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

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Date Published: 01/08/2020 09:00 PM
AB1907:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 1907

Introduced by Assembly Members Santiago, Gipson, and Quirk-Silva

January 08, 2020

An act to add and repeal Section 21080.60 of, the Public Resources Code, relating to environmental quality.


LEGISLATIVE COUNSEL'S DIGEST


AB 1907, as introduced, Santiago. California Environmental Quality Act: emergency shelters: supportive and affordable housing: exemption.
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, until January 1, 2029, exempt from environmental review under CEQA certain activities approved by or carried out by a public agency in furtherance of providing emergency shelters, supportive housing, or affordable housing, as each is defined. The bill would require a lead agency that determines to carry out or approve an activity that is within this CEQA exemption to file a notice of exemption, as specified.
Because this bill would impose additional duties on local lead agencies to determine if the exemption applies and, if so, to file a notice of 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.

 (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.