California Environmental Quality Act: categorical exemption: infill development.
If passed, AB 1404 could significantly expedite the development of housing in underserved areas by reducing the regulatory hurdles that often delay construction projects. It allows developments on sites of up to five acres that are surrounded by urban uses to be exempt from in-depth environmental reviews typically mandated by CEQA. Supporters argue that this will promote affordable housing and reduce urban sprawl, while also enhancing local economies through immediate development opportunities.
Assembly Bill 1404, introduced by Assembly Member Berman, aims to amend the California Environmental Quality Act (CEQA) by expanding the categorical exemption provisions for infill development. This legislation intends to facilitate residential and mixed-use housing projects in unincorporated areas of counties, allowing these projects to qualify for exemptions from certain CEQA requirements under specified conditions. The bill responds to ongoing housing shortages by streamlining approval processes for smaller development projects that meet urban infill criteria.
The sentiment around AB 1404 appears mixed among stakeholders. Advocates, particularly from housing and developer circles, view the bill favorably as a necessary step toward addressing the housing crisis in California. In contrast, some environmental groups and local government representatives express concerns regarding the potential negative impacts of reduced environmental scrutiny for developments. They argue that such exemptions might bypass necessary environmental protections, particularly in sensitive areas.
Notable points of contention in the discussions surrounding AB 1404 include the balance between expediting housing development and maintaining environmental oversight. Critics worry that the expanded categorical exemption might set a precedent for further eroding environmental protections under CEQA, potentially leading to developments that are not adequately assessed for their environmental impact. Additionally, discussions about the implications of state-mandated local programs raise questions about local governance and community input in development decisions.