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AB-1197 California Environmental Quality Act: exemption: City of Los Angeles: supportive housing and emergency shelters.(2019-2020)

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Date Published: 04/30/2019 08:55 AM
AB1197:v97#DOCUMENT

Amended  IN  Assembly  April 29, 2019
Amended  IN  Assembly  March 21, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill No. 1197


Introduced by Assembly Member Santiago

February 21, 2019


An act to add and repeal Section 21080.27 to of the Public Resources Code, relating to environmental quality.


LEGISLATIVE COUNSEL'S DIGEST


AB 1197, as amended, Santiago. California Environmental Quality Act: exemption: local and regional housing projects City of Los Angeles: supportive housing and emergency shelters.
The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, 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.
This bill would would, until January 1, 2025, exclude from the term “project” local or regional housing projects that meet certain requirements, as specified, and emergency shelters funded by state programs certain activities approved or carried out by the City of Los Angeles related to supportive housing and emergency shelters and would thereby exempt those projects from CEQA. The bill would require the city, if it determines that an activity is not subject to CEQA and approves or carries out that activity, to file a notice with the Office of Planning and Research and the county clerk for the County of Los Angeles. Because the bill would require the lead agency to determine the applicability of this exemption to a project, impose additional duties on the City of Los Angeles, this bill would impose a state-mandated local program.
This bill would make legislative findings and declarations as to the necessity of a special statute for City of Los Angeles.
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   Local Program: YES  

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


SECTION 1.

 Section 21080.27 is added to the Public Resources Code, to read:

21080.27.
 (a) Notwithstanding Section 21065 and except as provided in subdivision (b), 21065, for purposes of this division, “project” does not include activities approved or carried out by the City of Los Angeles in furtherance of providing either of the following:

(1)Local and regional housing projects that meet both of the following:

(A)Have been identified in a voter-approved funding measure that includes affordable or supportive housing as an eligible recipient of voter-approved housing funds.

(B)Are consistent with an applicable sustainable communities strategy adopted by a metropolitan planning organization and approved by the State Air Resources Board pursuant to Section 65080 of the Government Code for which an environmental impact report has been certified within five years of the project proposal.

(1) Supportive housing, as defined in Section 50675.14 of the Health and Safety Code, and funded, in whole or in part, by general obligation bonds issued pursuant to Measure HHH, approved by the voters at the November 8, 2016, statewide general election.
(2) Emergency shelters funded by state programs, such as the Homeless Emergency Aid Program established pursuant to Section 50211 of the Health and Safety Code.

(b)To the extent that a local or regional housing project is inconsistent with an applicable sustainable communities strategy, “project” includes only those portions of the project that are inconsistent with the sustainable communities strategy.

(b) If the City of Los Angeles determines that an activity is not subject to this division pursuant to this section and the city determines to approve or carry out that activity, the city shall file a notice with the Office of Planning and Research and the county clerk in the manner specified in subdivisions (b) and (c) of Section 21152.
(c) This section shall remain in effect only until January 1, 2025, and as of that date is repealed.

SEC. 2.

 The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances faced by the City of Los Angeles.

SEC. 2.SEC. 3.

 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.