring criteria, as modified for California,
line 32 and designated on the maps prepared by the Farmland Mapping
line 33 and Monitoring Program of the Department of Conservation, or
line 34 land zoned or designated for agricultural protection or preservation
line 35 by a local ballot measure that was approved by the voters of that
line 36 jurisdiction.
line 37 (B)
line 38 (F) Wetlands, as defined in the United States Fish and Wildlife
line 39 Service Manual, Part 660 FW 2 (June 21, 1993).
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line 1 (C) Within a very high fire hazard severity zone, as determined
line 2 by the Department of Forestry and Fire Protection pursuant to
line 3 Section 51178, or within a high or very high fire hazard severity
line 4 zone as indicated on maps adopted by the Department of Forestry
line 5 and Fire Protection pursuant to Section 4202 of the Public
line 6 Resources Code. This subparagraph does not apply to sites
line 7 excluded from the specified hazard zones by a local agency,
line 8 pursuant to subdivision (b) of Section 51179, or sites that have
line 9 adopted fire hazard mitigation measures pursuant to existing
line 10 building standards or state fire mitigation measures applicable to
line 11 the development.
line 12 (G) It is the intent of the Legislature to consult with the
line 13 Department of Housing and Community Development, the
line 14 Department of Forestry and Fire Protection, and other appropriate
line 15 experts and stakeholders to identify whether, and to what extent,
line 16 the streamlined ministerial approval of projects under this section
line 17 will apply in high and very high fire hazard severity zones, taking
line 18 into consideration topographies, physical circumstances, and uses.
line 19 (D)
line 20 (H) A hazardous waste site that is listed pursuant to Section
line 21 65962.5 or a hazardous substances release site designated by the
line 22 Department of Toxic Substances Control pursuant to Section 25356
line 23 of the Health and Safety Code, unless either of the following apply:
line 24 (i) The site is an underground storage tank site that received a
line 25 uniform closure letter issued pursuant to subdivision (g) of Section
line 26 25296.10 of the Health and Safety Code based on closure criteria
line 27 established by the State Water Resources Control Board for
line 28 residential use or residential mixed uses. This section does not
line 29 alter or change the conditions to remove a site from the list of
line 30 hazardous waste sites listed pursuant to Section 65962.5.
line 31 (ii) The State Department of Public Health, State Water
line 32 Resources Control Board, Department of Toxic Substances Control,
line 33 or a local agency making a determination pursuant to subdivision
line 34 (c) of Section 25296.10 of the Health and Safety Code, has
line 35 otherwise determined that the site is suitable for residential use or
line 36 residential mixed uses.
line 37 (E)
line 38 (I) Within a delineated earthquake fault zone as determined by
line 39 the State Geologist in any official maps published by the State
line 40 Geologist, unless the development complies with applicable seismic
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SB 423 — 13 —
line 1 protection building code standards adopted by the California
line 2 Building Standards Commission under the California Building
line 3 Standards Law (Part 2.5 (commencing with Section 18901) of
line 4 Division 13 of the Health and Safety Code), and by any local
line 5 building department under Chapter 12.2 (commencing with Section
line 6 8875) of Division 1 of Title 2.
line 7 (F)
line 8 (J) Within a special flood hazard area subject to inundation by
line 9 the 1 percent annual chance flood (100-year flood) as determined
line 10 by the Federal Emergency Management Agency in any official
line 11 maps published by the Federal Emergency Management Agency.
line 12 If a development proponent is able to satisfy all applicable federal
line 13 qualifying criteria in order to provide that the site satisfies this
line 14 subparagraph and is otherwise eligible for streamlined approval
line 15 under this section, a local government shall not deny the application
line 16 on the basis that the development proponent did not comply with
line 17 any additional permit requirement, standard, or action adopted by
line 18 that local government that is applicable to that site. A development
line 19 may be located on a site described in this subparagraph if either
line 20 of the following are met:
line 21 (i) The site has been subject to a Letter of Map Revision
line 22 prepared by the Federal Emergency Management Agency and
line 23 issued to the local jurisdiction.
line 24 (ii) The site meets Federal Emergency Management Agency
line 25 requirements necessary to meet minimum flood plain management
line 26 criteria of the National Flood Insurance Program pursuant to Part
line 27 59 (commencing with Section 59.1) and Part 60 (commencing
line 28 with Section 60.1) of Subchapter B of Chapter I of Title 44 of the
line 29 Code of Federal Regulations.
line 30 (G)
line 31 (K) Within a regulatory floodway as determined by the Federal
line 32 Emergency Management Agency in any official maps published
line 33 by the Federal Emergency Management Agency, unless the
line 34 development has received a no-rise certification in accordance
line 35 with Section 60.3(d)(3) of Title 44 of the Code of Federal
line 36 Regulations. If a development proponent is able to satisfy all
line 37 applicable federal qualifying criteria in order to provide that the
line 38 site satisfies this subparagraph and is otherwise eligible for
line 39 streamlined approval under this section, a local government shall
line 40 not deny the application on the basis that the development
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line 1 proponent did not comply with any additional permit requirement,
line 2 standard, or action adopted by that local government that is
line 3 applicable to that site.
line 4 (H)
line 5 (L) Lands identified for conservation in an adopted natural
line 6 community conservation plan pursuant to the Natural Community
line 7 Conservation Planning Act (Chapter 10 (commencing with Section
line 8 2800) of Division 3 of the Fish and Game Code), habitat
line 9 conservation plan pursuant to the federal Endangered Species Act
line 10 of 1973 (16 U.S.C. Sec. 1531 et seq.), or other adopted natural
line 11 resource protection plan.
line 12 (I)
line 13 (M) Habitat for protected species identified as candidate,
line 14 sensitive, or species of special status by state or federal agencies,
line 15 fully protected species, or species protected by the federal
line 16 Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.),
line 17 the California Endangered Species Act (Chapter 1.5 (commencing
line 18 with Section 2050) of Division 3 of the Fish and Game Code), or
line 19 the Native Plant Protection Act (Chapter 10 (commencing with
line 20 Section 1900) of Division 2 of the Fish and Game Code).
line 21 (J)
line 22 (N) Lands under conservation easement.
line 23 (7) The development is not located on a site where any of the
line 24 following apply:
line 25 (A) The development would require the demolition of the
line 26 following types of housing:
line 27 (i) Housing that is subject to a recorded covenant, ordinance,
line 28 or law that restricts rents to levels affordable to persons and
line 29 families of moderate, low, or very low income.
line 30 (ii) Housing that is subject to any form of rent or price control
line 31 through a public entity’s valid exercise of its police power.
line 32 (iii) Housing that has been occupied by tenants within the past
line 33 10 years.
line 34 (B) The site was previously used for housing that was occupied
line 35 by tenants that was demolished within 10 years before the
line 36 development proponent submits an application under this section.
line 37 (C) 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 (D) 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 owner
line 4 of the property.
line 5 (8) Except as provided in paragraph (9), a proponent of a
line 6 development project approved by a local government pursuant to
line 7 this section shall require in contracts with construction contractors,
line 8 and shall certify to the local government, that the following
line 9 standards specified in this paragraph will be met in project
line 10 construction, as applicable:
line 11 (A) A development that is not in its entirety a public work for
line 12 purposes of Chapter 1 (commencing with Section 1720) of Part 7
line 13 of Division 2 of the Labor Code and approved by a local
line 14 government pursuant to Article 2 (commencing with Section
line 15 65912.110) or Article 3 (commencing with Section 65912.120)
line 16 shall be subject to all of the following:
line 17 (i) All construction workers employed in the execution of the
line 18 development shall be paid at least the general prevailing rate of
line 19 per diem wages for the type of work and geographic area, as
line 20 determined by the Director of Industrial Relations pursuant to
line 21 Sections 1773 and 1773.9 of the Labor Code, except that
line 22 apprentices registered in programs approved by the Chief of the
line 23 Division of Apprenticeship Standards may be paid at least the
line 24 applicable apprentice prevailing rate.
line 25 (ii) The development proponent shall ensure that the prevailing
line 26 wage requirement is included in all contracts for the performance
line 27 of the work for those portions of the development that are not a
line 28 public work.
line 29 (iii) All contractors and subcontractors for those portions of the
line 30 development that are not a public work shall comply with both of
line 31 the following:
line 32 (I) Pay to all construction workers employed in the execution
line 33 of the work at least the general prevailing rate of per diem wages,
line 34 except that apprentices registered in programs approved by the
line 35 Chief of the Division of Apprenticeship Standards may be paid at
line 36 least the applicable apprentice prevailing rate.
line 37 (II) Maintain and verify payroll records pursuant to Section
line 38 1776 of the Labor Code and make those records available for
line 39 inspection and copying as provided in that section. This subclause
line 40 does not apply if all contractors and subcontractors performing
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line 1 work on the development are subject to a project labor agreement
line 2 that requires the payment of prevailing wages to all construction
line 3 workers employed in the execution of the development and
line 4 provides for enforcement of that obligation through an arbitration
line 5 procedure. For purposes of this subclause, “project labor
line 6 agreement” has the same meaning as set forth in paragraph (1) of
line 7 subdivision (b) of Section 2500 of the Public Contract Code.
line 8 (B) (i) The obligation of the contractors and subcontractors to
line 9 pay prevailing wages pursuant to this paragraph may be enforced
line 10 by any of the following:
line 11 (I) The Labor Commissioner through the issuance of a civil
line 12 wage and penalty assessment pursuant to Section 1741 of the Labor
line 13 Code, which may be reviewed pursuant to Section 1742 of the
line 14 Labor Code, within 18 months after the completion of the
line 15 development.
line 16 (II) An underpaid worker through an administrative complaint
line 17 or civil action.
line 18 (III) A joint labor-management committee through a civil action
line 19 under Section 1771.2 of the Labor Code.
line 20 (ii) If a civil wage and penalty assessment is issued pursuant to
line 21 this paragraph, the contractor, subcontractor, and surety on a bond
line 22 or bonds issued to secure the payment of wages covered by the
line 23 assessment shall be liable for liquidated damages pursuant to
line 24 Section 1742.1 of the Labor Code.
line 25 (iii) This paragraph does not apply if all contractors and
line 26 subcontractors performing work on the development are subject
line 27 to a project labor agreement that requires the payment of prevailing
line 28 wages to all construction workers employed in the execution of
line 29 the development and provides for enforcement of that obligation
line 30 through an arbitration procedure. For purposes of this clause,
line 31 “project labor agreement” has the same meaning as set forth in
line 32 paragraph (1) of subdivision (b) of Section 2500 of the Public
line 33 Contract Code.
line 34 (C) Notwithstanding subdivision (c) of Section 1773.1 of the
line 35 Labor Code, the requirement that employer payments not reduce
line 36 the obligation to pay the hourly straight time or overtime wages
line 37 found to be prevailing does not apply to those portions of
line 38 development that are not a public work if otherwise provided in a
line 39 bona fide collective bargaining agreement covering the worker.
