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AB 2118

Affordable Housing and High Road Jobs Act of 2022: use by right: objective standards.

2025-2026 Regular Session Introduced by Joshua Hoover

Expands use-by-right for certain mixed-income housing by establishing objective standards and streamlined ministerial approvals, narrowing CEQA review.

Read second time and amended. Re-referred to Com. on APPR.
#affordablehousingandhighroadjobsactof2022 #objectivestandards #usebyright
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WeVote Research Nonpartisan
Bill Summary · AB 2118

Summary of AB 2118 (California 2025-2026) – Affordable Housing and High Road Jobs Act of 2022: use by right: objective standards

Note: AB 2118 is the introduced bill in the 2025-2026 session that amends Government Code provisions related to the Affordable Housing and High Road Jobs Act of 2022. It focuses on clarifying and expanding the use-by-right framework, objective standards, and related CEQA definitions. The following summary captures the bill’s stated purpose, key provisions, affected parties, and procedural/timeline aspects based on the introduced text and legislative digest.

1) Purpose and intent

  • Expand and reinforce the “use by right” concept for certain mixed-income housing developments along commercial corridors, while ensuring objective standards govern development approvals.
  • Extend and apply objective standards and streamlined ministerial review to projects that meet specified site, density, and affordability criteria, with an emphasis on facilitating higher-density housing near transit, campuses, and commercial corridors.
  • Confirm state-level scope by finding housing provision a statewide concern, applying to all cities (including charter cities).

2) Key provisions and changes

  • Definitions and scope (amendments to Government Code sections 65912.101 and 65912.123):

    • “Use by right” is defined as a development project for which any state or local permit or approval is not subject to discretionary review and is not a “project” under CEQA (or, as amended, any permit/approval is not a CEQA “project”).
    • Adds clarity that use-by-right applies to all aspects of the development, including state or local approvals.
    • Establishes a framework of objective standards that govern zoning, subdivision, and design review without subjective discretion.

  • Objective standards framework (new/expanded provisions):

    • Objective standards must be uniformly verifiable by external benchmarks available before submittal.
    • Standards can be embodied in housing overlay zones, specific plans, inclusionary zoning, density bonus ordinances, or similar tools.
    • If objective standards exist, they should not preclude Density or mix of uses, should not require reducing unit sizes to meet standards, and should not prohibit mixed-use components in housing developments.
    • Local objective standards must be those closest to the proposed density in the city/county and in effect at the time the application is submitted.

  • Density, height, and design standards for use-by-right projects:

    • Density calculations for metropolitan vs. non-metropolitan jurisdictions, with specific density floors per site size and corridor width.
    • Higher density allowances near very low vehicle travel areas, near major transit stops, or within campus development zones (e.g., up to 80 units per acre in certain cases).
    • Height allowances tied to corridor width, campus zones, transit stops, and metropolitan status, with detailed tiered heights (e.g., up to 65 feet in certain eligible circumstances).
    • Ground-floor frontage and setback rules designed to promote street-level engagement and urban form; specific ground-floor frontage requirements (e.g., 80% frontage abutting the street for certain portions).

  • Parking and amenities:

    • Parking is generally not required for use-by-right housing projects under this act, but existing requirements for bicycle parking, EV charging, and accessible parking remain enforceable where they would have applied otherwise.

  • Commercial displacement protections and relocation assistance:

    • Provisions require notice to existing commercial tenants and provide relocation assistance (ranging from 6 to 18 months’ rent depending on tenure and other factors) if a site hosts commercial tenants, subject to eligibility criteria.

  • Environmental review and CEQA:

    • Reframes use-by-right to affect CEQA review by clarifying that approved or permitted projects under the use-by-right framework are not treated as a CEQA project.

3) Who or what would be affected

  • Local governments (cities and counties, including charter cities) administering housing development approvals.
  • Development proponents proposing mixed-income housing along commercial corridors and campuses.
  • Communities near campus development zones, major transit stops, and high-density corridors.
  • Commercial tenants located on sites undergoing housing development, due to relocation assistance provisions.
  • State government agencies involved in permitting and review for housing projects, as the framework is intended to streamline approvals at the state/local level.

4) Procedural and timeline aspects

  • Effective date and sunset:
    • The bill, building on the Affordable Housing and High Road Jobs Act of 2022, contemplates continued use-by-right provisions through a set period and outlines objective standards applicable to projects applying under the program.
  • Relationship to CEQA and state-mandated local programs:
    • The measure asserts CEQA exemption-like treatment for use-by-right projects by redefining “use by right” to cover all state/local permits and approvals so that such projects are not CEQA “projects.”
    • It creates a state-mandated local program, with no state-reimbursement required for costs imposed on local agencies.
  • Legislative process:
    • The bill has moved through committee processing in early 2026, with amendments and re-references between committees, indicating active consideration and refinement prior to floor action.

5) Notable details

  • Density and height prescriptions are detailed and jurisdiction-specific, including:
    • Metropolitan vs. non-metropolitan density floors (e.g., up to 80 units per acre under specific conditions; up to 70 units per acre in non-metro areas under certain circumstances).
    • Maximum height allowances linked to corridor width and transit proximity, including special cases granting taller structures near transit and in campus zones.
  • Acknowledgment of statewide concern designation increases the bill’s reach to charter cities and all municipalities.
  • Nonreimbursement declaration assures no separate state-mandated-cost reimbursement requirement.

If you’d like, I can provide a concise one-page briefing or a comparison table highlighting differences from prior law and the 2022 Act.

Compiled from official sources — confirm details with the bill’s official record.

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