AB 2798 — Freight: development projects.

Summary

(1) The Planning and Zoning Law, among other things, requires the legislative body of each county and city to adopt a comprehensive, long-term general plan for the physical development of the county or city and of any land outside its boundaries that relates to its planning. That law authorizes the legislative body, if it deems it to be in the public interest, to amend all or part of an adopted general plan, as provided. That law also authorizes the legislative body of any county or city, pursuant to specified procedures, to adopt ordinances that, among other things, regulate the use of buildings, structures, and land as between industry, business, residences, open space, and other purposes. The Permit Streamlining Act requires public agencies to approve or disapprove of a development project within certain timeframes, as specified. The act requires a public agency, upon its determination that an application for a development project is incomplete, to include a list and a thorough description of the specific information needed to complete the application. Existing law authorizes the applicant to submit the additional material to the public agency, requires the public agency to determine whether the submission of the application together with the submitted materials is complete within 30 days of receipt, and provides for an appeal process from the public agency's determination. Existing law requires a final written determination by the agency on the appeal no later than 60 days after receipt of the applicant's written appeal. Existing law, the California Environmental Quality Act (CEQA) , requires a lead agency, as defined, to prepare, or cause to be prepared, and to certify the completion of, an environmental impact report on a project that it proposes to approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA regulations establish a categorical exemption for existing facilities. This bill, until January 1, 2024, would prohibit a local agency from denying a permit for a short-term freight transportation use, as defined, that is submitted by a developer on a parcel if the proposed use is in conformity with all applicable plans, programs, and ordinances, among other things, that apply to the land, solely because the developer has a pending development application, or is concurrently submitting a development application, for a freight transportation project on that land. The bill would restrict the application of its provisions to land zoned for industrial or agricultural uses, subject to specified conditions, as of the date of the application submission. If a governing body of a California port adopts real estate agreements, tariffs, ordinances, or other entitlements to allow for a short-term port freight transportation use or freight transportation infrastructure, the bill, until January 1, 2024, would provide that the use be considered an existing facility with negligible or no expansion of use for the purposes of CEQA. By imposing new duties on local agencies with regard to local planning and zoning, the bill would impose a state-mandated local program. (2) 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. (3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. (4) This bill would declare that it is to take effect immediately as an urgency statute.

Bill Text

• Chaptered 09/25/22 - Chaptered Current pdf September 25, 2022
• Enrolled 09/02/22 - Enrolled pdf September 02, 2022
• Amended 08/24/22 - Amended Senate pdf August 24, 2022
• Amended 06/28/22 - Amended Senate pdf June 28, 2022
• Amended 04/21/22 - Amended Assembly pdf April 21, 2022
• Introduced 02/18/22 - Introduced pdf February 18, 2022
• AB2798 View text html

Action History

1. September 25, 2022

   Chaptered by Secretary of State - Chapter 535, Statutes of 2022.

2. September 25, 2022

   Approved by the Governor.

3. September 13, 2022

   Enrolled and presented to the Governor at 4 p.m.

4. August 31, 2022

   Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 79. Noes 0.).

5. August 31, 2022

   Assembly Rule 63 suspended.

6. August 31, 2022

   In Assembly. Concurrence in Senate amendments pending.

7. August 31, 2022

   Read third time. Urgency clause adopted. Passed. Ordered to the Assembly. (Ayes 40. Noes 0. Page 5409.).

8. August 25, 2022

   Read second time. Ordered to third reading.

9. August 24, 2022

   Read third time and amended. Ordered to second reading.

10. August 02, 2022

    Read second time. Ordered to third reading.

11. August 01, 2022

    From committee: Be ordered to second reading pursuant to Senate Rule 28.8.

12. June 28, 2022

    Read second time and amended. Re-referred to Com. on APPR.

13. June 27, 2022

    From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 0.) (June 22).

14. June 01, 2022

    Referred to Com. on GOV. & F.

15. May 24, 2022

    In Senate. Read first time. To Com. on RLS. for assignment.

16. May 23, 2022

    Read third time. Urgency clause adopted. Passed. Ordered to the Senate. (Ayes 74. Noes 0. Page 4825.).

17. May 19, 2022

    Read second time. Ordered to third reading.

18. May 18, 2022

    From committee: Do pass. (Ayes 15. Noes 0.) (May 18).

19. April 25, 2022

    Re-referred to Com. on APPR. pursuant to Assembly Rule 96.

20. April 25, 2022

    Re-referred to Com. on NAT. RES.

21. April 21, 2022

    Read second time and amended.

22. April 20, 2022

    From committee: Amend, and do pass as amended and re-refer to Com. on NAT. RES. (Ayes 8. Noes 0.) (April 20).

23. March 31, 2022

    Referred to Coms. on L. GOV. and NAT. RES.

24. February 19, 2022

    From printer. May be heard in committee March 21.

25. February 18, 2022

    Introduced. To print.

Sponsors

• Mike Fong · Primary

Votes

Subjects