AB 3122 (Chapter 754, Statutes of 2024)

This bill would amend Government Code Section 65913.4, which establishes a ministerial exemption for certain residential and mixed-use projects. Under existing statute, the city/county can only apply adopted objective planning standards to such projects. AB 3122 would allow the city/county to apply objective planning standards adopted after acceptance of the project for processing under certain circumstances. The circumstances relate to changes made to the development application after its submittal to increase the intensity of the proposed development.

For subdivision projects, AB 3122 would require that a qualifying development be located on a legal parcel within an unincorporated city, or within an urbanized area or urban cluster in a county with a population greater than 250,000. Alternatively, a subdivision project could qualify if it has received or will receive financing or funding by means of a low-income housing tax credit.

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Summary of Key 2024 CEQA Legislation

Association of Environmental Professionals 2025