Bill Text: CA AB2557 | 2015-2016 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Zoning regulations: interim ordinances.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Failed) 2016-11-30 - From committee without further action. [AB2557 Detail]

Download: California-2015-AB2557-Amended.html

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BILL NUMBER: AB 2557	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 31, 2016

INTRODUCED BY   Assembly Members Santiago and Bloom

                        FEBRUARY 19, 2016

   An act to amend Section  12990   65858 
of the Government Code, relating to  public contracting.
  land use. 


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2557, as amended, Santiago.  State contracts:
nondiscrimination clause.   Zoning regulations: interim
ordinances.  
   The Planning and Zoning Law authorizes the legislative body of a
city, including a charter city, a county, or a city and county under
specified conditions to adopt for a period of 45 days as an urgency
measure an interim ordinance prohibiting any uses that may be in
conflict with a contemplated general plan, specific plan, or zoning
proposal that the legislative body, the planning commission, or the
planning department is considering or studying or intends to study
within a reasonable time. Existing law prohibits the extension of an
interim ordinance that would have the effect of denying approvals
needed for the development of projects with a significant component
of multifamily housing, except upon specified findings supported by
substantial evidence on the record.  
   This bill would instead prohibit an interim ordinance from having
the effect of denying approvals needed for the development of
projects with a significant component of multifamily housing. 

   Existing law, the California Fair Employment and Housing Act
(FEHA), prohibits an employer or labor organization, among others,
from discriminating against a person in specified contexts on the
basis of the person's race, religious creed, color, national origin,
ancestry, physical disability, mental disability, medical condition,
genetic information, marital status, sex, gender, gender identity,
gender expression, age, sexual orientation, or military and veteran
status. FEHA makes an employer who is, or wishes to become, a
contractor with the state for public works or for goods or services
subject to the provisions of FEHA relating to discrimination, and
requires every state contract and subcontract for public works or for
goods or services to contain a nondiscrimination clause prohibiting
discrimination on the bases enumerated in FEHA by contractors or
subcontractors.  
   This bill would specify that those provisions apply to
subcontractors, and would require each state agency with an active
contract or subcontract that contains the nondiscrimination clause to
negotiate amendments to the nondiscrimination clause as necessary to
ensure that the wording of the clause is consistent with the current
statutory nondiscrimination provisions. 
   Vote: majority. Appropriation: no. Fiscal committee:  yes
  no  . State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 65858 of the  
Government Code   is amended to read: 
   65858.  (a) Without following the procedures otherwise required
prior to the adoption of a zoning ordinance, the legislative body of
a county, city, including a charter city, or city and county, to
protect the public safety, health, and welfare, may adopt as an
urgency measure an interim ordinance prohibiting any uses that may be
in conflict with a contemplated general plan, specific plan, or
zoning proposal that the legislative body, planning commission or the
planning department is considering or studying or intends to study
within a reasonable time. That urgency measure shall require a
four-fifths vote of the legislative body for adoption. The interim
ordinance shall be of no further force and effect 45 days from its
date of adoption. After notice pursuant to Section 65090 and public
hearing, the legislative body may extend the interim ordinance for 10
months and 15 days and subsequently extend the interim ordinance for
one year. Any extension shall also require a four-fifths vote for
adoption. Not more than two extensions may be adopted.
   (b) Alternatively, an interim ordinance may be adopted by a
four-fifths vote following notice pursuant to Section 65090 and
public hearing, in which case it shall be of no further force and
effect 45 days from its date of adoption. After notice pursuant to
Section 65090 and public hearing, the legislative body may by a
four-fifths vote extend the interim ordinance for 22 months and 15
days.
   (c) The legislative body shall not adopt or extend any interim
ordinance pursuant to this section unless the ordinance contains
legislative findings that there is a current and immediate threat to
the public health, safety, or welfare, and that the approval of
additional subdivisions, use permits, variances, building permits, or
any other applicable entitlement for use which is required in order
to comply with a zoning ordinance would result in that threat to
public health, safety, or welfare.  In addition, any
  An  interim ordinance adopted pursuant to this
section  that has   shall not have  the
effect of denying approvals needed for the development of projects
with a significant component of multifamily  housing may not
be extended except upon written findings adopted by the legislative
body, supported by substantial evidence on the record, that all of
the following conditions exist:   housing. 

   (1) The continued approval of the development of multifamily
housing projects would have a specific, adverse impact upon the
public health or safety. As used in this paragraph, a "specific,
adverse impact" means a significant, quantifiable, direct, and
unavoidable impact, based on objective, identified written public
health or safety standards, policies, or conditions as they existed
on the date that the ordinance is adopted by the legislative body.
 
   (2) The interim ordinance is necessary to mitigate or avoid the
specific, adverse impact identified pursuant to paragraph (1).
 
