california legislature—2023–24 regular session
ASSEMBLY BILL No. 3068
Introduced by Assembly Member Haney
February 16, 2024
An act to amend Section 65585 of, and to add Chapter 8 (commencing with Section 51298) to P art 1 of Di vision 1 of Title 5 of, and to add Article 11.5 (commencing with Section 65658) to Chapter 3 of Division 1 of Title 7 of, the Government Code, relating to housing. legislative counsel’s digest
AB 3068, as introduced, Haney. Adaptive reuse: streamlining:
incentives.
The Planning and Zoning Law requires each county and city to adopt a comprehensive, long-term general plan for its physical development, and the de velopment of certain lands outside its boundaries, that includes, among other mandatory elements, a housing element. That law allows a de velopment proponent to submit an application for a development that is subject to a specified streamlined, ministerial approval process not subject to a conditional use permit, if the development satisfies certain objecti ve planning standards, including that the development is a multifamily housing development that contains two or more residential units.
This bill would deem an adaptive reuse project a use by right in all zones, regardless of the zoning of the site, and subject to a streamlined, ministerial review process if the project meets specified requirements.
In this re gard, an adapti ve reuse project, in order to qualify for the streamlined, ministerial re view process, w ould be required to be proposed for an existing building that is less than 50 years old or meets certain requirements re garding the preservation of historic resources,
99 including the signing of an affida vit declaring that the project will comply with the United States Secretary of the Interior’s Standards for Rehabilitation or recei ve federal or state historic rehabilitation tax credits, as specified. The bill would require an adapti ve reuse project to comply with an y broadly applicable housing af fordability requirement, as defined, adopted by the local go vernment and would require at least one-half of the square footage of the adapti ve reuse project to be dedicated to residential uses, unless the project is an office conversion project, as specified. The bill would authorize an adaptive reuse project subject to these provisions to include the development of new residential or mix ed-use structures on unde veloped areas and parking areas on the parcels adjacent to the proposed adapti ve reuse project site if certain conditions are met. The bill w ould, if a local government’s planning director or equivalent position determines that the adaptive reuse project submitted pursuant to these pro visions is consistent with the objecti ve planning standards, require the local government to appro ve the adapti ve reuse project within specified timeframes.
By requiring local go vernments to implement the streamlined, ministerial review process for adapti ve reuse projects, the bill w ould impose a state-mandated local program. By requiring certain development proponents of an adaptive reuse project to sign an affidavit regarding the preservation of historic resources, the bill would expand the crime of perjury and therefore impose a state-mandated local program.
This bill would exempt an adaptive reuse project from all impact fees that are not directly related to the impacts resulting from the change of use of the site from nonresidential to residential or mixed use and would require any fees charged to be proportional to the difference in impacts caused by the change of use.
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 en vironmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment. CEQA does not apply to the appro val of ministerial projects.
This bill, by establishing the streamlined, ministerial review process described above, would exempt the approval of adaptive reuse projects subject to those processes from CEQA.
99 — 2 — AB 3068
This bill would authorize a city or county, commencing in the 2024–25 fiscal year, to establish an adaptive reuse investment incentive program to pay adapti ve reuse in vestment incentive funds, as defined, to the proponent of an adapti ve reuse project appro ved pursuant to the streamlined, ministerial process described above for up to 15 consecutive fiscal years. The bill would define “adaptive reuse investment incentive funds” to mean an amount up to or equal to the amount of ad valorem property tax revenue allocated to the participating local agenc y from the taxation of that portion of the total assessed v alue of the real and personal property of an adaptive reuse project property that is in excess of the qualified adaptive reuse project property’s valuation at the time of the proponent’s initial request for funding.
The bill w ould include findings that changes proposed by this bill address a matter of state wide concern rather than a municipal af fair and, therefore, apply to all cities, including charter cities.
The California Constitution requires the state to reimb urse 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 specified reasons.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
line 1 SECTION 1. Chapter 8 (commencing with Section 51298) is line 2 added to Part 1 of Division 1 of Title 5 of the Government Code, line 3 to read:
line 4
line 5 Chapter 8. Adaptive Reuse Investment Incentive line 6 Program
line 7
line 8 51298. It is the intent of the Legislature in enacting this chapter line 9 to pro vide cities and counties with opportunities to adapti vely line 10 reuse e xisting b uildings, such as office b uildings, in order to line 11 facilitate their conversion to housing and mixed uses. line 12 51298.1. For purposes of this chapter:
line 13 (a) “Adaptive reuse in vestment incentive funds” means, with line 14 respect to a qualified adaptive reuse project property for a relevant line 15 fiscal year, an amount up to or equal to the amount of ad valorem 99 AB 3068 — 3 —
line 1 property tax re venue allocated to the participating local agenc y, line 2 excluding the revenue transfers required by Sections 97.2 and 97.3 line 3 of the Revenue and Taxation Code, from the taxation of that portion line 4 of the total assessed value of the real and personal property of an line 5 adaptive reuse project property that is in e xcess of the qualified line 6 adaptive reuse project property’ s v aluation at the time of the line 7 proponent’s initial request for funding.
line 8 (b) “Program” means an adapti ve reuse in vestment incentive line 9 program established pursuant to Section 51298.2. line 10 (c) (1) “Proponent” means a party or parties that meet all of line 11 the following criteria:
line 12 (A) The party is named in the application for a permit to line 13 construct a qualified adaptive reuse project submitted to the city line 14 or county.
line 15 (B) The party will either be the fee o wner of the qualified line 16 adaptive reuse project property upon the completion of that line 17 development or the party enters a sale-leaseback transaction for line 18 the qualified adaptive reuse project property.
line 19 (2) If a proponent that is receiving capital investment incentive line 20 amounts subsequently leases the qualified adapti ve reuse project line 21 property to another party, the lease may provide for the payment line 22 to that lessee of any portion of adaptive reuse investment incentive line 23 funds. A lessee that recei ves an y portion of adapti ve reuse line 24 investment incentive funds shall also be considered a proponent line 25 for the purposes of this chapter.
line 26 (d) “Qualified adapti ve reuse project property” means an line 27 adaptive reuse proposed pursuant to Article 11.5 (commencing line 28 with Section 65658) of Chapter 3 of Di vision 1 of Title 7 that is line 29 located within the city or county.
line 30 51298.2. (a) Commencing in the 2024–25 fiscal year , the line 31 governing body of a city or county may, by ordinance or resolution, line 32 establish an adaptive reuse investment incentive program pursuant line 33 to this chapter.
