AB 785: California Environmental Quality Act: exemption: City of Los Angeles: County of Los Angeles: affordable housing and transitional housing.
- Session Year: 2023-2024
- House: Assembly
- Latest Version Date: 2023-10-10
Current Status:
Passed
(2023-10-10: Chaptered by Secretary of State - Chapter 726, Statutes of 2023.)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Enacted
What does this bill do?
The bill lets the City and County of Los Angeles and certain public agencies approve or build affordable housing, low‑barrier navigation centers (formerly called emergency shelters), supportive housing, and transitional housing for youth without the usual California environmental review (CEQA). The exemption only applies to projects using specified public funding and only if construction workers are paid prevailing wages, payroll records are kept, and projects of 40 or more units are covered by a project labor agreement.
The summary is provided by generative AI which can make mistakes. For original language, please view the details in the table below.
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.
Existing law, until January 1, 2025, exempts from the requirements of CEQA certain activities approved or carried out by the City of Los Angeles and other eligible public agencies, as defined, related to supportive housing and emergency shelters, as defined, in the City of Los Angeles. Under existing law, this exemption requires the lead agency, if it determines that an activity is not subject to CEQA and approves or carries out that activity, to file a notice of exemption with the Office of Planning and Research and the county clerk for the County of Los Angeles.
This bill would instead exempt from the requirements of CEQA certain activities undertaken by the City of Los Angeles and other eligible public agencies related to affordable housing, low barrier navigation centers, supportive housing, and transitional housing for youth and young adults, as those terms would be defined by the bill, within the City of Los Angeles and certain activities undertaken by the County of Los Angeles related to affordable housing, low barrier navigation centers, supportive housing, and transitional housing for youth and young adults within the unincorporated areas of the County of Los Angeles and parcels owned by the County of Los Angeles within the City of Los Angeles. The bill would define the Los Angeles County Development Authority as an eligible public agency. The bill would broaden the definition of supportive housing. The bill would also change the term emergency shelter to low barrier navigation center and broaden the definition of that term. The bill would require the lead agency to ensure that those projects meet certain labor requirements in order for the exemption to apply. The bill would repeal these provisions on January 1, 2030.
Because the bill would impose additional duties on local public agencies, this bill would impose a state-mandated local program.
This bill would make legislative findings and declarations as to the necessity of a special statute for the City of Los Angeles and the County of Los Angeles.
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.
Existing law, until January 1, 2025, exempts from the requirements of CEQA certain activities approved or carried out by the City of Los Angeles and other eligible public agencies, as defined, related to supportive housing and emergency shelters, as defined, in the City of Los Angeles. Under existing law, this exemption requires the lead agency, if it determines that an activity is not subject to CEQA and approves or carries out that activity, to file a notice of exemption with the Office of Planning and Research and the county clerk for the County of Los Angeles.
This bill would instead exempt from the requirements of CEQA certain activities undertaken by the City of Los Angeles and other eligible public agencies related to affordable housing, low barrier navigation centers, supportive housing, and transitional housing for youth and young adults, as those terms would be defined by the bill, within the City of Los Angeles and certain activities undertaken by the County of Los Angeles related to affordable housing, low barrier navigation centers, supportive housing, and transitional housing for youth and young adults within the unincorporated areas of the County of Los Angeles and parcels owned by the County of Los Angeles within the City of Los Angeles. The bill would define the Los Angeles County Development Authority as an eligible public agency. The bill would broaden the definition of supportive housing. The bill would also change the term emergency shelter to low barrier navigation center and broaden the definition of that term. The bill would require the lead agency to ensure that those projects meet certain labor requirements in order for the exemption to apply. The bill would repeal these provisions on January 1, 2030.
Because the bill would impose additional duties on local public agencies, this bill would impose a state-mandated local program.
This bill would make legislative findings and declarations as to the necessity of a special statute for the City of Los Angeles and the County of Los Angeles.
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.
Existing law, until January 1, 2025, exempts from the requirements of CEQA certain activities approved or carried out by the City of Los Angeles and other eligible public agencies, as defined, related to supportive housing and emergency shelters, as defined, in the City of Los Angeles. Under existing law, this exemption requires the lead agency, if it determines that an activity is not subject to CEQA and approves or carries out that activity, to file a notice of exemption with the Office of Planning and Research and the county clerk for the County of Los Angeles.
This bill would instead exempt from the requirements of CEQA certain activities undertaken by the City of Los Angeles and other eligible public agencies related to affordable housing, low barrier navigation centers, supportive housing, and transitional housing for youth and young adults, as those terms are defined, would be defined by the bill, within the City of Los Angeles and certain activities undertaken by the County of Los Angeles related to affordable housing, low barrier navigation centers, supportive housing, and transitional housing for youth and young adults within the unincorporated areas of the County of Los Angeles and parcels owned by the County of Los Angeles within the City of Los Angeles. The bill would define the Los Angeles County Development Authority as an eligible public agency. The bill would broaden the definition of supportive housing. The bill would also change the term emergency shelter to low barrier navigation center and broaden the definition of that term. The bill would require the lead agency to ensure that those projects meet certain labor requirements in order for the exemption to apply. The bill would repeal these provisions on January 1, 2030.
Because the bill would impose additional duties on local public agencies, this bill would impose a state-mandated local program.
This bill would make legislative findings and declarations as to the necessity of a special statute for the City of Los Angeles and the County of Los Angeles.
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.
Existing law, until January 1, 2025, exempts from the requirements of CEQA certain activities approved or carried out by the City of Los Angeles and other eligible public agencies, as defined, related to supportive housing and emergency shelters, as defined, in the City of Los Angeles. Under existing law, this exemption requires the lead agency, if it determines that an activity is not subject to CEQA and approves or carries out that activity, to file a notice of exemption with the Office of Planning and Research and the county clerk for the County of Los Angeles.
This bill would extend, until January 1, 2030, that CEQA exemption. The bill would also instead exempt from the requirements of CEQA certain activities undertaken by the City of Los Angeles and other eligible public agencies related to affordable housing and transitional housing, as defined, in housing, low barrier navigation centers, supportive housing, and transitional housing for youth and young adults, as those terms are defined, within the City of Los Angeles. The bill would exempt from the requirements of CEQA Angeles and certain activities undertaken by the County of Los Angeles related to affordable housing, emergency shelters, supportive housing, and transitional housing in housing, low barrier navigation centers, supportive housing, and transitional housing for youth and young adults within the unincorporated areas of the County of Los Angeles. Angeles and parcels owned by the County of Los Angeles within the City of Los Angeles. The bill would define the Los Angeles County Development Authority as an eligible public agency. The bill would broaden the definitions of emergency shelter and definition of supportive housing. The bill would also change the term emergency shelter to low barrier navigation center and broaden the definition of that term. The bill would repeal these provisions on January 1, 2030.
Because the bill would impose additional duties on local public agencies, this bill would impose a state-mandated local program.
This bill would make legislative findings and declarations as to the necessity of a special statute for the City of Los Angeles and the County of Los Angeles.
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.
Existing law, until January 1, 2025, exempts from the requirements of CEQA certain activities approved or carried out by the City of Los Angeles and other eligible public agencies, as defined, related to supportive housing and emergency shelters, as defined, in the City of Los Angeles. Under existing law, this exemption requires the lead agency, if it determines that an activity is not subject to CEQA and approves or carries out that activity, to file a notice of exemption with the Office of Planning and Research and the county clerk for the County of Los Angeles.
This bill would extend, until January 1, 2030, that CEQA exemption. The bill would also exempt from the requirements of CEQA certain activities approved or carried out undertaken by the City of Los Angeles and other eligible public agencies related to affordable housing and transitional housing, as defined, in the City of Los Angeles. The bill would exempt from the requirements of CEQA certain activities approved or carried out undertaken by the County of Los Angeles and other eligible public agencies related to affordable housing, emergency shelters, supportive housing, and transitional housing in the unincorporated areas of the County of Los Angeles. The bill would define the Los Angeles County Development Authority as an eligible public agency. The bill would broaden the definitions of emergency shelters shelter and supportive housing. The bill would specify that the exemption does not apply to larger projects that may include or address affordable housing, emergency shelters, supportive housing, or transitional housing, as a component, among other uses, as provided.
Because the bill would impose additional duties on local public agencies, this bill would impose a state-mandated local program.
This bill would make legislative findings and declarations as to the necessity of a special statute for the City of Los Angeles and the County of Los Angeles.
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.
Existing law, until January 1, 2025, exempts from the requirements of CEQA certain activities approved or carried out by the City of Los Angeles and other eligible public agencies, as defined, related to supportive housing and emergency shelters, as defined, in the City of Los Angeles. Under existing law, this exemption requires the lead agency, if it determines that an activity is not subject to CEQA and approves or carries out that activity, to file a notice of exemption with the Office of Planning and Research and the county clerk for the County of Los Angeles.
This bill would extend, until January 1, 2035, 2030, that CEQA exemption. The bill would also exempt from the requirements of CEQA certain activities approved or carried out by the City of Los Angeles and other eligible public agencies related to affordable housing and transitional housing, as defined, in the City of Los Angeles. The bill would exempt from the requirements of CEQA certain activities approved or carried out by the County of Los Angeles and other eligible public agencies related to affordable housing, emergency shelters, supportive housing, and transitional housing in the unincorporated areas of the County of Los Angeles. The bill would define the Los Angeles County Development Authority as an eligible public agency. The bill would broaden the definitions of emergency shelters and supportive housing. The bill would specify that the exemption does not apply to larger projects that may include or address affordable housing, emergency shelters, supportive housing, or transitional housing, as a component, among other uses, as provided.
Because the bill would impose additional duties on local public agencies, this bill would impose a state-mandated local program.
This bill would make legislative findings and declarations as to the necessity of a special statute for the City of Los Angeles and the County of Los Angeles.
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.
Existing law, until January 1, 2025, exempts from the requirements of CEQA certain activities approved or carried out by the City of Los Angeles and other eligible public agencies, as defined, related to supportive housing and emergency shelters, as defined. defined, in the City of Los Angeles. Under existing law, this exemption requires the lead agency, if it determines that an activity is not subject to CEQA and approves or carries out that activity, to file a notice of exemption with the Office of Planning and Research and the county clerk for the County of Los Angeles.
This bill would extend, until January 1, 2035, that CEQA exemption. The bill would also exempt from the requirements of CEQA certain activities approved or carried out by the City of Los Angeles and other eligible public agencies related to affordable housing and transitional housing, as defined. defined, in the City of Los Angeles. The bill would exempt from the requirements of CEQA certain activities approved or carried out by the County of Los Angeles and other eligible public agencies related to affordable housing, emergency shelters, supportive housing, and transitional housing in the unincorporated areas of the County of Los Angeles. The bill would define the Los Angeles County Development Authority as an eligible public agency. The bill would broaden the definitions of emergency shelters and supportive housing.
Because the bill would impose additional duties on the City of Los Angeles, local public agencies, this bill would impose a state-mandated local program.
This bill would make legislative findings and declarations as to the necessity of a special statute for the City of Los Angeles and the County of Los Angeles.
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.
Existing law, until January 1, 2025, exempts from the requirements of CEQA certain activities approved or carried out by the City of Los Angeles and other eligible public agencies, as defined, related to supportive housing and emergency shelters, as defined. Under existing law, this exemption requires the lead agency, if it determines that an activity is not subject to CEQA and approves or carries out that activity, to file a notice of exemption with the Office of Planning and Research and the county clerk for the County of Los Angeles.
This bill would extend, until January 1, 2035, that CEQA exemption. The bill would also exempt from the requirements of CEQA certain activities approved or carried out by the City of Los Angeles and other eligible public agencies related to affordable housing and transitional housing, as defined. The bill would define the Los Angeles County Development Authority as an eligible public agency. The bill would broaden the definitions of emergency shelters and supportive housing.
Because the bill would impose additional duties on the City of Los Angeles, 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.
Existing law establishes the California Conservation Corps in the Natural Resources Agency and requires the corps to implement and administer the conservation corps program. Existing law makes various findings and declarations relating to the corps.This bill would make a nonsubstantive change to those findings and declarations.Existing law establishes the California Conservation Corps in the Natural Resources Agency and requires the corps to implement and administer the conservation corps program. Existing law makes various findings and declarations relating to the corps.
