BillCam

Amended IN Assembly April 10, 2025
Amended IN Assembly March 24, 2025

CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION

Assembly Bill

No. 1026

Introduced by Assembly Member Wilson
(Coauthor: Assembly Member Wicks)(Coauthors: Assembly Members Haney and Wicks)

February 20, 2025

An act to amend Section 65913.3 of add Section 65913.3.2 to the Government Code, relating to housing.

LEGISLATIVE COUNSEL'S DIGEST

AB 1026, as amended, Wilson. Planning and zoning: housing development projects: postentitlement phase permits. permits: electrical corporations.

Existing law relating to housing development approval requires a local agency to compile a list of information needed to approve or deny a postentitlement phase permit, to post an example of a complete, approved application and an example of a complete set of postentitlement phase permits for at least 5 types of housing development projects in the jurisdiction, as specified, and to make those items available to all applicants for these permits no later than January 1, 2024. Existing law defines “local agency” to mean any city, county, or city and county. Existing law defines “postentitlement phase permit” to include all nondiscretionary permits and reviews that are required or issued by the local agency after the entitlement phase has been completed to begin construction of a development that is intended to be at least 23 residential, excluding discretionary and ministerial planning permits, entitlements, and certain other permits and reviews. Existing law excludes from the definition of “postentitlement phase permit” permits required and issued by the California Coastal Commission, a special district, a utility that is not owned and operated by a local agency, or any other entity that is not a city, county, or city and county.

This bill would modify the definition of “local agency” to additionally include any electrical corporation, as defined, thereby requiring these entities to comply with the above-described requirements relating to postentitlement phase permits. The bill would also modify the definition of “postentitlement phase permit” to remove the exclusion for permits required and issued by utilities that are not owned and operated by a local agency, thereby expanding the scope of the above-described requirements on a local agency to apply to postentitlement phase permits required and issued by those entities.

This bill would require an electrical corporation, as defined, to compile a list of information needed to approve or deny a postentitlement phase permit, to post an example of a complete, approved application and an example of a complete set of postentitlement phase permits for a housing development project, and to make those items available to all applicants for these permits no later than July 1, 2026. The bill would also require an electrical corporation to determine if an application for those permits is complete and provide notice or otherwise provide certain information under a specified procedure. The bill would define various terms for its purposes.

The Housing Accountability Act, among other things, prohibits a local agency from disapproving, or conditioning approval in a manner that renders infeasible, specified housing development projects, including projects for very low, low, or moderate-income households and projects for emergency shelters, that comply with applicable, objective general plan, zoning, and subdivision standards and criteria in effect at the time the application for the project is deemed complete, unless the local agency makes specified written findings supported by a preponderance of the evidence in the record. The act authorizes a project applicant, a person who would be eligible to apply for residency in the housing development or emergency shelter, or a housing organization to bring a lawsuit to enforce its provisions.

This bill would establish time limits for completing reviews regarding whether an application for a postentitlement phase permit is complete and compliant, and whether to approve or deny an application, as specified, and would make any failure to meet these time limits a violation of the Housing Accountability Act.

The California Coastal Act of 1976 provides for the planning and regulation of development, under a coastal development permit process, within the coastal zone, as defined, based on various coastal resources planning and management policies set forth in the act.

This bill would provide that the above provisions would not apply to permits required and issued by specified government agencies, including permits required and issued by the California Coastal Commission.

Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO

Bill Text

The people of the State of California do enact as follows:

SECTION 1. Section 65913.3.2 is added to the Government Code, to read:

65913.3.2. (a) (1) An electrical corporation shall compile one or more lists that shall specify in detail the information that will be required from any applicant for a postentitlement phase permit. The electrical corporation may revise the lists of information required from an applicant. Any revised list shall not apply to any permit pending review.

(2) An electrical corporation shall post an example of a complete, approved application and an example of a complete set of postentitlement phase permits for a housing development project.

(3) An electrical corporation shall make the items required by paragraphs (1) and (2) available on its internet website no later than July 1, 2026.

(b) (1) (A) An electrical corporation shall determine whether an application for a postentitlement phase permit is complete and provide written notice of this determination to the applicant not later than 15 business days after the electrical corporation received the application.

(B) If the electrical corporation determines an application is incomplete, the electrical corporation shall provide the applicant with a list of incomplete items and a description of how the application can be made complete. The list shall be limited to incomplete items that are included on the lists required by paragraph (1) of subdivision (a). The list and description shall be provided with the written notice required by subparagraph (A).