   (3) There is no feasible alternative to satisfactorily mitigate or
avoid the specific, adverse impact identified pursuant to paragraph
(1) as well or better, with a less burdensome or restrictive effect,
than the adoption of the proposed interim ordinance. 
   (d) Ten days prior to the expiration of that interim ordinance or
any extension, the legislative body shall issue a written report
describing the measures taken to alleviate the condition which led to
the adoption of the ordinance.
   (e) When an interim ordinance has been adopted, every subsequent
ordinance adopted pursuant to this section, covering the whole or a
part of the same property, shall automatically terminate and be of no
further force or effect upon the termination of the first interim
ordinance or any extension of the ordinance as provided in this
section.
   (f) Notwithstanding subdivision (e), upon termination of a prior
interim ordinance, the legislative body may adopt another interim
ordinance pursuant to this section provided that the new interim
ordinance is adopted to protect the public safety, health, and
welfare from an event, occurrence, or set of circumstances different
from the event, occurrence, or set of circumstances that led to the
adoption of the prior interim ordinance.
   (g) For purposes of this section, "development of multifamily
housing projects" does not include the demolition, conversion,
redevelopment, or rehabilitation of multifamily housing that is
affordable to lower income households, as defined in Section 50079.5
of the Health and Safety Code, or that will result in an increase in
the price or reduction of the number of affordable units in a
multifamily housing project.
   (h) For purposes of this section, "projects with a significant
component of multifamily housing" means projects in which multifamily
housing consists of at least one-third of the total square footage
of the project. 
  SECTION 1.    Section 12990 of the Government Code
is amended to read:
   12990.  (a) Any employer who is, or wishes to become, a contractor
or subcontractor with the state for public works or for goods or
services is subject to the provisions of this part relating to
discrimination in employment and to the nondiscrimination
requirements of this section and any rules and regulations that
implement it.
   (b) Prior to becoming a contractor or subcontractor with the
state, an employer may be required to submit a nondiscrimination
program to the department for approval and certification and may be
required to submit periodic reports of its compliance with that
program.
   (c) (1) Every state contract and subcontract for public works or
for goods or services shall contain a nondiscrimination clause
prohibiting discrimination on the bases enumerated in this part by
contractors or subcontractors. The nondiscrimination clause shall
contain a provision requiring contractors and subcontractors to give
written notice of their obligations under that clause to labor
organizations with which they have a collective bargaining or other
agreement. These contractual provisions shall be fully and
effectively enforced. This subdivision does not apply to a credit
card purchase of goods of two thousand five hundred dollars ($2,500)
or less. The total amount of exemption authorized herein shall not
exceed seven thousand five hundred dollars ($7,500) per year for each
company from which a state agency is purchasing goods by credit
card. It shall be the responsibility of each state agency to monitor
the use of this exemption and adhere to these restrictions on these
purchases.
   (2) (A) Each state agency with an active contract or subcontract
that contains a nondiscrimination clause pursuant to this subdivision
shall negotiate amendments to the nondiscrimination clause or
necessary to ensure that the wording of the clause is consistent with
the current statutory nondiscrimination provisions of this part.
   (B) This paragraph applies to all active contracts or
subcontracts, regardless of the date the contract or subcontract was
entered into.
   (d) The department shall periodically develop rules and
regulations for the application and implementation of this section,
and submit them to the council for consideration and adoption in
accordance with the provisions of Chapter 3.5 (commencing with
Section 11340) of Part 1. Those rules and regulations shall describe
and include, but not be limited to, all of the following:
   (1) Procedures for the investigation, approval, certification,
decertification, monitoring, and enforcement of nondiscrimination
programs.
   (2) The size of contracts or subcontracts below which any
particular provision of this section shall not apply.
   (3) The circumstances, if any, under which a contractor or
subcontractor is not subject to this section.
   (4) Criteria for determining the appropriate plant, region,
division, or other unit of a contractor's or subcontractor's
operation for which a nondiscrimination program is required.
   (5) Procedures for coordinating the nondiscrimination requirements
of this section and its implementing rules and regulations with the
California Plan for Equal Opportunity in Apprenticeship, with the
provisions and implementing regulations of Article 9.5 (commencing
with Section 11135) of Chapter 1 of Part 1, and with comparable
federal laws and regulations concerning nondiscrimination, equal
employment opportunity, and affirmative action by those who contract
with the United States.
   (6) The basic principles and standards to guide the department in
administering and implementing this section.
   (e) Where a contractor or subcontractor is required to prepare an
affirmative action, equal employment, or nondiscrimination program
subject to review and approval by a federal compliance agency, that
program may be filed with the department, instead of any
nondiscrimination program regularly required by this section or its
implementing rules and regulations. Such a program shall constitute a
prima facie demonstration of compliance with this section. Where the
department or a federal compliance agency has required the
preparation of an affirmative action, equal employment, or
nondiscrimination program subject to review and approval by the
department or a federal compliance agency, evidence of such a program
shall also constitute prima facie compliance with an ordinance or
regulation of any city, city and county, or county that requires an
employer to submit such a program to a local awarding agency for its
approval prior to becoming a contractor or subcontractor with that
agency.
   (f) Where the department determines and certifies that the
provisions of this section or its implementing rules and regulations
are violated or determines a contractor or subcontractor is engaging
in practices made unlawful under this part, the department may
recommend appropriate sanctions to the awarding agency. Any such
recommendation shall take into account the severity of the violation
or violations and any other penalties, sanctions, or remedies
previously imposed.