This bill would make a nonsubstantive change to those findings and declarations.
The Legislature finds and declares all of the following:
(a)California has the largest number of residents experiencing homelessness, with over 171,000 people experiencing homelessness on a given night, almost 30 percent of the nations number, according to the United States Department of Housing and Urban Developments 2022 Annual Homelessness Assessment Report.
(b)According to the 2022 Greater Los Angeles Homeless Count, the County of Los Angeles has at any given time approximately 69,144 people experiencing homelessness countywide, including approximately 41,980 in the City of Los Angeles.
(c)The County of Los Angeles represents approximately 25 percent of the State of Californias population, but over 40 percent of the states unhoused population.
(d)The City of Los Angeles represents 9.6 percent of the State of Californias population, but nearly 25 percent of the states unhoused population.
(e)According to the 201721 American Community Survey 5-year estimates released in December 2022, almost 52 percent of total households are cost burdened, meaning that they spend more than 30 percent of their income on housing costs, while about 27 percent of households are severely cost burdened, meaning they spend more than 50 percent of their income on housing costs.
(f)On December 12, 2022, the City of Los Angeles declared a state of emergency on homelessness and activated the citys Emergency Operations Center.
(g)On January 10, 2023, the Los Angeles County Board of Supervisors unanimously voted to proclaim a local emergency for homelessness in the County of Los Angeles.
(h)Chapter 661 of the Statutes of 2022 specifies both of the following:
(1)That a construction or rehabilitation project receiving funding from the Los Angeles County Affordable Housing Solutions Agency would constitute a public work for which prevailing wages are required to be paid.
(2)That a construction or rehabilitation project with 40 units or greater is eligible to receive funding or financing from the Los Angeles County Affordable Housing Solutions Agency only if all construction and rehabilitation work is subject to a project labor agreement.
(i)On November 8, 2022, voters in the City of Los Angeles approved Measure ULA, which specifies that all construction or rehabilitation work on projects with 40 units or more that receive funding or financing through Measure ULA will be subject to the City of Los Angeles Department of Public Works Project Labor Agreement.
SEC. 2.Section 21080.27 of the Public Resources Code is amended to read:21080.27.(a)For purposes of this section, the following definitions apply:
(1)Affordable cost has the same meaning as affordable housing cost as defined in Section 50052.5 of the Health and Safety Code.
(2)Affordable housing means a housing development project that meets all of the following:
(A)A project with 100 percent of all units in the development, exclusive of a managers unit or units, dedicated to lower income households, as described in Section 50052.5 of the Health and Safety Code, at an affordable cost or an affordable rent, except that up to 20 percent of the units in the development may be dedicated to moderate-income households, as defined in Section 50053 of the Health and Safety Code, at an affordable cost or an affordable rent.
(B)The units are subject to a recorded deed restriction for affordable rent for a period of 55 years for rental units and for affordable cost for a period of 45 years for owner-occupied units.
(C)The project is funded, in whole or in part, by any of the following:
(i)The No Place Like Home Program pursuant to Part 3.9 (commencing with Section 5849.1) of Division 5 of the Welfare and Institutions Code.
(ii)The Building Homes and Jobs Trust Fund established pursuant to Section 50470 of the Health and Safety Code.
(iii)Measure H sales tax proceeds approved by the voters at the March 7, 2017, special election in the County of Los Angeles.
(iv)General obligation bonds issued pursuant to Proposition HHH approved by the voters of the City of Los Angeles at the November 8, 2016, statewide general election.
(v)The City of Los Angeles Housing Impact Trust Fund.
(vi)The program referred to as Homekey, as described in Section 50675.1.1 of the Health and Safety Code.
(vii)The Veterans Housing and Homeless Prevention Act of 2014 established pursuant to Article 3.2 (commencing with Section 987.001) of Chapter 6 of Division 4 of the Military and Veterans Code.
(viii)The Multifamily Housing Program established pursuant to Chapter 6.7 (commencing with Section 50675) of Part 2 of Division 31 of the Health and Safety Code.
(ix)The Infill Infrastructure Grant Program of 2019 established pursuant to Part 12.5 (commencing with Section 53559) of Division 31 of the Health and Safety Code.
(x)The California Housing Accelerator program established pursuant to Chapter 6.6 (commencing with Section 50672) of Part 2 of Division 31 of the Health and Safety Code.
(xi)The Affordable Housing and Sustainable Communities Program established pursuant to Chapter 2 (commencing with Section 75210) of Part 1 of Division 44.
(xii)The City of Los Angeles House LA Fund approved by the voters of the City of Los Angeles at the November 8, 2022, statewide general election.
(xiii)Funding distributed by the Los Angeles County Affordable Housing Solutions Agency established pursuant to Title 6.9 (commencing with Section 64700) of the Government Code.
(xiv)Funding distributed by the California Debt Limit Allocation Committee and the California Tax Credit Allocation Committee.
(D)The housing development project site meets both of the following conditions:
(i)The site is located in an urbanized area or urban cluster, as designated by the United States Census Bureau.
(ii)If the project is located on a vacant site, the site does not contain tribal cultural resources that could be affected by the development that were found pursuant to a consultation as described by Section 21080.3.1 and the effects of which cannot be mitigated pursuant to the process described in Section 21080.3.2.
(E)The housing development project site is not any of the following:
(i)A site located within a very high fire hazard severity zone, as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Section 4202 or as designated pursuant to subdivisions (a) and (b) of Section 51179 of the Government Code.
(ii)A site that is either prime farmland or farmland of statewide importance, as defined pursuant to United States Department of Agriculture land inventory and monitoring criteria, as modified for California, and designated on the maps prepared by the Farmland Mapping and Monitoring Program of the Department of Conservation, or land zoned or designated for agricultural protection or preservation by a local ballot measure that was approved by the voters of that jurisdiction.
(iii)Wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).
(iv)A hazardous waste site that is listed pursuant to Section 65962.5 of the Government Code or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Section 25356 of the Health and Safety Code, unless either of the following apply:
(I)The site is an underground storage tank site that received a uniform closure letter issued pursuant to subdivision (g) of Section 25296.10 of the Health and Safety Code based on closure criteria established by the State Water Resources Control Board for residential use or residential mixed uses. This section does not alter or change the conditions to remove a site from the list of hazardous waste sites listed pursuant to Section 65962.5 of the Government Code.
(II)The State Department of Public Health, the State Water Resources Control Board, the Department of Toxic Substances Control, or a local agency making a determination pursuant to subdivision (c) of Section 25296.10 of the Health and Safety Code, has otherwise determined that the site is suitable for residential use or residential mixed uses.
(v)A site located within a special flood hazard area subject to inundation by the 1 percent annual chance flood (100-year flood) as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency. If a development proponent is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this clause and is otherwise eligible for an exemption under this section, a local government shall not deny the application on the basis that the development proponent did not comply with any additional permit requirement, standard, or action adopted by that local government that is applicable to that site. A development may be located on a site described in this clause if either of the following are met:
(I)The site has been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction.
(II)The site meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program pursuant to Part 59 (commencing with Section 59.1) and Part 60 (commencing with Section 60.1) of Subchapter B of Chapter I of Title 44 of the Code of Federal Regulations.
(vi)A site located within a regulatory floodway as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency, unless the development has received a no-rise certification in accordance with Section 60.3(d)(3) of Title 44 of the Code of Federal Regulations. If a development proponent is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this clause and is otherwise eligible for an exemption under this section, a local government shall not deny the application on the basis that the development proponent did not comply with any additional permit requirement, standard, or action adopted by that local government that is applicable to that site.
(vii)Lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code), habitat conservation plan pursuant to the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), or other adopted natural resource protection plan.
(viii)Habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code).
(ix)Lands under conservation easement.
(3)Affordable rent means a rent amount consistent with the rent limits established by the California Tax Credit Allocation Committee.
(4)Eligible public agency means any of the following:
(A)The County of Los Angeles.
(B)The Los Angeles Unified School District.
(C)The Los Angeles County Metropolitan Transportation Authority.
(D)The Housing Authority of the City of Los Angeles.
(E)The Los Angeles Homeless Services Authority.
(F)The Los Angeles Community College District.
(G)The successor agency for the former Community Redevelopment Agency of the City of Los Angeles.
(H)The Department of Transportation.
(I)The Department of Parks and Recreation.
(J)The Los Angeles County Development Authority.
(5)Housing development project has the same meaning as defined in subdivision (h) of Section 65589.5 of the Government Code.
(6)Low barrier navigation center means a low barrier navigation center, as defined in subdivision (a) of Section 65660 of the Government Code, that is funded in whole or in part by any of the following:
(A)The Homeless Housing, Assistance, and Prevention program established pursuant to Section 50217 of the Health and Safety Code.
(B)Measure H sales tax proceeds approved by the voters at the March 7, 2017, special election in the County of Los Angeles.
(C)General obligation bonds issued pursuant to Proposition HHH, approved by the voters of the City of Los Angeles at the November 8, 2016, statewide general election.
(D)The program referred to as Homekey, as described in Section 50675.1.1 of the Health and Safety Code.
(E)The Encampment Resolution Funding program established pursuant to Section 50251 of the Health and Safety Code.
(F)The Building Homes and Jobs Trust Fund established pursuant to Section 50470 of the Health and Safety Code.
(G)The Behavioral Health Bridge Housing Program established pursuant to Item 4260-101-0001 of Section 2.00 of the Budget Act of 2022.
(H)The Behavioral Health Continuum Infrastructure Program established pursuant to Chapter 1 (commencing with Section 5960) of Part 7 of Division 5 of the Welfare and Institutions Code.
(7)Project labor agreement has the same meaning as set forth in paragraph (1) of subdivision (b) of Section 2500 of the Public Contract Code.
(8)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 or the eligibility requirements for qualified supportive housing or qualified permanent supportive housing set forth in City of Los Angeles Ordinance No. 185,489 or 185,492, and that is funded, in whole or in part, by any of the following:
(A)The No Place Like Home Program (Part 3.9 (commencing with Section 5849.1) of Division 5 of the Welfare and Institutions Code).
(B)The Building Homes and Jobs Trust Fund established pursuant to Section 50470 of the Health and Safety Code.
(C)Measure H sales tax proceeds approved by the voters at the March 7, 2017, special election in the County of Los Angeles.
(D)General obligation bonds issued pursuant to Proposition HHH, approved by the voters of the City of Los Angeles at the November 8, 2016, statewide general election.
(E)The City of Los Angeles Housing Impact Trust Fund.
(F)The program referred to as Homekey, as described in Section 50675.1.1 of the Health and Safety Code.
(G)The Veterans Housing and Homeless Prevention Act of 2014 established pursuant to Article 3.2 (commencing with Section 987.001) of Chapter 6 of Division 4 of the Military and Veterans Code.
(H)The Multifamily Housing Program established pursuant to Chapter 6.7 (commencing with Section 50675) of Part 2 of Division 31 of the Health and Safety Code.
(I)The Infill Infrastructure Grant Program of 2019 established pursuant to Part 12.5 (commencing with Section 53559) of Division 31 of the Health and Safety Code.
(J)The California Housing Accelerator program established pursuant to Chapter 6.6 (commencing with Section 50672) of Part 2 of Division 31 of the Health and Safety Code.
(K)The Affordable Housing and Sustainable Communities Program established pursuant to Chapter 2 (commencing with Section 75210) of Part 1 of Division 44.
(L)The City of Los Angeles House LA Fund approved by the voters of the City of Los Angeles at the November 8, 2022, statewide general election.
(M)Funding distributed by the Los Angeles County Affordable Housing Solutions Agency established pursuant to Title 6.9 (commencing with Section 64700) of the Government Code.
(N)Funding distributed by the California Debt Limit Allocation Committee and the California Tax Credit Allocation Committee.