line 34 (b) (1) A city or county that establishes a program shall, upon line 35 the appro val by a majority of the entire membership of its line 36 governing body of a written request therefor , pay adaptive reuse line 37 investment incentive funds to the proponent of a qualified adaptive line 38 reuse project property for up to 15 consecutive fiscal years. line 39 (2) A request for the payment of adapti ve reuse in vestment line 40 incentive funds shall be filed by a proponent in writing with the 99 — 4 — AB 3068
line 1 governing body of the city or county in the time and manner line 2 established by that governing body.
line 3 (c) After a city or county approves a request for the payment of line 4 adaptive reuse in vestment incentive funds, payment of adapti ve line 5 reuse investment incentive funds shall be gin with the first fiscal line 6 year that commences after the qualified adapti ve reuse property line 7 is issued a certificate of occupancy.
line 8 51298.3. A city or special district may pay to the city or county line 9 an amount equal to the amount of ad valorem property tax revenue line 10 allocated to that city or special district, but not the actual allocation, line 11 derived from the taxation of that portion of the total assessed value line 12 of that real property that is in e xcess of the property’ s valuation line 13 at the time of the proponent’s initial request for funding. line 14 SEC. 2. Article 11.5 (commencing with Section 65658) is line 15 added to Chapter 3 of Di vision 1 of Title 7 of the Government line 16 Code, to read:
line 17
line 18 Article 11.5. Office to Housing Conversion Act line 19
line 20 PART 1. GENERAL PROVISIONS
line 21
line 22 65658. This article may be cited as the Office to Housing line 23 Conversion Act.
line 24 65658.1. For purposes of this article:
line 25 (a) (1) “Adaptive reuse” means the retrofitting and repurposing line 26 of an e xisting building to create ne w residential or mix ed uses line 27 including office conversion projects.
line 28 (2) “Adaptive reuse” shall not include the retrofitting and line 29 repurposing of any light industrial use, unless the planning director line 30 or equivalent position determines that the specific light industrial line 31 use is no longer useful for industrial purposes. line 32 (b) “Adjacent portion of the project” means the portion of the line 33 project located on a site adjacent to the proposed repurposed line 34 existing building.
line 35 (c) “Broadly applicable housing af fordability requirement” line 36 means a local ordinance or other re gulation that requires a line 37 minimum percentage of af fordable units and that applies to a line 38 variety of housing development types or entitlement pathways. line 39 (d) “Impact fee” means any fee imposed pursuant to Chapter 5 line 40 (commencing with Section 66000).
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line 1 (e) “Historical resource” means the same as defined in line 2 subdivision (j) of Section 5020.1 of the Public Resources Code, line 3 or a resource listed in the California Re gister of Historical line 4 Resources as described in Section 5024.1 of the Public Resources line 5 Code.
line 6 (f) “Light industrial use” means a use that is not subject to line 7 permitting by a district, as defined in Section 39025 of the Health line 8 and Safety Code.
line 9 (g) “Local government” means a city, including a charter city, line 10 a county, or a city and county.
line 11 (h) “Mixed use” means residential uses combined with at least line 12 one other land use, but not including any industrial use. line 13 (i) “Office con version project” means the con version of a line 14 building used for office purposes or a v acant office building into line 15 residential dwelling units.
line 16 (j) “Persons and f amilies of lo w or moderate income” means line 17 the same as defined in Section 50093 of the Health and Safety line 18 Code.
line 19 (k) “Phase I en vironmental assessment” means the same as line 20 defined in Section 78090 of the Health and Safety Code. line 21 (l) “Phase II en vironmental assessment” means the same as line 22 defined in Section 25403 of the Health and Safety Code. line 23 (m) “Preliminary endangerment assessment” means the same line 24 as defined in Section 78095 of the Health and Safety Code. line 25 (n) “Residential uses” includes, b ut is not limited to, housing line 26 units, dormitories, boarding houses, and group housing. line 27 “Residential uses” does not include prisons or jails. line 28 (o) “Use by right” means that the city’ s or county’s review of line 29 the adaptive reuse project may not require a conditional use permit, line 30 planned unit de velopment permit, or other discretionary city or line 31 county review or appro val that w ould constitute a “project” for line 32 purposes of Division 13 (commencing with Section 21000) of the line 33 Public Resources Code. Any subdi vision of the sites shall be line 34 subject to all laws, including, but not limited to, a city or county line 35 ordinance implementing the Subdi vision Map Act (Di vision 2 line 36 (commencing with Section 66410)).
line 37 65658.3. A local go vernment may adopt an ordinance to line 38 implement this article and specify the process and requirements line 39 applicable to adaptive reuse projects, provided that the ordinance line 40 is consistent with, and does not inhibit the objectives of, this article. 99 — 6 — AB 3068
line 1 65658.4. The Legislature finds and declares that this article line 2 addresses a matter of state wide concern rather than a municipal line 3 affair as that term is used in Section 5 of Article XI of the line 4 California Constitution. Therefore, this article applies to all cities, line 5 including charter cities.
line 6
line 7 PART 2. STREAMLINED, MINISTERIAL APPROVAL
line 8
line 9 65658.5. (a) An adapti ve reuse project that meets the line 10 requirements of subdivision (b) shall be deemed a use by right in line 11 all zones, regardless of the zoning of the site, and subject to the line 12 streamlined, ministerial re view process described in Section line 13 65658.7, e xcept that the nonresidential uses of a proposed line 14 mixed-use adaptive reuse project shall be consistent with the land line 15 uses allowed by the zoning or a continuation of an existing zoning line 16 nonconforming use.
line 17 (b) An adapti ve reuse project shall comply with all of the line 18 following requirements:
line 19 (1) The adapti ve reuse project is proposed for an y of the line 20 following, as applicable:
line 21 (A) The project is proposed for an existing building that is less line 22 than 50 years old.
line 23 (B) The project is proposed for an existing building that is listed line 24 on a local, state, or federal re gister of historic resources and the line 25 adaptive reuse project proponent complies with Section 65658.7. line 26 (C) The project is proposed for an existing building that is more line 27 than 50 years old and the local government has evaluated the site line 28 through a preliminary application submitted pursuant to subdivision line 29 (a) of Section 65658.7 and either of the following are satisfied:
line 30 (i) The local government determines that the building or site is line 31 a historic resource and the adapti ve reuse project proponent line 32 complies with Section 65658.7.
