BILL NUMBER: AB 1500 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Maienschein
FEBRUARY 27, 2015
An act to add Section 21080.40 to the Public Resources Code,
relating to environmental quality.
LEGISLATIVE COUNSEL'S DIGEST
AB 1500, as introduced, Maienschein. California Environmental
Quality Act: homeless complex projects: exemption.
The California Environmental Quality Act (CEQA) requires a lead
agency, as defined, to prepare, or cause to be prepared, and certify
the completion of, an environmental impact report (EIR) on a project
that it proposes to carry out or approve that may have a significant
effect on the environment or to adopt a negative declaration if it
finds that the project will not have that effect. CEQA also requires
a lead agency to prepare a mitigated negative declaration for a
project that may have a significant effect on the environment if
revisions in the project would avoid or mitigate that effect and
there is no substantial evidence that the project, as revised, would
have a significant effect on the environment. CEQA exempts specified
projects from its requirements.
This bill would exempt from the requirements of CEQA homeless
complex projects, as defined. Because a lead agency would be required
to determine the applicability of this exemption, this bill would
impose a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 21080.40 is added to the Public Resources Code,
to read:
21080.40. (a) For purposes of this section, the following terms
mean the following:
(1) "Emergency shelter" has the same meaning as set forth in
Section 50801 of the Health and Safety Code.
(2) "Homeless complex project" means an activity or approval
necessary for, or incidental to, the development, planning, design
site acquisition, subdivision, financing, leasing, construction,
operation, or maintenance of an emergency shelter, temporary or
transitional housing, supportive housing, low-income housing, or
building that provides services for the homeless, and associated
development, including any accessory roadway, utility, or other
improvement to that shelter, housing, building, or associated
development.
(3) "Low-income housing" means housing with affordable housing
cost to extremely low households, very low income households, or
lower income households, as those terms are defined in Section
50052.5 of the Health and Safety Code.
(4) "Supportive housing" has the same meaning as set forth in
paragraph (2) of subdivision (b) of Section 50675.14 of the Health
and Safety Code.
(5) "Transitional housing" has the same meaning as set forth in
Section 50801 of the Health and Safety Code.
(b) This division does not apply to a homeless complex project.
SEC. 2. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because a
local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
level of service mandated by this act, within the meaning of Section
17556 of the Government Code.