(9)Transitional housing projects for youth and young adults means buildings configured as rental housing developments for youth and young adults, but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than six months from the beginning of the assistance, or as defined in Section 65582 of the Government Code, and that is funded, in whole or in part, by any of the following:
(A)The Homeless Housing, Assistance, and Prevention program established pursuant to Section 50217 of the Health and Safety Code.
(B)Measure H sales tax proceeds approved by the voters at the March 7, 2017, special election in the County of Los Angeles.
(C)General obligation bonds issued pursuant to Proposition HHH approved by the voters of the City of Los Angeles at the November 8, 2016, statewide general election.
(D)The program referred to as Homekey, as described in Section 50675.1.1 of the Health and Safety Code.
(E)The Encampment Resolution Funding program established pursuant to Section 50251 of the Health and Safety Code.
(10)Youth and young adults means persons between 12 and 24 years of age, inclusive. Youth and young adults includes persons who are pregnant and parenting.
(b)Subject to subdivision (e), this division does not apply to any of the following activities undertaken by the City of Los Angeles within the City of Los Angeles:
(1)The issuance of an entitlement for, or the approval of the construction of, an affordable housing project, a low barrier navigation center, a supportive housing project, or a transitional housing project for youth and young adults.
(2)An action to lease, convey, or encumber land for an affordable housing project, a low barrier navigation center, a supportive housing project, or a transitional housing project for youth and young adults.
(3)An action to facilitate the lease, conveyance, or encumbrance of land owned or to be purchased for an affordable housing project, a low barrier navigation center, a supportive housing project, or a transitional housing project for youth and young adults.
(4)Rezoning, specific plan amendments, or general plan amendments required specifically and exclusively to allow the construction of an affordable housing project, a low barrier navigation center, a supportive housing project, or a transitional housing project for youth and young adults.
(5)An action to provide financial assistance in furtherance of implementing an affordable housing project, a low barrier navigation center, a supportive housing project, or a transitional housing project for youth and young adults.
(c)Subject to subdivision (e), this division does not apply to any of the following activities undertaken by the County of Los Angeles within the unincorporated areas of the County of Los Angeles or parcels owned by the County of Los Angeles within the City of Los Angeles:
(1)The issuance of an entitlement for, or the approval of the construction of, an affordable housing project, a low barrier navigation center, a supportive housing project, or a transitional housing project for youth and young adults.
(2)An action to lease, convey, or encumber land for an affordable housing project, a low barrier navigation center, a supportive housing project, or a transitional housing project for youth and young adults.
(3)An action to facilitate the lease, conveyance, or encumbrance of land owned or to be purchased for an affordable housing project, a low barrier navigation center, a supportive housing project, or a transitional housing project for youth and young adults.
(4)Rezoning, specific plan amendments, or general plan amendments required specifically and exclusively to allow the construction of an affordable housing project, a low barrier navigation center, a supportive housing project, or a transitional housing project for youth and young adults.
(5)An action to provide financial assistance in furtherance of implementing an affordable housing project, a low barrier navigation center, a supportive housing project, or a transitional housing project for youth and young adults.
(d)Subject to subdivision (e), this division does not apply to any of the following activities undertaken by an eligible public agency in the City of Los Angeles or within the unincorporated areas of the County of Los Angeles:
(1)An action to lease, convey, or encumber land for an affordable housing project, a low barrier navigation center, a supportive housing project, or a transitional housing project for youth and young adults.
(2)An action to facilitate the lease, conveyance, or encumbrance of land owned or to be purchased for an affordable housing project, a low barrier navigation center, a supportive housing project, or a transitional housing project for youth and young adults.
(3)An action to provide financial assistance in furtherance of implementing an affordable housing project, a low barrier navigation center, a supportive housing project, or a transitional housing project for youth and young adults.
(e)(1)(A)For an affordable housing project, low barrier navigation center, supportive housing project, or transition housing project for youth and young adults, that is not in its entirety a public work for purposes of Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code, this section applies only if the project sponsor certifies to the lead agency that all of the following will be met for any construction or rehabilitation work:
(i)All construction and rehabilitation workers employed in the execution of the project will be paid at least the general prevailing rate of per diem wages for the type of work and geographic area, as determined by the Director of Industrial Relations pursuant to Sections 1773 and 1773.9 of the Labor Code, except that apprentices registered in programs approved by the Chief of the Division of Apprenticeship Standards may be paid at least the applicable apprentice prevailing rate.
(ii)The project sponsor ensures that the prevailing wage requirement is included in all contracts for the performance of the work for those portions of the project that are not a public work.
(iii)All contractors and subcontractors for those portions of the project that are not a public work comply with both of the following:
(I)Pay to all construction and rehabilitation workers employed in the execution of the work at least the general prevailing rate of per diem wages, except that apprentices registered in programs approved by the Chief of the Division of Apprenticeship Standards may be paid at least the applicable apprentice prevailing rate.
(II)Maintain and verify payroll records pursuant to Section 1776 of the Labor Code and make those records available for inspection and copying as provided in that section. This subclause does not apply if all contractors and subcontractors performing work on the project are subject to a project labor agreement that requires the payment of prevailing wages to all construction workers employed in the execution of the project and provides for enforcement of that obligation through an arbitration procedure.
(B)(i)The obligation of the contractors and subcontractors to pay prevailing wages pursuant to subparagraph (A) may be enforced by any of the following:
(I)The Labor Commissioner through the issuance of a civil wage and penalty assessment pursuant to Section 1741 of the Labor Code, which may be reviewed pursuant to Section 1742 of the Labor Code, within 18 months after the completion of the project.
(II)An underpaid worker through an administrative complaint or civil action.
(III)A joint labor-management committee through a civil action under Section 1771.2 of the Labor Code.
(ii)If a civil wage and penalty assessment is issued pursuant to this subparagraph, the contractor, subcontractor, and surety on a bond or bonds issued to secure the payment of wages covered by the assessment shall be liable for liquidated damages pursuant to Section 1742.1 of the Labor Code.
(iii)This subparagraph does not apply if all contractors and subcontractors performing work on the project are subject to a project labor agreement that requires the payment of prevailing wages to all construction workers employed in the execution of the project and provides for enforcement of that obligation through an arbitration procedure.
(C)Notwithstanding subdivision (c) of Section 1773.1 of the Labor Code, the requirement that employer payments not reduce the obligation to pay the hourly straight time or overtime wages found to be prevailing does not apply to those portions of the project that are not a public work if otherwise provided in a bona fide collective bargaining agreement covering the worker.
(D)The requirement of subparagraph (A) to pay at least the general prevailing rate of per diem wages does not preclude use of an alternative workweek schedule adopted pursuant to Section 511 or 514 of the Labor Code.
(2)In addition to paragraph (1), for an affordable housing project, supportive housing project, or transitional housing project for youth and young adults involving the construction or rehabilitation work of 40 or more housing units, this section applies only if the project sponsor certifies to the lead agency that the work will be subject to a project labor agreement.
(f)If a lead agency determines that an activity is not subject to this division pursuant to subdivision (b), (c), or (d), 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.
(g)This section shall remain in effect only until January 1, 2030, and as of that date is repealed.
SEC. 3.The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances facing the City of Los Angeles and the County of Los Angeles with regard to affordable housing and homelessness, as described in Section 1 of this act.
SEC. 4.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.
The Legislature finds and declares all of the following:
(a)California has the largest number of residents experiencing homelessness, with over 171,000 people experiencing homelessness on a given night, almost 30 percent of the nations number, according to the United States Department of Housing and Urban Developments 2022 Annual Homelessness Assessment Report.
(b)According to the 2022 Greater Los Angeles Homeless Count, the County of Los Angeles has at any given time approximately 69,144 people experiencing homelessness countywide, including approximately 41,980 in the City of Los Angeles.
(c)The County of Los Angeles represents approximately 25 percent of the State of Californias population, but over 40 percent of the states unhoused population.
(d)The City of Los Angeles represents 9.6 percent of the State of Californias population, but nearly 25 percent of the states unhoused population.
(e)According to the 201721 American Community Survey 5-year estimates released in December 2022, almost 52 percent of total households are cost burdened, meaning that they spend more than 30 percent of their income on housing costs, while about 27 percent of households are severely cost burdened, meaning they spend more than 50 percent of their income on housing costs.
(f)On December 12, 2022, the City of Los Angeles declared a state of emergency on homelessness and activated the citys Emergency Operations Center.
(g)On January 10, 2023, the Los Angeles County Board of Supervisors unanimously voted to proclaim a local emergency for homelessness in the County of Los Angeles.
(h)Chapter 661 of the Statutes of 2022 specifies both of the following:
(1)That a construction or rehabilitation project receiving funding from the Los Angeles County Affordable Housing Solutions Agency would constitute a public work for which prevailing wages are required to be paid.
(2)That a construction or rehabilitation project with 40 units or greater is eligible to receive funding or financing from the Los Angeles County Affordable Housing Solutions Agency only if all construction and rehabilitation work is subject to a project labor agreement.
(i)On November 8, 2022, voters in the City of Los Angeles approved Measure ULA, which specifies that all construction or rehabilitation work on projects with 40 units or more that receive funding or financing through Measure ULA will be subject to the City of Los Angeles Department of Public Works Project Labor Agreement.
SEC. 2.Section 21080.27 of the Public Resources Code is amended to read:21080.27.(a)For purposes of this section, the following definitions apply:
(1)Affordable cost has the same meaning as affordable housing cost as defined in Section 50052.5 of the Health and Safety Code.
(2)Affordable housing means a housing development project that meets all of the following:
(A)A project with 100 percent of all units in the development, exclusive of a managers unit or units, dedicated to lower income households, as described in Section 50052.5 of the Health and Safety Code, at an affordable cost or an affordable rent, except that up to 20 percent of the units in the development may be dedicated to moderate-income households, as defined in Section 50053 of the Health and Safety Code, at an affordable cost or an affordable rent.
(B)The units are subject to a recorded deed restriction for affordable rent for a period of 55 years for rental units and for affordable cost for a period of 45 years for owner-occupied units.
(C)The project is funded, in whole or in part, by any of the following:
(i)The No Place Like Home Program pursuant to Part 3.9 (commencing with Section 5849.1) of Division 5 of the Welfare and Institutions Code.
(ii)The Building Homes and Jobs Trust Fund established pursuant to Section 50470 of the Health and Safety Code.
(iii)Measure H sales tax proceeds approved by the voters at the March 7, 2017, special election in the County of Los Angeles.
(iv)General obligation bonds issued pursuant to Proposition HHH approved by the voters of the City of Los Angeles at the November 8, 2016, statewide general election.
(v)The City of Los Angeles Housing Impact Trust Fund.
(vi)The program referred to as Homekey, as described in Section 50675.1.1 of the Health and Safety Code.
(vii)The Veterans Housing and Homeless Prevention Act of 2014 established pursuant to Article 3.2 (commencing with Section 987.001) of Chapter 6 of Division 4 of the Military and Veterans Code.
(viii)The Multifamily Housing Program established pursuant to Chapter 6.7 (commencing with Section 50675) of Part 2 of Division 31 of the Health and Safety Code.
(ix)The Infill Infrastructure Grant Program of 2019 established pursuant to Part 12.5 (commencing with Section 53559) of Division 31 of the Health and Safety Code.
(x)The California Housing Accelerator program established pursuant to Chapter 6.6 (commencing with Section 50672) of Part 2 of Division 31 of the Health and Safety Code.
(xi)The Affordable Housing and Sustainable Communities Program established pursuant to Chapter 2 (commencing with Section 75210) of Part 1 of Division 44.
(xii)The City of Los Angeles House LA Fund approved by the voters of the City of Los Angeles at the November 8, 2022, statewide general election.
(xiii)Funding distributed by the Los Angeles County Affordable Housing Solutions Agency established pursuant to Title 6.9 (commencing with Section 64700) of the Government Code.
(xiv)Funding distributed by the California Debt Limit Allocation Committee and the California Tax Credit Allocation Committee.
(D)The housing development project site meets both of the following conditions:
(i)The site is located in an urbanized area or urban cluster, as designated by the United States Census Bureau.
(ii)If the project is located on a vacant site, the site does not contain tribal cultural resources that could be affected by the development that were found pursuant to a consultation as described by Section 21080.3.1 and the effects of which cannot be mitigated pursuant to the process described in Section 21080.3.2.