line 33 (ii) The local government determines that the b uilding or site line 34 is not a historic resource.
line 35 (2) The project complies with an y broadly applicable housing line 36 affordability requirement adopted by the local go vernment. line 37 Notwithstanding an y other la w, a local go vernment shall not line 38 impose or enforce an y broadly applicable housing af fordability line 39 requirement on the housing units of an adaptive reuse project that 99 AB 3068 — 7 —
line 1 requires the project to restrict more than 10 percent of retrofitted line 2 or repurposed units as affordable.
line 3 (3) (A) If the adapti ve reuse project includes mix ed uses, at line 4 least one-half of the square footage of the adapti ve reuse project line 5 shall be dedicated to residential uses. F or purposes of this line 6 subparagraph, square footage of the project does not include line 7 underground space, including basements or underground parking line 8 garages.
line 9 (B) If the adapti ve reuse project is also an office con version line 10 project that creates at least one new housing unit, the development line 11 proponent may elect for subparagraph (A) to not apply to the line 12 project. Both of the following restrictions shall apply to a project line 13 subject to this subparagraph:
line 14 (i) The adaptive reuse project shall not be eligible to include line 15 adjacent uses pursuant to Section 65658.6, unless the adjacent uses line 16 are separately approved projects that do not utilize the provisions line 17 of this article.
line 18 (ii) The streamlined appro val process established pursuant to line 19 this article shall apply only to the new housing units created. line 20 (4) (A) The adaptive reuse project proponent completes a Phase line 21 I en vironmental assessment, and a Phase II en vironmental line 22 assessment, if warranted.
line 23 (B) If a recognized en vironmental condition is found, the line 24 adaptive reuse project proponent shall undertak e a preliminary line 25 endangerment assessment prepared by an environmental assessor line 26 to determine the existence of any release of a hazardous substance line 27 on the site and to determine the potential for e xposure of future line 28 occupants to significant health hazards from any nearby property line 29 or activity.
line 30 (i) If a release of hazardous substance is found to e xist on the line 31 site, prior to occupancy, the project proponent shall agree to remove line 32 the release or any significant effect of the release shall be mitigated line 33 to a level of insignificance in compliance with state and federal line 34 requirements.
line 35 (ii) If a potential for e xposure to significant hazards from line 36 surrounding properties or activities is found to exist, the effects of line 37 the potential exposure shall be mitigated to a level of insignificance line 38 in compliance with current state and federal requirements. line 39 (c) An adaptive reuse project that meets all the requirements of line 40 subdivision (b) may include rooftop structures that e xceed any 99 — 8 — AB 3068
line 1 applicable height limitation imposed by the local go vernment, line 2 provided that the rooftop structure does not exceed one story and line 3 is used for shared amenities.
line 4 65658.6. (a) An adapti ve reuse project that satisfies the line 5 requirements of Section 65658.5 may include the development of line 6 new residential or mixed-use structures on undeveloped areas and line 7 parking areas on the parcels adjacent to the proposed adapti ve line 8 reuse project site if all of the following requirements are met:
line 9 (1) The adjacent portion of the project on the site adjacent to line 10 the proposed repurposed e xisting b uilding complies with the line 11 requirements of any of the following:
line 12 (A) The requirements of paragraph (5) of subdi vision (a) of line 13 Section 65913.4.
line 14 (B) The requirements of the Affordable Housing and High Road line 15 Jobs Act of 2022 (Chapter 4.1 (commencing with Section line 16 65912.100)).
line 17 (C) The requirements of the Middle Class Housing Act of 2022 line 18 (Section 65852.24).
line 19 (2) The adjacent portion of the project is located on a parcel line 20 that satisfies the requirements specified in subparagraphs (A) and line 21 (B) of paragraph (2) of subdivision (a) of Section 65913.4. line 22 (3) The adjacent portion of the project is located on a parcel line 23 that satisfies the requirements specified in subparagraphs (B) to line 24 (K), inclusi ve, of paragraph (6) of subdi vision (a) of Section line 25 65913.4.
line 26 (4) The adjacent portion of the project is located on a parcel line 27 that satisfies the requirements specified in paragraph (7) of line 28 subdivision (a) of Section 65913.4.
line 29 (5) The applicant and local agency comply with the requirements line 30 of subdivision (b) of Section 65913.4.
line 31 (6) Any existing open space on the proposed project site is not line 32 a contributor to a historic resource.
line 33 (b) The adjacent portion of the project shall be eligible for a line 34 density bonus, incentives or concessions, waivers or reductions of line 35 development standards, and parking ratios pursuant to Section line 36 65915.
line 37 (c) For purposes of this section, “adjacent portion of the project” line 38 means the portion of the project located on a site adjacent to the line 39 proposed repurposed existing building.
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line 1 65658.7. (a) (1) Before submitting an application for an line 2 adaptive reuse project pursuant to Section 65658.5 for a structure line 3 that is more than 50 years old and not listed on a local, state, or line 4 federal register of historic resources, the de velopment proponent line 5 shall submit to the local government a notice of its intent to submit line 6 an application. The notice of intent shall be in the form of a line 7 preliminary application that includes all of the information line 8 described in Section 65941.1.
line 9 (2) Upon receipt of a notice of intent to submit an application line 10 described in subdivision (a), the local go vernment shall evaluate line 11 the project site for historical resources. The local government shall line 12 make a historic resource significance determination within 90 days line 13 of submission of the notice of intent for purposes of paragraph (1) line 14 of subdivision (b) of Section 65658.5.
line 15 (b) If the adapti ve reuse project is proposed for an e xisting line 16 building that is listed on a local, state, or federal register of historic line 17 resources or if the local government has determined that the project line 18 site is a significant historic resource pursuant to subdi vision (a), line 19 the adapti ve reuse project proponent shall sign an affida vit line 20 declaring that the project will only mo ve forward if it complies line 21 with either of the following:
line 22 (1) The United States Secretary of the Interior’s Standards for line 23 Rehabilitation, as found in P art 67 of Title 36 of the Code of line 24 Federal Regulations.
line 25 (2) The project is a warded federal historic rehabilitation tax line 26 credits pursuant to Section 47 of Internal Revenue Code, or state line 27 historic rehabilitation tax credits pursuant to Section 17053.91 or line 28 23691 of the Revenue and Taxation Code.
