BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      



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          |SENATE RULES COMMITTEE            |                   AB 931|
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                                 THIRD READING


          Bill No:  AB 931
          Author:   Dickinson (D)
          Amended:  9/2/11 in Senate
          Vote:     21

           
           SENATE ENVIRONMENTAL QUALITY COMMITTEE :  7-0, 07/06/11
          AYES:  Simitian, Strickland, Blakeslee, Hancock, Kehoe, 
            Lowenthal, Pavley

           SENATE APPROPRIATIONS COMMITTEE  :  Senate Rule 28.8

           ASSEMBLY FLOOR  :  78-0, 05/19/11 (consent) - See last page 
            for vote


           SUBJECT  :    Environment:  CEQA exemption: housing projects

           SOURCE  :     California State Association of Counties


           DIGEST  :    This bill exempts from the California 
          Environmental Quality Act (CEQA) an infill housing project 
          that may be used for neighborhood-serving goods, services, 
          or retail uses to a level that does not exceed 25 percent 
          of the total building square footage of the project.

           Senate Floor Amendments  of 9/2/11:  1) allow a "transit 
          proximity project" (as defined) to be subject to certain SB 
          375 environmental review procedures until adoption of a 
          sustainable communities strategy, and sunsets January 1, 
          2015; and 2) allow an "employment priority project" (as 
          defined) to also be subject to those environmental review 
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          procedures.

           ANALYSIS  :    

          I. Existing law, under the CEQA:

             1.    Requires lead agencies with the principal 
                responsibility for carrying out or approving a 
                proposed discretionary project to prepare a negative 
                declaration, mitigated declaration, or environmental 
                impact report for this action, unless the project is 
                exempt from CEQA (CEQA includes various statutory 
                exemptions, as well as categorical exemptions in the 
                CEQA guidelines).  (Public Resources Code §21000 et 
                seq.).

             2.    Provides a statutory exemption for a residential 
                project on an infill site under certain conditions, 
                and defines "residential" to be either:

                A.       Residential units only.
                B.       Residential units and primarily 
                   neighborhood-serving goods, services, or retail 
                   uses that do not exceed 15 percent of the total 
                   project floor area.

          This bill revises the residential infill exemption by 
          increasing the amount of allowable neighborhood-serving 
          goods, services, or retail uses from 15 percent to 25 
          percent of the total project floor area.

          According to the author's office, this bill seeks to 
          increase the amount of commercial in a development seeking 
          Ýa residential infill exemption].  Existing law allows only 
          15 percent of a project to be commercial, based upon the 
          total floor space.  This will increase that limit to 25 
          percent.

          II.CEQA authorizes the use of a sustainable communities 
             environmental assessment or modified environmental 
             impact report for the purposes of CEQA for a transit 
             priority project meeting specified requirements.

          This bill authorizes, until the adoption by a metropolitan 

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          planning organization of a sustainable communities 
          strategy, the use of a sustainable communities 
          environmental assessment or modified environmental impact 
          report for a transit proximity project meeting specified 
          conditions.  The bill repeals this provision on January 1, 
          2015.  The bill authorizes the use of a sustainable 
          environmental assessment or modified environmental impact 
          report for employment proximity projects meeting specified 
          conditions.
           
          Background on residential infill exemption  

          SB 1925 (Sher), Chapter 1039, Statutes of 2002, 
          consolidated provisions 
          relating to housing, established a residential infill 
          exemption, revised affordable housing exemptions, and 
          revised certain definitions, terms and conditions.

          The SB 1925 residential infill exemption applies if certain 
          conditions are met (e.g., project site is not more than 4 
          acres, project does not contain more than 100 residential 
          units, project promotes higher density development).  Under 
          this exemption, "residential" is either:  a) residential 
          units only; or b) residential units and primarily 
          neighborhood-serving goods, services, or retail uses that 
          do not exceed 15 percent of the total project floor area.

          SB 375 (Steinberg), Chapter 728, Statutes of 2008, contains 
          provisions in CEQA for certain projects that are consistent 
          with a sustainable communities strategy or alternative 
          planning strategy, including a provision where a 
          residential or mixed-use project consists of at least 75 
          percent of the total building square footage for 
          residential use (§21159.28).  By increasing the SB 1925 
          residential infill exemption percentage from 15 percent to 
          25 percent for the allowable non-residential uses, AB 1931 
          makes this provision more consistent with the percentage 
          specified under SB 375.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes   
          Local:  Yes

           SUPPORT  :   (Verified  9/6/11)


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          California State Association of Counties (source) 
          Associated Builders and Contractors of California
          Contra Costa County
          County of Sacramento Board of Supervisors


           ASSEMBLY FLOOR  :  78-0, 05/19/11
          AYES:  Achadjian, Allen, Ammiano, Atkins, Beall, Bill 
            Berryhill, Block, Blumenfield, Bonilla, Bradford, 
            Brownley, Buchanan, Butler, Charles Calderon, Campos, 
            Carter, Cedillo, Chesbro, Conway, Cook, Davis, Dickinson, 
            Donnelly, Eng, Feuer, Fletcher, Fong, Fuentes, Furutani, 
            Beth Gaines, Galgiani, Garrick, Gatto, Gordon, Grove, 
            Hagman, Halderman, Hall, Harkey, Hayashi, Roger 
            Hernández, Hill, Huber, Hueso, Huffman, Jeffries, Jones, 
            Knight, Lara, Logue, Bonnie Lowenthal, Ma, Mansoor, 
            Mendoza, Miller, Mitchell, Monning, Morrell, Nestande, 
            Nielsen, Norby, Olsen, Pan, Perea, V. Manuel Pérez, 
            Portantino, Silva, Skinner, Smyth, Solorio, Swanson, 
            Torres, Valadao, Wagner, Wieckowski, Williams, Yamada, 
            John A. Pérez
          NO VOTE RECORDED: Alejo, Gorell


          DLW:nl  9/6/11   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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