Existing law, until January 1, 2026, authorizes a development proponent to submit an application for a multifamily housing development that is subject to a streamlined, ministerial approval process, as provided, and not subject to a conditional use permit, if the development satisfies specified objective planning standards. Under existing law, the objective planning standards include, among others, a requirement that the development not be located on specified sites, including those within a coastal zone, very high fire hazard severity zone, delineated earthquake fault zone, or special flood hazard area, and sites designated as prime farmland, wetlands, or a habitat for a protected species.
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 environmental impact report (EIR) on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. Prior to the release of a negative declaration, mitigated negative declaration, or an EIR for a project, CEQA requires the lead agency to begin consultation with a California Native American tribe that is traditionally and culturally affiliated with the geographic area of the proposed project, as provided.
Existing law provides that a development subject to the streamlined ministerial approval process described above is not subject to CEQA.
This bill would require a development proponent, before submitting an application for streamlined approval described above, to submit notice of its intent to submit an application under these provisions, which must provide a description and the location of the proposed development. The bill would require, after that notice is received by the local government, a local government and California Native American tribe to engage in a scoping consultation, as defined, regarding the potential effects the proposed development could have on a potential tribal cultural resource.
This bill would authorize a development proponent to submit an application for a development that is subject to the streamlined, ministerial approval process described above if (1) the local government and the California Native American tribe find that no potential tribal cultural resource would be affected by the proposed development, or (2) the local government and California Native American tribe find that a potential tribal cultural resource could be affected by the proposed development and the parties document an enforceable agreement regarding the identification, evaluation, and treatment of those tribal cultural resources. The bill would require a development to comply with CEQA if it is found to affect a potential tribal cultural resource and the local government and the California Native American tribe do not document an enforceable agreement. The bill would require a local government to notify a California Native American tribe if the development or environmental setting substantially changes after the completion of the scoping consultation, and would require the local government to engage in a subsequent scoping consultation if requested by the California Native American tribe. By imposing new requirements on a local government that receives notice of a development proponent's intent to submit an application for a housing development that is subject to a streamlined, ministerial approval process, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.

Statutes affected:
AB 168: 65913.4 GOV
01/08/19 - Introduced: 65913.4 GOV
05/08/19 - Amended Assembly: 65913.4 GOV
07/01/19 - Amended Senate: 65913.4 GOV
09/06/19 - Amended Senate: 65913.4 GOV
AB168: 65913.4 GOV