Amended IN Assembly March 21, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 1197Introduced by Assembly Member SantiagoFebruary 21, 2019An act relating to environmental quality. An act to add Section 21080.27 to the Public Resources Code, relating to environmental quality.LEGISLATIVE COUNSEL'S DIGESTAB 1197, as amended, Santiago. California Environmental Quality Act: affordable exemption: local and regional housing projects. projects 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, 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 state the intent of the Legislature to enact subsequent legislation that would establish a streamlined administrative and judicial process for environmental reviews performed pursuant to CEQA for affordable housing projects. exclude from the term project local or regional housing projects that meet certain requirements, as specified, and emergency shelters funded by state programs and would thereby exempt those projects from CEQA. Because the bill would require the lead agency to determine the applicability of this exemption to a project, 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NOYES Bill TextThe 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), for purposes of this division, project does not include 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.(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.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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.SECTION 1.It is the intent of the Legislature to enact subsequent legislation that would establish a streamlined administrative and judicial process for environmental reviews performed pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) for affordable housing projects.
Amended IN Assembly March 21, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 1197Introduced by Assembly Member SantiagoFebruary 21, 2019An act relating to environmental quality. An act to add Section 21080.27 to the Public Resources Code, relating to environmental quality.LEGISLATIVE COUNSEL'S DIGESTAB 1197, as amended, Santiago. California Environmental Quality Act: affordable exemption: local and regional housing projects. projects 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, 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 state the intent of the Legislature to enact subsequent legislation that would establish a streamlined administrative and judicial process for environmental reviews performed pursuant to CEQA for affordable housing projects. exclude from the term project local or regional housing projects that meet certain requirements, as specified, and emergency shelters funded by state programs and would thereby exempt those projects from CEQA. Because the bill would require the lead agency to determine the applicability of this exemption to a project, 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NOYES
Amended IN Assembly March 21, 2019
Amended IN Assembly March 21, 2019
CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION
Assembly Bill No. 1197
Introduced by Assembly Member SantiagoFebruary 21, 2019
Introduced by Assembly Member Santiago
February 21, 2019
An act relating to environmental quality. An act to add Section 21080.27 to the Public Resources Code, relating to environmental quality.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 1197, as amended, Santiago. California Environmental Quality Act: affordable exemption: local and regional housing projects. projects 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, 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 state the intent of the Legislature to enact subsequent legislation that would establish a streamlined administrative and judicial process for environmental reviews performed pursuant to CEQA for affordable housing projects. exclude from the term project local or regional housing projects that meet certain requirements, as specified, and emergency shelters funded by state programs and would thereby exempt those projects from CEQA. Because the bill would require the lead agency to determine the applicability of this exemption to a project, 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.
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 state the intent of the Legislature to enact subsequent legislation that would establish a streamlined administrative and judicial process for environmental reviews performed pursuant to CEQA for affordable housing projects. exclude from the term project local or regional housing projects that meet certain requirements, as specified, and emergency shelters funded by state programs and would thereby exempt those projects from CEQA. Because the bill would require the lead agency to determine the applicability of this exemption to a project, 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.
## Digest Key
## Bill Text
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), for purposes of this division, project does not include 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.(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.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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.SECTION 1.It is the intent of the Legislature to enact subsequent legislation that would establish a streamlined administrative and judicial process for environmental reviews performed pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) for affordable housing projects.
The people of the State of California do enact as follows:
## 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), for purposes of this division, project does not include 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.(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.
SECTION 1. Section 21080.27 is added to the Public Resources Code, to read:
### SECTION 1.
21080.27. (a) Notwithstanding Section 21065 and except as provided in subdivision (b), for purposes of this division, project does not include 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.(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.
21080.27. (a) Notwithstanding Section 21065 and except as provided in subdivision (b), for purposes of this division, project does not include 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.(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.
21080.27. (a) Notwithstanding Section 21065 and except as provided in subdivision (b), for purposes of this division, project does not include 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.(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.
21080.27. (a) Notwithstanding Section 21065 and except as provided in subdivision (b), for purposes of this division, project does not include 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.
(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.
SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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.
SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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.
SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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.
### SEC. 2.
It is the intent of the Legislature to enact subsequent legislation that would establish a streamlined administrative and judicial process for environmental reviews performed pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) for affordable housing projects.