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SB 423 — 17 —
line 1 (D) The requirement of this paragraph to pay at least the general
line 2 prevailing rate of per diem wages does not preclude use of an
line 3 alternative workweek schedule adopted pursuant to Section 511
line 4 or 514 of the Labor Code.
line 5 (E) A development of 50 or more housing units approved by a
line 6 local government pursuant to this section shall meet all of the
line 7 following labor standards:
line 8 (i) The development proponent shall require in contracts with
line 9 construction contractors and shall certify to the local government
line 10 that each contractor of any tier who will employ construction craft
line 11 employees or will let subcontracts for at least 1,000 hours shall
line 12 satisfy the requirements in clauses (ii) and (iii). A construction
line 13 contractor is deemed in compliance with clauses (ii) and (iii) if it
line 14 is signatory to a valid collective bargaining agreement that requires
line 15 utilization of registered apprentices and expenditures on health
line 16 care for employees and dependents.
line 17 (ii) A contractor with construction craft employees shall either
line 18 participate in an apprenticeship program approved by the California
line 19 Division of Apprenticeship Standards pursuant to Section 3075 of
line 20 the Labor Code, or request the dispatch of apprentices from a
line 21 state-approved apprenticeship program under the terms and
line 22 conditions set forth in Section 1777.5 of the Labor Code. A
line 23 contractor without construction craft employees shall show a
line 24 contractual obligation that its subcontractors comply with this
line 25 clause.
line 26 (iii) Each contractor with construction craft employees shall
line 27 make health care expenditures for each employee in an amount
line 28 per hour worked on the development equivalent to at least the
line 29 hourly pro rata cost of a Covered California Platinum level plan
line 30 for two adults 40 years of age and two dependents 0 to 14 years
line 31 of age for the Covered California rating area in which the
line 32 development is located. A contractor without construction craft
line 33 employees shall show a contractual obligation that its
line 34 subcontractors comply with this clause. Qualifying expenditures
line 35 shall be credited toward compliance with prevailing wage payment
line 36 requirements set forth in this paragraph.
line 37 (iv) (I) The development proponent shall provide to the local
line 38 government, on a monthly basis while its construction contracts
line 39 on the development are being performed, a report demonstrating
line 40 compliance with clauses (ii) and (iii). The reports shall be
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line 1 considered public records under the California Public Records Act
line 2 (Division 10 (commencing with Section 7920.000) of Title 1), and
line 3 shall be open to public inspection.
line 4 (II) A development proponent that fails to provide the monthly
line 5 report shall be subject to a civil penalty for each month for which
line 6 the report has not been provided, in the amount of 10 percent of
line 7 the dollar value of construction work performed by that contractor
line 8 on the development in the month in question, up to a maximum
line 9 of ten thousand dollars ($10,000). Any contractor or subcontractor
line 10 that fails to comply with clauses (ii) and (iii) shall be subject to a
line 11 civil penalty of two hundred dollars ($200) per day for each worker
line 12 employed in contravention of clauses (ii) and (iii).
line 13 (III) Penalties may be assessed by the Labor Commissioner
line 14 within 18 months of completion of the development using the
line 15 procedures for issuance of civil wage and penalty assessments
line 16 specified in Section 1741 of the Labor Code, and may be reviewed
line 17 pursuant to Section 1742 of the Labor Code. Penalties shall be
line 18 deposited in the State Public Works Enforcement Fund established
line 19 pursuant to Section 1771.3 of the Labor Code.
line 20 (v) Each construction contractor shall maintain and verify
line 21 payroll records pursuant to Section 1776 of the Labor Code. Each
line 22 construction contractor shall submit payroll records directly to the
line 23 Labor Commissioner at least monthly in a format prescribed by
line 24 the Labor Commissioner in accordance with subparagraph (A) of
line 25 paragraph (3) of subdivision (a) of Section 1771.4 of the Labor
line 26 Code. The records shall include a statement of fringe benefits.
line 27 Upon request by a joint labor-management cooperation committee
line 28 established pursuant to the federal Labor Management Cooperation
line 29 Act of 1978 (29 U.S.C. Sec. 175a), the records shall be provided
line 30 pursuant to subdivision (e) of Section 1776 of the Labor Code.
line 31 (vi) All construction contractors shall report any change in
line 32 apprenticeship program participation or health care expenditures
line 33 to the local government within 10 business days, and shall reflect
line 34 those changes on the monthly report. The reports shall be
line 35 considered public records pursuant to the California Public Records
line 36 Act (Division 10 (commencing with Section 7920.000) of Title 1)
line 37 and shall be open to public inspection.
line 38 (vii) A joint labor-management cooperation committee
line 39 established pursuant to the federal Labor Management Cooperation
line 40 Act of 1978 (29 U.S.C. Sec. 175a) shall have standing to sue a
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SB 423 — 19 —
line 1 construction contractor for failure to make health care expenditures
line 2 pursuant to clause (iii) in accordance with Section 218.7 or 218.8
line 3 of the Labor Code.
line 4 (F) For any project having floors used for human occupancy
line 5 that are located more than over 85 feet above the grade plane, in
line 6 height above grade, the following skilled and trained workforce
line 7 provisions apply:
line 8 (i) Except as provided in clause (ii), the developer shall enter
line 9 into construction contracts with prime contractors only if all of the
line 10 following are satisfied:
line 11 (I) The contract contains an enforceable commitment that the
line 12 prime contractor and subcontractors at every tier will use a skilled
line 13 and trained workforce, as defined in Section 2601 of the Public
line 14 Contract Code, to perform work on the project that falls within an
line 15 apprenticeable occupation in the building and construction trades.
line 16 However, this enforceable commitment requirement shall not apply
line 17 to any scopes of work where new bids are accepted pursuant to
line 18 subclause (I) of clause (ii).
line 19 (II) The developer or prime contractor shall establish minimum
line 20 bidding requirements for subcontractors that are objective to the
line 21 maximum extent possible. The developer or prime contractor shall
line 22 not impose any obstacles in the bid process for subcontractors that
line 23 go beyond what is reasonable and commercially customary. The
line 24 developer or prime contractor must accept bids submitted by any
line 25 bidder that meets the minimum criteria set forth in the bid
line 26 solicitation.
line 27 (III) The prime contractor has provided an affidavit under
line 28 penalty of perjury that, in compliance with this subparagraph, it
line 29 will use a skilled and trained workforce and will obtain from its
line 30 subcontractors an enforceable commitment to use a skilled and
line 31 trained workforce for each scope of work in which it receives at
line 32 least three bids attesting to satisfaction of the skilled and trained
line 33 workforce requirements.
line 34 (IV) When a prime contractor or subcontractor is required to
line 35 provide an enforceable commitment that a skilled and trained
line 36 workforce will be used to complete a contract or project, the
line 37 commitment shall be made in an enforceable agreement with the
line 38 developer that provides the following:
line 39 (ia) The prime contractor and subcontractors at every tier will
line 40 comply with this chapter.
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line 1 (ib) The prime contractor will provide the developer, on a
line 2 monthly basis while the project or contract is being performed, a
line 3 report demonstrating compliance by the prime contractor.
line 4 (ic) The prime contractor shall provide the developer, on a
line 5 monthly basis while the project or contract is being performed,
line 6 the monthly reports demonstrating compliance submitted to the
line 7 prime contractor by the affected subcontractors.
line 8 (ii) (I) If a prime contractor fails to receive at least three bids
line 9 in a scope of construction work from subcontractors that attest to
line 10 satisfying the skilled and trained workforce requirements as
line 11 described in this subparagraph, the prime contractor may accept
line 12 new bids for that scope of work. The prime contractor need not
line 13 require that a skilled and trained workforce be used by the
line 14 subcontractors for that scope of work.
line 15 (II) The requirements of this subparagraph shall not apply if all
line 16 contractors, subcontractors, and craft unions performing work on
line 17 the development are subject to a multicraft project labor agreement
line 18 that requires the payment of prevailing wages to all construction
line 19 workers employed in the execution of the development and
line 20 provides for enforcement of that obligation through an arbitration
line 21 procedure. The multicraft project labor agreement shall include
line 22 all construction crafts with applicable coverage determinations for
line 23 the specified scopes of work on the project pursuant to Section
line 24 1773 of the Labor Code and shall be executed by all applicable
line 25 labor organizations regardless of affiliation. For purposes of this
line 26 clause, “project labor agreement” means a prehire collective
line 27 bargaining agreement that establishes terms and conditions of
line 28 employment for a specific construction project or projects and is
line 29 an agreement described in Section 158(f) of Title 29 of the United
line 30 States Code.
line 31 (III) Requirements set forth in this subparagraph shall not apply
line 32 to projects where 100 percent of the units, exclusive of a manager’s
line 33 unit or units, are dedicated to lower income households, as defined
line 34 by Section 50079.5 of the Health and Safety Code.
line 35 (iii) If the skilled and trained workforce requirements of this
line 36 subparagraph apply, the prime contractor shall require
line 37 subcontractors to provide, and subcontractors on the project shall
line 38 provide, the following to the prime contractor:
line 39 (I) An affidavit signed under penalty of perjury that a skilled
line 40 and trained workforce shall be employed on the project.
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SB 423 — 21 —
line 1 (II) Reports on a monthly basis, while the project or contract is
line 2 being performed, demonstrating compliance with this chapter.
line 3 (iv) Upon issuing any invitation or bid solicitation for the
line 4 project, but no less than seven days before the bid is due, the
line 5 developer shall send a notice of the invitation or solicitation that
line 6 describes the project to the following entities within the jurisdiction
line 7 of the proposed project site:
line 8 (I) Any bona fide labor organization representing workers in
line 9 the building and construction trades who may perform work
line 10 necessary to complete the project and the local building and
line 11 construction trades council.
line 12 (II) Any organization representing contractors that may perform
line 13 work necessary to complete the project, including any contractors’
line 14 association or regional builders’ exchange.
line 15 (v) The developer or prime contractor shall, within three
line 16 business days of a request by a joint labor-management cooperation
line 17 committee established pursuant to the federal Labor Management
line 18 Cooperation 8 Act of 1978 (29 U.S.C. Sec. 175a), provide all of
line 19 the following:
line 20 (I) The names and Contractors State License Board numbers of
line 21 the prime contractor and any subcontractors that submitted a
line 22 proposal or bid for the development project.
line 23 (II) The names and Contractors State License Board numbers
line 24 of contractors and subcontractors that are under contract to perform
line 25 construction work.
line 26 (vi) (I) For all projects subject to this subparagraph, the
line 27 development proponent shall provide to the locality, on a monthly
line 28 basis while the project or contract is being performed, a report
line 29 demonstrating that the self-performing prime contractor and all
line 30 subcontractors used a skilled and trained workforce, as defined in
line 31 Section 2601 of the Public Contract Code, unless otherwise exempt
line 32 under this subparagraph. A monthly report provided to the locality
line 33 pursuant to this subclause shall be a public record under the
line 34 California Public Records Act Division 10 (commencing with
line 35 Section 7920.000) of Title 1 and shall be open to public inspection.
line 36 A developer that fails to provide a complete monthly report shall
line 37 be subject to a civil penalty of 10 percent of the dollar value of
line 38 construction work performed by that contractor on the project in
line 39 the month in question, up to a maximum of ten thousand dollars
94
— 22 — SB 423
line 1 ($10,000) per month for each month for which the report has not
line 2 been provided.
line 3 (II) Any subcontractors or prime contractor self-performing
line 4 work subject to the skilled and trained workforce requirements
line 5 under this subparagraph that fail to use a skilled and trained
line 6 workforce shall be subject to a civil penalty of two hundred dollars
line 7 ($200) per day for each worker employed in contravention of the
line 8 skilled and trained workforce requirement. Penalties may be
line 9 assessed by the Labor Commissioner within 18 months of
line 10 completion of the project using the same issuance of civil wage
line 11 and penalty assessments pursuant to Section 1741 of the Labor
line 12 Code and may be reviewed pursuant to the same procedures in
line 13 Section 1742 of the Labor Code. Prime contractors shall not be
line 14 jointly liable for violations of this subparagraph by subcontractors.
line 15 Penalties shall be paid to the State Public Works Enforcement
line 16 Fund or the locality or its labor standards enforcement agency,
line 17 depending on the lead entity performing the enforcement work.
line 18 (III) Any provision of a contract or agreement of any kind
line 19 between a developer and a prime contractor that purports to
line 20 delegate, transfer, or assign to a prime contractor any obligations
line 21 of or penalties incurred by a developer shall be deemed contrary
line 22 to public policy and shall be void and unenforceable.
line 23 (G) A locality, and any labor standards enforcement agency the
line 24 locality lawfully maintains, shall have standing to take
line 25 administrative action or sue a construction contractor for failure
line 26 to comply with this paragraph. A prevailing locality or labor
line 27 standards enforcement agency shall distribute any wages and
line 28 penalties to workers in accordance with law and retain any fees,
line 29 additional penalties, or assessments.
