Today's Law As Amended


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AB-1907 California Environmental Quality Act: emergency shelters: supportive and affordable housing: exemption.(2019-2020)



As Amends the Law Today


SECTION 1.
 (a) It is the intent of the Legislature to facilitate local and state initiatives that promote high-quality, low-barrier shelters, supportive housing, and affordable housing.
(b) It is the intent of the Legislature to help local governments address their homeless crises by facilitating the construction of high-quality permanent supportive housing that adopts the core component of the “Housing First” approach, and to develop crisis and bridge housing that is low barrier.

SEC. 2.

 Section 21080.60 is added to the Public Resources Code, to read:

21080.60.
 (a) For purposes of this section, the following definitions apply:
(1) “Emergency shelters” means shelters that meet the definition of a low barrier navigation center set forth in Section 65660 of the Government Code and that meet the requirements of Section 65662 of the Government Code, and that are located in either a mixed-use or nonresidential zone permitting multifamily uses or on an infill site.
(2) “Supportive housing” means supportive housing as defined in Section 50675.14 of the Health and Safety Code that meets the eligibility requirements of Article 11 (commencing with Section 65650) of Chapter 3 of Division 1 of Title 7 of the Government Code.
(3) “Affordable housing” means a housing development that satisfies the following requirements:
(A) Units within the development are subject to a recorded affordability restriction for 55 years.
(B) All of the units within the development, excluding managers’ units as defined by Section 50079.5 of the Health and Safety Code, are dedicated to lower income households.
(C) It is funded, in whole or in part, by the Multifamily Housing Program authorized by Chapter 6.7 (commencing with Section 50675) of Part 2 of Division 31 of the Health and Safety Code, or either the HOME Investment Partnerships Program or the Community Development Block Grant Program, which are both federal programs administered by the United States Department of Housing and Urban Development.
(b) This division does not apply to any activity approved by or carried out by a public agency in furtherance of providing emergency shelters, supportive housing, or affordable housing, including, but not limited to, any action to lease, convey, or encumber land owned by that agency, any action to facilitate the lease, conveyance, or encumbrance of land owned by that agency, or any action to provide financial assistance in furtherance of providing emergency shelters, supportive housing, or affordable housing.
(c) If a lead agency determines that an activity is not subject to this division pursuant to this section and determines to approve or carry out the activity, the lead agency shall file a notice of exemption with the Office of Planning and Research and the county clerk in the manner specified in subdivisions (b) and (c) of Section 21108 or subdivisions (b) and (c) of Section 21152.
(d) This section shall remain in effect only until January 1, 2029, 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.