In September 2020, the state legislature passed two bills that impose new tribal consultation requirements on projects that were not subject to SB 18 or AB 52. These include:
· AB 1561, which extends the 30-day response windows for tribes under AB 52 only for very low-, low-, or moderate-income housing development projects for which applications were determined or deemed complete on or after March 4, 2020 to December 31, 2021; and
· AB 168, which creates a new AB 52-like “scoping consultation” process after a notice of intent to file an application under the state’s new SB 35 streamlined, ministerial approval process for low and moderate income housing is received by a local agency, but before the actual application is filed and processed.
For more information on how these bills may affect your project, please contact Lisa Westwood at (916) 782-9100.