line 30 (9) Notwithstanding paragraph (8), a development that is subject
line 31 to approval pursuant to this section is exempt from any requirement
line 32 to pay prevailing wages, use a workforce participating in an
line 33 apprenticeship, or provide health care expenditures if it satisfies
line 34 both of the following:
line 35 (A) The project consists of 10 or fewer units.
line 36 (B) The project is not a public work for purposes of Chapter 1
line 37 (commencing with Section 1720) of Part 7 of Division 2 of the
line 38 Labor Code.
line 39 (10) The development shall not be upon an existing parcel of
line 40 land or site that is governed under the Mobilehome Residency Law
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SB 423 — 23 —
line 1 (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2
line 2 of Division 2 of the Civil Code), the Recreational Vehicle Park
line 3 Occupancy Law (Chapter 2.6 (commencing with Section 799.20)
line 4 of Title 2 of Part 2 of Division 2 of the Civil Code), the
line 5 Mobilehome Parks Act (Part 2.1 (commencing with Section 18200)
line 6 of Division 13 of the Health and Safety Code), or the Special
line 7 Occupancy Parks Act (Part 2.3 (commencing with Section 18860)
line 8 of Division 13 of the Health and Safety Code).
line 9 (b) (1) (A) (i) Before submitting an application for a
line 10 development subject to the streamlined, ministerial approval
line 11 process described in subdivision (c), the development proponent
line 12 shall submit to the local government a notice of its intent to submit
line 13 an application. The notice of intent shall be in the form of a
line 14 preliminary application that includes all of the information
line 15 described in Section 65941.1, as that section read on January 1,
line 16 2020.
line 17 (ii) Upon receipt of a notice of intent to submit an application
line 18 described in clause (i), the local government shall engage in a
line 19 scoping consultation regarding the proposed development with
line 20 any California Native American tribe that is traditionally and
line 21 culturally affiliated with the geographic area, as described in
line 22 Section 21080.3.1 of the Public Resources Code, of the proposed
line 23 development. In order to expedite compliance with this subdivision,
line 24 the local government shall contact the Native American Heritage
line 25 Commission for assistance in identifying any California Native
line 26 American tribe that is traditionally and culturally affiliated with
line 27 the geographic area of the proposed development.
line 28 (iii) The timeline for noticing and commencing a scoping
line 29 consultation in accordance with this subdivision shall be as follows:
line 30 (I) The local government shall provide a formal notice of a
line 31 development proponent’s notice of intent to submit an application
line 32 described in clause (i) to each California Native American tribe
line 33 that is traditionally and culturally affiliated with the geographic
line 34 area of the proposed development within 30 days of receiving that
line 35 notice of intent. The formal notice provided pursuant to this
line 36 subclause shall include all of the following:
line 37 (ia) A description of the proposed development.
line 38 (ib) The location of the proposed development.
line 39 (ic) An invitation to engage in a scoping consultation in
line 40 accordance with this subdivision.
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line 1 (II) Each California Native American tribe that receives a formal
line 2 notice pursuant to this clause shall have 30 days from the receipt
line 3 of that notice to accept the invitation to engage in a scoping
line 4 consultation.
line 5 (III) If the local government receives a response accepting an
line 6 invitation to engage in a scoping consultation pursuant to this
line 7 subdivision, the local government shall commence the scoping
line 8 consultation within 30 days of receiving that response.
line 9 (B) The scoping consultation shall recognize that California
line 10 Native American tribes traditionally and culturally affiliated with
line 11 a geographic area have knowledge and expertise concerning the
line 12 resources at issue and shall take into account the cultural
line 13 significance of the resource to the culturally affiliated California
line 14 Native American tribe.
line 15 (C) The parties to a scoping consultation conducted pursuant
line 16 to this subdivision shall be the local government and any California
line 17 Native American tribe traditionally and culturally affiliated with
line 18 the geographic area of the proposed development. More than one
line 19 California Native American tribe traditionally and culturally
line 20 affiliated with the geographic area of the proposed development
line 21 may participate in the scoping consultation. However, the local
line 22 government, upon the request of any California Native American
line 23 tribe traditionally and culturally affiliated with the geographic area
line 24 of the proposed development, shall engage in a separate scoping
line 25 consultation with that California Native American tribe. The
line 26 development proponent and its consultants may participate in a
line 27 scoping consultation process conducted pursuant to this subdivision
line 28 if all of the following conditions are met:
line 29 (i) The development proponent and its consultants agree to
line 30 respect the principles set forth in this subdivision.
line 31 (ii) The development proponent and its consultants engage in
line 32 the scoping consultation in good faith.
line 33 (iii) The California Native American tribe participating in the
line 34 scoping consultation approves the participation of the development
line 35 proponent and its consultants. The California Native American
line 36 tribe may rescind its approval at any time during the scoping
line 37 consultation, either for the duration of the scoping consultation or
line 38 with respect to any particular meeting or discussion held as part
line 39 of the scoping consultation.
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line 1 (D) The participants to a scoping consultation pursuant to this
line 2 subdivision shall comply with all of the following confidentiality
line 3 requirements:
line 4 (i) Section 7927.000.
line 5 (ii) Section 7927.005.
line 6 (iii) Subdivision (c) of Section 21082.3 of the Public Resources
line 7 Code.
line 8 (iv) Subdivision (d) of Section 15120 of Title 14 of the
line 9 California Code of Regulations.
line 10 (v) Any additional confidentiality standards adopted by the
line 11 California Native American tribe participating in the scoping
line 12 consultation.
line 13 (E) The California Environmental Quality Act (Division 13
line 14 (commencing with Section 21000) of the Public Resources Code)
line 15 shall not apply to a scoping consultation conducted pursuant to
line 16 this subdivision.
line 17 (2) (A) If, after concluding the scoping consultation, the parties
line 18 find that no potential tribal cultural resource would be affected by
line 19 the proposed development, the development proponent may submit
line 20 an application for the proposed development that is subject to the
line 21 streamlined, ministerial approval process described in subdivision
line 22 (c).
line 23 (B) If, after concluding the scoping consultation, the parties
line 24 find that a potential tribal cultural resource could be affected by
line 25 the proposed development and an enforceable agreement is
line 26 documented between the California Native American tribe and the
line 27 local government on methods, measures, and conditions for tribal
line 28 cultural resource treatment, the development proponent may submit
line 29 the application for a development subject to the streamlined,
line 30 ministerial approval process described in subdivision (c). The local
line 31 government shall ensure that the enforceable agreement is included
line 32 in the requirements and conditions for the proposed development.
line 33 (C) If, after concluding the scoping consultation, the parties
line 34 find that a potential tribal cultural resource could be affected by
line 35 the proposed development and an enforceable agreement is not
line 36 documented between the California Native American tribe and the
line 37 local government regarding methods, measures, and conditions
line 38 for tribal cultural resource treatment, the development shall not
line 39 be eligible for the streamlined, ministerial approval process
line 40 described in subdivision (c).
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line 1 (D) For purposes of this paragraph, a scoping consultation shall
line 2 be deemed to be concluded if either of the following occur:
line 3 (i) The parties to the scoping consultation document an
line 4 enforceable agreement concerning methods, measures, and
line 5 conditions to avoid or address potential impacts to tribal cultural
line 6 resources that are or may be present.
line 7 (ii) One or more parties to the scoping consultation, acting in
line 8 good faith and after reasonable effort, conclude that a mutual
line 9 agreement on methods, measures, and conditions to avoid or
line 10 address impacts to tribal cultural resources that are or may be
line 11 present cannot be reached.
line 12 (E) If the development or environmental setting substantially
line 13 changes after the completion of the scoping consultation, the local
line 14 government shall notify the California Native American tribe of
line 15 the changes and engage in a subsequent scoping consultation if
line 16 requested by the California Native American tribe.
line 17 (3) A local government may only accept an application for
line 18 streamlined, ministerial approval pursuant to this section if one of
line 19 the following applies:
line 20 (A) A California Native American tribe that received a formal
line 21 notice of the development proponent’s notice of intent to submit
line 22 an application pursuant to subclause (I) of clause (iii) of
line 23 subparagraph (A) of paragraph (1) did not accept the invitation to
line 24 engage in a scoping consultation.
line 25 (B) The California Native American tribe accepted an invitation
line 26 to engage in a scoping consultation pursuant to subclause (II) of
line 27 clause (iii) of subparagraph (A) of paragraph (1) but substantially
line 28 failed to engage in the scoping consultation after repeated
line 29 documented attempts by the local government to engage the
line 30 California Native American tribe.
line 31 (C) The parties to a scoping consultation pursuant to this
line 32 subdivision find that no potential tribal cultural resource will be
line 33 affected by the proposed development pursuant to subparagraph
line 34 (A) of paragraph (2).
line 35 (D) A scoping consultation between a California Native
line 36 American tribe and the local government has occurred in
line 37 accordance with this subdivision and resulted in agreement
line 38 pursuant to subparagraph (B) of paragraph (2).
line 39 (4) A project shall not be eligible for the streamlined, ministerial
line 40 process described in subdivision (c) if any of the following apply:
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line 1 (A) There is a tribal cultural resource that is on a national, state,
line 2 tribal, or local historic register list located on the site of the project.
line 3 (B) There is a potential tribal cultural resource that could be
line 4 affected by the proposed development and the parties to a scoping
line 5 consultation conducted pursuant to this subdivision do not
line 6 document an enforceable agreement on methods, measures, and
line 7 conditions for tribal cultural resource treatment, as described in
line 8 subparagraph (C) of paragraph (2).
line 9 (C) The parties to a scoping consultation conducted pursuant
line 10 to this subdivision do not agree as to whether a potential tribal
line 11 cultural resource will be affected by the proposed development.
line 12 (5) (A) If, after a scoping consultation conducted pursuant to
line 13 this subdivision, a project is not eligible for the streamlined,
line 14 ministerial process described in subdivision (c) for any or all of
line 15 the following reasons, the local government shall provide written
line 16 documentation of that fact, and an explanation of the reason for
line 17 which the project is not eligible, to the development proponent
line 18 and to any California Native American tribe that is a party to that
line 19 scoping consultation:
line 20 (i) There is a tribal cultural resource that is on a national, state,
line 21 tribal, or local historic register list located on the site of the project,
line 22 as described in subparagraph (A) of paragraph (4).
line 23 (ii) The parties to the scoping consultation have not documented
line 24 an enforceable agreement on methods, measures, and conditions
line 25 for tribal cultural resource treatment, as described in subparagraph
line 26 (C) of paragraph (2) and subparagraph (B) of paragraph (4).
line 27 (iii) The parties to the scoping consultation do not agree as to
line 28 whether a potential tribal cultural resource will be affected by the
line 29 proposed development, as described in subparagraph (C) of
line 30 paragraph (4).
line 31 (B) The written documentation provided to a development
line 32 proponent pursuant to this paragraph shall include information on
line 33 how the development proponent may seek a conditional use permit
line 34 or other discretionary approval of the development from the local
line 35 government.
line 36 (6) This section is not intended, and shall not be construed, to
line 37 limit consultation and discussion between a local government and
line 38 a California Native American tribe pursuant to other applicable
line 39 law, confidentiality provisions under other applicable law, the
line 40 protection of religious exercise to the fullest extent permitted under
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line 1 state and federal law, or the ability of a California Native American
line 2 tribe to submit information to the local government or participate
line 3 in any process of the local government.
line 4 (7) For purposes of this subdivision:
line 5 (A) “Consultation” means the meaningful and timely process
line 6 of seeking, discussing, and considering carefully the views of
line 7 others, in a manner that is cognizant of all parties’ cultural values
line 8 and, where feasible, seeking agreement. Consultation between
line 9 local governments and Native American tribes shall be conducted
line 10 in a way that is mutually respectful of each party’s sovereignty.
line 11 Consultation shall also recognize the tribes’ potential needs for
line 12 confidentiality with respect to places that have traditional tribal
line 13 cultural importance. A lead agency shall consult the tribal
line 14 consultation best practices described in the “State of California
line 15 Tribal Consultation Guidelines: Supplement to the General Plan
line 16 Guidelines” prepared by the Office of Planning and Research.