line 29 (c) (1) Notwithstanding subdivision (b), if the adapti ve reuse line 30 project is proposed for a site that is listed on a local, state, or federal line 31 historic register and the adaptive reuse project proponent does not line 32 sign an affidavit pursuant to subdivision (b), the local government line 33 shall process the adapti ve reuse project pursuant to Section line 34 65658.5, b ut the local go vernment may den y or conditionally line 35 approve the project if the local go vernment makes a finding that line 36 the project will cause a significant adv erse impact to historic line 37 resources. A local agency may impose conditions of appro val to line 38 mitigate impacts to historic resources and to comply with the line 39 United States Secretary of the Interior’ s Standards for line 40 Rehabilitation, as found in P art 67 of Title 36 of the Code of 99 — 10 — AB 3068
line 1 Federal Re gulations, b ut shall not impose other conditions of line 2 approval.
line 3 (2) Review of an adaptive reuse project pursuant to this section line 4 shall not constitute a “project” for purposes of Di vision 13 line 5 (commencing with Section 21000) of the Public Resources Code. line 6 65658.8. (a) (1) Notwithstanding an y local la w, if a local line 7 government’s planning director or equivalent position determines line 8 that an adaptive reuse project submitted pursuant to this article is line 9 consistent with the objecti ve planning standards specified in line 10 Section 65658.5 and Section 65658.6, if applicable, the local line 11 government shall appro ve the adapti ve reuse project. Upon a line 12 determination that an adapti ve reuse project submitted pursuant line 13 to this section is in conflict with an y of the objecti ve planning line 14 standards specified in Section 65658.5 or Section 65658.6, if line 15 applicable, the local go vernment staff or relevant local planning line 16 and permitting department that made the determination shall line 17 provide the de velopment proponent written documentation of line 18 which standard or standards the de velopment conflicts with, and line 19 an explanation for the reason or reasons the development conflicts line 20 with that standard or standards, as follows:
line 21 (A) Within 60 days of submittal of the adapti ve reuse project line 22 to the local go vernment pursuant to this section if the project line 23 contains 150 or fewer housing units.
line 24 (B) Within 90 days of submittal of the adapti ve reuse project line 25 to the local go vernment pursuant to this section if the project line 26 contains more than 150 housing units.
line 27 (2) If the local go vernment’s planning director or equi valent line 28 position fails to provide the required documentation pursuant to line 29 paragraph (1), the adaptive reuse project shall be deemed to satisfy line 30 the objective planning standards specified in Section 65658.5 and line 31 Section 65658.6, if applicable.
line 32 (3) For purposes of this section, an adapti ve reuse project is line 33 consistent with the objecti ve planning standards specified in line 34 Section 65658.5 and Section 65658.6, if applicable, if there is line 35 substantial e vidence that w ould allo w a reasonable person to line 36 conclude that the project is consistent with the objective planning line 37 standards. The local go vernment shall not determine that an line 38 adaptive reuse project, including an application for a modification line 39 under subdivision (f), is in conflict with the objecti ve planning line 40 standards on the basis that application materials are not included, 99 AB 3068 — 11 —
line 1 if the application contains substantial e vidence that would allow line 2 a reasonable person to conclude that the project is consistent with line 3 the objective planning standards.
line 4 (4) Upon submittal of an application for streamlined, ministerial line 5 approval pursuant to this section to the local go vernment, all line 6 departments of the local government that are required to issue an line 7 approval of the adapti ve reuse project before the granting of an line 8 entitlement shall comply with the requirements of this section line 9 within the time periods specified in paragraph (1). line 10 (b) (1) Any design review of the adjacent portion of the project line 11 may be conducted by the local government’s planning commission line 12 or an y equi valent board or commission responsible for design line 13 review. That design re view shall be objecti ve and be strictly line 14 focused on assessing compliance with criteria required for line 15 streamlined projects. That design review shall be completed, and line 16 if the project is consistent with all objecti ve standards, the local line 17 government shall approve the project as follo ws and shall not in line 18 any way inhibit, chill, or preclude the ministerial approval provided line 19 by this article or its effect, as applicable:
line 20 (A) Within 90 days of submittal of the adapti ve reuse project line 21 to the local go vernment pursuant to this section if the project line 22 contains 150 or fewer housing units.
line 23 (B) Within 180 days of submittal of the qualified adaptive reuse line 24 project to the local go vernment pursuant to this section if the line 25 project contains more than 150 housing units.
line 26 (2) If the adapti ve reuse project is consistent with the line 27 requirements of Section 65658.5 and Section 65658.6, if applicable, line 28 and is consistent with all objecti ve subdivision standards in the line 29 local subdi vision ordinance, an application for a subdi vision line 30 pursuant to the Subdi vision Map Act (Division 2 (commencing line 31 with Section 66410)) shall be e xempt from the requirements of line 32 the California En vironmental Quality Act (Di vision 13 line 33 (commencing with Section 21000) of the Public Resources Code) line 34 and shall be subject to the public o versight timelines set forth in line 35 paragraph (1).
line 36 (3) If a local go vernment determines that an adapti ve reuse line 37 project submitted pursuant to this article is in conflict with any of line 38 the standards imposed pursuant to paragraph (1), it shall pro vide line 39 the project proponent written documentation of which objecti ve line 40 standard or standards the adaptive reuse project conflicts with, and 99 — 12 — AB 3068
line 1 an explanation for the reason or reasons the project conflicts with line 2 that objective standard or standards consistent with the timelines line 3 described in paragraph (1) of subdivision (a).
line 4 (c) (1) Notwithstanding any law, a local government, whether line 5 or not it has adopted an ordinance governing automobile parking line 6 requirements in multif amily de velopments, shall not impose line 7 automobile parking standards for an adjacent portion of the project line 8 that was approved pursuant to this article in any of the following line 9 instances:
line 10 (A) The adjacent portion of the project is located within one-half line 11 mile of public transit.
line 12 (B) The adjacent portion of the project is located within an line 13 architecturally and historically significant historic district. line 14 (C) When on-street parking permits are required but not offered line 15 to the occupants of the adjacent portion of the project. line 16 (D) When there is a car share vehicle located within one block line 17 of the adjacent portion of the project.
line 18 (2) If the adjacent portion of the project does not fall within any line 19 of the categories described in paragraph (1), the local government line 20 shall not impose automobile parking requirements for the adjacent line 21 portion of the project approved pursuant to this article that exceed line 22 one parking space per unit.
