Planning and zoning: housing development projects: postentitlement phase permits: state agencies.

The term 'state department agency' is replaced everywhere with 'state agency,' now defined by reference to Section 11000 rather than the prior narrower definition of 'any department of the state involved in governmental reviews or approvals associated with a housing development project.' This broadens which state entities are covered.

The definition of postentitlement phase permit for state agencies is narrowed: it now only covers reviews 'necessary to begin construction of a development that is intended to be at least two-thirds residential, excluding discretionary and ministerial planning permits, entitlements, and other permits and reviews covered under Chapter 4.5 (commencing with Section 65920).' Previously it covered any postentitlement review by a state department agency associated with a housing development proposal without those limitations.

New exclusions added for state agencies: permits issued under delegated federal authority pursuant to the Clean Water Act (33 U.S.C. Sec. 1251 et seq.) or Safe Drinking Water Act (42 U.S.C. Sec. 300f et seq.), and permits authorizing discharges of waste to waters of the state, are carved out from the postentitlement phase permit definition.

The general exclusion in paragraph (C) no longer includes the catch-all phrase 'or any other entity that is not a city, county, or city and county.' Only the California Coastal Commission, special districts, and utilities not owned and operated by a local agency remain explicitly excluded. This potentially broadens coverage to additional state entities.

Minor corrections: 'off-site' changed to 'offsite,' redundant 'review reviews' corrected to 'reviews,' and the requirement for thresholds to be 'supported by written findings adopted by the jurisdiction' simplified to 'supported by written findings.'

In Section 65913.3(k)(3)(A)(i), the phrase 'or state agency' was removed from the description of nondiscretionary permits covered by that subsection, so it now reads 'required or issued by the local agency' instead of 'required or issued by the local agency or state agency.' This eliminates an overlap with subsection (iii), which separately covers state agency postentitlement reviews.

In Section 65913.3(k)(3)(A)(iii)(I), the phrase 'associated with a housing development proposal' was removed, so the provision now reads 'any postentitlement review by a state agency that is necessary to begin construction of a development that is intended to be at least two-thirds residential.' This simplifies the language without changing the practical scope.

The definition of 'state department' (now 'state department agency') was changed from a broad functional definition ('any department of the state involved in governmental reviews or approvals associated with a housing development project') to an incorporation by reference: it now has the same meaning as defined in Section 11000. This could narrow which state entities are subject to the bill's permit review timelines.

Throughout the entire bill, the term 'state department' was renamed to 'state department agency' for consistency with the new definition.

A new sentence was added to subdivision (k)(3)(B) stating that a local agency identifying a threshold for 'minor' or 'standard' permits 'shall adopt the threshold by ordinance,' making the ordinance requirement explicit rather than implied.

Minor punctuation and formatting changes throughout, including a likely typo in subdivision (c)(3) where '(2)' appears duplicated ('pursuant to paragraph (1) or (2) (2)'). Page numbering changed from 98 to 97.

Header changed from enrolled bill format to chaptered format with Chapter 488 designation and governor approval date of October 10, 2025.

Page numbers changed from 95 to 94 and page headers changed from 'AB 301' to 'Ch. 488' throughout the document.

The requirement to post examples of complete applications and permits for at least five types of housing development projects (ADU, duplex, multifamily, mixed use, townhome) now applies only to local agencies. State departments are only required to post a single example of a complete application and a complete set of postentitlement phase permits.

A new deadline is added requiring state departments to make their information lists and examples available on their internet websites no later than January 1, 2026. Local agencies already had a January 1, 2024 deadline for the same requirement.