line 17 (B) “Scoping” means the act of participating in early discussions
line 18 or investigations between the local government and California
line 19 Native American tribe, and the development proponent if
line 20 authorized by the California Native American tribe, regarding the
line 21 potential effects a proposed development could have on a potential
line 22 tribal cultural resource, as defined in Section 21074 of the Public
line 23 Resources Code, or California Native American tribe, as defined
line 24 in Section 21073 of the Public Resources Code.
line 25 (8) This subdivision shall not apply to any project that has been
line 26 approved under the streamlined, ministerial approval process
line 27 provided under this section before the effective date of the act
line 28 adding this subdivision.
line 29 (c) (1) Notwithstanding any local law, if a local government’s
line 30 planning director or equivalent position determines that a
line 31 development submitted pursuant to this section is consistent with
line 32 the objective planning standards specified in subdivision (a) and
line 33 pursuant to paragraph (3) of this subdivision, the local government
line 34 shall approve the development. Upon a determination that a
line 35 development submitted pursuant to this section is in conflict with
line 36 any of the objective planning standards specified in subdivision
line 37 (a), the local government staff or relevant local planning and
line 38 permitting department that made the determination shall provide
line 39 the development proponent written documentation of which
line 40 standard or standards the development conflicts with, and an
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line 1 explanation for the reason or reasons the development conflicts
line 2 with that standard or standards, as follows:
line 3 (A) Within 60 days of submittal of the development to the local
line 4 government pursuant to this section if the development contains
line 5 150 or fewer housing units.
line 6 (B) Within 90 days of submittal of the development to the local
line 7 government pursuant to this section if the development contains
line 8 more than 150 housing units.
line 9 (2) If the local government’s planning director or equivalent
line 10 position fails to provide the required documentation pursuant to
line 11 paragraph (1), the development shall be deemed to satisfy the
line 12 objective planning standards specified in subdivision (a).
line 13 (3) For purposes of this section, a development is consistent
line 14 with the objective planning standards specified in subdivision (a)
line 15 if there is substantial evidence that would allow a reasonable person
line 16 to conclude that the development is consistent with the objective
line 17 planning standards. The local government shall not determine that
line 18 a development, including an application for a modification under
line 19 subdivision (h), is in conflict with the objective planning standards
line 20 on the basis that application materials are not included, if the
line 21 application contains substantial evidence that would allow a
line 22 reasonable person to conclude that the development is consistent
line 23 with the objective planning standards.
line 24 (4) Upon submittal of an application for streamlined, ministerial
line 25 approval pursuant to this section to the local government, all
line 26 departments of the local government that are required to issue an
line 27 approval of the development prior to the granting of an entitlement
line 28 shall comply with the requirements of this section within the time
line 29 periods specified in paragraph (1).
line 30 (d) (1) Any design review of the development may be conducted
line 31 by the local government’s planning commission or any equivalent
line 32 board or commission responsible for design review. That design
line 33 review shall be objective and be strictly focused on assessing
line 34 compliance with criteria required for streamlined projects, as well
line 35 as any reasonable objective design standards published and adopted
line 36 by ordinance or resolution by a local jurisdiction before submission
line 37 of a development application, and shall be broadly applicable to
line 38 development within the jurisdiction. That design review shall be
line 39 completed, and if the development is consistent with all objective
line 40 standards, the local government shall approve the development as
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line 1 follows and shall not in any way inhibit, chill, or preclude the
line 2 ministerial approval provided by this section or its effect, as
line 3 applicable:
line 4 (A) Within 90 days of submittal of the development to the local
line 5 government pursuant to this section if the development contains
line 6 150 or fewer housing units.
line 7 (B) Within 180 days of submittal of the development to the
line 8 local government pursuant to this section if the development
line 9 contains more than 150 housing units.
line 10 (2) If the development is consistent with the requirements of
line 11 subparagraph (A) or (B) of paragraph (9) of subdivision (a) and
line 12 is consistent with all objective subdivision standards in the local
line 13 subdivision ordinance, an application for a subdivision pursuant
line 14 to the Subdivision Map Act (Division 2 (commencing with Section
line 15 66410)) shall be exempt from the requirements of the California
line 16 Environmental Quality Act (Division 13 (commencing with Section
line 17 21000) of the Public Resources Code) and shall be subject to the
line 18 public oversight timelines set forth in paragraph (1).
line 19 (3) If a local government determines that a development
line 20 submitted pursuant to this section is in conflict with any of the
line 21 standards imposed pursuant to paragraph (1), it shall provide the
line 22 development proponent written documentation of which objective
line 23 standard or standards the development conflicts with, and an
line 24 explanation for the reason or reasons the development conflicts
line 25 with that objective standard or standards consistent with the
line 26 timelines described in paragraph (1) of subdivision (c).
line 27 (e) (1) Notwithstanding any other law, a local government,
line 28 whether or not it has adopted an ordinance governing automobile
line 29 parking requirements in multifamily developments, shall not
line 30 impose automobile parking standards for a streamlined
line 31 development that was approved pursuant to this section in any of
line 32 the following instances:
line 33 (A) The development is located within one-half mile of public
line 34 transit.
line 35 (B) The development is located within an architecturally and
line 36 historically significant historic district.
line 37 (C) When on-street parking permits are required but not offered
line 38 to the occupants of the development.
line 39 (D) When there is a car share vehicle located within one block
line 40 of the development.
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line 1 (2) If the development does not fall within any of the categories
line 2 described in paragraph (1), the local government shall not impose
line 3 automobile parking requirements for streamlined developments
line 4 approved pursuant to this section that exceed one parking space
line 5 per unit.
line 6 (f) Notwithstanding any law, a local government shall not
line 7 require any of the following prior to approving a development that
line 8 meets the requirements of this section:
line 9 (1) Studies, information, or other materials that do not pertain
line 10 directly to determining whether the development is consistent with
line 11 the objective planning standards applicable to the development.
line 12 (2) (A) Compliance with any standards necessary to receive a
line 13 postentitlement permit.
line 14 (B) This paragraph does not prohibit a local agency from
line 15 requiring compliance with any standards necessary to receive a
line 16 postentitlement permit after a permit has been issued pursuant to
line 17 this section.
line 18 (C) For purposes of this paragraph, “postentitlement permit”
line 19 has the same meaning as provided in subparagraph (A) of
line 20 paragraph (3) of subdivision (j) of Section 65913.3.
line 21 (g) (1) If a local government approves a development pursuant
line 22 to this section, then, notwithstanding any other law, that approval
line 23 shall not expire if the project satisfies both of the following
line 24 requirements:
line 25 (A) The project includes public investment in housing
line 26 affordability, beyond tax credits.
line 27 (B) At least 50 percent of the units are affordable to households
line 28 making at or below 80 percent of the area median income.
line 29 (2) (A) If a local government approves a development pursuant
line 30 to this section, and the project does not satisfy the requirements
line 31 of subparagraphs (A) and (B) of paragraph (1), that approval shall
line 32 remain valid for three years from the date of the final action
line 33 establishing that approval, or if litigation is filed challenging that
line 34 approval, from the date of the final judgment upholding that
line 35 approval. Approval shall remain valid for a project provided
line 36 construction activity, including demolition and grading activity,
line 37 on the development site has begun pursuant to a permit issued by
line 38 the local jurisdiction and is in progress. For purposes of this
line 39 subdivision, “in progress” means one of the following:
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line 1 (i) The construction has begun and has not ceased for more than
line 2 180 days.
line 3 (ii) If the development requires multiple building permits, an
line 4 initial phase has been completed, and the project proponent has
line 5 applied for and is diligently pursuing a building permit for a
line 6 subsequent phase, provided that once it has been issued, the
line 7 building permit for the subsequent phase does not lapse.
line 8 (B) Notwithstanding subparagraph (A), a local government may
line 9 grant a project a one-time, one-year extension if the project
line 10 proponent can provide documentation that there has been
line 11 significant progress toward getting the development construction
line 12 ready, such as filing a building permit application.
line 13 (3) If the development proponent requests a modification
line 14 pursuant to subdivision (h), then the time during which the approval
line 15 shall remain valid shall be extended for the number of days
line 16 between the submittal of a modification request and the date of its
line 17 final approval, plus an additional 180 days to allow time to obtain
line 18 a building permit. If litigation is filed relating to the modification
line 19 request, the time shall be further extended during the pendency of
line 20 the litigation. The extension required by this paragraph shall only
line 21 apply to the first request for a modification submitted by the
line 22 development proponent.
line 23 (4) The amendments made to this subdivision by the act that
line 24 added this paragraph shall also be retroactively applied to
line 25 developments approved prior to January 1, 2022.
line 26 (h) (1) (A) A development proponent may request a
line 27 modification to a development that has been approved under the
line 28 streamlined, ministerial approval process provided in subdivision
line 29 (c) if that request is submitted to the local government before the
line 30 issuance of the final building permit required for construction of
line 31 the development.
line 32 (B) Except as provided in paragraph (3), the local government
line 33 shall approve a modification if it determines that the modification
line 34 is consistent with the objective planning standards specified in
line 35 subdivision (a) that were in effect when the original development
line 36 application was first submitted.
line 37 (C) The local government shall evaluate any modifications
line 38 requested pursuant to this subdivision for consistency with the
line 39 objective planning standards using the same assumptions and
line 40 analytical methodology that the local government originally used
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line 1 to assess consistency for the development that was approved for
line 2 streamlined, ministerial approval pursuant to subdivision (c).
line 3 (D) A guideline that was adopted or amended by the department
line 4 pursuant to subdivision (n) after a development was approved
line 5 through the streamlined, ministerial approval process described in
line 6 subdivision (c) shall not be used as a basis to deny proposed
line 7 modifications.
line 8 (2) Upon receipt of the development proponent’s application
line 9 requesting a modification, the local government shall determine
line 10 if the requested modification is consistent with the objective
line 11 planning standard and either approve or deny the modification
line 12 request within 60 days after submission of the modification, or
line 13 within 90 days if design review is required.
line 14 (3) Notwithstanding paragraph (1), the local government may
line 15 apply objective planning standards adopted after the development
line 16 application was first submitted to the requested modification in
line 17 any of the following instances:
line 18 (A) The development is revised such that the total number of
line 19 residential units or total square footage of construction changes
line 20 by 15 percent or more. The calculation of the square footage of
line 21 construction changes shall not include underground space.
line 22 (B) The development is revised such that the total number of
line 23 residential units or total square footage of construction changes
line 24 by 5 percent or more and it is necessary to subject the development
line 25 to an objective standard beyond those in effect when the
line 26 development application was submitted in order to mitigate or
line 27 avoid a specific, adverse impact, as that term is defined in
line 28 subparagraph (A) of paragraph (1) of subdivision (j) of Section
line 29 65589.5, upon the public health or safety and there is no feasible
line 30 alternative method to satisfactorily mitigate or avoid the adverse
line 31 impact. The calculation of the square footage of construction
line 32 changes shall not include underground space.
line 33 (C) (i) Objective building standards contained in the California
line 34 Building Standards Code (Title 24 of the California Code of
line 35 Regulations), including, but not limited to, building plumbing,
line 36 electrical, fire, and grading codes, may be applied to all
line 37 modification applications that are submitted prior to the first
line 38 building permit application. Those standards may be applied to
line 39 modification applications submitted after the first building permit
line 40 application if agreed to by the development proponent.
