Development projects: preliminary estimate of required improvements: onsite and offsite improvements.

Line numbers (line 1, line 2, etc.) were removed from the statutory text, which is standard when a bill moves from an amended version to the enrolled version.

The header changed from amendment tracking dates to the enrolled bill format showing passage by the Senate on August 26, 2026 and the Assembly on August 24, 2026, along with a Governor approval signature block.

The definition of 'improvement' no longer includes 'education' in its list of public services, narrowing what types of infrastructure can be counted as an improvement under this section.

A new paragraph (4) defines 'public agency' to include special districts but explicitly exclude school districts, clarifying which entities are subject to the applicant's right to request a list of potential improvements.

Paragraph (3) now references only 'special district' instead of 'a school district or a special district,' consistent with the new public agency definition that excludes school districts from the provision allowing applicants to request improvement lists from non-municipal agencies.

The CEQA exception in paragraph (c)(2)(B)(iii) was restructured: it no longer requires that the postentitlement permit be separately 'subject to' CEQA as an independent condition. The trigger is now simply that the permit is a discretionary building permit or other specified permit type, and the city may require improvements to mitigate environmental effects 'as required pursuant to' CEQA.

The term 'development proponent' is replaced with 'applicant' throughout the bill, simplifying the language to match terminology used elsewhere in the Government Code.

The definition of 'improvement' is narrowed by removing the phrase 'but is not limited to,' changing it from an open-ended list to one that simply 'includes any facilities or infrastructure for the delivery of public services.'

A new 30-day deadline is added: applicants must request a list of improvements from other public agencies (such as school districts or special districts) within 30 days of submitting their preliminary application or application. Previously there was no time limit for making this request.

A new subsection (d) is added stating that nothing in the section relieves a city, county, or city and county of its obligation to comply with subdivision (o) of Section 65589.5 before subjecting a housing development project to an improvement that was not in effect when a preliminary application was submitted. This protects applicants from having new infrastructure requirements imposed after they have already applied.

The CEQA exception in subsection (c)(2)(B)(iii) is narrowed. It now only applies when the postentitlement permit is 'a discretionary building permit or other permit as described in clause (ii) of subparagraph (A) of paragraph (3) of subdivision (k) of Section 65913.3,' rather than any postentitlement permit subject to CEQA. This limits when a local agency can require improvements not on the itemized list for environmental mitigation.

Section 65913.3.2 was removed entirely. This section had independently prohibited any local or state agency from requiring onsite or offsite improvements to a housing development project that were not disclosed within 30 days of submitting a postentitlement phase permit application.

The prohibition on requiring undisclosed improvements is now embedded in Section 65941.3(c)(2) rather than standing alone. The trigger changed from 'within 30 days of submitting an application' to 'prior to issuance of, or otherwise in connection with, a postentitlement phase permit' and is tied to the itemized list provided under paragraph (1).

The preliminary estimate requirement now specifies a 'good faith estimate of the list of the types of onsite or offsite improvements' rather than simply 'a list of the types,' adding a good faith qualifier to the listing obligation.

The deadline for providing the itemized list of required improvements changed from 'within 30 business days of an application for a postentitlement phase permit' to 'within 30 business days of deeming an application for a postentitlement phase permit complete.' This gives agencies more time because the clock now starts when the application is deemed complete rather than when it is submitted.

Two new exceptions were added to the prohibition on requiring improvements not on the itemized list: (1) if the developer changes or requests to change the scope of work permitted and the improvement is reasonably related to the expanded scope, and (2) if the permit is subject to CEQA, the agency may require improvements to mitigate potentially significant environmental effects. Previously only a public health and safety exception existed.

The term 'development proponent' was replaced with 'applicant' throughout the operative provisions of Section 65941.3, narrowing or clarifying who is covered by the requirements.

New definitions added: 'housing development project' expanded to include parcel map applications under Section 66499.41; 'improvement' broadly defined to cover education, police, fire, parks, transit, utilities, energy, communications, water, and wastewater infrastructure; 'postentitlement phase permit' cross-referenced from existing law.

Development proponents may now request a preliminary estimate of required improvements in their preliminary application or full application. The city or county must respond within 30 business days with a list of improvement types and good faith cost estimates for improvements the city/county will build.

Within 30 business days of a postentitlement phase permit application, the city or county must provide an itemized list of ALL onsite and offsite improvements required before that permit is issued. The agency may not require construction of any improvement not on that list before issuing the permit.

Preliminary estimates are explicitly excluded from covering improvements required by other public agencies or utilities (including school districts and special districts) and improvements imposed under CEQA. However, proponents may separately request lists from those other agencies, which must respond within 30 business days.

The bill's digest was substantially expanded to describe all new mechanisms, including the preliminary estimate process, the postentitlement list requirement, the prohibition on undisclosed improvements, and the state-mandated local program finding. The title was corrected from 'Sections 65913.3.2 and 65941.3' to 'Sections 65913.3.2 and Section 65941.3.'

Exception to the postentitlement disclosure prohibition: a city or county may still require additional improvements not on the list if it finds, based on substantial evidence, that the improvement is necessary to mitigate or avoid a specific adverse impact on public health or safety.

Estimates provided under the new provisions are explicitly for informational purposes only and shall not be legally binding or affect the scope, extent, or cost of improvements required under other law.