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State Land Use Enacted Legislation
| Bill # | State | Year | Party | Topic |
|---|---|---|---|---|
AB 130 |
CA | 2025 | D | Accessory dwelling units regulations, Affordable housing incentives and financing, Building code reform, Deadlines, Declare HOA rules void, Enforcement, Environmental review, Fair distribution of housing, Faith-based organizations, Homeowner association rules, Lands near transit, Planning for climate adaptation and hazards, Planning Requirements |
Provided by Furman
Summary
- AB 130 is a budget trailer bill that enacts permanent statutory changes across California housing, land use, and development law, while also containing a limited number of broader omnibus provisions tied to budget implementation.
- CEQA exemptions and streamlining:
- Establishes broad CEQA exemptions for qualifying housing projects under specified sections of the Government Code, provided projects meet strict site eligibility (e.g. urban infill), zoning consistency, environmental constraints, tribal consultation, and labor standards. Senate Bill 131 (companion bill) exempts local rezoning actions that implement Housing Element commitments from CEQA, excluding sites designated as natural and protected lands.
- Adds two new “shot clocks” for CEQA exempt projects, which are clarified by SB 158.
- Requires annual reporting to the Legislature beginning July 1, 2027 on housing projects appealed to the relevant state commission.
- Authorizes evaluation of vehicle miles traveled (VMT) reductions for affordable housing projects funded through the Transit-Oriented Development (TOD) Implementation Program.
- ADU and JADU reforms: Clarifies that “reasonable restrictions” on ADUs and Junior ADUs may not include fees or other financial requirements.
- Removes local authorization for jurisdictions with ordinances adopted prior to January 1, 2018, to impose certain objective design standards or historic preservation requirements on state-exempt ADUs, creating uniform treatment across all jurisdictions.
- HOA governance reforms: Requires that HOA monetary penalties be reasonable, generally capped at $100 per violation, and that HOAs provide an opportunity to cure violations prior to discipline.
- Permit streamlining and housing approval timelines:
- Permanently extends key housing production statutes by removing sunset dates, including:
- The Permit Streamlining Act, maintaining 60- and 90-day deadlines for agency action following environmental review.
- The Housing Accountability Act, requiring projects to be evaluated only against objective standards in effect at the time a preliminary application is submitted.
- The Housing Crisis Act of 2019 (SB 330), permanently prohibiting housing moratoria, downzoning, and excessive public hearings (five maximum)
- Redefines “development project” to broadly include housing projects requiring local entitlements, whether discretionary or ministerial.
- Requires approval or disapproval of ministerial housing projects within 60 days of a complete application and removes certain procedural barriers to deemed approval.
- Other changes to planning and zoning laws:
- Amends the Affordable Housing on Faith and Higher Education Lands Act (SB 4, 2023): increases the allowed height bonus to 11 feet (or one story), reforms parking requirement to require the proposed development to provide up to one space per unit, unless a state law or local ordinance provides for a lower requirement, clarifies that childcare facilities are permitted ancillary uses without child-count limitations, and requires that annual reporting for the local housing element also include information on housing projects under the Affordable Housing on Faith and Higher Education Lands Act of 2023.
- This bill increases the Department of Housing and Community Development’s (HCD) authority over regional housing targets. If HC finds a regional council of governments’ (COG) housing allocation methodology inconsistent with state objectives, the COG must revise it within 45 days in consultation with HCD.
- Eliminates the provision that allowed COGs to adopt their own methodology over HCD’s objections by providing “substantial evidence.”
- Restricts the California Coastal Commission’s authority to hear appeals by removing two grounds for appeal of exclusively residential development projects that were previously appealable: projects located in sensitive coastal areas and projects approved by coastal counties.
- Building standards and inspections:
- From October 1, 2025 through June 1, 2031, generally prohibits local governments from adopting or enforcing residential building standards that exceed or conflict with state building standards, subject to limited exceptions (e.g., health and safety, fire prevention, climate policy, or preexisting standards).
- Requires the State Building Standards Commission to reject nonconforming local amendments.
- Requires annual inspections of homeless shelters by cities and counties to ensure compliance with state building and safety standards, with state funding consequences for noncompliance.
- Labor Requirements
- Development proponent ultimately liable in worker disputes.
- No wage standard for projects under 85 feet.
- Seismic retrofitting program: Requires the California Residential Mitigation Program, upon appropriation by the Legislature, to fund seismic retrofitting of affordable multifamily housing, with priority given to housing serving lower income households.
- Also establishes foreclosure protections and allocates funding for Housing counseling and legal services.
Provided by lawmakers
Bill Title
Housing (CEQA Budget Trailer Bill)