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line 1 (ii) The amendments made to clause (i) by the act that added
line 2 clause (i) shall also be retroactively applied to modification
line 3 applications submitted prior to January 1, 2022.
line 4 (4) The local government’s review of a modification request
line 5 pursuant to this subdivision shall be strictly limited to determining
line 6 whether the modification, including any modification to previously
line 7 approved density bonus concessions or waivers, modify the
line 8 development’s consistency with the objective planning standards
line 9 and shall not reconsider prior determinations that are not affected
line 10 by the modification.
line 11 (i) (1) A local government shall not adopt or impose any
line 12 requirement, including, but not limited to, increased fees or
line 13 inclusionary housing requirements, that applies to a project solely
line 14 or partially on the basis that the project is eligible to receive
line 15 ministerial or streamlined approval pursuant to this section.
line 16 (2) (A) A local government shall issue a subsequent permit
line 17 required for a development approved under this section if the
line 18 application substantially complies with the development as it was
line 19 approved pursuant to subdivision (c). Upon receipt of an
line 20 application for a subsequent permit, the local government shall
line 21 process the permit without unreasonable delay and shall not impose
line 22 any procedure or requirement that is not imposed on projects that
line 23 are not approved pursuant to this section. The local government
line 24 shall consider the application for subsequent permits based upon
line 25 the objective standards specified in any state or local laws that
line 26 were in effect when the original development application was
line 27 submitted, unless the development proponent agrees to a change
line 28 in objective standards. Issuance of subsequent permits shall
line 29 implement the approved development, and review of the permit
line 30 application shall not inhibit, chill, or preclude the development.
line 31 For purposes of this paragraph, a “subsequent permit” means a
line 32 permit required subsequent to receiving approval under subdivision
line 33 (c), and includes, but is not limited to, demolition, grading,
line 34 encroachment, and building permits and final maps, if necessary.
line 35 (B) The amendments made to subparagraph (A) by the act that
line 36 added this subparagraph shall also be retroactively applied to
line 37 subsequent permit applications submitted prior to January 1, 2022.
line 38 (3) (A) If a public improvement is necessary to implement a
line 39 development that is subject to the streamlined, ministerial approval
line 40 pursuant to this section, including, but not limited to, a bicycle
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SB 423 — 35 —
line 1 lane, sidewalk or walkway, public transit stop, driveway, street
line 2 paving or overlay, a curb or gutter, a modified intersection, a street
line 3 sign or street light, landscape or hardscape, an above-ground or
line 4 underground utility connection, a water line, fire hydrant, storm
line 5 or sanitary sewer connection, retaining wall, and any related work,
line 6 and that public improvement is located on land owned by the local
line 7 government, to the extent that the public improvement requires
line 8 approval from the local government, the local government shall
line 9 not exercise its discretion over any approval relating to the public
line 10 improvement in a manner that would inhibit, chill, or preclude the
line 11 development.
line 12 (B) If an application for a public improvement described in
line 13 subparagraph (A) is submitted to a local government, the local
line 14 government shall do all of the following:
line 15 (i) Consider the application based upon any objective standards
line 16 specified in any state or local laws that were in effect when the
line 17 original development application was submitted.
line 18 (ii) Conduct its review and approval in the same manner as it
line 19 would evaluate the public improvement if required by a project
line 20 that is not eligible to receive ministerial or streamlined approval
line 21 pursuant to this section.
line 22 (C) If an application for a public improvement described in
line 23 subparagraph (A) is submitted to a local government, the local
line 24 government shall not do either of the following:
line 25 (i) Adopt or impose any requirement that applies to a project
line 26 solely or partially on the basis that the project is eligible to receive
line 27 ministerial or streamlined approval pursuant to this section.
line 28 (ii) Unreasonably delay in its consideration, review, or approval
line 29 of the application.
line 30 (j) (1) This section shall not affect a development proponent’s
line 31 ability to use any alternative streamlined by right permit processing
line 32 adopted by a local government, including the provisions of
line 33 subdivision (i) of Section 65583.2.
line 34 (2) This section shall not prevent a development from also
line 35 qualifying as a housing development project entitled to the
line 36 protections of Section 65589.5. This paragraph does not constitute
line 37 a change in, but is declaratory of, existing law.
line 38 (k) The California Environmental Quality Act (Division 13
line 39 (commencing with Section 21000) of the Public Resources Code)
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line 1 does not apply to actions taken by a state agency, local government,
line 2 or the San Francisco Bay Area Rapid Transit District to:
line 3 (1) Lease, convey, or encumber land owned by the local
line 4 government or the San Francisco Bay Area Rapid Transit District
line 5 or to facilitate the lease, conveyance, or encumbrance of land
line 6 owned by the local government, or for the lease of land owned by
line 7 the San Francisco Bay Area Rapid Transit District in association
line 8 with an eligible TOD project, as defined pursuant to Section
line 9 29010.1 of the Public Utilities Code, nor to any decisions
line 10 associated with that lease, or to provide financial assistance to a
line 11 development that receives streamlined approval pursuant to this
line 12 section that is to be used for housing for persons and families of
line 13 very low, low, or moderate income, as defined in Section 50093
line 14 of the Health and Safety Code.
line 15 (2) Approve improvements located on land owned by the local
line 16 government or the San Francisco Bay Area Rapid Transit District
line 17 that are necessary to implement a development that receives
line 18 streamlined approval pursuant to this section that is to be used for
line 19 housing for persons and families of very low, low, or moderate
line 20 income, as defined in Section 50093 of the Health and Safety Code.
line 21 (l) For purposes of establishing the total number of units in a
line 22 development under this chapter, a development or development
line 23 project includes both of the following:
line 24 (1) All projects developed on a site, regardless of when those
line 25 developments occur.
line 26 (2) All projects developed on sites adjacent to a site developed
line 27 pursuant to this chapter if, after January 1, 2023, the adjacent site
line 28 had been subdivided from the site developed pursuant to this
line 29 chapter.
line 30 (m) For purposes of this section, the following terms have the
line 31 following meanings:
line 32 (1) “Affordable housing cost” has the same meaning as set forth
line 33 in Section 50052.5 of the Health and Safety Code.
line 34 (2) (A) Subject to the qualification provided by subparagraphs
line 35 (B) and (C), “affordable rent” has the same meaning as set forth
line 36 in Section 50053 of the Health and Safety Code.
line 37 (B) For a development for which an application pursuant to this
line 38 section was submitted prior to January 1, 2019, that includes 500
line 39 units or more of housing, and that dedicates 50 percent of the total
line 40 number of units, before calculating any density bonus, to housing
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line 1 affordable to households making at, or below, 80 percent of the
line 2 area median income, affordable rent for at least 30 percent of these
line 3 units shall be set at an affordable rent as defined in subparagraph
line 4 (A) and “affordable rent” for the remainder of these units shall
line 5 mean a rent that is consistent with the maximum rent levels for a
line 6 housing development that receives an allocation of state or federal
line 7 low-income housing tax credits from the California Tax Credit
line 8 Allocation Committee.
line 9 (C) For a development that dedicates 100 percent of units,
line 10 exclusive of a manager’s unit or units, to lower income households,
line 11 “affordable rent” shall mean a rent that is consistent with the
line 12 maximum rent levels stipulated by the public program providing
line 13 financing for the development.
line 14 (3) “Department” means the Department of Housing and
line 15 Community Development.
line 16 (4) “Development proponent” means the developer who submits
line 17 a housing development project application to a local government
line 18 under the streamlined, ministerial review process pursuant to this
line 19 section.
line 20 (5) “Completed entitlements” means a housing development
line 21 that has received all the required land use approvals or entitlements
line 22 necessary for the issuance of a building permit.
line 23 (6) “Health care expenditures” include contributions under
line 24 Section 401(a), 501(c), or 501(d) of the Internal Revenue Code
line 25 and payments toward “medical care,” as defined in Section
line 26 213(d)(1) of the Internal Revenue Code.
line 27 (7) “Housing development project” has the same meaning as in
line 28 Section 65589.5.
line 29 (8) “Locality” or “local government” means a city, including a
line 30 charter city, a county, including a charter county, or a city and
line 31 county, including a charter city and county.
line 32 (9) “Moderate-income housing units” means housing units with
line 33 an affordable housing cost or affordable rent for persons and
line 34 families of moderate income, as that term is defined in Section
line 35 50093 of the Health and Safety Code.
line 36 (10) “Production report” means the information reported
line 37 pursuant to subparagraph (H) of paragraph (2) of subdivision (a)
line 38 of Section 65400.
line 39 (11) “State agency” includes every state office, officer,
line 40 department, division, bureau, board, and commission, but does not
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line 1 include the California State University or the University of
line 2 California.
line 3 (12) “Reporting period” means either of the following:
line 4 (A) The first half of the regional housing needs assessment
line 5 cycle.
line 6 (B) The last half of the regional housing needs assessment cycle.
line 7 (13) “Urban uses” means any current or former residential,
line 8 commercial, public institutional, transit or transportation passenger
line 9 facility, or retail use, or any combination of those uses.
line 10 (n) The department may review, adopt, amend, and repeal
line 11 guidelines to implement uniform standards or criteria that
line 12 supplement or clarify the terms, references, or standards set forth
line 13 in this section. Any guidelines or terms adopted pursuant to this
line 14 subdivision shall not be subject to Chapter 3.5 (commencing with
line 15 Section 11340) of Part 1 of Division 3 of Title 2 of the Government
line 16 Code.
line 17 (o) The determination of whether an application for a
line 18 development is subject to the streamlined ministerial approval
line 19 process provided by subdivision (c) is not a “project” as defined
line 20 in Section 21065 of the Public Resources Code.
line 21 (p) Notwithstanding any law, for purposes of this section and
line 22 for development in compliance with the requirements of this
line 23 section on property owned by or leased to the state, the Department
line 24 of General Services may act in the place of a locality or local
line 25 government, at the discretion of the department.
line 26 (q) (1) For developments proposed in a census tract that is
line 27 designated either as a moderate resource area, low resource area,
line 28 or an area of high segregation and poverty on the most recent
line 29 “CTAC/HCD Opportunity Map” published by the California Tax
line 30 Credit Allocation Committee and the Department of Housing and
line 31 Community Development, within 45 days after receiving a notice
line 32 of intent, as described in subdivision (b), and before the
line 33 development proponent submits an application for the proposed
line 34 development that is subject to the streamlined, ministerial approval
line 35 process described in subdivision (c), the local government shall
line 36 provide for a public meeting to be held by the city council or
line 37 county board of supervisors to provide an opportunity for the public
line 38 and the local government to comment on the development.
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SB 423 — 39 —
line 1 (2) The public meeting shall be held at a regular meeting and
line 2 be subject to the Ralph M. Brown Act (Chapter 9 (commencing
line 3 with Section 54950) of Part 1 of Division 2 of Title 5).
line 4 (3) Comments may be provided by testimony during the meeting
line 5 or in writing at any time before the meeting concludes.
line 6 (4) The development proponent shall attest in writing that it
line 7 attended the meeting described in paragraph (1) and reviewed the
line 8 public testimony and written comments from the meeting in its
line 9 application for the proposed development that is subject to the
line 10 streamlined, ministerial approval process described in subdivision
line 11 (c).
line 12 (5) If the local government fails to hold the hearing described
line 13 in paragraph (1) within 45 days after receiving the notice of intent,
line 14 the development proponent shall hold a public meeting on the
line 15 proposed development before submitting an application pursuant
line 16 to this section.
line 17 (r) (1) This section shall not apply to applications for
line 18 developments proposed on qualified sites that are submitted on or
line 19 after January 1, 2024, but before July 1, 2025.
line 20 (2) For purposes of this subdivision, “qualified site” means a
line 21 site that meets the following requirements:
line 22 (A) The site is located within an equine or equestrian district
line 23 designated by a general plan or specific or master plan, which may
line 24 include a specific narrative reference to a geographically
line 25 determined area or map of the same. Parcels adjoined and only
line 26 separated by a street or highway shall be considered to be within
line 27 an equestrian district.
line 28 (B) As of January 1, 2024, the general plan applicable to the
line 29 site contains, and has contained for five or more years, an equine
line 30 or equestrian district designation where the site is located.
line 31 (C) As of January 1, 2024, the equine or equestrian district
line 32 applicable to the site is not zoned to include residential uses, but
line 33 authorizes residential uses with a conditional use permit.
line 34 (D) The applicable local government has an adopted housing
line 35 element that is compliant with applicable law.
