Why this matters: This law decreases the amount of time housing development projects wait for approval, empowering more construction at a time when supply of housing is limited.
Halving the wait time
The permitting process is — to put it simply — complicated.
However, the first hurdle before ground can be broken are the lead public agencies weighing whether to approve or disapprove the project.
New legislation cuts that decision time in half.
Assembly bill 1007 amends the 90 days to issue a decision replaced with 45 days to approve or disapprove when a development project meets specified administrative conditions. [GC §65952(b)]
This change specifically applies to housing development projects when an environmental impact report is prepared. [GC §§65950(a)(2); 65950(a)(3)]
Extensions can be arranged between the lead agency and the applicant. Additionally, 90-day extensions exist to timely complete and certify the environmental impact report. [GC §§65950(b); 65950.1)]
However, when the lead agency fails to provide a final decision by the deadline, the permit shall be automatically approved. [GC §§65956(b)]
The legislation also declares the increased duties for local officials applies to all cities including charter cities. [AB 107 §2]
However, while the California Constitution requires the state to reimburse state-mandated costs, local agencies and school districts already have the authority to generate funds from fees and charges to pay for the increased services. [GC §17556]
Related article:
Exceptions that get more time
While housing developments will benefit from this streamlined process, several exceptions are built into the legislation.
The original 90-day timeline remains when the approving agency is either the California Coastal Commission or the San Francisco Bay Conservation and Development Commission. [GC §65952(c)(1)]
More complications can also arise when looking at issues of water quality or waste discharge, since the State Water Resources Control Board and California Regional Water Quality Control Boards also receive the longer 90-day timeline. [GC §65952(c)(2)]
For those unaffected by the 45-day rule, approval or disapproval is granted by the longer of 90 days from the lead agency’s approval or 90 days from the responsible agency receiving the completed application and approval. [GC §65952(c)(2)]
When the project is not housing, the original 180-day window for approval stands. [GC §65952(a)]
Related article:
Updates to the permitting and approval of new housing developments