(E)The housing development project site is not any of the following:
(i)A site located within a very high fire hazard severity zone, as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Section 4202 or as designated pursuant to subdivisions (a) and (b) of Section 51179 of the Government Code.
(ii)A site that is either prime farmland or farmland of statewide importance, as defined pursuant to United States Department of Agriculture land inventory and monitoring criteria, as modified for California, and designated on the maps prepared by the Farmland Mapping and Monitoring Program of the Department of Conservation, or land zoned or designated for agricultural protection or preservation by a local ballot measure that was approved by the voters of that jurisdiction.
(iii)Wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).
(iv)A hazardous waste site that is listed pursuant to Section 65962.5 of the Government Code or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Section 25356 of the Health and Safety Code, unless either of the following apply:
(I)The site is an underground storage tank site that received a uniform closure letter issued pursuant to subdivision (g) of Section 25296.10 of the Health and Safety Code based on closure criteria established by the State Water Resources Control Board for residential use or residential mixed uses. This section does not alter or change the conditions to remove a site from the list of hazardous waste sites listed pursuant to Section 65962.5 of the Government Code.
(II)The State Department of Public Health, the State Water Resources Control Board, the Department of Toxic Substances Control, or a local agency making a determination pursuant to subdivision (c) of Section 25296.10 of the Health and Safety Code, has otherwise determined that the site is suitable for residential use or residential mixed uses.
(v)A site located within a special flood hazard area subject to inundation by the 1 percent annual chance flood (100-year flood) as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency. If a development proponent is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this clause and is otherwise eligible for an exemption under this section, a local government shall not deny the application on the basis that the development proponent did not comply with any additional permit requirement, standard, or action adopted by that local government that is applicable to that site. A development may be located on a site described in this clause if either of the following are met:
(I)The site has been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction.
(II)The site meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program pursuant to Part 59 (commencing with Section 59.1) and Part 60 (commencing with Section 60.1) of Subchapter B of Chapter I of Title 44 of the Code of Federal Regulations.
(vi)A site located within a regulatory floodway as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency, unless the development has received a no-rise certification in accordance with Section 60.3(d)(3) of Title 44 of the Code of Federal Regulations. If a development proponent is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this clause and is otherwise eligible for an exemption under this section, a local government shall not deny the application on the basis that the development proponent did not comply with any additional permit requirement, standard, or action adopted by that local government that is applicable to that site.
(vii)Lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code), habitat conservation plan pursuant to the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), or other adopted natural resource protection plan.
(viii)Habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code).
(ix)Lands under conservation easement.
(3)Affordable rent means a rent amount consistent with the rent limits established by the California Tax Credit Allocation Committee.
(4)Eligible public agency means any of the following:
(A)The County of Los Angeles.
(B)The Los Angeles Unified School District.
(C)The Los Angeles County Metropolitan Transportation Authority.
(D)The Housing Authority of the City of Los Angeles.
(E)The Los Angeles Homeless Services Authority.
(F)The Los Angeles Community College District.
(G)The successor agency for the former Community Redevelopment Agency of the City of Los Angeles.
(H)The Department of Transportation.
(I)The Department of Parks and Recreation.
(J)The Los Angeles County Development Authority.
(5)Housing development project has the same meaning as defined in subdivision (h) of Section 65589.5 of the Government Code.
(6)Low barrier navigation center means a low barrier navigation center, as defined in subdivision (a) of Section 65660 of the Government Code, that is funded in whole or in part by any of the following:
(A)The Homeless Housing, Assistance, and Prevention program established pursuant to Section 50217 of the Health and Safety Code.
(B)Measure H sales tax proceeds approved by the voters at the March 7, 2017, special election in the County of Los Angeles.
(C)General obligation bonds issued pursuant to Proposition HHH, approved by the voters of the City of Los Angeles at the November 8, 2016, statewide general election.
(D)The program referred to as Homekey, as described in Section 50675.1.1 of the Health and Safety Code.
(E)The Encampment Resolution Funding program established pursuant to Section 50251 of the Health and Safety Code.
(F)The Building Homes and Jobs Trust Fund established pursuant to Section 50470 of the Health and Safety Code.
(G)The Behavioral Health Bridge Housing Program established pursuant to Item 4260-101-0001 of Section 2.00 of the Budget Act of 2022.
(H)The Behavioral Health Continuum Infrastructure Program established pursuant to Chapter 1 (commencing with Section 5960) of Part 7 of Division 5 of the Welfare and Institutions Code.
(7)Project labor agreement has the same meaning as set forth in paragraph (1) of subdivision (b) of Section 2500 of the Public Contract Code.
(8)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 or the eligibility requirements for qualified supportive housing or qualified permanent supportive housing set forth in City of Los Angeles Ordinance No. 185,489 or 185,492, and that is funded, in whole or in part, by any of the following:
(A)The No Place Like Home Program (Part 3.9 (commencing with Section 5849.1) of Division 5 of the Welfare and Institutions Code).
(B)The Building Homes and Jobs Trust Fund established pursuant to Section 50470 of the Health and Safety Code.
(C)Measure H sales tax proceeds approved by the voters at the March 7, 2017, special election in the County of Los Angeles.
(D)General obligation bonds issued pursuant to Proposition HHH, approved by the voters of the City of Los Angeles at the November 8, 2016, statewide general election.
(E)The City of Los Angeles Housing Impact Trust Fund.
(F)The program referred to as Homekey, as described in Section 50675.1.1 of the Health and Safety Code.
(G)The Veterans Housing and Homeless Prevention Act of 2014 established pursuant to Article 3.2 (commencing with Section 987.001) of Chapter 6 of Division 4 of the Military and Veterans Code.
(H)The Multifamily Housing Program established pursuant to Chapter 6.7 (commencing with Section 50675) of Part 2 of Division 31 of the Health and Safety Code.
(I)The Infill Infrastructure Grant Program of 2019 established pursuant to Part 12.5 (commencing with Section 53559) of Division 31 of the Health and Safety Code.
(J)The California Housing Accelerator program established pursuant to Chapter 6.6 (commencing with Section 50672) of Part 2 of Division 31 of the Health and Safety Code.
(K)The Affordable Housing and Sustainable Communities Program established pursuant to Chapter 2 (commencing with Section 75210) of Part 1 of Division 44.
(L)The City of Los Angeles House LA Fund approved by the voters of the City of Los Angeles at the November 8, 2022, statewide general election.
(M)Funding distributed by the Los Angeles County Affordable Housing Solutions Agency established pursuant to Title 6.9 (commencing with Section 64700) of the Government Code.
(N)Funding distributed by the California Debt Limit Allocation Committee and the California Tax Credit Allocation Committee.
(9)Transitional housing projects for youth and young adults means buildings configured as rental housing developments for youth and young adults, but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than six months from the beginning of the assistance, or as defined in Section 65582 of the Government Code, and that is funded, in whole or in part, by any of the following:
(A)The Homeless Housing, Assistance, and Prevention program established pursuant to Section 50217 of the Health and Safety Code.
(B)Measure H sales tax proceeds approved by the voters at the March 7, 2017, special election in the County of Los Angeles.
(C)General obligation bonds issued pursuant to Proposition HHH approved by the voters of the City of Los Angeles at the November 8, 2016, statewide general election.
(D)The program referred to as Homekey, as described in Section 50675.1.1 of the Health and Safety Code.
(E)The Encampment Resolution Funding program established pursuant to Section 50251 of the Health and Safety Code.
(10)Youth and young adults means persons between 12 and 24 years of age, inclusive. Youth and young adults includes persons who are pregnant and parenting.
(b)Subject to subdivision (e), this division does not apply to any of the following activities undertaken by the City of Los Angeles within the City of Los Angeles:
(1)The issuance of an entitlement for, or the approval of the construction of, an affordable housing project, a low barrier navigation center, a supportive housing project, or a transitional housing project for youth and young adults.
(2)An action to lease, convey, or encumber land for an affordable housing project, a low barrier navigation center, a supportive housing project, or a transitional housing project for youth and young adults.
(3)An action to facilitate the lease, conveyance, or encumbrance of land owned or to be purchased for an affordable housing project, a low barrier navigation center, a supportive housing project, or a transitional housing project for youth and young adults.
(4)Rezoning, specific plan amendments, or general plan amendments required specifically and exclusively to allow the construction of an affordable housing project, a low barrier navigation center, a supportive housing project, or a transitional housing project for youth and young adults.
(5)An action to provide financial assistance in furtherance of implementing an affordable housing project, a low barrier navigation center, a supportive housing project, or a transitional housing project for youth and young adults.
(c)Subject to subdivision (e), this division does not apply to any of the following activities undertaken by the County of Los Angeles within the unincorporated areas of the County of Los Angeles or parcels owned by the County of Los Angeles within the City of Los Angeles:
(1)The issuance of an entitlement for, or the approval of the construction of, an affordable housing project, a low barrier navigation center, a supportive housing project, or a transitional housing project for youth and young adults.
(2)An action to lease, convey, or encumber land for an affordable housing project, a low barrier navigation center, a supportive housing project, or a transitional housing project for youth and young adults.
(3)An action to facilitate the lease, conveyance, or encumbrance of land owned or to be purchased for an affordable housing project, a low barrier navigation center, a supportive housing project, or a transitional housing project for youth and young adults.
(4)Rezoning, specific plan amendments, or general plan amendments required specifically and exclusively to allow the construction of an affordable housing project, a low barrier navigation center, a supportive housing project, or a transitional housing project for youth and young adults.
(5)An action to provide financial assistance in furtherance of implementing an affordable housing project, a low barrier navigation center, a supportive housing project, or a transitional housing project for youth and young adults.
(d)Subject to subdivision (e), this division does not apply to any of the following activities undertaken by an eligible public agency in the City of Los Angeles or within the unincorporated areas of the County of Los Angeles:
(1)An action to lease, convey, or encumber land for an affordable housing project, a low barrier navigation center, a supportive housing project, or a transitional housing project for youth and young adults.
(2)An action to facilitate the lease, conveyance, or encumbrance of land owned or to be purchased for an affordable housing project, a low barrier navigation center, a supportive housing project, or a transitional housing project for youth and young adults.
(3)An action to provide financial assistance in furtherance of implementing an affordable housing project, a low barrier navigation center, a supportive housing project, or a transitional housing project for youth and young adults.
(e)(1)(A)For an affordable housing project, low barrier navigation center, supportive housing project, or transition housing project for youth and young adults, that is not in its entirety a public work for purposes of Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code, this section applies only if the project sponsor certifies to the lead agency that all of the following will be met for any construction or rehabilitation work:
(i)All construction and rehabilitation workers employed in the execution of the project will be paid at least the general prevailing rate of per diem wages for the type of work and geographic area, as determined by the Director of Industrial Relations pursuant to Sections 1773 and 1773.9 of the Labor Code, except that apprentices registered in programs approved by the Chief of the Division of Apprenticeship Standards may be paid at least the applicable apprentice prevailing rate.
(ii)The project sponsor ensures that the prevailing wage requirement is included in all contracts for the performance of the work for those portions of the project that are not a public work.
(iii)All contractors and subcontractors for those portions of the project that are not a public work comply with both of the following:
(I)Pay to all construction and rehabilitation workers employed in the execution of the work at least the general prevailing rate of per diem wages, except that apprentices registered in programs approved by the Chief of the Division of Apprenticeship Standards may be paid at least the applicable apprentice prevailing rate.
(II)Maintain and verify payroll records pursuant to Section 1776 of the Labor Code and make those records available for inspection and copying as provided in that section. This subclause does not apply if all contractors and subcontractors performing work on the project are subject to a project labor agreement that requires the payment of prevailing wages to all construction workers employed in the execution of the project and provides for enforcement of that obligation through an arbitration procedure.
(B)(i)The obligation of the contractors and subcontractors to pay prevailing wages pursuant to subparagraph (A) may be enforced by any of the following:
(I)The Labor Commissioner through the issuance of a civil wage and penalty assessment pursuant to Section 1741 of the Labor Code, which may be reviewed pursuant to Section 1742 of the Labor Code, within 18 months after the completion of the project.
