Housing Land Use and Transportation 09/16/2013
AB 325 (Alejo) – Opposition Removed
As Amended August 6, 2013
AB 325, by Assembly Member Luis Alejo, would expand the statute of limitations to sue a county or city, challenging the adoption of a housing element or a number of related local ordinances.
After months of negotiations, CSAC along with our local government partners, have come to a final compromise on the measure which removes our mutual opposition to the proposal. The final compromise will change the existing statute of limitations in the following ways:
For HCD-certified housing elements, 9-months to file a notice of
deficiency, 60-days for the local agency to respond, and 6-months
to file a lawsuit.
For self-certified housing elements, 2-years to file a notice of deficiency, 60-days for the local agency to respond, and 1-year to file a lawsuit.
For ordinances, 6-months to file a notice of deficiency, 60-days for the local agency to respond, and 6-months to file a lawsuit.
Finally, our final compromise also includes an agreement with the
sponsors not to seek further amendments to the statute of
limitations for at least three years.
CSAC has removed our opposition to AB 325.
AB 325 was passed off the Assembly Floor by a vote of 59 to 15. The measure now awaits action by the Governor.
AB 755 (Ammiano) – Opposition Removed
As Amended August 6, 2013
AB 755, by Assembly Member Tom Ammiano, would require that project study reports (PSRs) for any new projects involving the construction or reconstruction of a bridge – identified in a regional transportation plan, interregional transportation improvement program, or the state highway operation and protection program – include a document demonstrating that a suicide barrier was a feature considered during the project’s planning process.
As most recently amended, AB 755 would now limit the application of the measure to the construction of new bridges and the replacement of existing bridges with a history of documented suicides. CSAC is supportive of these amendments as we believe it’s unnecessary to apply the new mandate to all 24,000 plus bridges in the state in order to achieve the bill’s goal of trying to reduce the incidence of suicide.
CSAC has removed our opposition to AB 755.
AB 755 was passed off the Assembly Floor by a vote of 60 to 14. The measure now awaits action by the Governor.
Native American Issues
AB 52 (Gatto) – Concerns
As Amended September 5, 2013
AB 52, by Assembly Member Mike Gatto, would treat “tribal cultural resources” differently than any other resource with regards to the CEQA process. While the measure was amended to address some of the concerns raised by CSAC and our local government partners at the end of session, we are still trying to determine the extent to which the amendments fully address CSAC’s concerns. We will work with the author’s office and sponsors this fall to determine and minimize, to the extent possible, the impacts on local land use authority.
This measure is a two-year bill.