(2) (A) After receiving a notice that the application was incomplete, an applicant may cure and address the items that are deemed to be incomplete by the electrical corporation.

(B) In the review of an application submitted pursuant to subparagraph (A), the electrical corporation shall not require the application to include an item that was not included in the list required by subparagraph (B) of paragraph (1).

(C) If an applicant submits an application pursuant to subparagraph (A), the electrical corporation shall determine whether the additional application has remedied all incomplete items listed in the determination issued pursuant to subparagraph (B) of paragraph (1). This additional application is subject to the timelines and requirements specified in subparagraph (A) of paragraph (1).

(3) If an electrical corporation does not make a timely determination as required by paragraph (1) or (2) and the application or resubmitted application states that it is for a postentitlement phase permit, the application or resubmitted application shall be deemed to be complete for the purposes of this chapter.

(c) (1) (A) For housing development projects with 25 units or fewer, an electrical corporation shall complete the review and do either of the following:

(i) If the electrical corporation determines that the complete application is not compliant with the permit standards, return in writing a full set of comments to the applicant with a comprehensive request for revisions.

(ii) If the electrical corporation determines that the complete application is compliant with the permit standards, return the approved permit application on each postentitlement phase permit requested.

(B) The electrical corporation shall immediately transmit that determination to the applicant by electronic mail and, if applicable, by posting the response on its internet website not later than 30 business days after the electrical corporation determines that an application for a postentitlement phase permit is complete pursuant to subdivision (b).

(2) (A) For housing development projects with 26 units or more, an electrical corporation shall complete the review and do either of the following:

(B) The electrical corporation shall immediately transmit that determination to the applicant by electronic mail and, if applicable, by posting the response on its internet website not later than 60 business days after the electrical corporation determines that an application for a postentitlement phase permit is complete pursuant to subdivision (b).

(3) If the electrical corporation requires review of the application by an outside entity, the time limits in this subdivision shall be tolled until the outside entity completes the review and returns the application to the electrical corporation, at which point the electrical corporation shall complete the review within the time remaining under the time limit, provided that the electrical corporation notifies the applicant within three business days by electronic mail and, if applicable, by posting the notification on its internet website of the tolling and resumption of the time limit.

(d) (1) If an electrical corporation finds that a complete application is noncompliant, the electrical corporation shall provide the applicant with a list of items that are noncompliant and a description of how the application can be remedied by the applicant within the time limits specified in subdivision (c).

(2) The electrical corporation shall provide the list and description authorized by paragraph (1) when it transmits its determination to the applicant as required by subdivision (c).

(3) If an electrical corporation denies a postentitlement phase permit application based on a determination that the application is noncompliant, the applicant may attempt to remedy the application.

(4) If an applicant submits an application pursuant to paragraph (3), the additional application is subject to the timelines of a new application as specified in subdivision (c).

(e) (1) If a postentitlement phase permit is determined to be incomplete under subdivision (b) or denied or determined to be noncompliant under subdivision (c) or (d), the electrical corporation shall provide a process for the applicant to appeal that decision.

(2) (A) With respect to a postentitlement phase permit concerning housing development projects with 25 units or fewer, an electrical corporation on the appeal shall provide a final written determination by not later than 60 business days after receipt of the applicant’s written appeal.

(B) With respect to a postentitlement phase permit concerning housing development projects with 26 units or more, an electrical corporation on the appeal shall provide a final written determination by not later than 90 business days after receipt of the applicant’s written appeal.

(f) If an electrical corporation fails to meet the time limits in this section, it shall be in violation of Section 65589.5.

(g) This section does not place limitations on the amount of feedback that an electrical corporation may provide or revisions that an electrical corporation may request of an applicant.

(h) This section does not preclude an applicant and an electrical corporation from mutually agreeing to an extension of any time limit provided by this section. However, an electrical corporation shall not require an agreement as a condition of accepting the application for, or processing of, a postentitlement phase permit, unless the agreement is obtained for the purpose of permitting concurrent processing of related approvals or an environmental review on the same housing development project.

(i) For purposes of this section, the following definitions apply:

(1) “Electrical corporation” has the same meaning as in Section 218 of the Public Utilities Code.

(2) “Housing development project” has the same meaning as in paragraph (3) of subdivision (b) of Section 65905.5.