(II)An underpaid worker through an administrative complaint or civil action.
(III)A joint labor-management committee through a civil action under Section 1771.2 of the Labor Code.
(ii)If a civil wage and penalty assessment is issued pursuant to this subparagraph, the contractor, subcontractor, and surety on a bond or bonds issued to secure the payment of wages covered by the assessment shall be liable for liquidated damages pursuant to Section 1742.1 of the Labor Code.
(iii)This subparagraph does not apply if all contractors and subcontractors performing work on the project are subject to a project labor agreement that requires the payment of prevailing wages to all construction workers employed in the execution of the project and provides for enforcement of that obligation through an arbitration procedure.
(C)Notwithstanding subdivision (c) of Section 1773.1 of the Labor Code, the requirement that employer payments not reduce the obligation to pay the hourly straight time or overtime wages found to be prevailing does not apply to those portions of the project that are not a public work if otherwise provided in a bona fide collective bargaining agreement covering the worker.
(D)The requirement of subparagraph (A) to pay at least the general prevailing rate of per diem wages does not preclude use of an alternative workweek schedule adopted pursuant to Section 511 or 514 of the Labor Code.
(2)In addition to paragraph (1), for an affordable housing project, supportive housing project, or transitional housing project for youth and young adults involving the construction or rehabilitation work of 40 or more housing units, this section applies only if the project sponsor certifies to the lead agency that the work will be subject to a project labor agreement.
(f)If a lead agency determines that an activity is not subject to this division pursuant to subdivision (b), (c), or (d), 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.
(g)This section shall remain in effect only until January 1, 2030, and as of that date is repealed.
SEC. 3.The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances facing the City of Los Angeles and the County of Los Angeles with regard to affordable housing and homelessness, as described in Section 1 of this act.
SEC. 4.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.
The Legislature finds and declares all of the following:
(a)California has the largest number of residents experiencing homelessness, with over 171,000 people experiencing homelessness on a given night, almost 30 percent of the nations number, according to the United States Department of Housing and Urban Developments 2022 Annual Homelessness Assessment Report.
(b)According to the 2022 Greater Los Angeles Homeless Count, the County of Los Angeles has at any given time approximately 69,144 people experiencing homelessness countywide, including approximately 41,980 in the City of Los Angeles.
(c)The County of Los Angeles represents approximately 25 percent of the State of Californias population, but over 40 percent of the states unhoused population.
(d)The City of Los Angeles represents 9.6 percent of the State of Californias population, but nearly 25 percent of the states unhoused population.
(e)According to the 201721 American Community Survey 5-year estimates released in December 2022, almost 52 percent of total households are cost burdened, meaning that they spend more than 30 percent of their income on housing costs, while about 27 percent of households are severely cost burdened, meaning they spend more than 50 percent of their income on housing costs.
(f)On December 12, 2022, the City of Los Angeles declared a state of emergency on homelessness and activated the citys Emergency Operations Center.
(g)On January 10, 2023, the Los Angeles County Board of Supervisors unanimously voted to proclaim a local emergency for homelessness in the County of Los Angeles.
(h)Chapter 661 of the Statutes of 2022 specifies both of the following:
(1)That a construction or rehabilitation project receiving funding from the Los Angeles County Affordable Housing Solutions Agency would constitute a public work for which prevailing wages are required to be paid.
(2)That a construction or rehabilitation project with 40 units or greater is eligible to receive funding or financing from the Los Angeles County Affordable Housing Solutions Agency only if all construction and rehabilitation work is subject to a project labor agreement.
(i)On November 8, 2022, voters in the City of Los Angeles approved Measure ULA, which specifies that all construction or rehabilitation work on projects with 40 units or more that receive funding or financing through Measure ULA will be subject to the City of Los Angeles Department of Public Works Project Labor Agreement.
SEC. 2.Section 21080.27 of the Public Resources Code is amended to read:21080.27.(a)For purposes of this section, the following definitions apply:
(1)Affordable cost has the same meaning as affordable housing cost as defined in Section 50052.5 of the Health and Safety Code.
(2)Affordable housing means a housing development project that meets all of the following:
(A)A project with 100 percent of all units in the development, exclusive of a managers unit or units, dedicated to lower income households, as described in Section 50052.5 of the Health and Safety Code, at an affordable cost or an affordable rent, except that up to 20 percent of the units in the development may be dedicated to moderate-income households, as defined in Section 50053 of the Health and Safety Code, at an affordable cost or an affordable rent, and that rent.
(B)The units are subject to a recorded deed restriction for affordable rent for a period of 55 years for rental units and for affordable cost for a period of 45 years for owner-occupied units.
(C)The project is funded, in whole or in part, by any of the following:
(i)The No Place Like Home Program pursuant to Part 3.9 (commencing with Section 5849.1) of Division 5 of the Welfare and Institutions Code.
(ii)The Building Homes and Jobs Trust Fund established pursuant to Section 50470 of the Health and Safety Code.
(iii)Measure H sales tax proceeds approved by the voters at the March 7, 2017, special election in the County of Los Angeles.
(iv)General obligation bonds issued pursuant to Proposition HHH approved by the voters of the City of Los Angeles at the November 8, 2016, statewide general election.
(v)The City of Los Angeles Housing Impact Trust Fund.
(vi)The program referred to as Homekey, as described in Section 50675.1.1 of the Health and Safety Code.
(vii)The Veterans Housing and Homeless Prevention Act of 2014 established pursuant to Article 3.2 (commencing with Section 987.001) of Chapter 6 of Division 4 of the Military and Veterans Code.
(viii)The Multifamily Housing Program established pursuant to Chapter 6.7 (commencing with Section 50675) of Part 2 of Division 31 of the Health and Safety Code.
(ix)The Infill Infrastructure Grant Program of 2019 established pursuant to Part 12.5 (commencing with Section 53559) of Division 31 of the Health and Safety Code.
(x)The California Housing Accelerator program established pursuant to Chapter 6.6 (commencing with Section 50672) of Part 2 of Division 31 of the Health and Safety Code.
(xi)The Affordable Housing and Sustainable Communities Program established pursuant to Chapter 2 (commencing with Section 75210) of Part 1 of Division 44.
(xii)The City of Los Angeles House LA Fund approved by the voters of the City of Los Angeles at the November 8, 2022, statewide general election.
(xiii)Funding distributed by the Los Angeles County Affordable Housing Solutions Agency established pursuant to Title 6.9 (commencing with Section 64700) of the Government Code.
(xiv)Funding distributed by the California Debt Limit Allocation Committee and the California Tax Credit Allocation Committee.
(B)(D)The housing development project site meets both of the following conditions:
(i)The site is located in an urbanized area or urban cluster, as designated by the United States Census Bureau.
(ii)If the project is located on a vacant site, the site does not contain tribal cultural resources that could be affected by the development that were found pursuant to a consultation as described by Section 21080.3.1 and the effects of which cannot be mitigated pursuant to the process described in Section 21080.3.2.
(C)(E)The housing development project site is not any of the following:
(i)A site located within a very high fire hazard severity zone, as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Section 4202 or as designated pursuant to subdivisions (a) and (b) of Section 51179 of the Government Code.
(ii)A site that is either prime farmland or farmland of statewide importance, as defined pursuant to United States Department of Agriculture land inventory and monitoring criteria, as modified for California, and designated on the maps prepared by the Farmland Mapping and Monitoring Program of the Department of Conservation, or land zoned or designated for agricultural protection or preservation by a local ballot measure that was approved by the voters of that jurisdiction.
(iii)Wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).
(iv)A hazardous waste site that is listed pursuant to Section 65962.5 of the Government Code or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Section 25356 of the Health and Safety Code, unless either of the following apply:
(I)The site is an underground storage tank site that received a uniform closure letter issued pursuant to subdivision (g) of Section 25296.10 of the Health and Safety Code based on closure criteria established by the State Water Resources Control Board for residential use or residential mixed uses. This section does not alter or change the conditions to remove a site from the list of hazardous waste sites listed pursuant to Section 65962.5 of the Government Code.
(II)The State Department of Public Health, the State Water Resources Control Board, the Department of Toxic Substances Control, or a local agency making a determination pursuant to subdivision (c) of Section 25296.10 of the Health and Safety Code, has otherwise determined that the site is suitable for residential use or residential mixed uses.
(v)A site located within a special flood hazard area subject to inundation by the 1 percent annual chance flood (100-year flood) as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency. If a development proponent is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this clause and is otherwise eligible for an exemption under this section, a local government shall not deny the application on the basis that the development proponent did not comply with any additional permit requirement, standard, or action adopted by that local government that is applicable to that site. A development may be located on a site described in this clause if either of the following are met:
(I)The site has been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction.
(II)The site meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program pursuant to Part 59 (commencing with Section 59.1) and Part 60 (commencing with Section 60.1) of Subchapter B of Chapter I of Title 44 of the Code of Federal Regulations.
(vi)A site located within a regulatory floodway as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency, unless the development has received a no-rise certification in accordance with Section 60.3(d)(3) of Title 44 of the Code of Federal Regulations. If a development proponent is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this clause and is otherwise eligible for an exemption under this section, a local government shall not deny the application on the basis that the development proponent did not comply with any additional permit requirement, standard, or action adopted by that local government that is applicable to that site.
(vii)Lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code), habitat conservation plan pursuant to the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), or other adopted natural resource protection plan.
(viii)Habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code).
(ix)Lands under conservation easement.
(3)Affordable rent means a rent amount consistent with the rent limits established by the California Tax Credit Allocation Committee.
(4)Eligible public agency means any of the following:
(A)The County of Los Angeles.
(B)The Los Angeles Unified School District.
(C)The Los Angeles County Metropolitan Transportation Authority.
(D)The Housing Authority of the City of Los Angeles.
(E)The Los Angeles Homeless Services Authority.
(F)The Los Angeles Community College District.
(G)The successor agency for the former Community Redevelopment Agency of the City of Los Angeles.
(H)The Department of Transportation.
(I)The Department of Parks and Recreation.
(J)The Los Angeles County Development Authority.
(5)Housing development project has the same meaning as defined in subdivision (h) of Section 65589.5 of the Government Code.
(6)Low barrier navigation center means a low barrier navigation center, as defined in subdivision (a) of Section 65660 of the Government Code, that is funded in whole or in part by any of the following:
(A)The Homeless Housing, Assistance, and Prevention program established pursuant to Section 50217 of the Health and Safety Code.
(B)Measure H sales tax proceeds approved by the voters at the March 7, 2017, special election in the County of Los Angeles.
(C)General obligation bonds issued pursuant to Proposition HHH, approved by the voters of the City of Los Angeles at the November 8, 2016, statewide general election.
(D)The program referred to as Homekey, as described in Section 50675.1.1 of the Health and Safety Code.
(E)The Encampment Resolution Funding program established pursuant to Section 50251 of the Health and Safety Code.
(F)The Building Homes and Jobs Trust Fund established pursuant to Section 50470 of the Health and Safety Code.
(G)The Behavioral Health Bridge Housing Program established pursuant to Item 4260-101-0001 of Section 2.00 of the Budget Act of 2022.
(H)The Behavioral Health Continuum Infrastructure Program established pursuant to Chapter 1 (commencing with Section 5960) of Part 7 of Division 5 of the Welfare and Institutions Code.
(7)Project labor agreement has the same meaning as set forth in paragraph (1) of subdivision (b) of Section 2500 of the Public Contract Code.
(7)(8)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 or the eligibility requirements for qualified supportive housing or qualified permanent supportive housing set forth in City of Los Angeles Ordinance No. 185,489 or 185,492, and that is funded, in whole or in part, by any of the following:
(A)The No Place Like Home Program (Part 3.9 (commencing with Section 5849.1) of Division 5 of the Welfare and Institutions Code).
(B)The Building Homes and Jobs Trust Fund established pursuant to Section 50470 of the Health and Safety Code.
(C)Measure H sales tax proceeds approved by the voters at the March 7, 2017, special election in the County of Los Angeles.
