California Legislature—2015–16 Regular Session

Assembly BillNo. 2356


Introduced by Assembly Member Gomez

February 18, 2016


An act to amend Section 21159.26 of the Public Resources Code, relating to environmental quality.

LEGISLATIVE COUNSEL’S DIGEST

AB 2356, as introduced, Gomez. California Environmental Quality Act: housing projects.

Existing law, the California Environmental Quality Act, 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, as defined, or to adopt a negative declaration if it finds that the project will not have that effect, unless the project is exempt from the act.

The act prohibits a public agency, for a project that includes a housing development, from reducing the proposed number of housing units as a mitigation measure or project alternative for a particular significant effect on the environment if the public agency determines there is another feasible specific mitigation measure or project alternative that would provide a comparable level of mitigation.

This bill would make technical, nonsubstantive changes to those provisions.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

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SECTION 1.  

Section 21159.26 of the Public Resources Code
2 is amended to read:

3

21159.26.  

With respect to a project that includes a housing
4development, a public agencybegin delete mayend deletebegin insert shallend insert not reduce the proposed
5number of housing units as a mitigation measure or project
6alternative for a particular significant effect on the environment if
7begin delete itend deletebegin insert the public agencyend insert determines that there is another feasible
8specific mitigation measure or project alternative that would
9provide a comparable level of mitigation. This section does not
10 affect any other requirement regarding the residential density of
11that project.



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