line 23 (d) Notwithstanding an y la w, a local go vernment shall not line 24 require any of the following prior to approving an adaptive reuse line 25 project that meets the requirements of this article:
line 26 (1) Studies, information, or other materials that do not pertain line 27 directly to determining whether the adapti ve reuse project is line 28 consistent with the objective planning standards applicable to the line 29 development.
line 30 (2) (A) Compliance with any standards necessary to receive a line 31 postentitlement permit.
line 32 (B) This paragraph does not prohibit a local agenc y from line 33 requiring compliance with an y standards necessary to recei ve a line 34 postentitlement permit after a permit has been issued pursuant to line 35 this section.
line 36 (C) For purposes of this paragraph, “postentitlement permit” line 37 has the same meaning as pro vided in subparagraph (A) of line 38 paragraph (3) of subdivision (j) of Section 65913.3. line 39 (e) (1) If a local government approves an adaptive reuse project line 40 pursuant to this article, then, notwithstanding an y other law, that 99 AB 3068 — 13 —
line 1 approval shall not e xpire if the project satisfies both of the line 2 following requirements:
line 3 (A) The project includes public in vestment in housing line 4 affordability, beyond tax credits.
line 5 (B) At least 20 percent of the units are affordable to households line 6 making at or below 80 percent of the area median income. line 7 (2) (A) If a local government approves an adaptive reuse project line 8 pursuant to this article, and the project does not satisfy the line 9 requirements of subparagraphs (A) and (B) of paragraph (1), that line 10 approval shall remain v alid for three years from the date of the line 11 final action establishing that appro val, or if litig ation is filed line 12 challenging that appro val, from the date of the final judgment line 13 upholding that approval. Approval shall remain valid for a project line 14 provided construction activity, including demolition and grading line 15 activity, on the de velopment site has be gun pursuant to a permit line 16 issued by the local jurisdiction and is in progress. For purposes of line 17 this subdivision, “in progress” means one of the following:
line 18 (i) Construction has be gun and has not ceased for more than line 19 180 days.
line 20 (ii) If the project requires multiple b uilding permits, an initial line 21 phase has been completed, and the project proponent has applied line 22 for and is diligently pursuing a b uilding permit for a subsequent line 23 phase, provided that once it has been issued, the b uilding permit line 24 for the subsequent phase does not lapse.
line 25 (B) Notwithstanding subparagraph (A), a local government may line 26 grant a project a one-time, one-year e xtension if the project line 27 proponent can pro vide documentation that there has been line 28 significant progress to ward getting the adapti ve reuse project line 29 construction ready, such as filing a building permit application. line 30 (3) If the qualified adaptive reuse project proponent requests a line 31 modification pursuant to subdivision (f), then the time during which line 32 the approval shall remain valid shall be extended for the number line 33 of days between the submittal of a modification request and the line 34 date of its final approval, plus an additional 180 days to allow time line 35 to obtain a b uilding permit. If litig ation is filed relating to the line 36 modification request, the time shall be further extended during the line 37 pendency of the litigation. The extension required by this paragraph line 38 shall only apply to the first request for a modification submitted line 39 by the development proponent.
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line 1 (f) (1) (A) A de velopment proponent may request a line 2 modification to a qualified adapti ve reuse project that has been line 3 approved under the streamlined approval process provided in this line 4 article if that request is submitted to the local government before line 5 the issuance of the final building permit required for construction line 6 of the adaptive reuse project.
line 7 (B) Except as provided in paragraph (3), the local government line 8 shall approve a modification if it determines that the modification line 9 is consistent with the objecti ve planning standards specified in line 10 subdivision (a) that were in effect when the original adaptive reuse line 11 project application was first submitted.
line 12 (C) The local go vernment shall e valuate an y modifications line 13 requested pursuant to this subdi vision for consistenc y with the line 14 objective planning standards using the same assumptions and line 15 analytical methodology that the local government originally used line 16 to assess consistenc y for the adapti ve reuse project that w as line 17 approved for streamlined, ministerial appro val pursuant to line 18 subdivision (a).
line 19 (2) Upon receipt of the adapti ve reuse project proponent’ s line 20 application requesting a modification, the local government shall line 21 determine if the requested modification is consistent with the line 22 objective planning standard and either appro ve or den y the line 23 modification request within 60 days after submission of the line 24 modification, or within 90 days if design review is required. line 25 (3) Notwithstanding paragraph (1), the local go vernment may line 26 apply objective planning standards to an adjacent portion of the line 27 project adopted after the project application was first submitted to line 28 the requested modification in any of the following instances:
line 29 (A) The adjacent portion of the project is revised such that the line 30 total number of residential units or total square footage of line 31 construction changes by 15 percent or more. The calculation of line 32 the square footage of construction changes shall not include line 33 underground space.
line 34 (B) The adjacent portion of the project is revised such that the line 35 total number of residential units or total square footage of line 36 construction changes by 5 percent or more and it is necessary to line 37 subject the project to an objective standard beyond those in effect line 38 when the project application was submitted in order to mitigate or line 39 avoid a specific, adv erse impact, as that term is defined in line 40 subparagraph (A) of paragraph (1) of subdi vision (j) of Section 99 AB 3068 — 15 —
line 1 65589.5, upon the public health or safety and there is no feasible line 2 alternative method to satisfactorily mitigate or avoid the adverse line 3 impact. The calculation of the square footage of construction line 4 changes shall not include underground space.
line 5 (C) Objective b uilding standards contained in the California line 6 Building Standards Code (T itle 24 of the California Code of line 7 Regulations), including, b ut not limited to, b uilding plumbing, line 8 electrical, fire, and grading codes, may be applied to all line 9 modification applications that are submitted prior to the first line 10 building permit application. Those standards may be applied to line 11 modification applications submitted after the first building permit line 12 application if agreed to by the development proponent. line 13 (4) The local go vernment’s review of a modification request line 14 pursuant to this subdivision shall be strictly limited to determining line 15 whether the modification, including any modification to previously line 16 approved density bonus concessions or w aivers, modify the line 17 project’s consistency with the objecti ve planning standards and line 18 shall not reconsider prior determinations that are not af fected by line 19 the modification.
line 20 65658.9. (a) A local go vernment shall issue a subsequent line 21 permit required for an adaptive reuse project approved under this line 22 article if the application substantially complies with the project as line 23 it was approved pursuant to Section 65658.8. Upon receipt of an line 24 application for a subsequent permit, the local go vernment shall line 25 process the permit without unreasonable delay and shall not impose line 26 any procedure or requirement that is not imposed on projects that line 27 are not appro ved pursuant to this article. The local go vernment line 28 shall consider the application for subsequent permits based upon line 29 the applicable objective standards specified in an y state or local line 30 laws that were in ef fect when the original adapti ve reuse project line 31 application was submitted, unless the proponent agrees to a change line 32 in objecti ve standards. Issuance of subsequent permits shall line 33 implement the appro ved project, and re view of the permit line 34 application shall not inhibit, chill, or preclude the adapti ve reuse line 35 project. F or purposes of this paragraph, a “subsequent permit” line 36 means a permit required subsequent to recei ving approval under line 37 subdivision (a) of Section 65658.8, and includes, but is not limited line 38 to, demolition, grading, encroachment, and b uilding permits and line 39 final maps, if necessary.