line 36 (3) The Legislature finds and declares that the purpose of this
line 37 subdivision is to allow local governments to conduct general plan
line 38 updates to align their general plan with applicable zoning changes.
line 39 (s) The provisions of clause (iii) of subparagraph (E) of
line 40 paragraph (8) of subdivision (a) relating to health care expenditures
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— 40 — SB 423
line 1 are distinct and severable from the remaining provisions of this
line 2 section. However, the remaining portions of paragraph (8) of
line 3 subdivision (a) are a material and integral part of this section and
line 4 are not severable. If any provision or application of paragraph (8)
line 5 of subdivision (a) is held invalid, this entire section shall be null
line 6 and void.
line 7 (t) (1) The changes made to this section by the act adding this
line 8 subdivision shall apply in a coastal zone, as defined in Division
line 9 20 (commencing with Section 30000) of the Public Resources
line 10 Code, on and after January 1, 2025.
line 11 (2) In an area of the coastal zone not excluded under paragraph
line 12 (6) of subdivision (a), a development that satisfies the requirements
line 13 of subdivision (a) shall require a coastal development permit
line 14 pursuant to Chapter 7 (commencing with Section 30600) of
line 15 Division 20 of the Public Resources Code. A local government
line 16 shall approve a coastal development permit if it determines that
line 17 the development is consistent with all objective standards of the
line 18 local government’s certified local coastal program.
line 19 (3) For purposes of this section, receipt of any density bonus,
line 20 concessions, incentives, waivers or reductions of development
line 21 standards, and parking ratios to which the applicant is entitled
line 22 under Section 65915 shall not constitute a basis to find the project
line 23 inconsistent with the local coastal program.
line 24 (t)
line 25 (u) It is the policy of the state that this section be interpreted
line 26 and implemented in a manner to afford the fullest possible weight
line 27 to the interest of, and the approval and provision of, increased
line 28 housing supply.
line 29 (u)
line 30 (v) This section shall remain in effect only until January 1, 2036,
line 31 and as of that date is repealed.
line 32 SEC. 3. The Legislature finds and declares that ensuring access
line 33 to affordable housing is a matter of statewide concern and is not
line 34 a municipal affair as that term is used in Section 5 of Article XI
line 35 of the California Constitution. Therefore, Section 2 of this act
line 36 amending Section 65913.4 of the Government Code applies to all
line 37 cities, including charter cities.
line 38 SEC. 4. No reimbursement is required by this act pursuant to
line 39 Section 6 of Article XIIIB of the California Constitution because
line 40 a local agency or school district has the authority to levy service
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SB 423 — 41 —
line 1 charges, fees, or assessments sufficient to pay for the program or
line 2 level of service mandated by this act or because costs that may be
line 3 incurred by a local agency or school district will be incurred
line 4 because this act creates a new crime or infraction, eliminates a
line 5 crime or infraction, or changes the penalty for a crime or infraction,
line 6 within the meaning of Section 17556 of the Government Code, or
line 7 changes the definition of a crime within the meaning of Section 6
line 8 of Article XIIIB of the California Constitution.
O
94
— 42 — SB 423
AMENDED IN ASSEMBLY JULY 13, 2023
AMENDED IN ASSEMBLY MAY 30, 2023
california legislature—2023–24 regular session
Assembly Constitutional Amendment No. 1
Introduced by Assembly Members Aguiar-Curry, Berman, and
Haney Haney, Lee, and Wicks
(Principal coauthor: Senator Wiener)
(Coauthors: Assembly Members Addis, Arambula, Bennett, Boerner,
Bryan, Juan Carrillo, Friedman, Garcia, Grayson, Hart, Holden,
Jackson, Kalra, Lowenthal, McCarty, Stephanie Nguyen, Ortega,
Luz Rivas, Robert Rivas, Blanca Rubio, Santiago, Ting,
Villapudua, Ward, and Wood) Weber, Wilson, Wood, and Zbur)
December 5, 2022
Assembly Constitutional Amendment No. 1—A resolution to propose
to the people of the State of California an amendment to the Constitution
of the State, by amending Sections 1 and 4 of Article XIII A thereof,
by amending Section 2 of, and by adding Section 2.5 to, Article XIIIC
thereof, by amending Section 3 of Article XIII D thereof, and by
amending Section 18 of Article XVI thereof, relating to local finance.
legislative counsel’s digest
ACA 1, as amended, Aguiar-Curry. Local government financing:
affordable housing and public infrastructure: voter approval.
(1) The California Constitution prohibits the ad valorem tax rate on
real property from exceeding 1% of the full cash value of the property,
subject to certain exceptions.
This measure would create an additional exception to the 1% limit
that would authorize a city, county, city and county, or special district
97
to levy an ad valorem tax to service bonded indebtedness incurred to
fund the construction, reconstruction, rehabilitation, or replacement of
public infrastructure, affordable housing, or permanent supportive
housing, or the acquisition or lease of real property for those purposes,
if the proposition proposing that tax is approved by 55% of the voters
of the city, county, or city and county, or special district, as applicable,
and the proposition includes specified accountability requirements. The
measure would specify that these provisions apply to any city, county,
city and county, or special district measure imposing an ad valorem tax
to pay the interest and redemption charges on bonded indebtedness for
these purposes that is submitted at the same election as this measure.
(2) The California Constitution conditions the imposition of a special
tax by a local government upon the approval of 2⁄3 of the voters of the
local government voting on that tax.
This measure would authorize a local government to impose, extend,
or increase a sales and use tax or transactions and use tax imposed in
accordance with specified law or a parcel tax, as defined, for the
purposes of funding the construction, reconstruction, rehabilitation, or
replacement of public infrastructure, affordable housing, or permanent
supportive housing housing, or the acquisition or lease of real property
for those purposes, if the proposition proposing that tax is approved by
a majority vote of the membership of the governing board of the local
government and by 55% of its voters voting on the proposition and the
proposition includes specified accountability requirements. This measure
would also make conforming changes to related provisions. The measure
would specify that these provisions apply to any local measure imposing,
extending, or increasing a sales and use tax, transactions and use tax,
or parcel tax for these purposes that is submitted at the same election
as this measure.
(3) The California Constitution prohibits specified local government
agencies from incurring any indebtedness exceeding in any year the
income and revenue provided in that year, without the assent of 2⁄3 of
the voters and subject to other conditions. In the case of a school district,
community college district, or county office of education, the California
Constitution permits a proposition for the incurrence of indebtedness
in the form of general obligation bonds for the construction,
reconstruction, rehabilitation, or replacement of school facilities,
including the furnishing and equipping of school facilities, or the
acquisition or lease of real property for school facilities, to be adopted
97
— 2 — ACA 1
upon the approval of 55% of the voters of the district or county, as
appropriate, voting on the proposition at an election.
This measure would expressly prohibit a special district, other than
a board of education or school district, from incurring any indebtedness
or liability exceeding any applicable statutory limit, as prescribed by
the statutes governing the special district. The measure would also
similarly require the approval of 55% of the voters of the city, county,
city and county, or special district, as applicable, to incur bonded
indebtedness, exceeding in any year the income and revenue provided
in that year, that is in the form of general obligation bonds issued to
fund the construction, reconstruction, rehabilitation, or replacement of
public infrastructure, affordable housing, or permanent supportive
housing projects, if the proposition proposing that bond includes
specified accountability requirements. The measure would specify that
this 55% threshold applies to any proposition for the incurrence of
indebtedness by a city, county, city and county, or special district for
these purposes that is submitted at the same election as this measure.
Vote: 2⁄3. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
line 1 Resolved by the Assembly, the Senate concurring, That the
line 2 Legislature of the State of California at its 2023–24 Regular
line 3 Session commencing on the fifth day of December 2022, two-thirds
line 4 of the membership of each house concurring, hereby proposes to
line 5 the people of the State of California, that the Constitution of the
line 6 State be amended as follows:
line 7 First—That Section 1 of Article XIII A thereof is amended to
line 8 read:
line 9 SECTION 1. (a) The maximum amount of any ad valorem
line 10 tax on real property shall not exceed 1 percent of the full cash
line 11 value of that property. The 1 percent tax shall be collected by the
line 12 counties and apportioned according to law to the districts within
line 13 the counties.
line 14 (b) The limitation provided for in subdivision (a) shall not apply
line 15 to ad valorem taxes or special assessments to pay the interest and
line 16 redemption charges on any of the following:
line 17 (1) Indebtedness approved by the voters before July 1, 1978.
line 18 (2) Bonded indebtedness to fund the acquisition or improvement
line 19 of real property approved on or after July 1, 1978, by two-thirds
line 20 of the votes cast by the voters voting on the proposition.
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ACA 1 — 3 —
line 1 (3) Bonded indebtedness incurred by a school district,
line 2 community college district, or county office of education for the
line 3 construction, reconstruction, rehabilitation, or replacement of
line 4 school facilities, including the furnishing and equipping of school
line 5 facilities, or the acquisition or lease of real property for school
line 6 facilities, approved by 55 percent of the voters of the district or
line 7 county, as appropriate, voting on the proposition on or after
line 8 November 8, 2000. This paragraph shall apply only if the
line 9 proposition approved by the voters and resulting in the bonded
line 10 indebtedness includes all of the following accountability
line 11 requirements:
line 12 (A) A requirement that the proceeds from the sale of the bonds
line 13 be used only for the purposes specified in this paragraph, and not
line 14 for any other purpose, including teacher and administrator salaries
line 15 and other school operating expenses.
line 16 (B) A list of the specific school facilities projects to be funded
line 17 and certification that the school district board, community college
line 18 board, or county office of education has evaluated safety, class
line 19 size reduction, and information technology needs in developing
line 20 that list.
line 21 (C) A requirement that the school district board, community
line 22 college board, or county office of education conduct an annual,
line 23 independent performance audit to ensure that the funds have been
line 24 expended only on the specific projects listed.
line 25 (D) A requirement that the school district board, community
line 26 college board, or county office of education conduct an annual,
line 27 independent financial audit of the proceeds from the sale of the
line 28 bonds until all of those proceeds have been expended for the school
line 29 facilities projects.
line 30 (4) (A) Bonded indebtedness incurred by a city, county, city
line 31 and county, or special district for the construction, reconstruction,
line 32 rehabilitation, or replacement of public infrastructure, affordable
line 33 housing, or permanent supportive housing for persons at risk of
line 34 chronic homelessness, including persons with mental illness, or
line 35 the acquisition or lease of real property for public infrastructure,
line 36 affordable housing, or permanent supportive housing for persons
line 37 at risk of chronic homelessness, including persons with mental
line 38 illness, approved by 55 percent of the voters of the city, county,
line 39 city and county, or special district, as appropriate, voting on the
line 40 proposition on or after the effective date of the measure adding
97
— 4 — ACA 1
line 1 this paragraph. This paragraph shall apply only if the proposition
line 2 approved by the voters and resulting in the bonded indebtedness
line 3 includes all of the following accountability requirements:
line 4 (i) A requirement that the proceeds from the sale of the bonds
line 5 be used only for the purposes specified in this paragraph, and not
line 6 for any other purpose, including city, county, city and county, or
line 7 special district employee salaries and other operating expenses.
line 8 (ii) The specific local program or ordinance through which
line 9 projects will be funded and a certification that the city, county,
line 10 city and county, or special district has evaluated alternative funding
line 11 sources.
line 12 (iii) A requirement that the city, county, city and county, or
line 13 special district conduct an annual, independent performance audit
line 14 to ensure that the funds have been expended pursuant to the local
line 15 program or ordinance specified in clause (ii).
line 16 (iv) A requirement that the city, county, city and county, or
line 17 special district conduct an annual, independent financial audit of
line 18 the proceeds from the sale of the bonds until all of those proceeds
line 19 have been expended for the public infrastructure or affordable
line 20 housing projects, as applicable.
line 21 (v) A requirement that the city, county, city and county, or
line 22 special district post the audits required by clauses (iii) and (iv) in
line 23 a manner that is easily accessible to the public.