(3) (A) “Postentitlement phase permit” includes both of the following:

(i) All nondiscretionary permits and reviews that are required or issued by the electrical corporation after the entitlement process has been completed to begin construction of a development that is intended to be at least two-thirds residential, excluding discretionary and ministerial planning permits, entitlements, and other permits and reviews that are covered under Chapter 4.5 (commencing with Section 65920). A postentitlement phase permit includes, but is not limited to, all of the following:

(I) Building permits, and all interdepartmental review required for the issuance of a building permit.

(II) Permits for minor or standard off-site improvements.

(III) Permits for demolition.

(IV) Permits for minor or standard excavation and grading.

(ii) All building permits and other permits issued under the California Building Standards Code (Title 24 of the California Code of Regulations) or any applicable local building code for the construction, demolition, or alteration of buildings, whether discretionary or nondiscretionary.

(B) An electrical corporation may identify a threshold for determining whether a permit constitutes a “minor” or “standard” permit for the purposes of this paragraph, which shall be supported by written findings.

(C) A postentitlement phase permit does not include a permit required and issued by the California Coastal Commission, a special district, or any other entity that is not a city, county, or city and county.

SECTION 1.Section 65913.3 of the Government Code is amended to read:65913.3.

(a)(1)A local agency shall compile one or more lists that shall specify in detail the information that will be required from any applicant for a postentitlement phase permit. The local agency may revise the lists of information required from an applicant. Any revised list shall not apply to any permit pending review.

(2)A local agency shall post an example of a complete, approved application and an example of a complete set of postentitlement phase permits for at least five types of housing development projects in the jurisdiction, including, but not limited to, accessory dwelling unit, duplex, multifamily, mixed use, and townhome.

(3)A local agency shall make the items required by paragraphs (1) and (2) available on the agency’s internet website no later than January 1, 2024.

(b)(1)(A)A local agency shall determine whether an application for a postentitlement phase permit is complete and provide written notice of this determination to the applicant no later than 15 business days after the local agency received the application.

(B)If the local agency determines an application is incomplete, the local agency shall provide the applicant with a list of incomplete items and a description of how the application can be made complete. The list shall be limited to incomplete items that are included on the lists required by paragraph (1) of subdivision (a). The list and description shall be provided with the written notice required by subparagraph (A).

(2)(A)After receiving a notice that the application was incomplete, an applicant may cure and address the items that are deemed to be incomplete by the local agency.

(B)In the review of an application submitted pursuant to subparagraph (A), the local agency shall not require the application to include an item that was not included in the list required by subparagraph (B) of paragraph (1).

(C)If an applicant submits an application pursuant to subparagraph (A), the local agency shall determine whether the additional application has remedied all incomplete items listed in the determination issued pursuant to subparagraph (B) of paragraph (1). This additional application is subject to the timelines and requirements specified in subparagraph (A) of paragraph (1).

(3)If a local agency does not make a timely determination as required by paragraph (1) or (2) and the application or resubmitted application states that it is for a postentitlement phase permit, the application or resubmitted application shall be deemed to be complete for the purposes of this chapter.

(c)(1)(A)For housing development projects with 25 units or fewer, a local agency shall complete the review and do either of the following:

(i)If the local agency determines that the complete application is not compliant with the permit standards, return in writing a full set of comments to the applicant with a comprehensive request for revisions.

(ii)If the local agency determines that the complete application is compliant with the permit standards, return the approved permit application on each postentitlement phase permit requested.

(B)The local agency shall immediately transmit that determination to the applicant by electronic mail and, if applicable, by posting the response on its internet website in the manner prescribed in subdivision (b) of Section 65913.3.5 not later than 30 business days after the local agency determines that an application for a postentitlement phase permit is complete pursuant to subdivision (b).

(2)(A)For housing development projects with 26 units or more, a local agency shall complete the review and do either of the following:

(ii)If the local agency determines that the complete application is compliant with the permit standards, return the approved permit application on each postentitlement phase permit requested.

(B)The local agency shall immediately transmit that determination to the applicant by electronic mail and, if applicable, by posting the response on its internet website in the manner prescribed in subdivision (b) of Section 65913.3.5 not later than 60 business days after the local agency determines that an application for a postentitlement phase permit is complete pursuant to subdivision (b).

(3)Once a local agency determines that a postentitlement permit is compliant with applicable permit standards pursuant to paragraph (1) or (2) the local agency shall not subject the postentitlement phase permit to any appeals or additional hearing requirements.

(4)(A)The time limits in this subdivision shall not apply if the local agency makes written findings within the time limits specified in paragraph (1) or (2) based on substantial evidence in the record that the proposed postentitlement phase permit might have a specific, adverse impact on public health or safety and that additional time is necessary to process the application.

