BILL ANALYSIS Ó ------------------------------------------------------------ |SENATE RULES COMMITTEE | AB 931| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ 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 CONTINUED AB 931 Page 2 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 CONTINUED AB 931 Page 3 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) CONTINUED AB 931 Page 4 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 **** END **** CONTINUED