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New Tribal Consultation Requirements in California

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.

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