BILL NUMBER: AB 1268	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 5, 2015
	AMENDED IN ASSEMBLY  MARCH 26, 2015

INTRODUCED BY   Assembly Member Steinorth
    (   Principal coauthor:   Assembly Member
  Kim  ) 
    (   Coauthors:   Assembly Members 
 Brough,   Harper,   Mayes,   Olsen,
  and Wilk   ) 

                        FEBRUARY 27, 2015

   An act to amend Section 21159.21 of the Public Resources Code,
relating to the California Environmental Quality Act.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1268, as amended, Steinorth. California Environmental Quality
Act: exemption for a housing project.
   The California Environmental Quality Act (CEQA) generally requires
all state and local governmental lead agencies to prepare, or cause
to be prepared by contract, and certify the completion of, an
environmental impact report on any discretionary project that they
propose to carry out or approve that may result in a significant
effect on the environment, that is, a substantial, or potentially
substantial, adverse change in the physical conditions that exist
within the area that will be affected by the project. Under existing
law, a housing project qualifies for an exemption from CEQA if
certain requirements are met, including the requirement that the site
is not located within the boundaries of a state conservancy.
   This bill would eliminate the requirement that the site not be
located within the boundaries of a state conservancy.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 21159.21 of the Public Resources Code is
amended to read:
   21159.21.  A housing project qualifies for an exemption from this
division pursuant to Section 21159.22, 21159.23, or 21159.24 if it
meets the criteria in the applicable section and all of the following
criteria:
   (a) The project is consistent with any applicable general plan,
specific plan, and local coastal program, including any mitigation
measures required by a plan or program, as that plan or program
existed on the date that the application was deemed complete and with
any applicable zoning ordinance, as that zoning ordinance existed on
the date that the application was deemed complete, except that a
project shall not be deemed to be inconsistent with the zoning
designation for the site if that zoning designation is inconsistent
with the general plan only because the project site has not been
rezoned to conform with a more recently adopted general plan.
   (b)  Community-level   A community-level
 environmental review has been adopted or certified.
   (c) The project and other projects approved prior to the approval
of the project can be adequately served by existing utilities, and
the project applicant has paid, or has committed to pay, all
applicable in-lieu or development fees.
   (d) The site of the project does not contain wetlands, does not
have any value as a wildlife habitat, and the project does not harm
any species protected by the federal Endangered Species Act of 1973
(16 U.S.C. Sec. 1531 et seq.) or  protected  by the Native
Plant Protection Act (Chapter 10 (commencing with Section 1900) of
Division 2 of the Fish and Game Code), the California Endangered
Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3
of the Fish and Game Code), and the project does not cause the
destruction or removal of any species protected by a local ordinance
in effect at the time the application for the project was deemed
complete. For the purposes of this subdivision, "wetlands" has the
same meaning as in Section 328.3 of Title 33 of the Code of Federal
Regulations and "wildlife habitat" means the ecological communities
upon which wild animals, birds, plants, fish, amphibians, and
invertebrates depend for their conservation and protection.
   (e) The site of the project is not included on any list of
facilities and sites compiled pursuant to Section 65962.5 of the
Government Code.
   (f) The site of the project is subject to a preliminary
endangerment assessment prepared by an environmental assessor to
determine the existence of any release of a hazardous substance on
the site and to determine the potential for exposure of future
occupants to significant health hazards from any nearby property or
activity.
   (1) If a release of a hazardous substance is found to exist on the
site, the release shall be removed, or any significant effects of
the release shall be mitigated to a level of insignificance in
compliance with state and federal requirements.
   (2) If a potential for exposure to significant hazards from
surrounding properties or activities is found to exist, the effects
of the potential exposure shall be mitigated to a level of
insignificance in compliance with state and federal requirements.
   (g) The project does not have a significant effect on historical
resources pursuant to Section 21084.1.
   (h) The project site is not subject to any of the following:
   (1) A wildland fire hazard, as determined by the Department of
Forestry and Fire Protection, unless the applicable general plan or
zoning ordinance contains provisions to mitigate the risk of a
wildland fire hazard.
   (2) An unusually high risk of fire or explosion from materials
stored or used on nearby properties.
   (3) Risk of a public health exposure at a level that would exceed
the standards established by any state or federal agency.
   (4) Within a delineated earthquake fault zone, as determined
pursuant to Section 2622, or a seismic hazard zone, as determined
pursuant to Section 2696, unless the applicable general plan or
zoning ordinance contains provisions to mitigate the risk of an
earthquake fault or seismic hazard zone.
   (5) Landslide hazard, flood plain, flood way, or restriction zone,
unless the applicable general plan or zoning ordinance contains
provisions to mitigate the risk of a landslide or flood.
   (i) (1) The project site is not located on developed open space.
   (2) For the purposes of this subdivision, "developed open space"
means land that meets all of the following criteria:
   (A) Is publicly owned, or financed in whole or in part by public
funds.
   (B) Is generally open to, and available for use by, the public.
   (C) Is predominantly lacking in structural development other than
structures associated with open spaces, including, but not limited
to, playgrounds, swimming pools, ballfields, enclosed child play
areas, and picnic facilities.
   (3) For the purposes of this subdivision, "developed open space"
includes land that has been designated for acquisition by a public
agency for developed open space, but does not include lands acquired
by public funds dedicated to the acquisition of land for housing
purposes.