AB1737:v98#DOCUMENTBill Start
Amended
IN
Assembly
March 23, 2023
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CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 1737
Introduced by Assembly Member Bauer-Kahan
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February 17, 2023 |
An act to amend Section 19.6 of the Penal Code, relating to criminal law. add Section 65008.5 to the Government Code, relating to local government.
LEGISLATIVE COUNSEL'S DIGEST
AB 1737, as amended, Bauer-Kahan.
Infractions. Local government: zoning and planning.
The Planning and Zoning Law authorizes a development proponent to submit an application for a housing development that meets specified objective standards and affordability and site criteria, including being located within a zone where office, retail, or parking are a principally permitted use, and would make the development a use by right that is subject to one of 2 streamlined ministerial review processes.
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 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. CEQA does not apply to the approval of ministerial projects.
This bill would authorize an entity to submit an application for a health facility that will provide reproductive health services if the proposed health facility meets certain requirements, including, among others, that the proposed health facility is located on a legal parcel or group of parcels that is more than 50 miles from the nearest health facility that provides reproductive health services. The bill would make the licensed health facility subject to a streamlined ministerial review process and a use by right, thereby exempting the approval of development projects subject to that approval process from CEQA.
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.
Existing law provides that an infraction is not punishable by imprisonment. Existing law
also specifies that a person charged with an infraction is not entitled to a trial by jury and is generally not entitled to have a public defender or other counsel appointed at public expense to represent them.
This bill would make technical, nonsubstantive changes to those provisions.
Digest Key
Vote:
MAJORITY
Appropriation:
NO
Fiscal Committee:
NOYES
Local Program:
NOYES
Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 65008.5 is added to the Government Code, to read:65008.5.
(a) Notwithstanding any inconsistent provision of a local government’s general plan, specific plan, zoning ordinance, or regulation, an entity may submit an application for a health facility that will provide reproductive health services that shall be a use by right and that shall be subject to a streamlined ministerial review if the proposed health facility meets the requirements set forth in subdivision (b).(b) An entity that submits an application pursuant to this section shall be subject to a streamlined ministerial review if the proposed health facility meets the following criteria:
(1) The proposed health facility is located in a zone where office, retail, health care,
or parking are a principally permitted use.
(2) The proposed health facility is located on a legal parcel or group of parcels that is more than 50 miles from the nearest health facility that provides reproductive health services.
(3) The proposed health facility is less than 4,000 square feet in size.
(c) “Use by right” for purposes of this section means a proposed health facility that will provide reproductive health services that satisfies the following conditions:
(1) The proposed health facility does not require a conditional use permit or other discretionary local government review.
(2) The proposed health facility is not a “project” for purposes of Division 13 (commencing with
Section 21000) of the Public Resources Code.
SEC. 2.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.SECTION 1.Section 19.6 of the Penal Code is amended to read:19.6.An infraction is not punishable by imprisonment. A person charged with an infraction is not entitled to a trial by jury. A person charged with an infraction is not entitled to have the public defender or other counsel appointed at public expense to represent them unless they are arrested and not released on their written promise to appear, their own recognizance, or a deposit of bail.