(D)General obligation bonds issued pursuant to Proposition HHH, approved by the voters of the City of Los Angeles at the November 8, 2016, statewide general election.
(E)The City of Los Angeles Housing Impact Trust Fund.
(F)The program referred to as Homekey, as described in Section 50675.1.1 of the Health and Safety Code.
(G)The Veterans Housing and Homeless Prevention Act of 2014 established pursuant to Article 3.2 (commencing with Section 987.001) of Chapter 6 of Division 4 of the Military and Veterans Code.
(H)The Multifamily Housing Program established pursuant to Chapter 6.7 (commencing with Section 50675) of Part 2 of Division 31 of the Health and Safety Code.
(I)The Infill Infrastructure Grant Program of 2019 established pursuant to Part 12.5 (commencing with Section 53559) of Division 31 of the Health and Safety Code.
(J)The California Housing Accelerator program established pursuant to Chapter 6.6 (commencing with Section 50672) of Part 2 of Division 31 of the Health and Safety Code.
(K)The Affordable Housing and Sustainable Communities Program established pursuant to Chapter 2 (commencing with Section 75210) of Part 1 of Division 44.
(L)The City of Los Angeles House LA Fund approved by the voters of the City of Los Angeles at the November 8, 2022, statewide general election.
(M)Funding distributed by the Los Angeles County Affordable Housing Solutions Agency established pursuant to Title 6.9 (commencing with Section 64700) of the Government Code.
(N)Funding distributed by the California Debt Limit Allocation Committee and the California Tax Credit Allocation Committee.
(8)(9)Transitional housing projects for youth and young adults means buildings configured as rental housing developments for youth and young adults, but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than six months from the beginning of the assistance, or as defined in Section 65582 of the Government Code, and that is funded, in whole or in part, by any of the following:
(A)The Homeless Housing, Assistance, and Prevention program established pursuant to Section 50217 of the Health and Safety Code.
(B)Measure H sales tax proceeds approved by the voters at the March 7, 2017, special election in the County of Los Angeles.
(C)General obligation bonds issued pursuant to Proposition HHH approved by the voters of the City of Los Angeles at the November 8, 2016, statewide general election.
(D)The program referred to as Homekey, as described in Section 50675.1.1 of the Health and Safety Code.
(E)The Encampment Resolution Funding program established pursuant to Section 50251 of the Health and Safety Code.
(9)(10)Youth and young adults means persons between 12 and 24 years of age, inclusive. Youth and young adults includes persons who are pregnant and parenting.
(b)This Subject to subdivision (e), this division does not apply to any of the following activities undertaken by the City of Los Angeles within the City of Los Angeles:
(1)The issuance of an entitlement for for, or the approval of the construction of, an affordable housing project, a low barrier navigation center, a supportive housing project, or a transitional housing project for youth and young adults.
(2)An action to lease, convey, or encumber land for an affordable housing project, a low barrier navigation center, a supportive housing project, or a transitional housing project for youth and young adults.
(3)An action to facilitate the lease, conveyance, or encumbrance of land owned or to be purchased for an affordable housing project, a low barrier navigation center, a supportive housing project, or a transitional housing project for youth and young adults.
(4)Rezoning, specific plan amendments, or general plan amendments required specifically and exclusively to allow the construction of an affordable housing project, a low barrier navigation center, a supportive housing project, or a transitional housing project for youth and young adults.
(5)An action to provide financial assistance in furtherance of implementing an affordable housing project, a low barrier navigation center, a supportive housing project, or a transitional housing project for youth and young adults.
(c)This Subject to subdivision (e), this division does not apply to any of the following activities undertaken by the County of Los Angeles within the unincorporated areas of the County of Los Angeles or parcels owned by the County of Los Angeles within the City of Los Angeles:
(1)The issuance of an entitlement for for, or the approval of the construction of, an affordable housing project, a low barrier navigation center, a supportive housing project, or a transitional housing project for youth and young adults.
(2)An action to lease, convey, or encumber land for an affordable housing project, a low barrier navigation center, a supportive housing project, or a transitional housing project for youth and young adults.
(3)An action to facilitate the lease, conveyance, or encumbrance of land owned or to be purchased for an affordable housing project, a low barrier navigation center, a supportive housing project, or a transitional housing project for youth and young adults.
(4)Rezoning, specific plan amendments, or general plan amendments required specifically and exclusively to allow the construction of an affordable housing project, a low barrier navigation center, a supportive housing project, or a transitional housing project for youth and young adults.
(5)An action to provide financial assistance in furtherance of implementing an affordable housing project, a low barrier navigation center, a supportive housing project, or a transitional housing project for youth and young adults.
(d)This Subject to subdivision (e), this division does not apply to any of the following activities undertaken by an eligible public agency in the City of Los Angeles or within the unincorporated areas of the County of Los Angeles:
(1)An action to lease, convey, or encumber land for an affordable housing project, a low barrier navigation center, a supportive housing project, or a transitional housing project for youth and young adults.
(2)An action to facilitate the lease, conveyance, or encumbrance of land owned or to be purchased for an affordable housing project, a low barrier navigation center, a supportive housing project, or a transitional housing project for youth and young adults.
(3)An action to provide financial assistance in furtherance of implementing an affordable housing project, a low barrier navigation center, a supportive housing project, or a transitional housing project for youth and young adults.
(e)(1)(A)For an affordable housing project, low barrier navigation center, supportive housing project, or transition housing project for youth and young adults, that is not in its entirety a public work for purposes of Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code, this section applies only if the project sponsor certifies to the lead agency that all of the following will be met for any construction or rehabilitation work:
(i)All construction and rehabilitation workers employed in the execution of the project will be paid at least the general prevailing rate of per diem wages for the type of work and geographic area, as determined by the Director of Industrial Relations pursuant to Sections 1773 and 1773.9 of the Labor Code, except that apprentices registered in programs approved by the Chief of the Division of Apprenticeship Standards may be paid at least the applicable apprentice prevailing rate.
(ii)The project sponsor ensures that the prevailing wage requirement is included in all contracts for the performance of the work for those portions of the project that are not a public work.
(iii)All contractors and subcontractors for those portions of the project that are not a public work comply with both of the following:
(I)Pay to all construction and rehabilitation workers employed in the execution of the work at least the general prevailing rate of per diem wages, except that apprentices registered in programs approved by the Chief of the Division of Apprenticeship Standards may be paid at least the applicable apprentice prevailing rate.
(II)Maintain and verify payroll records pursuant to Section 1776 of the Labor Code and make those records available for inspection and copying as provided in that section. This subclause does not apply if all contractors and subcontractors performing work on the project are subject to a project labor agreement that requires the payment of prevailing wages to all construction workers employed in the execution of the project and provides for enforcement of that obligation through an arbitration procedure.
(B)(i)The obligation of the contractors and subcontractors to pay prevailing wages pursuant to subparagraph (A) may be enforced by any of the following:
(I)The Labor Commissioner through the issuance of a civil wage and penalty assessment pursuant to Section 1741 of the Labor Code, which may be reviewed pursuant to Section 1742 of the Labor Code, within 18 months after the completion of the project.
(II)An underpaid worker through an administrative complaint or civil action.
(III)A joint labor-management committee through a civil action under Section 1771.2 of the Labor Code.
(ii)If a civil wage and penalty assessment is issued pursuant to this subparagraph, the contractor, subcontractor, and surety on a bond or bonds issued to secure the payment of wages covered by the assessment shall be liable for liquidated damages pursuant to Section 1742.1 of the Labor Code.
(iii)This subparagraph does not apply if all contractors and subcontractors performing work on the project are subject to a project labor agreement that requires the payment of prevailing wages to all construction workers employed in the execution of the project and provides for enforcement of that obligation through an arbitration procedure.
(C)Notwithstanding subdivision (c) of Section 1773.1 of the Labor Code, the requirement that employer payments not reduce the obligation to pay the hourly straight time or overtime wages found to be prevailing does not apply to those portions of the project that are not a public work if otherwise provided in a bona fide collective bargaining agreement covering the worker.
(D)The requirement of subparagraph (A) to pay at least the general prevailing rate of per diem wages does not preclude use of an alternative workweek schedule adopted pursuant to Section 511 or 514 of the Labor Code.
(2)In addition to paragraph (1), for an affordable housing project, supportive housing project, or transitional housing project for youth and young adults involving the construction or rehabilitation work of 40 or more housing units, this section applies only if the project sponsor certifies to the lead agency that the work will be subject to a project labor agreement.
(e)(f)If a lead agency determines that an activity is not subject to this division pursuant to subdivision (b), (c), or (d), 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.
(f)(g)This section shall remain in effect only until January 1, 2030, and as of that date is repealed.
SEC. 3.The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances facing the City of Los Angeles and the County of Los Angeles with regard to affordable housing and homelessness, as described in Section 1 of this act.
SEC. 4.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.
The Legislature finds and declares all of the following:
(a)California has the largest number of residents experiencing homelessness, with over 171,000 people experiencing homelessness on a given night, almost 30 percent of the nations number, according to the United States Department of Housing and Urban Developments 2022 Annual Homelessness Assessment Report.
(b)According to the 2022 Greater Los Angeles Homeless Count, the County of Los Angeles has at any given time approximately 69,144 people experiencing homelessness countywide, including approximately 41,980 in the City of Los Angeles.
(c)The County of Los Angeles represents approximately 25 percent of the State of Californias population, but over 40 percent of the states unhoused population.
(d)The City of Los Angeles represents 9.6 percent of the State of Californias population, but nearly 25 percent of the states unhoused population.
(e)According to the 201721 American Community Survey 5-year estimates released in December 2022, almost 52 percent of total households are cost burdened, meaning that they spend more than 30 percent of their income on housing costs, while about 27 percent of households are severely cost burdened, meaning they spend more than 50 percent of their income on housing costs.
(f)On December 12, 2022, the City of Los Angeles declared a state of emergency on homelessness and activated the citys Emergency Operations Center.
(g)On January 10, 2023, the Los Angeles County Board of Supervisors unanimously voted to proclaim a local emergency for homelessness in the County of Los Angeles.
SEC. 2.Section 21080.27 of the Public Resources Code is amended to read:21080.27.(a)For purposes of this section, the following definitions apply:
(1)Affordable cost has the same meaning as affordable housing cost as defined in Section 50052.5 of the Health and Safety Code.
(1)(2)Affordable housing means a housing development project that meets all of the following:
(A)A project with 100 percent of all units in the development, exclusive of a managers unit or units, sold or rented dedicated to lower income households, as defined described in Section 50079.5 50052.5 of the Health and Safety Code, at an affordable cost or an affordable rent, except that up to 20 percent of the units in the development may be for dedicated to moderate-income households, as defined in Section 50053 of the Health and Safety Code, at an affordable cost or an affordable rent, and that is funded, in whole or in part, by any of the following:
(i)The No Place Like Home Program pursuant to Part 3.9 (commencing with Section 5849.1) of Division 5 of the Welfare and Institutions Code.
(ii)The Building Homes and Jobs Trust Fund established pursuant to Section 50470 of the Health and Safety Code.
(iii)Measure H sales tax proceeds approved by the voters at the March 7, 2017, special election in the County of Los Angeles.
(iv)General obligation bonds issued pursuant to Proposition HHH approved by the voters of the City of Los Angeles at the November 8, 2016, statewide general election.
(v)The City of Los Angeles Housing Impact Trust Fund.
(vi)The program referred to as Homekey, as described in Section 50675.1.1 of the Health and Safety Code.
(vii)The Veterans Housing and Homeless Prevention Act of 2014 established pursuant to Article 3.2 (commencing with Section 987.001) of Chapter 6 of Division 4 of the Military and Veterans Code.
(viii)The Multifamily Housing Program established pursuant to Chapter 6.7 (commencing with Section 50675) of Part 2 of Division 31 of the Health and Safety Code.
(ix)The Infill Infrastructure Grant Program of 2019 established pursuant to Part 12.5 (commencing with Section 53559) of Division 31 of the Health and Safety Code.
(x)The California Housing Accelerator program established pursuant to Chapter 6.6 (commencing with Section 50672) of Part 2 of Division 31 of the Health and Safety Code.