line 24 (vi) A requirement that the city, county, city and county, or
line 25 special district appoint a citizens’ oversight committee to ensure
line 26 that bond proceeds are expended only for the purposes described
line 27 in the measure approved by the voters.
line 28 (B) For purposes of this paragraph:
line 29 (i) “Affordable housing” shall include housing developments,
line 30 or portions of housing developments, that provide workforce
line 31 housing affordable to households earning up to 150 percent of
line 32 countywide median income, and housing developments, or portions
line 33 of housing developments, that provide housing affordable to lower,
line 34 low-, or very low income households, as those terms are defined
line 35 in state law.
line 36 (ii) “At risk of chronic homelessness” includes, but is not limited
line 37 to, persons who are at high risk of long-term or intermittent
line 38 homelessness, including persons with mental illness exiting
line 39 institutionalized settings, including, but not limited to, jail and
line 40 mental health facilities, who were homeless prior to admission,
97
ACA 1 — 5 —
line 1 transition age youth experiencing homelessness or with significant
line 2 barriers to housing stability, and others, as defined in program
line 3 guidelines.
line 4 (iii) “Permanent supportive housing” means housing with no
line 5 limit on length of stay, that is occupied by the target population,
line 6 and that is linked to onsite or offsite services that assist residents
line 7 in retaining the housing, improving their health status, and
line 8 maximizing their ability to live and, when possible, work in the
line 9 community. “Permanent supportive housing” includes associated
line 10 facilities, if those facilities are used to provide services to housing
line 11 residents.
line 12 (iv) “Public infrastructure” shall include, but is not limited to,
line 13 projects that provide any of the following:
line 14 (I) Water or protect protection of water quality.
line 15 (II) Sanitary sewer.
line 16 (III) Treatment of wastewater or reduction of pollution from
line 17 stormwater runoff.
line 18 (IV) Protection of property from impacts of sea level rise.
line 19 (V) Parks and recreation facilities.
line 20 (VI) Open space.
line 21 (VII) Improvements to transit and streets and highways.
line 22 (VIII) Flood control.
line 23 (IX) Broadband internet access service expansion in underserved
line 24 areas.
line 25 (X) Local hospital construction.
line 26 (XI) Public safety buildings or facilities, equipment related to
line 27 fire suppression, emergency response equipment, or interoperable
line 28 communications equipment for direct and exclusive use by fire,
line 29 emergency response, policy, police, or sheriff personnel.
line 30 (XII) Public library facilities.
line 31 (v) “Special district” has the same meaning as provided in
line 32 subdivision (c) of Section 1 of Article XIII C and specifically
line 33 includes a transit district, a regional transportation commission,
line 34 and an association of governments, except that “special district”
line 35 does not include a school district, redevelopment agency, or
line 36 successor agency to a dissolved redevelopment agency.
line 37 (C) This paragraph shall apply to any city, county, city and
line 38 county, or special district measure imposing an ad valorem tax to
line 39 pay the interest and redemption charges on bonded indebtedness
97
— 6 — ACA 1
line 1 for those purposes described in this paragraph that is submitted at
line 2 the same election as the measure adding this paragraph.
line 3 (c) (1) Notwithstanding any other provisions of law or of this
line 4 Constitution, a school district, community college district, or
line 5 county office of education may levy a 55-percent vote ad valorem
line 6 tax pursuant to paragraph (3) of subdivision (b).
line 7 (2) Notwithstanding any other provisions of law or this
line 8 Constitution, a city, county, city and county, or special district
line 9 may levy a 55-percent vote ad valorem tax pursuant to paragraph
line 10 (4) of subdivision (b).
line 11 Second—That Section 4 of Article XIII A thereof is amended
line 12 to read:
line 13 SEC. 4. Except as provided by Section 2.5 of Article XIII C,
line 14 a city, county, or special district, by a two-thirds vote of its voters
line 15 voting on the proposition, may impose a special tax within that
line 16 city, county, or special district, except an ad valorem tax on real
line 17 property or a transactions tax or sales tax on the sale of real
line 18 property within that city, county, or special district.
line 19 Third—That Section 2 of Article XIII C thereof is amended to
line 20 read:
line 21 SEC. 2. Notwithstanding any other provision of this
line 22 Constitution:
line 23 (a) Any tax imposed by a local government is either a general
line 24 tax or a special tax. A special district or agency, including a school
line 25 district, has no authority to levy a general tax.
line 26 (b) A local government may not impose, extend, or increase
line 27 any general tax unless and until that tax is submitted to the
line 28 electorate and approved by a majority vote. A general tax is not
line 29 deemed to have been increased if it is imposed at a rate not higher
line 30 than the maximum rate so approved. The election required by this
line 31 subdivision shall be consolidated with a regularly scheduled general
line 32 election for members of the governing body of the local
line 33 government, except in cases of emergency declared by a unanimous
line 34 vote of the governing body.
line 35 (c) Any general tax imposed, extended, or increased, without
line 36 voter approval, by any local government on or after January 1,
line 37 1995, and before the effective date of this article, may continue to
line 38 be imposed only if that general tax is approved by a majority vote
line 39 of the voters voting in an election on the issue of the imposition,
97
ACA 1 — 7 —
line 1 which election shall be held no later than November 6, 1996, and
line 2 in compliance with subdivision (b).
line 3 (d) Except as provided by Section 2.5, a local government may
line 4 not impose, extend, or increase any special tax unless and until
line 5 that tax is submitted to the electorate and approved by a two-thirds
line 6 vote. A special tax is not deemed to have been increased if it is
line 7 imposed at a rate not higher than the maximum rate so approved.
line 8 Fourth—That Section 2.5 is added to Article XIII C thereof, to
line 9 read:
line 10 SEC. 2.5. (a) The imposition, extension, or increase of a sales
line 11 and use tax imposed in accordance with the Bradley-Burns Uniform
line 12 Local Sales and Use Tax Law (Part 1.5 (commencing with Section
line 13 7200) of Division 2 of the Revenue and Taxation Code) or a
line 14 successor law, a transactions and use tax imposed in accordance
line 15 with the Transactions and Use Tax Law (Part 1.6 (commencing
line 16 with Section 7251) of Division 2 of the Revenue and Taxation
line 17 Code) or a successor law, or a parcel tax imposed by a local
line 18 government for the purpose of funding the construction,
line 19 reconstruction, rehabilitation, or replacement of public
line 20 infrastructure, affordable housing, or permanent supportive housing
line 21 for persons at risk of chronic homelessness, including persons with
line 22 mental illness, or the acquisition or lease of real property for public
line 23 infrastructure, affordable housing, or permanent supportive housing
line 24 for persons at risk of chronic homelessness, including persons with
line 25 mental illness, is subject to approval by 55 percent of the voters
line 26 in the local government voting on the proposition, if both of the
line 27 following conditions are met:
line 28 (1) The proposition is approved by a majority vote of the
line 29 membership of the governing board of the local government.
line 30 (2) The proposition contains all of the following accountability
line 31 requirements:
line 32 (A) A requirement that the proceeds of the tax only be used for
line 33 the purposes specified in the proposition, and not for any other
line 34 purpose, including general employee salaries and other operating
line 35 expenses of the local government.
line 36 (B) The specific local program or ordinance through which
line 37 projects will be funded and a certification that the city, county,
line 38 city and county, or special district has evaluated alternative funding
line 39 sources.
97
— 8 — ACA 1
line 1 (C) A requirement that the local government conduct an annual,
line 2 independent performance audit to ensure that the proceeds of the
line 3 special tax have been expended pursuant to the local program or
line 4 ordinance specified in subparagraph (B).
line 5 (D) A requirement that the local government conduct an annual,
line 6 independent financial audit of the proceeds from the tax during
line 7 the lifetime of that tax.
line 8 (E) A requirement that the local government post the audits
line 9 required by subparagraphs (C) and (D) in a manner that is easily
line 10 accessible to the public.
line 11 (F) A requirement that the local government appoint a citizens’
line 12 oversight committee to ensure the proceeds of the special tax are
line 13 expended only for the purposes described in the measure approved
line 14 by the voters.
line 15 (b) For purposes of this section, the following terms have the
line 16 following meanings:
line 17 (1) “Affordable housing” shall include housing developments,
line 18 or portions of housing developments, that provide workforce
line 19 housing affordable to households earning up to 150 percent of
line 20 countywide median income, and housing developments, or portions
line 21 of housing developments, that provide housing affordable to lower,
line 22 low-, or very low income households, as those terms are defined
line 23 in state law.
line 24 (2) “At risk of chronic homelessness” includes, but is not limited
line 25 to, persons who are at high risk of long-term or intermittent
line 26 homelessness, including persons with mental illness exiting
line 27 institutionalized settings, including, but not limited to, jail and
line 28 mental health facilities, who were homeless prior to admission,
line 29 transition age youth experiencing homelessness or with significant
line 30 barriers to housing stability, and others, as defined in program
line 31 guidelines.
line 32 (3) “Permanent supportive housing” means housing with no
line 33 limit on length of stay, that is occupied by the target population,
line 34 and that is linked to onsite or offsite services that assist residents
line 35 in retaining the housing, improving their health status, and
line 36 maximizing their ability to live and, when possible, work in the
line 37 community. “Permanent supportive housing” includes associated
line 38 facilities, if those facilities are used to provide services to housing
line 39 residents.
97
ACA 1 — 9 —
line 1 (4) “Local government” has the same meaning as provided in
line 2 subdivision (b) of Section 1 of this article and specifically includes
line 3 a transit district, a regional transportation commission, and an
line 4 association of governments.
line 5 (5) “Public infrastructure” shall include, but is not limited to,
line 6 the projects that provide any of the following:
line 7 (A) Water or protect protection of water quality.
line 8 (B) Sanitary sewer.
line 9 (C) Treatment of wastewater or reduction of pollution from
line 10 stormwater runoff.
line 11 (D) Protection of property from impacts of sea level rise.
line 12 (E) Parks and recreation facilities.
line 13 (F) Open space.
line 14 (G) Improvements to transit and streets and highways.
line 15 (H) Flood control.
line 16 (I) Broadband internet access service expansion in underserved
line 17 areas.
line 18 (J) Local hospital construction.
line 19 (K) Public safety buildings or facilities, equipment related to
line 20 fire suppression, emergency response equipment, or interoperable
line 21 communications equipment for direct and exclusive use by fire,
line 22 emergency response, policy, police, or sheriff personnel.
line 23 (L) Public library facilities.
line 24 (c) This section shall apply to any local measure imposing,
line 25 extending, or increasing a sales and use tax imposed pursuant to
line 26 the Bradley-Burns Uniform Local Sales and Use Tax Law, a
line 27 transactions and use tax imposed in accordance with the
line 28 Transactions and Use Tax Law, or a parcel tax imposed by a local
line 29 government for those purposes described in subdivision (a) that
line 30 is submitted at the same election as the measure adding this section.
line 31 Fifth—That Section 3 of Article XIII D thereof is amended to
line 32 read:
line 33 SEC. 3. (a) An agency shall not assess a tax, assessment, fee,
line 34 or charge upon any parcel of property or upon any person as an
line 35 incident of property ownership except:
line 36 (1) The ad valorem property tax imposed pursuant to Article
line 37 XIII and Article XIIIA.
line 38 (2) Any special tax receiving a two-thirds vote pursuant to
line 39 Section 4 of Article XIII A or receiving a 55-percent approval
line 40 pursuant to Section 2.5 of Article XIII C.
