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SB-450 California Environmental Quality Act exemption: supportive and transitional housing: motel conversion.(2019-2020)

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Date Published: 04/11/2019 09:00 PM
SB450:v98#DOCUMENT

Amended  IN  Senate  April 11, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill No. 450


Introduced by Senator Umberg

February 21, 2019


An act to add and repeal Section 21080.50 to of the Public Resources Code, relating to environmental quality.


LEGISLATIVE COUNSEL'S DIGEST


SB 450, as amended, Umberg. California Environmental Quality Act exemption: supportive and transitional housing: motel conversion.
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.
This bill would would, until January 1, 2025, exempt from CEQA, projects related to the conversion of a structure with a certificate of occupancy as a motel, hotel, apartment hotel, transient occupancy residential structure, or hostel to supportive housing or transitional housing, as defined. defined, that meet certain requirements. Because the 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   Local Program: YES  

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


SECTION 1.

 The Legislature finds and declares both of the following:
(a) An interim motel housing project makes only minor interior alterations to add cooking facilities, including a sink and a refrigerator, not exceeding 10 cubic feet, counter space not exceeding 10 square feet, and provision of a hotplate or microwave to the individual living units.
(b) Upon the termination of the use for supportive housing or transitional housing, the use of the structure reverts back to that authorized in the certificate of occupancy in effect before the project.

SEC. 2.

 Section 21080.50 is added to the Public Resources Code, to read:

21080.50.
 (a) For purposes of this section, the following definitions apply:
(1) “Interim motel housing project” or “project” means the conversion of a structure with a certificate of occupancy as a motel, hotel, apartment hotel, transient occupancy residential structure, or hostel to supportive housing or transitional housing, and the conversion does is limited to the following:
(A) Makes only minor interior alterations to add cooking facilities, including a sink and refrigerator, not exceeding 10 cubic feet, counter space not exceeding 10 square feet, and the provision of a hotplate or microwave to the individual living units.
(B) Does not increase the number of dwelling units or guest rooms for the structure or structure.
(C) Does not substantially reduce the number of onsite parking spaces.
(2) “Supportive housing” means housing with no limit on length of stay for persons with low incomes who have one or more disabilities and may include, among other populations, adults, emancipated minors, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homeless people and the housing is linked to onsite or offsite supportive services.
(3) “Supportive Services” services” means services that are provided on a voluntary basis to residents of supportive housing or transitional housing, including, but not limited to, a combination of subsidized and permanent housing services, intensive case management, medical and mental health care, substance abuse treatment, employment services, benefits advocacy, and other services or service referrals necessary to obtain and maintain housing.
(4) “Transitional Housing” housing” means temporary housing linked to supportive services that is offered, usually for a period of up to 24 months, to facilitate movement to permanent housing for persons with low incomes who may have one or more disabilities, and may include adults, emancipated minors, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homeless people.
(b) This division does not apply to an interim motel housing project. project if the project does not result in any significant effects relating to traffic, noise, air quality, or water quality.
(c) A lead agency that determines an interim motel housing project is exempt pursuant to this section shall file a notice of exemption in accordance with subdivision (b) of Section 21152 with the Office of Planning and Research.
(d) This section shall remain in effect only until January 1, 2025, and as of that date is repealed.

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.