(xi)The Affordable Housing and Sustainable Communities Program established pursuant to Chapter 2 (commencing with Section 75210) of Part 1 of Division 44.
(xii)The City of Los Angeles House LA Fund approved by the voters of the City of Los Angeles at the November 8, 2022, statewide general election.
(xiii)Funding distributed by the Los Angeles County Affordable Housing Solutions Agency established pursuant to Title 6.9 (commencing with Section 64700) of the Government Code.
(xiv)Funding distributed by the California Debt Limit Allocation Committee and the California Tax Credit Allocation Committee.
(B)The housing development project site meets both of the following conditions:
(i)The site is located in an urbanized area or urban cluster, as designated by the United States Census Bureau.
(ii)If the project is located on a vacant site, the site does not contain tribal cultural resources that could be affected by the development that were found pursuant to a consultation as described by Section 21080.3.1 and the effects of which cannot be mitigated pursuant to the process described in Section 21080.3.2.
(C)The housing development project site is not any of the following:
(i)A site located within a very high fire hazard severity zone, as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Section 4202 or as designated pursuant to subdivisions (a) and (b) of Section 51179 of the Government Code.
(ii)A site that is either prime farmland or farmland of statewide importance, as defined pursuant to United States Department of Agriculture land inventory and monitoring criteria, as modified for California, and designated on the maps prepared by the Farmland Mapping and Monitoring Program of the Department of Conservation, or land zoned or designated for agricultural protection or preservation by a local ballot measure that was approved by the voters of that jurisdiction.
(iii)Wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).
(iv)A hazardous waste site that is listed pursuant to Section 65962.5 of the Government Code or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Section 25356 of the Health and Safety Code, unless either of the following apply:
(I)The site is an underground storage tank site that received a uniform closure letter issued pursuant to subdivision (g) of Section 25296.10 of the Health and Safety Code based on closure criteria established by the State Water Resources Control Board for residential use or residential mixed uses. This section does not alter or change the conditions to remove a site from the list of hazardous waste sites listed pursuant to Section 65962.5 of the Government Code.
(II)The State Department of Public Health, the State Water Resources Control Board, the Department of Toxic Substances Control, or a local agency making a determination pursuant to subdivision (c) of Section 25296.10 of the Health and Safety Code, has otherwise determined that the site is suitable for residential use or residential mixed uses.
(v)A site located within a special flood hazard area subject to inundation by the 1 percent annual chance flood (100-year flood) as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency. If a development proponent is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this clause and is otherwise eligible for an exemption under this section, a local government shall not deny the application on the basis that the development proponent did not comply with any additional permit requirement, standard, or action adopted by that local government that is applicable to that site. A development may be located on a site described in this clause if either of the following are met:
(I)The site has been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction.
(II)The site meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program pursuant to Part 59 (commencing with Section 59.1) and Part 60 (commencing with Section 60.1) of Subchapter B of Chapter I of Title 44 of the Code of Federal Regulations.
(vi)A site located within a regulatory floodway as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency, unless the development has received a no-rise certification in accordance with Section 60.3(d)(3) of Title 44 of the Code of Federal Regulations. If a development proponent is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this clause and is otherwise eligible for an exemption under this section, a local government shall not deny the application on the basis that the development proponent did not comply with any additional permit requirement, standard, or action adopted by that local government that is applicable to that site.
(vii)Lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code), habitat conservation plan pursuant to the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), or other adopted natural resource protection plan.
(viii)Habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code).
(ix)Lands under conservation easement.
(3)Affordable rent means a rent amount consistent with the rent limits established by the California Tax Credit Allocation Committee.
(2)(4)Eligible public agency means any of the following:
(A)The County of Los Angeles.
(B)The Los Angeles Unified School District.
(C)The Los Angeles County Metropolitan Transportation Authority.
(D)The Housing Authority of the City of Los Angeles.
(E)The Los Angeles Homeless Services Authority.
(F)The Los Angeles Community College District.
(G)The successor agency for the former Community Redevelopment Agency of the City of Los Angeles.
(H)The Department of Transportation.
(I)The Department of Parks and Recreation.
(J)The Los Angeles County Development Authority.
(3)Emergency shelter means a shelter, during a declaration of a shelter crisis described in Section 8698.2 of the Government Code, that meets the definition of a low barrier navigation center set forth in Section 65660 of the Government Code or meets the requirements of Section 65662 of the Government Code, and that is funded, in whole or in part, by any of the following:(A)The Homeless Housing, Assistance, and Prevention program established pursuant to Section 50217 of the Health and Safety Code.(B)Measure H sales tax proceeds approved by the voters at the March 7, 2017, special election in the County of Los Angeles.(C)General obligation bonds issued pursuant to Proposition HHH, approved by the voters of the City of Los Angeles at the November 8, 2016, statewide general election.(D)The Encampment Resolution Funding program established pursuant to Section 50251 of the Health and Safety Code.(E)The program referred to as Homekey, as described in Section 50675.1.1 of the Health and Safety Code.(F)The Behavioral Health Bridge Housing Program established pursuant to Item 4260-001-0001 of Section 2.00 of the Budget Act of 2022.(G)The Behavioral Health Continuum Infrastructure Program established pursuant to Chapter 1 (commencing with Section 5960) of Part 7 of Division 5 of the Welfare and Institutions Code.(4)(5)Housing development project has the same meaning as defined in subdivision (h) of Section 65589.5 of the Government Code.
(6)Low barrier navigation center means a low barrier navigation center, as defined in subdivision (a) of Section 65660 of the Government Code, that is funded in whole or in part by any of the following:
(A)The Homeless Housing, Assistance, and Prevention program established pursuant to Section 50217 of the Health and Safety Code.
(B)Measure H sales tax proceeds approved by the voters at the March 7, 2017, special election in the County of Los Angeles.
(C)General obligation bonds issued pursuant to Proposition HHH, approved by the voters of the City of Los Angeles at the November 8, 2016, statewide general election.
(D)The program referred to as Homekey, as described in Section 50675.1.1 of the Health and Safety Code.
(E)The Encampment Resolution Funding program established pursuant to Section 50251 of the Health and Safety Code.
(F)The Building Homes and Jobs Trust Fund established pursuant to Section 50470 of the Health and Safety Code.
(G)The Behavioral Health Bridge Housing Program established pursuant to Item 4260-101-0001 of Section 2.00 of the Budget Act of 2022.
(H)The Behavioral Health Continuum Infrastructure Program established pursuant to Chapter 1 (commencing with Section 5960) of Part 7 of Division 5 of the Welfare and Institutions Code.
(5)(7)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 or the eligibility requirements for qualified supportive housing or qualified permanent supportive housing set forth in City of Los Angeles Ordinance No. 185,489 or 185,492, and that is funded, in whole or in part, by any of the following:
(A)The No Place Like Home Program (Part 3.9 (commencing with Section 5849.1) of Division 5 of the Welfare and Institutions Code).
(B)The Building Homes and Jobs Trust Fund established pursuant to Section 50470 of the Health and Safety Code.
(C)Measure H sales tax proceeds approved by the voters at the March 7, 2017, special election in the County of Los Angeles.
(D)General obligation bonds issued pursuant to Proposition HHH, approved by the voters of the City of Los Angeles at the November 8, 2016, statewide general election.
(E)The City of Los Angeles Housing Impact Trust Fund.
(F)The program referred to as Homekey, as described in Section 50675.1.1 of the Health and Safety Code.
(G)The Veterans Housing and Homeless Prevention Act of 2014 established pursuant to Article 3.2 (commencing with Section 987.001) of Chapter 6 of Division 4 of the Military and Veterans Code.
(H)The Multifamily Housing Program established pursuant to Chapter 6.7 (commencing with Section 50675) of Part 2 of Division 31 of the Health and Safety Code.
(I)The Infill Infrastructure Grant Program of 2019 established pursuant to Part 12.5 (commencing with Section 53559) of Division 31 of the Health and Safety Code.
(J)The California Housing Accelerator program established pursuant to Chapter 6.6 (commencing with Section 50672) of Part 2 of Division 31 of the Health and Safety Code.
(K)The Affordable Housing and Sustainable Communities Program established pursuant to Chapter 2 (commencing with Section 75210) of Part 1 of Division 44.
(L)The City of Los Angeles House LA Fund approved by the voters of the City of Los Angeles at the November 8, 2022, statewide general election.
(M)Funding distributed by the Los Angeles County Affordable Housing Solutions Agency established pursuant to Title 6.9 (commencing with Section 64700) of the Government Code.
(N)Funding distributed by the California Debt Limit Allocation Committee and the California Tax Credit Allocation Committee.
(6)(8)Transitional housing housing projects for youth and young adults means buildings configured as rental housing developments, developments for youth and young adults, but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than six months from the beginning of the assistance, or as defined in Section 65582 of the Government Code, and that is funded, in whole or in part, by any of the following:
(A)The Homeless Housing, Assistance, and Prevention program established pursuant to Section 50217 of the Health and Safety Code.
(B)Measure H sales tax proceeds approved by the voters at the March 7, 2017, special election in the County of Los Angeles.
(C)General obligation bonds issued pursuant to Proposition HHH approved by the voters of the City of Los Angeles at the November 8, 2016, statewide general election.
(D)The program referred to as Homekey, as described in Section 50675.1.1 of the Health and Safety Code.
(E)The Encampment Resolution Funding program established pursuant to Section 50251 of the Health and Safety Code.
(9)Youth and young adults means persons between 12 and 24 years of age, inclusive. Youth and young adults includes persons who are pregnant and parenting.
(b)This division does not apply to any of the following activities undertaken by the City of Los Angeles within the City of Los Angeles. Angeles:(1)The issuance of an entitlement for an affordable housing project, an emergency shelter, a low barrier navigation center, a supportive housing project, or a transitional housing project. project for youth and young adults.
(2)An action to lease, convey, or encumber land for an affordable housing project, an emergency shelter, a low barrier navigation center, a supportive housing project, or a transitional housing project. project for youth and young adults.
(3)An action to facilitate the lease, conveyance, or encumbrance of land owned or to be purchased for an affordable housing project, an emergency shelter, a low barrier navigation center, a supportive housing project, or a transitional housing project. project for youth and young adults.
(4)Rezoning, specific plan amendments, or general plan amendments required specifically and exclusively to allow the construction of an affordable housing project, an emergency shelter, a low barrier navigation center, a supportive housing project, or a transitional housing project. project for youth and young adults.
(5)An action to provide financial assistance in furtherance of implementing an affordable housing project, an emergency shelter, a low barrier navigation center, a supportive housing project, or a transitional housing project. project for youth and young adults.
(c)This division does not apply to any of the following activities undertaken by the County of Los Angeles within the unincorporated areas of the County of Los Angeles. Angeles or parcels owned by the County of Los Angeles within the City of Los Angeles:(1)The issuance of an entitlement for an affordable housing project, an emergency shelter, a low barrier navigation center, a supportive housing project, or a transitional housing project. project for youth and young adults.
(2)An action to lease, convey, or encumber land for an affordable housing project, an emergency shelter, a low barrier navigation center, a supportive housing project, or a transitional housing project. project for youth and young adults.
(3)An action to facilitate the lease, conveyance, or encumbrance of land owned or to be purchased for an affordable housing project, an emergency shelter, a low barrier navigation center, a supportive housing project, or a transitional housing project. project for youth and young adults.
(4)Rezoning, specific plan amendments, or general plan amendments required specifically and exclusively to allow the construction of an affordable housing project, an emergency shelter, a low barrier navigation center, a supportive housing project, or a transitional housing project. project for youth and young adults.
(5)An action to provide financial assistance in furtherance of implementing an affordable housing project, an emergency shelter, a low barrier navigation center, a supportive housing project, or a transitional housing project. project for youth and young adults.
(d)This division does not apply to any of the following activities undertaken by an eligible public agency in the City of Los Angeles or within the unincorporated areas of the County of Los Angeles. Angeles:(1)An action to lease, convey, or encumber land for an affordable housing project, an emergency shelter, a low barrier navigation center, a supportive housing project, or a transitional housing project. project for youth and young adults.