97
— 10 — ACA 1
line 1 (3) Assessments as provided by this article.
line 2 (4) Fees or charges for property-related services as provided by
line 3 this article.
line 4 (b) For purposes of this article, fees for the provision of electrical
line 5 or gas service are not deemed charges or fees imposed as an
line 6 incident of property ownership.
line 7 Sixth—That Section 18 of Article XVI thereof is amended to
line 8 read:
line 9 SEC. 18. (a) A county, city, town, township, board of
line 10 education, or school district, shall not incur any indebtedness or
line 11 liability in any manner or for any purpose exceeding in any year
line 12 the income and revenue provided for that year, without the assent
line 13 of two-thirds of the voters of the public entity voting at an election
line 14 to be held for that purpose, except that with respect to any such
line 15 public entity that is authorized to incur indebtedness for public
line 16 school purposes, any proposition for the incurrence of indebtedness
line 17 in the form of general obligation bonds for the purpose of repairing,
line 18 reconstructing, or replacing public school buildings determined,
line 19 in the manner prescribed by law, to be structurally unsafe for school
line 20 use, shall be adopted upon the approval of a majority of the voters
line 21 of the public entity voting on the proposition at the election; nor
line 22 unless before or at the time of incurring such indebtedness
line 23 provision shall be made for the collection of an annual tax
line 24 sufficient to pay the interest on such indebtedness as it falls due,
line 25 and to provide for a sinking fund for the payment of the principal
line 26 thereof, on or before maturity, which shall not exceed forty 40
line 27 years from the time of contracting the indebtedness. A special
line 28 district, other than a board of education or school district, shall not
line 29 incur any indebtedness or liability exceeding any applicable
line 30 statutory limit, as prescribed by the statutes governing the special
line 31 district as they currently read or may thereafter be amended by the
line 32 Legislature.
line 33 (b) (1) Notwithstanding subdivision (a), any proposition for
line 34 the incurrence of indebtedness in the form of general obligation
line 35 bonds for the purposes described in paragraph (3) or (4) of
line 36 subdivision (b) of Section 1 of Article XIII A shall be adopted
line 37 upon the approval of 55 percent of the voters of the school district,
line 38 community college district, county office of education, city, county,
line 39 city and county, or other special district, as appropriate, voting on
line 40 the proposition at an election. This subdivision shall apply to a
97
ACA 1 — 11 —
line 1 proposition for the incurrence of indebtedness in the form of
line 2 general obligation bonds for the purposes specified in this
line 3 subdivision only if the proposition meets all of the accountability
line 4 requirements of paragraph (3) or (4) of subdivision (b), as
line 5 appropriate, of Section 1 of Article XIII A.
line 6 (2) The amendments made to this subdivision by the measure
line 7 adding this paragraph shall apply to any proposition for the
line 8 incurrence of indebtedness in the form of general obligation bonds
line 9 pursuant to this subdivision for the purposes described in paragraph
line 10 (4) of subdivision (b) of Section 1 of Article XIII A that is
line 11 submitted at the same election as the measure adding this
line 12 paragraph.
line 13 (c) When two or more propositions for incurring any
line 14 indebtedness or liability are submitted at the same election, the
line 15 votes cast for and against each proposition shall be counted
line 16 separately, and if two-thirds or a majority or 55 percent of the
line 17 voters, as the case may be, voting on any one of those propositions,
line 18 vote in favor thereof, the proposition shall be deemed adopted.
O
97
— 12 — ACA 1
I
118TH CONGRESS
1ST SESSION H. R. 3170
To amend the National Housing Act to establish a mortgage insurance
program for first responders, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MAY 10, 2023
Mr. RUTHERFORD (for himself and Mrs. WATSON COLEMAN) introduced the
following bill; which was referred to the Committee on Financial Services
A BILL
To amend the National Housing Act to establish a mortgage
insurance program for first responders, and for other
purposes.
Be it enacted by the Senate and House of Representa-1
tives of the United States of America in Congress assembled, 2
SECTION 1. SHORT TITLE. 3
This Act may be cited as the ‘‘Homes for Every Local 4
Protector, Educator, and Responder Act of 2023’’ or the 5
‘‘HELPER Act of 2023’’. 6
SEC. 2. FHA MORTGAGE INSURANCE PROGRAM FOR MORT-7
GAGES FOR FIRST RESPONDERS. 8
Section 203 of the National Housing Act (12 U.S.C. 9
1709) is amended by adding at the end the following: 10
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‘‘(z) FHA MORTGAGE INSURANCE PROGRAM FOR 1
MORTGAGES FOR FIRST RESPONDERS.— 2
‘‘(1) DEFINITIONS.—In this subsection: 3
‘‘(A) FIRST RESPONDER.—The term ‘first 4
responder’ means an individual who is, as at-5
tested by the individual— 6
‘‘(i)(I) employed full-time by a law en-7
forcement agency of the Federal Govern-8
ment, a State, a Tribal government, or a 9
unit of general local government; and 10
‘‘(II) in carrying out such full-time 11
employment, sworn to uphold, and make 12
arrests for violations of, Federal, State, 13
county, township, municipal, or Tribal 14
laws, or authorized by law to supervise 15
sentenced criminal offenders or individuals 16
with pending criminal charges; 17
‘‘(ii) employed full-time as a fire-18
fighter, paramedic, or emergency medical 19
technician by a fire department or emer-20
gency medical services responder unit of 21
the Federal Government, a State, a Tribal 22
government, or a unit of general local gov-23
ernment; or 24
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•HR 3170 IH
‘‘(iii) employed as a full-time teacher 1
by a State-accredited public school or pri-2
vate school that provides direct services to 3
students in grades pre-kindergarten 4
through 12. 5
‘‘(B) FIRST-TIME HOMEBUYER.—The term 6
‘first-time homebuyer’ has the meaning given 7
the term in section 104 of the Cranston-Gon-8
zalez National Affordable Housing Act (42 9
U.S.C. 12704). 10
‘‘(C) STATE.—The term ‘State’ has the 11
meaning given the term in section 201. 12
‘‘(D) TRIBAL GOVERNMENT.—The term 13
‘Tribal government’ means the recognized gov-14
erning body of any Indian or Alaska Native 15
tribe, band, nation, pueblo, village, community, 16
component band, or component reservation, in-17
dividually identified (including parenthetically) 18
in the list published most recently pursuant to 19
section 104 of the Federally Recognized Indian 20
Tribe List Act of 1994 (25 U.S.C. 5131). 21
‘‘(2) AUTHORITY.—The Secretary may, upon 22
application by a mortgagee, insure any mortgage eli-23
gible for insurance under this subsection to an eligi-24
ble mortgagor and, upon such terms and conditions 25
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•HR 3170 IH
as the Secretary may prescribe, make commitments 1
for the insurance of such mortgages prior to the 2
date of their execution or disbursement. 3
‘‘(3) MORTGAGE TERMS; MORTGAGE INSURANCE 4
PREMIUM.— 5
‘‘(A) TERMS.— 6
‘‘(i) IN GENERAL.—A mortgage in-7
sured under this subsection shall— 8
‘‘(I) be made to an eligible mort-9
gagor; 10
‘‘(II) comply with the require-11
ments established under paragraphs 12
(1) through (7) of subsection (b); and 13
‘‘(III) be used only to— 14
‘‘(aa) purchase or repair a 15
1-family residence, including a 1- 16
family dwelling unit in a condo-17
minium project, to serve as a 18
principal residence of the mort-19
gagor, as attested by the mort-20
gagor; or 21
‘‘(bb) purchase a principal 22
residence of the mortgagor, as at-23
tested by the mortgagor, which 24
is— 25
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‘‘(AA) a manufactured 1
home to be permanently af-2
fixed to a lot that is owned 3
by the mortgagor and titled 4
as real property; or 5
‘‘(BB) a manufactured 6
home and a lot to which the 7
home will be permanently 8
affixed that is titled as real 9
property. 10
‘‘(ii) NO DOWN PAYMENT.—Notwith-11
standing any provision to the contrary in 12
the matter following subsection (b)(2)(B) 13
with respect to first-time homebuyers— 14
‘‘(I) the Secretary may insure 15
any mortgage that involves an original 16
principal obligation (including allow-17
able charges and fees and the pre-18
mium pursuant to subparagraph (B) 19
of this paragraph) in an amount not 20
to exceed 100 percent of the appraised 21
value of the property involved; and 22
‘‘(II) the mortgagor of a mort-23
gage described in subclause (I) shall 24
not be required to pay any amount, in 25
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cash or its equivalent, on account of 1
the property. 2
‘‘(B) MORTGAGE INSURANCE PREMIUM.— 3
‘‘(i) UP-FRONT PREMIUM.—The Sec-4
retary shall establish and collect an insur-5
ance premium in connection with mort-6
gages insured under this subsection that is 7
a percentage of the original insured prin-8
cipal obligation of the mortgage amount, 9
which shall be collected at the time and in 10
the manner provided under subsection 11
(c)(2)(A), except that the premiums col-12
lected under this subparagraph— 13
‘‘(I) may be in an amount that 14
exceeds 3 percent of the amount of 15
the original insured principal obliga-16
tion of the mortgage; and 17
‘‘(II) may be adjusted by the 18
Secretary from time to time by in-19
creasing or decreasing such percent-20
ages as the Secretary considers nec-21
essary, based on the performance of 22
mortgages insured under this sub-23
section and market conditions. 24
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‘‘(ii) PROHIBITION OF MONTHLY PRE-1
MIUMS.—A mortgage insured under this 2
subsection shall not be subject to a month-3
ly insurance premium, including a pre-4
mium under subsection (c)(2)(B). 5
‘‘(4) ELIGIBLE MORTGAGORS.—The mortgagor 6
for a mortgage insured under this subsection shall, 7
at the time the mortgage is executed— 8
‘‘(A) be a first-time homebuyer; 9
‘‘(B) have completed a program of housing 10
counseling provided through a housing coun-11
seling agency approved by the Secretary; 12
‘‘(C) as attested by the mortgagor— 13
‘‘(i) be employed as a first responder; 14
‘‘(ii) have been— 15
‘‘(I) employed as a first re-16
sponder for not less than 4 of the 5 17
years preceding the date on which the 18
mortgagor submitted an application to 19
insure the mortgage under this sec-20
tion; or 21
‘‘(II) released from employment 22
as a first responder due to an occupa-23
tion-connected disability resulting 24
from such duty or employment; 25
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‘‘(iii) be in good standing as a first re-1
sponder and not on probation or under in-2
vestigation for conduct that, if determined 3
to have occurred, is grounds for termi-4
nation of employment; 5
‘‘(iv) in good faith intend to continue 6
as a first responder for not less than 1 7
year following the date of closing on the 8
mortgage; and 9
‘‘(v) have previously never been the 10
mortgagor under a mortgage insured under 11
this subsection; 12
‘‘(D) meet such requirements as the Sec-13
retary shall establish to ensure that insurance 14
of the mortgage represents an acceptable risk to 15
the Mutual Mortgage Insurance Fund; and 16
‘‘(E) meet such underwriting requirements 17
as the Secretary shall establish to meet actu-18
arial objectives identified by the Secretary, 19
which may include avoiding a positive subsidy 20
rate or complying with the capital ratio require-21
ment under section 205(f)(2). 22
‘‘(5) AUTHORIZATION OF APPROPRIATIONS.— 23
There is authorized to be appropriated to carry out 24
the program under this subsection— 25
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‘‘(A) $660,000 for fiscal year 2024, to re-1
main available until expended; and 2
‘‘(B) $160,000 for each of fiscal years 3
2025 through 2030, to remain available until 4
expended. 5
‘‘(6) REAUTHORIZATION REQUIRED.—The au-6
thority to enter into new commitments to insure 7
mortgages under this subsection shall expire on the 8
date that is 5 years after the date on which the Sec-9
retary first makes available insurance for mortgages 10
under this subsection.’’. 11
Æ
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M E M O R A N D U M
DATE: August 14, 2023
TO: Marie Sunseri, City Clerk
FROM: Terri Donner, Administrative Assistant
SUBJECT: 2024 Meeting Dates for Town of Danville Legislative Committee
The following are the dates for the 2024 Town of Danville Legislative Committee
Meetings:
January 23, 2024
February 27, 2024
March 26, 2024
April 23, 2024
May 28, 2024
June 25, 2024
July 23, 2024
August 27, 2024
September 24, 2024
October 22, 2024
November 26, 2024
*December 17, 2024
*All dates are the 4th Tuesday of the month at 9:00 a.m. with the exception of December
due to town furlough.
ATTACHMENT B