99 — 16 — AB 3068
line 1 (b) (1) If a public impro vement is necessary to implement a line 2 project subject to this article, including, but not limited to, a bicycle line 3 lane, sidewalk or w alkway, public transit stop, dri veway, street line 4 paving or overlay, a curb or gutter, a modified intersection, a street line 5 sign or street light, landscape or hardscape, an abo ve-ground or line 6 underground utility connection, a w ater line, fire h ydrant, storm line 7 or sanitary sewer connection, retaining wall, and any related work, line 8 and that public improvement is located on land owned by the local line 9 government, to the e xtent that the public impro vement requires line 10 approval from the local go vernment, the local go vernment shall line 11 not exercise its discretion over any approval relating to the public line 12 improvement in a manner that would inhibit, chill, or preclude the line 13 project.
line 14 (2) If an application for a public impro vement described in line 15 paragraph (1) is submitted to a local go vernment, the local line 16 government shall do all of the following:
line 17 (A) Consider the application based upon any objective standards line 18 specified in an y state or local la ws that were in ef fect when the line 19 original adaptive reuse project application was submitted. line 20 (B) Conduct its review and approval in the same manner as it line 21 would evaluate the public impro vement if required by a project line 22 that is not eligible to recei ve ministerial or streamlined appro val line 23 pursuant to this section.
line 24 (3) If an application for a public impro vement described in line 25 paragraph (1) is submitted to a local go vernment, the local line 26 government shall not do either of the following:
line 27 (A) Adopt or impose any requirement that applies to a project line 28 solely or partially on the basis that the project is eligible to receive line 29 ministerial or streamlined approval pursuant to this article. line 30 (B) Unreasonably delay in its consideration, review, or approval line 31 of the application.
line 32 65658.10. (a) A local government shall not adopt or impose line 33 any requirement, including, b ut not limited to, increased fees or line 34 inclusionary housing requirements, that applies to a project solely line 35 or partially on the basis that the project is eligible to recei ve line 36 ministerial or streamlined approval pursuant to this article. line 37 (b) This article shall not affect a project proponent’s ability to line 38 use any alternative streamlined by right permit processing adopted line 39 by a local government.
99 AB 3068 — 17 —
line 1 (c) This article shall not prevent a project from also qualifying line 2 as a housing de velopment project entitled to the protections of line 3 Section 65589.5.
line 4 (d) Alterations to an existing building necessary to comply with line 5 the California Building Standards Code, International Existing line 6 Building Code, or California Historical Building Code shall not line 7 disqualify a qualified adaptive reuse project from the streamlined, line 8 ministerial review process established under this article. line 9
line 10 PART 3. IMPACT FEES
line 11
line 12 65658.15. (a) Notwithstanding an y other la w, an adapti ve line 13 reuse project shall be e xempt from all impact fees that are not line 14 directly related to the impacts resulting from the change of use of line 15 the site from nonresidential to residential or mixed use. Any fees line 16 charged shall be proportional to the difference in impacts caused line 17 by the change of use.
line 18 (b) This section shall not apply to an y adjacent portion of the line 19 project.
line 20 65658.16. Notwithstanding Chapter 5 (commencing with line 21 Section 66000), an y impact fees imposed on an adapti ve reuse line 22 project pursuant to this article shall, at the request of the project line 23 proponent, be collected on the date the certificate of occupancy is line 24 issued.
line 25 65658.17. (a) An adaptive reuse project proponent that utilizes line 26 Section 65658.16 shall be required to execute a contract to pay the line 27 fees, or applicable portion thereof, within the time specified. line 28 (b) The obligation to pay the fees pursuant to this part shall line 29 inure to the benefit of, and be enforceable by, the local government line 30 that imposed the fee or charge, regardless of whether it is a party line 31 to the contract. The contract shall contain a le gal description of line 32 the property affected, shall be recorded in the office of the county line 33 recorder of the county and, from the date of recordation, shall line 34 constitute a lien for the payment of the fees, which shall be line 35 enforceable against successors in interest to the property owner or line 36 lessee at the time of issuance of the building permit. The contract line 37 shall be recorded in the grantor -grantee index in the name of the line 38 public agency issuing the b uilding permit as grantee and in the line 39 name of the property o wner or lessee as grantor . The local line 40 government shall record a release of the oblig ation, containing a 99 — 18 — AB 3068
line 1 legal description of the property, in the event the obligation is paid line 2 in full, or a partial release in the event the fee or charge is prorated. line 3 (c) The contract e xecuted pursuant to subdi vision (a) may line 4 require the property o wner or lessee to pro vide appropriate line 5 notification of the opening of an y escro w for the sale of the line 6 property for which the building permit was issued and to provide line 7 in the escrow instructions that the fee or charge be paid to the local line 8 government imposing the same from the sale proceeds in escrow line 9 prior to disbursing proceeds to the seller.
line 10 SEC. 3. Section 65585 of the Government Code is amended line 11 to read:
line 12 65585. (a) In the preparation of its housing element, each city line 13 and county shall consider the guidelines adopted by the department line 14 pursuant to Section 50459 of the Health and Safety Code. Those line 15 guidelines shall be advisory to each city or county in the line 16 preparation of its housing element.