(B)For the purposes of this paragraph, “specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.

(5)If the local agency requires review of the application by an outside entity, the time limits in this subdivision shall be tolled until the outside entity completes the review and returns the application to the local agency, at which point the local agency shall complete the review within the time remaining under the time limit, provided that the local agency notifies the applicant within three business days by electronic mail and, if applicable, by posting the notification on its internet website in the manner prescribed in subdivision (b) of Section 65913.3.5 of the tolling and resumption of the time limit.

(d)(1)If a local agency finds that a complete application is noncompliant, the local agency shall provide the applicant with a list of items that are noncompliant and a description of how the application can be remedied by the applicant within the time limits specified in subdivision (c).

(2)The local agency shall provide the list and description authorized by paragraph (1) when it transmits its determination to the applicant as required by subdivision (c).

(3)If a local agency denies a postentitlement phase permit application based on a determination that the application is noncompliant, the applicant may attempt to remedy the application.

(4)If an applicant submits an application pursuant to paragraph (3), the additional application is subject to the timelines of a new application as specified in subdivision (c).

(e)(1)If a postentitlement phase permit is determined to be incomplete under subdivision (b) or denied or determined to be noncompliant under subdivision (c) or (d), the local agency shall provide a process for the applicant to appeal that decision in writing to the governing body of the agency or, if there is no governing body, to the director of the agency, as provided by that agency. A city or county shall provide that the right of appeal is to the governing body or, at their option, the planning commission, or both.

(2)(A)With respect to a postentitlement phase permit concerning housing development projects with 25 units or fewer, a local agency on the appeal shall provide a final written determination by not later than 60 business days after receipt of the applicant’s written appeal. The fact that an appeal is permitted to both the planning commission and to the governing body does not extend the 60-business-day period.

(B)With respect to a postentitlement phase permit concerning housing development projects with 26 units or more, a local agency on the appeal shall provide a final written determination by not later than 90 business days after receipt of the applicant’s written appeal. The fact that an appeal is permitted to both the planning commission and to the governing body does not extend the 90-business-day period.

(f)If a local agency fails to meet the time limits in this section, it shall be in violation of Section 65589.5.

(g)This section does not place limitations on the amount of feedback that a local agency may provide or revisions that a local agency may request of an applicant.

(h)For residential or residential mixed-use developments that are subject to the requirements set forth in Section 65913.4, the provisions of paragraph (2) of subdivision (h) of Section 65913.4 shall apply. Permits for these developments that are subject to paragraph (2) of subdivision (h) of Section 65913.4 shall not be in conflict with the requirements of this section. The local agency shall comply with both sets of standards.

(i)This section does not preclude an applicant and a local agency from mutually agreeing to an extension of any time limit provided by this section. However, a local agency shall not require an agreement as a condition of accepting the application for, or processing of, a postentitlement phase permit, unless the agreement is obtained for the purpose of permitting concurrent processing of related approvals or an environmental review on the same housing development project.

(j)For purposes of this section, all of the following definitions apply:

(1)“Housing development project” has the same meaning as in paragraph (3) of subdivision (b) of Section 65905.5.

(2)“Local agency” means any county, city, city and county, or electrical corporation, as defined in Section 218 of the Public Utilities Code.

(3)(A)“Postentitlement phase permit” includes both of the following:

(i)All nondiscretionary permits and reviews that are required or issued by the local agency after the entitlement process has been completed to begin construction of a development that is intended to be at least two-thirds residential, excluding discretionary and ministerial planning permits, entitlements, and other permits and reviews that are covered under Chapter 4.5 (commencing with Section 65920). A postentitlement phase permit includes, but is not limited to, all of the following:

(I)Building permits, and all interdepartmental review required for the issuance of a building permit.

(II)Permits for minor or standard off-site improvements.

(III)Permits for demolition.

(IV)Permits for minor or standard excavation and grading.

(ii)All building permits and other permits issued under the California Building Standards Code (Title 24 of the California Code of Regulations) or any applicable local building code for the construction, demolition, or alteration of buildings, whether discretionary or nondiscretionary.

(B)A local agency may identify by ordinance a threshold for determining whether a permit constitutes a “minor” or “standard” permit for the purposes of this paragraph, which shall be supported by written findings adopted by the jurisdiction.

(C)A postentitlement phase permit does not include a permit required and issued by the California Coastal Commission, a special district, or any other entity that is not a city, county, or city and county.