AB 1561

  • California Assembly Bill
  • 2019-2020 Regular Session
  • Introduced in Assembly Feb 22, 2019
  • Passed Assembly May 16, 2019
  • Passed Senate Aug 30, 2020
  • Signed by Governor Sep 28, 2020

Planning and zoning: housing element and entitlement extensions.

Abstract

The Planning and Zoning Law requires a city or county to adopt a general plan for land use and development within its boundaries that includes, among other things, a housing element. The housing element is required to include an analysis of potential and actual governmental constraints upon the maintenance, improvement, or development of housing for all income levels and for persons with disabilities, as provided. This bill would additionally authorize an analysis, at the department's discretion, of those constraints upon housing for persons with a characteristic identified by a specified provision of the Unruh Civil Rights Act. By increasing the duties of local officials, this bill would impose a state-mandated local program. Existing law requires a lead agency to consult with a California Native American tribe prior to releasing a negative declaration, mitigated negative declaration, or environmental impact report for a project where the California Native American tribe is traditionally and culturally affiliated with the geographic area and the tribe responds in writing within 30 days. This bill would extend the California Native American tribe's time for response by an additional 30 days for any housing development project application completed between March 4, 2020, and December 31, 2021. Existing law, the Permit Streamlining Act, among other things, requires a public agency that is the lead agency for a development project to approve or disapprove that project within specified time periods. This bill would extend by 18 months the period for the expiration, effectuation, or utilization of a housing entitlement, as defined, that was issued before, and was in effect on, March 4, 2020, and that will expire before December 31, 2021, except as specified. The bill would also provide that if the state or a local agency extends, on or after March 4, 2020, but before the effective date of the bill, the otherwise applicable time for the expiration, effectuation, or utilization of a housing entitlement for not less than 18 months and pursuant to the same conditions provided by this bill, that housing entitlement shall not be extended an additional 18 months pursuant to this bill. This bill clarifies that nothing in these provisions is intended to preclude a local government from exercising its existing authority to provide an extension to an entitlement. By adding to the duties of local officials with respect to housing entitlements, this 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. This bill would incorporate additional changes to Section 65583 of the Government Code proposed by SB 1138 to be operative only if this bill and SB 1138 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.

Bill Sponsors (3)

Votes


Actions


Sep 28, 2020

California State Legislature

Approved by the Governor.

California State Legislature

Chaptered by Secretary of State - Chapter 195, Statutes of 2020.

Sep 14, 2020

California State Legislature

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

Aug 31, 2020

Assembly

Joint Rule 62(a), file notice suspended. (Page 5456.)

Assembly

Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 74. Noes 1. Page 5503.).

Assembly

Assembly Rule 63 suspended. (Ayes 57. Noes 16. Page 5498.)

Assembly

From committee: That the Senate amendments be concurred in. (Ayes 8. Noes 0.) (August 31).

Aug 30, 2020

Senate

Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0.).

Assembly

Re-referred to Com. on H. & C.D. pursuant to Assembly Rule 77.2.

  • Referral-Committee
Com. on H. & C.D. pursuant to Assembly Rule 77.2.

Assembly

In Assembly. Concurrence in Senate amendments pending.

Aug 26, 2020

Senate

Read second time. Ordered to third reading.

Aug 25, 2020

Senate

Read third time and amended. Ordered to second reading.

Jun 25, 2020

Senate

Read second time. Ordered to third reading.

Jun 24, 2020

Senate

Withdrawn from committee.

Senate

Ordered to second reading.

Jun 23, 2020

Senate

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

  • Reading-1
  • Reading-2
  • Amendment-Passage
  • Referral-Committee
  • Amendment-Introduction
Com. on RLS.

Sep 09, 2019

Senate

Re-referred to Com. on RLS. pursuant to Senate Rule 29.10(c).

  • Referral-Committee
Com. on RLS. pursuant to Senate Rule 29.10(c).

Senate

Read second time. Ordered to third reading.

Sep 06, 2019

Senate

From inactive file.

Senate

Read second time and amended. Ordered returned to second reading.

Senate

Ordered to second reading.

Sep 03, 2019

Senate

Ordered to inactive file at the request of Senator Hertzberg.

Aug 13, 2019

Senate

Read second time. Ordered to third reading.

Aug 12, 2019

Senate

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

Jul 03, 2019

Senate

From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (July 2). Re-referred to Com. on APPR.

  • Committee-Passage-Favorable
  • Committee-Passage
  • Referral-Committee
Com. on APPR.

Jun 19, 2019

Senate

From committee: Do pass and re-refer to Com. on JUD. (Ayes 8. Noes 0.) (June 18). Re-referred to Com. on JUD.

  • Committee-Passage-Favorable
  • Committee-Passage
  • Referral-Committee
Com. on JUD.

May 29, 2019

Senate

Referred to Coms. on HOUSING and JUD.

  • Referral-Committee
Coms. on HOUSING and JUD.

May 16, 2019

Assembly

Read third time. Passed. Ordered to the Senate. (Ayes 74. Noes 0. Page 1772.)

Senate

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

May 09, 2019

Assembly

Read second time. Ordered to Consent Calendar.

May 08, 2019

Assembly

From committee: Do pass. To Consent Calendar. (Ayes 18. Noes 0.) (May 8).

Apr 30, 2019

Assembly

Re-referred to Com. on APPR.

  • Referral-Committee
Com. on APPR.

Apr 29, 2019

Assembly

Read second time and amended.

Apr 25, 2019

Assembly

From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 12. Noes 0.) (April 25).

Assembly

From committee: Do pass and re-refer to Com. on JUD. (Ayes 8. Noes 0.) (April 24). Re-referred to Com. on JUD.

  • Committee-Passage-Favorable
  • Committee-Passage
  • Referral-Committee
Com. on JUD.

Apr 22, 2019

Assembly

Joint Rule 62(a), file notice suspended. (Page 1238.)

Assembly

(pending re-referral to Com. on JUD.)

Assembly

Assembly Rule 56 suspended. (Page 1238.)

Assembly

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

  • Referral-Committee
Com. on H. & C.D.

Apr 11, 2019

Assembly

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

Apr 10, 2019

Assembly

In committee: Set, first hearing. Hearing canceled at the request of author.

Mar 14, 2019

Assembly

Referred to Coms. on H. & C.D. and JUD.

  • Referral-Committee
Coms. on H. & C.D. and JUD.

Feb 25, 2019

Assembly

Read first time.

Feb 23, 2019

Assembly

From printer. May be heard in committee March 25.

Feb 22, 2019

Assembly

Introduced. To print.

Bill Text

Bill Text Versions Format
AB1561 HTML
02/22/19 - Introduced PDF
04/11/19 - Amended Assembly PDF
04/29/19 - Amended Assembly PDF
09/06/19 - Amended Senate PDF
06/23/20 - Amended Senate PDF
08/25/20 - Amended Senate PDF
09/04/20 - Enrolled PDF
09/28/20 - Chaptered PDF

Related Documents

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Sources

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