BILL NUMBER: AB 1500 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JANUARY 4, 2016
AMENDED IN ASSEMBLY APRIL 16, 2015
INTRODUCED BY Assembly Member Maienschein
(Coauthors: Assembly Members Mullin and Steinorth)
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 amended, Maienschein. California Environmental Quality
Act: priority housing 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 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 priority
housing projects, as defined, if specified conditions are met.
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) "Affordable housing cost" has the same meaning as set forth in
Section 50052.5 of the Health and Safety Code.
(2) "Affordable rent" has the same meaning as set forth in Section
50053 of the Health and Safety Code.
(3)
(1) "Emergency shelter" has the same meaning as set
forth in Section 50801 of the Health and Safety Code.
(4) "Low-income housing" means housing with at least 20 percent of
the units affordable to lower income households subject to all of
the following:
(A) The project developer shall provide sufficient legal
commitments to the appropriate local agency to ensure the continued
availability and use of the housing units for extremely low income
households, very low income households, or lower income households at
monthly housing costs with an affordable housing cost or affordable
rent for the period required by the applicable financing method.
(B) Rental units shall be affordable for at least 55 years.
(C) Ownership units shall be subject to resale restrictions or
equity sharing requirements for at least 30 years.
(5) "Lower income household" has the same meaning as set forth in
Section 50079.5 of the Health and Safety Code.
(6)
(2) "Priority housing project" means an activity or
approval necessary for, or incidental to, the development, planning,
design design, site acquisition,
subdivision, financing, leasing, construction, operation, or
maintenance of an emergency shelter, transitional housing,
supportive housing, low-income housing, or associated development,
including any accessory roadway, utility, or other improvement to
that shelter, housing, or associated development. or
supportive housing.
(7)
(3) "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.
(8)
(4) "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 priority housing project if
all of the following conditions are met:
(1) The project does not result in a net loss in the number of
housing units with an affordable housing cost or affordable rent to
lower income households within the project area.
(2)
(1) The lead agency has filed a notice of determination
with the Office of Planning and Research consistent with Section
21152.1.
(3)
(2) The city or county in which the project is located
has adopted a housing element that the Department of Housing and
Community Development has determined to be in compliance with
applicable statutes and regulations at the time the lead agency files
the notice of determination with the Office of Planning and
Research.
(4)
(3) The city or county in which the project is located
is compliant with the housing element portion of its annual report,
required pursuant to Section 65400 of the Government Code, at the
time the local agency files the notice of determination with the
Office of Planning and Research.
(c) This section does not alter, affect, expand, or diminish a
public agency's obligation to comply with statutory or regulatory
requirements imposed pursuant to other laws.
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.