AB 2656 — Housing Accountability Act: disapprovals: California Environmental Quality Act.

Summary

Existing law, the Housing Accountability Act, prohibits a local agency from disapproving a housing development project, as described, unless it makes certain written findings based on a preponderance of the evidence in the record. The act defines "disapprove the housing development project" as including any instance in which a local agency either votes and disapproves a proposed housing development project application, including any required land use approvals or entitlements necessary for the issuance of a building permit, or fails to comply with specified time periods. Existing law, the California Environmental Quality Act (CEQA) , requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project that the lead agency proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if the lead agency finds that the project will not have that effect. This bill would define "disapprove the housing development project" as also including any instance in which a local agency fails to issue a project an exemption from CEQA for which it is eligible, as described, or fails to adopt a negative declaration or addendum for the project, to certify an environmental impact report for the project, or to approve another comparable environmental document, if certain conditions are satisfied. Among other conditions, the bill would require a housing development project subject to these provisions to be located within an urbanized area, as defined, and meet or exceed 15 dwelling units per acre. By imposing additional duties on local officials, the bill would create a state-mandated local program. Existing law requires a petition to enforce the Housing Accountability Act to be brought pursuant to a specified procedure and be filed no later than 90 days from the effective date of a decision of the local agency imposing conditions on, disapproving of, or any other final action taken on a housing development project. This bill would provide that a local agency's failure to make a determination that the project is exempt from CEQA or failure to adopt, approve, or certify a negative declaration, addendum, environmental impact report, or comparable environmental review document, is deemed a final disapproval of the housing project for purposes of filing a petition to enforce the provisions of the act if the applicant gives timely written notice to the local agency, as specified, and the agency does not issue the exemption or adopt, approve, or certify a negative declaration, addendum, environmental impact report, or comparable environmental review document within 90 days of the applicant's notice. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

Bill Text

• Amended 08/02/22 - Amended Senate Current pdf August 02, 2022
• Amended 08/01/22 - Amended Senate pdf August 01, 2022
• Amended 06/23/22 - Amended Senate pdf June 23, 2022
• Amended 04/18/22 - Amended Assembly pdf April 18, 2022
• Amended 03/24/22 - Amended Assembly pdf March 24, 2022
• Introduced 02/18/22 - Introduced pdf February 18, 2022
• AB2656 View text html

Action History

1. August 11, 2022

   In committee: Held under submission.

2. August 08, 2022

   In committee: Referred to suspense file.

3. August 02, 2022

   From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR.

4. August 01, 2022

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

5. June 30, 2022

   From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 4. Noes 0.) (June 29).

6. June 23, 2022

   From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on GOV. & F.

7. June 14, 2022

   From committee: Do pass and re-refer to Com. on GOV. & F. (Ayes 8. Noes 0.) (June 13). Re-referred to Com. on GOV. & F.

8. June 09, 2022

   Action rescinded whereby the bill was referred to Com. on E.Q.

9. June 08, 2022

   Referred to Coms. on HOUSING, GOV. & F. and E.Q.

10. May 27, 2022

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

11. May 26, 2022

    Read third time. Passed. Ordered to the Senate. (Ayes 68. Noes 3.)

12. May 19, 2022

    Read second time. Ordered to third reading.

13. May 19, 2022

    From committee: Do pass. (Ayes 16. Noes 0.) (May 19).

14. May 11, 2022

    In committee: Set, first hearing. Referred to suspense file.

15. April 26, 2022

    From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 2.) (April 25). Re-referred to Com. on APPR.

16. April 20, 2022

    From committee: Do pass and re-refer to Com. on NAT. RES. (Ayes 8. Noes 0.) (April 20). Re-referred to Com. on NAT. RES.

17. April 19, 2022

    Re-referred to Com. on H. & C.D.

18. April 18, 2022

    From committee chair, with author's amendments: Amend, and re-refer to Com. on H. & C.D. Read second time and amended.

19. March 28, 2022

    Re-referred to Com. on H. & C.D.

20. March 24, 2022

    From committee chair, with author's amendments: Amend, and re-refer to Com. on H. & C.D. Read second time and amended.

21. March 24, 2022

    Referred to Coms. on H. & C.D. and NAT. RES.

22. February 19, 2022

    From printer. May be heard in committee March 21.

23. February 18, 2022

    Introduced. To print.

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