as amended, Maienschein.
begin deleteCalifornia Environmental Quality Act: priority housing projects: exemption. end delete
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.end delete
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.end delete
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.end delete
This bill would provide that no reimbursement is required by this act for a specified reason.end delete
begin deleteyes end delete.
State-mandated local program: begin deleteyes end delete.
The people of the State of California do enact as follows:
Section 21080.40 is added to the Public Resources
34Code, to read:
(a) For purposes of this section, the following terms
36mean the following:
37(1) “Emergency shelter” has the same meaning as set forth in
38Section 50801 of the Health and Safety Code.
39(2) “Priority housing project” means an activity or approval
40necessary for, or incidental to, the development, planning, design,
P4 1site acquisition, subdivision, financing, leasing, construction,
2operation, or maintenance of an emergency shelter, transitional
3housing, or supportive housing.
4(3) “Supportive housing” has the same meaning as set forth in
5paragraph (2) of subdivision (b) of Section 50675.14 of the Health
6and Safety Code.
7(4) “Transitional housing” has the same meaning as set forth in
8Section 50801 of the Health and Safety Code.
9(b) This division does not apply to a priority housing project if
10all of the following conditions are met:
11(1) The lead agency has filed a notice of determination with the
12Office of Planning and Research consistent with Section 21152.1.
13(2) The city or county in which the project is located has adopted
14a housing element that the Department of Housing and Community
15 Development has determined to be in compliance with applicable
16statutes and regulations at the time the lead agency files the notice
17of determination with the Office of Planning and Research.
18(3) The city or county in which the project is located is
19compliant with the housing element portion of its annual report,
20required pursuant to Section 65400 of the Government Code, at
21the time the local agency files the notice of determination with the
22Office of Planning and Research.
23(c) This section does not alter, affect,
expand, or diminish a
24public agency’s obligation to comply with statutory or regulatory
25requirements imposed pursuant to other laws.
No reimbursement is required by this act pursuant to
27Section 6 of Article XIII B of the California Constitution because
28a local agency or school district has the authority to levy service
29charges, fees, or assessments sufficient to pay for the program or
30level of service mandated by this act, within the meaning of Section
3117556 of the Government Code.