line 17 (b) (1) At least 90 days prior to adoption of a re vision of its line 18 housing element pursuant to subdivision (e) of Section 65588, or line 19 at least 60 days prior to the adoption of a subsequent amendment line 20 to this element, the planning agency shall submit a draft element line 21 revision or draft amendment to the department. The local line 22 government of the planning agenc y shall mak e the first draft line 23 revision of a housing element available for public comment for at line 24 least 30 days and, if an y comments are recei ved, the local line 25 government shall take at least 10 b usiness days after the 30-day line 26 public comment period to consider and incorporate public line 27 comments into the draft re vision prior to submitting it to the line 28 department. F or an y subsequent draft re vision, the local line 29 government shall post the draft revision on its internet website and line 30 shall email a link to the draft re vision to all indi viduals and line 31 organizations that ha ve previously requested notices relating to line 32 the local government’s housing element at least seven days before line 33 submitting the draft revision to the department. line 34 (2) The planning agenc y staf f shall collect and compile the line 35 public comments regarding the housing element recei ved by the line 36 city, county, or city and county and pro vide these comments to line 37 each member of the legislative body before it adopts the housing line 38 element.
line 39 (3) The department shall review the draft and report its written line 40 findings to the planning agency within 90 days of its receipt of the 99 AB 3068 — 19 —
line 1 first draft submittal for each housing element revision pursuant to line 2 subdivision (e) of Section 65588 or within 60 days of its receipt line 3 of a subsequent draft amendment or an adopted revision or adopted line 4 amendment to an element. The department shall not re view the line 5 first draft submitted for each housing element re vision pursuant line 6 to subdivision (e) of Section 65588 until the local government has line 7 made the draft available for public comment for at least 30 days line 8 and, if comments were recei ved, has tak en at least 10 b usiness line 9 days to consider and incorporate public comments pursuant to line 10 paragraph (1).
line 11 (c) In the preparation of its findings, the department may consult line 12 with any public agenc y, group, or person. The department shall line 13 receive and consider an y written comments from an y public line 14 agency, group, or person re garding the draft or adopted element line 15 or amendment under review.
line 16 (d) In its written findings, the department shall determine line 17 whether the draft element or draft amendment substantially line 18 complies with this article.
line 19 (e) Prior to the adoption of its draft element or draft amendment, line 20 the le gislative body shall consider the findings made by the line 21 department. If the department’s findings are not a vailable within line 22 the time limits set by this section, the le gislative body may act line 23 without them.
line 24 (f) If the department finds that the draft element or draft line 25 amendment does not substantially comply with this article, the line 26 legislative body shall take one of the following actions:
line 27 (1) Change the draft element or draft amendment to substantially line 28 comply with this article.
line 29 (2) Adopt the draft element or draft amendment without changes. line 30 The legislative body shall include in its resolution of adoption line 31 written findings that e xplain the reasons the le gislative body line 32 believes that the draft element or draft amendment substantially line 33 complies with this article despite the findings of the department. line 34 (g) Promptly follo wing the adoption of its element or line 35 amendment, the planning agenc y shall submit a cop y to the line 36 department.
line 37 (h) The department shall, within 60 days, re view adopted line 38 housing elements or amendments and report its findings to the line 39 planning agency.
99 — 20 — AB 3068
line 1 (i) (1) (A) The department shall re view any action or f ailure line 2 to act by the city, county, or city and county that it determines is line 3 inconsistent with an adopted housing element or Section 65583, line 4 including any failure to implement any program actions included line 5 in the housing element pursuant to Section 65583. The department line 6 shall issue written findings to the city, county, or city and county line 7 as to whether the action or f ailure to act substantially complies line 8 with this article, and provide a reasonable time no longer than 30 line 9 days for the city , county, or city and county to respond to the line 10 findings before taking any other action authorized by this section, line 11 including the action authorized by subparagraph (B). line 12 (B) If the department finds that the action or f ailure to act by line 13 the city, county, or city and county does not substantially comply line 14 with this article, and if it has issued findings pursuant to this section line 15 that an amendment to the housing element substantially complies line 16 with this article, the department may re voke its findings until it line 17 determines that the city, county, or city and county has come into line 18 compliance with this article.
line 19 (2) The department may consult with an y local go vernment, line 20 public agency, group, or person, and shall recei ve and consider line 21 any written comments from any public agency, group, or person, line 22 regarding the action or f ailure to act by the city , county, or city line 23 and county described in paragraph (1), in determining whether the line 24 housing element substantially complies with this article. line 25 (j) The department shall notify the city , county, or city and line 26 county and may notify the office of the Attorney General that the line 27 city, county, or city and county is in violation of state la w if the line 28 department finds that the housing element or an amendment to this line 29 element, or an y action or f ailure to act described in subdi vision line 30 (i), does not substantially comply with this article or that any local line 31 government has taken an action in violation of the following:
line 32 (1) Housing Accountability Act (Section 65589.5). line 33 (2) Section 65863.
line 34 (3) Chapter 4.3 (commencing with Section 65915). line 35 (4) Section 65008.
line 36 (5) Housing Crisis Act of 2019 (Chapter 654, Statutes of 2019, line 37 Sections 65941.1, 65943, and 66300).
line 38 (6) Section 8899.50.
line 39 (7) Section 65913.4.
line 40 (8) Article 11 (commencing with Section 65650). 99 AB 3068 — 21 —
line 1 (9) Article 12 (commencing with Section 65660). line 2 (10) Section 65913.11.
line 3 (11) Section 65400.
line 4 (12) Section 65863.2.
line 5 (13) Chapter 4.1 (commencing with Section 65912.100). line 6 (14) Section 65905.5.
line 7 (15) Section 65852.2.
line 8 (16) Section 65852.21.
line 9 (17) Section 65852.22.
line 10 (18) Section 65852.23.
line 11 (19) Section 65852.24.
line 12 (20) Section 65852.26.
line 13 (21) Section 66411.7.
line 14 (22) Section 65913.16.
line 15 (23) Article 2 (commencing with Section 66300.5) of Chapter line 16 12.
line 17 (24) Section 65852.28.
line 18 (25) Section 65913.4.5.
line 19 (26) Section 66499.41.
