AB 1413: Housing Accountability Act: disapprovals: California Environmental Quality Act.

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.

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 as including, among other things, until January 1, 2031, any instance in which a local agency 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, or fails to make a determination of whether the project is exempt from CEQA or commits an abuse of discretion if certain conditions are met, including that the applicant has given timely written notice to the local agency, as specified. The act requires the local agency, within 5 working days of receiving the notice, to file the notice with the county clerk for each county in which the project will be located, as specified.

This bill would also require the local agency, within 5 working days of receiving the notice, to post the notice on the local agencys internet website and provide a copy to specified persons. The bill would additionally require the local agency to consider all objections, comments, evidence, and concerns submitted about the project or the applicants written notice, and would prohibit the local agency from making a determination until at least 60 days after the applicant has given timely written notice. The bill would make technical changes to the above-described provisions of the act defining disapprove the housing development.

This bill would incorporate additional changes to Section 65589.5 of the Government Code proposed by AB 1893 to be operative only if this bill and AB 1893 are enacted and this bill is enacted last.

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.