line 20 (27) Article 11.5 (commencing with Section 65658). line 21 (k) Commencing July 1, 2019, prior to the Attorney General line 22 bringing any suit for a violation of the pro visions identified in line 23 subdivision (j) related to housing element compliance and seeking line 24 remedies available pursuant to this subdi vision, the department line 25 shall offer the jurisdiction the opportunity for tw o meetings in line 26 person or via telephone to discuss the violation, and shall provide line 27 the jurisdiction written findings re garding the violation. This line 28 paragraph does not af fect any action filed prior to the ef fective line 29 date of this section. The requirements set forth in this subdivision line 30 do not apply to an y suits brought for a violation or violations of line 31 paragraphs (1) and (3) to (9), inclusive, of subdivision (j). line 32 (l) In any action or special proceeding brought by the Attorney line 33 General relating to housing element compliance pursuant to a line 34 notice or referral under subdivision (j), the Attorney General may line 35 request, upon a finding of the court that the housing element does line 36 not substantially comply with the requirements of this article line 37 pursuant to this section, that the court issue an order or judgment line 38 directing the jurisdiction to bring its housing element into line 39 substantial compliance with the requirements of this article. The line 40 court shall retain jurisdiction to ensure that its order or judgment 99 — 22 — AB 3068
line 1 is carried out. If a court determines that the housing element of line 2 the jurisdiction substantially complies with this article, it shall line 3 have the same force and effect, for purposes of eligibility for any line 4 financial assistance that requires a housing element in substantial line 5 compliance and for purposes of an y incentives pro vided under line 6 Section 65589.9, as a determination by the department that the line 7 housing element substantially complies with this article. line 8 (1) If the jurisdiction has not complied with the order or line 9 judgment after 12 months, the court shall conduct a status line 10 conference. Following the status conference, upon a determination line 11 that the jurisdiction f ailed to comply with the order or judgment line 12 compelling substantial compliance with the requirements of this line 13 article, the court shall impose fines on the jurisdiction, which shall line 14 be deposited into the Building Homes and Jobs Trust Fund. Any line 15 fine le vied pursuant to this paragraph shall be in a minimum line 16 amount of ten thousand dollars ($10,000) per month, but shall not line 17 exceed one hundred thousand dollars ($100,000) per month, except line 18 as pro vided in paragraphs (2) and (3). In the e vent that the line 19 jurisdiction fails to pay fines imposed by the court in full and on line 20 time, the court may require the Controller to intercept any available line 21 state and local funds and direct such funds to the Building Homes line 22 and Jobs Trust Fund to correct the jurisdiction’ s failure to pay . line 23 The intercept of the funds by the Controller for this purpose shall line 24 not violate any provision of the California Constitution. line 25 (2) If the jurisdiction has not complied with the order or line 26 judgment after three months follo wing the imposition of fees line 27 described in paragraph (1), the court shall conduct a status line 28 conference. Following the status conference, if the court finds that line 29 the fees imposed pursuant to paragraph (1) are insufficient to bring line 30 the jurisdiction into compliance with the order or judgment, the line 31 court may multiply the fine determined pursuant to paragraph (1) line 32 by a factor of three. In the e vent that the jurisdiction f ails to pay line 33 fines imposed by the court in full and on time, the court may line 34 require the Controller to intercept an y available state and local line 35 funds and direct such funds to the Building Homes and Jobs Trust line 36 Fund to correct the jurisdiction’ s failure to pay. The intercept of line 37 the funds by the Controller for this purpose shall not violate an y line 38 provision of the California Constitution.
line 39 (3) If the jurisdiction has not complied with the order or line 40 judgment six months follo wing the imposition of fees described 99 AB 3068 — 23 —
line 1 in paragraph (1), the court shall conduct a status conference. Upon line 2 a determination that the jurisdiction failed to comply with the order line 3 or judgment, the court may impose the following:
line 4 (A) If the court finds that the fees imposed pursuant to line 5 paragraphs (1) and (2) are insufficient to bring the jurisdiction into line 6 compliance with the order or judgment, the court may multiply line 7 the fine determined pursuant to paragraph (1) by a f actor of six. line 8 In the event that the jurisdiction fails to pay fines imposed by the line 9 court in full and on time, the court may require the Controller to line 10 intercept any available state and local funds and direct such funds line 11 to the Building Homes and Jobs Trust Fund to correct the line 12 jurisdiction’s f ailure to pay . The intercept of the funds by the line 13 Controller for this purpose shall not violate an y provision of the line 14 California Constitution.
line 15 (B) The court may order remedies available pursuant to Section line 16 564 of the Code of Civil Procedure, under which the agent of the line 17 court may tak e all go vernmental actions necessary to bring the line 18 jurisdiction’s housing element into substantial compliance pursuant line 19 to this article in order to remedy identified deficiencies. The court line 20 shall determine whether the housing element of the jurisdiction line 21 substantially complies with this article and, once the court makes line 22 that determination, it shall have the same force and effect, for all line 23 purposes, as the department’ s determination that the housing line 24 element substantially complies with this article. An agent appointed line 25 pursuant to this paragraph shall ha ve e xpertise in planning in line 26 California.
line 27 (4) This subdivision does not limit a court’s discretion to apply line 28 any and all remedies in an action or special proceeding for a line 29 violation of any law identified in subdivision (j). line 30 (m) In determining the application of the remedies a vailable line 31 under subdivision (l), the court shall consider whether there are line 32 any mitigating circumstances delaying the jurisdiction from coming line 33 into compliance with state housing la w. The court may consider line 34 whether a city, county, or city and county is making a good f aith line 35 effort to come into substantial compliance or is facing substantial line 36 undue hardships.
line 37 (n) Nothing in this section shall limit the authority of the office line 38 of the Attorney General to bring a suit to enforce state la w in an line 39 independent capacity. The office of the Attorney General may seek 99 — 24 — AB 3068
line 1 all remedies available under law including those set forth in this line 2 section.
line 3 (o) Notwithstanding Sections 11040 and 11042, if the Attorney line 4 General declines to represent the department in an y action or line 5 special proceeding brought pursuant to a notice or referral under line 6 subdivision (j), the department may appoint or contract with other line 7 counsel for purposes of representing the department in the action line 8 or special proceeding.
line 9 (p) Notwithstanding any other provision of law, the statute of line 10 limitations set forth in subdivision (a) of Section 338 of the Code line 11 of Civil Procedure shall apply to any action or special proceeding line 12 brought by the office of the Attorney General or pursuant to a line 13 notice or referral under subdi vision (j), or by the department line 14 pursuant to subdivision (o).
line 15 SEC. 4. No reimbursement is required by this act pursuant to line 16 Section 6 of Article XIIIB of the California Constitution because line 17 a local agency or school district has the authority to le vy service line 18 charges, fees, or assessments sufficient to pay for the program or line 19 level of service mandated by this act or because costs that may be line 20 incurred by a local agenc y or school district will be incurred line 21 because this act creates a ne w crime or infraction, eliminates a line 22 crime or infraction, or changes the penalty for a crime or infraction, line 23 within the meaning of Section 17556 of the Government Code, or line 24 changes the definition of a crime within the meaning of Section 6 line 25 of Article XIII B of the California Constitution.
O
99 AB 3068 — 25 —