(2)An action to facilitate the lease, conveyance, or encumbrance of land owned or to be purchased for an affordable housing project, an emergency shelter, a low barrier navigation center, a supportive housing project, or a transitional housing project. project for youth and young adults.
(3)An action to provide financial assistance in furtherance of implementing an affordable housing project, an emergency shelter, a low barrier navigation center, a supportive housing project, or a transitional housing project. project for youth and young adults.
(e)If a lead agency determines that an activity is not subject to this division pursuant to subdivision (b), (c), or (d), 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.(f)This section shall remain in effect only until January 1, 2030, and as of that date is repealed.SEC. 3.The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances facing the City of Los Angeles and the County of Los Angeles with regard to affordable housing and homelessness, as described in Section 1 of this act.
SEC. 4.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.
The Legislature finds and declares all of the following:
(a)California has the largest number of residents experiencing homelessness, with over 171,000 people experiencing homelessness on a given night, almost 30 percent of the nations number, according to the United States Department of Housing and Urban Developments 2022 Annual Homelessness Assessment Report.
(b)According to the 2022 Greater Los Angeles Homeless Count, the County of Los Angeles has at any given time approximately 69,144 people experiencing homelessness countywide, including approximately 41,980 in the City of Los Angeles.
(c)The County of Los Angeles represents approximately 25 percent of the State of Californias population, but over 40 percent of the states unhoused population.
(d)The City of Los Angeles represents 9.6 percent of the State of Californias population, but nearly 25 percent of the states unhoused population.
(e)According to the 201721 American Community Survey 5-year estimates released in December 2022, almost 52 percent of total households are cost burdened, meaning that they spend more than 30 percent of their income on housing costs, while about 27 percent of households are severely cost burdened, meaning they spend more than 50 percent of their income on housing costs.
(f)On December 12, 2022, the City of Los Angeles declared a state of emergency on homelessness and activated the citys Emergency Operations Center.
(g)On January 10, 2023, the Los Angeles County Board of Supervisors unanimously voted to proclaim a local emergency for homelessness in the County of Los Angeles.
SEC. 2.Section 21080.27 of the Public Resources Code is amended to read:21080.27.(a)For purposes of this section, the following definitions apply:
(1)Affordable housing means a housing development project that meets all of the following:
(A)A project with 100 percent of all units in the development, exclusive of a managers unit or units, sold or rented to lower income households, as defined in Section 50079.5 of the Health and Safety Code, except that up to 20 percent of the units in the development may be for moderate-income households, as defined in Section 50053 of the Health and Safety Code, and that is funded, in whole or in part, by any of the following:
(i)The No Place Like Home Program pursuant to Part 3.9 (commencing with Section 5849.1) of Division 5 of the Welfare and Institutions Code.
(ii)The Building Homes and Jobs Trust Fund established pursuant to Section 50470 of the Health and Safety Code.
(iii)Measure H sales tax proceeds approved by the voters at the March 7, 2017, special election in the County of Los Angeles.
(iv)General obligation bonds issued pursuant to Proposition HHH approved by the voters of the City of Los Angeles at the November 8, 2016, statewide general election.
(v)The City of Los Angeles Housing Impact Trust Fund.
(vi)The program referred to as Homekey, as described in Section 50675.1.1 of the Health and Safety Code.
(vii)The Veterans Housing and Homeless Prevention Act of 2014 established pursuant to Article 3.2 (commencing with Section 987.001) of Chapter 6 of Division 4 of the Military and Veterans Code.
(viii)The Multifamily Housing Program established pursuant to Chapter 6.7 (commencing with Section 50675) of Part 2 of Division 31 of the Health and Safety Code.
(ix)The Infill Infrastructure Grant Program of 2019 established pursuant to Part 12.5 (commencing with Section 53559) of Division 31 of the Health and Safety Code.
(x)The California Housing Accelerator program established pursuant to Chapter 6.6 (commencing with Section 50672) of Part 2 of Division 31 of the Health and Safety Code.
(xi)The Affordable Housing and Sustainable Communities Program established pursuant to Chapter 2 (commencing with Section 75210) of Part 1 of Division 44.
(xii)The City of Los Angeles House LA Fund approved by the voters of the City of Los Angeles at the November 8, 2022, statewide general election.
(xiii)Funding distributed by the Los Angeles County Affordable Housing Solutions Agency established pursuant to Title 6.9 (commencing with Section 64700) of the Government Code.
(xiv)Funding distributed by the California Debt Limit Allocation Committee and the California Tax Credit Allocation Committee.
(B)The housing development project site meets both of the following conditions:
(i)The site is located in an urbanized area or urban cluster, as designated by the United States Census Bureau.
(ii)If the project is located on a vacant site, the site does not contain tribal cultural resources that could be affected by the development that were found pursuant to a consultation as described by Section 21080.3.1 and the effects of which cannot be mitigated pursuant to the process described in Section 21080.3.2.
(C)The housing development project site is not any of the following:
(i)A site located within a very high fire hazard severity zone, as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Section 4202 or as designated pursuant to subdivisions (a) and (b) of Section 51179 of the Government Code.
(ii)A site that is either prime farmland or farmland of statewide importance, as defined pursuant to United States Department of Agriculture land inventory and monitoring criteria, as modified for California, and designated on the maps prepared by the Farmland Mapping and Monitoring Program of the Department of Conservation, or land zoned or designated for agricultural protection or preservation by a local ballot measure that was approved by the voters of that jurisdiction.
(iii)Wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).
(iv)A hazardous waste site that is listed pursuant to Section 65962.5 of the Government Code or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Section 25356 of the Health and Safety Code, unless either of the following apply:
(I)The site is an underground storage tank site that received a uniform closure letter issued pursuant to subdivision (g) of Section 25296.10 of the Health and Safety Code based on closure criteria established by the State Water Resources Control Board for residential use or residential mixed uses. This section does not alter or change the conditions to remove a site from the list of hazardous waste sites listed pursuant to Section 65962.5 of the Government Code.
(II)The State Department of Public Health, the State Water Resources Control Board, the Department of Toxic Substances Control, or a local agency making a determination pursuant to subdivision (c) of Section 25296.10 of the Health and Safety Code, has otherwise determined that the site is suitable for residential use or residential mixed uses.
(v)A site located within a special flood hazard area subject to inundation by the 1 percent annual chance flood (100-year flood) as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency. If a development proponent is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this clause and is otherwise eligible for an exemption under this section, a local government shall not deny the application on the basis that the development proponent did not comply with any additional permit requirement, standard, or action adopted by that local government that is applicable to that site. A development may be located on a site described in this clause if either of the following are met:
(I)The site has been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction.
(II)The site meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program pursuant to Part 59 (commencing with Section 59.1) and Part 60 (commencing with Section 60.1) of Subchapter B of Chapter I of Title 44 of the Code of Federal Regulations.
(vi)A site located within a regulatory floodway as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency, unless the development has received a no-rise certification in accordance with Section 60.3(d)(3) of Title 44 of the Code of Federal Regulations. If a development proponent is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this clause and is otherwise eligible for an exemption under this section, a local government shall not deny the application on the basis that the development proponent did not comply with any additional permit requirement, standard, or action adopted by that local government that is applicable to that site.
(vii)Lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code), habitat conservation plan pursuant to the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), or other adopted natural resource protection plan.
(viii)Habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code).
(ix)Lands under conservation easement.
(2)Eligible public agency means any of the following:
(A)The County of Los Angeles.
(B)The Los Angeles Unified School District.
(C)The Los Angeles County Metropolitan Transportation Authority.
(D)The Housing Authority of the City of Los Angeles.
(E)The Los Angeles Homeless Services Authority.
(F)The Los Angeles Community College District.
(G)The successor agency for the former Community Redevelopment Agency of the City of Los Angeles.
(H)The Department of Transportation.
(I)The Department of Parks and Recreation.
(J)The Los Angeles County Development Authority.
(3)Emergency shelters mean shelters, shelter means a shelter, during a declaration of a shelter crisis described in Section 8698.2 of the Government Code, that meet meets the definition of a low barrier navigation center set forth in Section 65660 of the Government Code or meet meets the requirements of Section 65662 of the Government Code, and that is funded, in whole or in part, by any of the following:
(A)The Homeless Housing, Assistance, and Prevention program established pursuant to Section 50217 of the Health and Safety Code.
(B)Measure H sales tax proceeds approved by the voters at the March 7, 2017, special election in the County of Los Angeles.
(C)General obligation bonds issued pursuant to Proposition HHH, approved by the voters of the City of Los Angeles at the November 8, 2016, statewide general election.
(D)The Encampment Resolution Funding program established pursuant to Section 50251 of the Health and Safety Code.
(E)The program referred to as Homekey, as described in Section 50675.1.1 of the Health and Safety Code.
(F)The Behavioral Health Bridge Housing Program established pursuant to Item 4260-001-0001 of Section 2.00 of the Budget Act of 2022.
(G)The Behavioral Health Continuum Infrastructure Program established pursuant to Chapter 1 (commencing with Section 5960) of Part 7 of Division 5 of the Welfare and Institutions Code.
(4)Housing development project has the same meaning as defined in subdivision (h) of Section 65589.5 of the Government Code.
(4)(5)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 or the eligibility requirements for qualified supportive housing or qualified permanent supportive housing set forth in City of Los Angeles Ordinance No. 185,489 or 185,492, and that is funded, in whole or in part, by any of the following:
(A)The No Place Like Home Program (Part 3.9 (commencing with Section 5849.1) of Division 5 of the Welfare and Institutions Code).
(B)The Building Homes and Jobs Trust Fund established pursuant to Section 50470 of the Health and Safety Code.
(C)Measure H sales tax proceeds approved by the voters at the March 7, 2017, special election in the County of Los Angeles.
(D)General obligation bonds issued pursuant to Proposition HHH, approved by the voters of the City of Los Angeles at the November 8, 2016, statewide general election.
(E)The City of Los Angeles Housing Impact Trust Fund.
(F)The program referred to as Homekey, as described in Section 50675.1.1 of the Health and Safety Code.
(G)The Veterans Housing and Homeless Prevention Act of 2014 established pursuant to Article 3.2 (commencing with Section 987.001) of Chapter 6 of Division 4 of the Military and Veterans Code.
(H)The Multifamily Housing Program established pursuant to Chapter 6.7 (commencing with Section 50675) of Part 2 of Division 31 of the Health and Safety Code.
(I)The Infill Infrastructure Grant Program of 2019 established pursuant to Part 12.5 (commencing with Section 53559) of Division 31 of the Health and Safety Code.
(J)The California Housing Accelerator program established pursuant to Chapter 6.6 (commencing with Section 50672) of Part 2 of Division 31 of the Health and Safety Code.
(K)The Affordable Housing and Sustainable Communities Program established pursuant to Chapter 2 (commencing with Section 75210) of Part 1 of Division 44.
(L)The City of Los Angeles House LA Fund approved by the voters of the City of Los Angeles at the November 8, 2022, statewide general election.
(M)Funding distributed by the Los Angeles County Affordable Housing Solutions Agency established pursuant to Title 6.9 (commencing with Section 64700) of the Government Code.
(N)Funding distributed by the California Debt Limit Allocation Committee and the California Tax Credit Allocation Committee.
(5)(6)Transitional housing means buildings configured as rental housing developments, but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than six months from the beginning of the assistance, or as defined in Section 65582 of the Government Code, and that is funded, in whole or in part, by any of the following:
(A)The Homeless Housing, Assistance, and Prevention program established pursuant to Section 50217 of the Health and Safety Code.
(B)Measure H sales tax proceeds approved by the voters at the March 7, 2017, special election in the County of Los Angeles.
(C)General obligation bonds issued pursuant to Proposition HHH approved by the voters of the City of Los Angeles at the November 8, 2016, statewide general election.
(D)The program referred to as Homekey, as described in Section 50675.1.1 of the Health and Safety Code.
(E)The Encampment Resolution Funding program established pursuant to Section 50251 of the Health and Safety Code.
(b)(1)This division does not apply to any activity approved by or carried out by the City of Los Angeles in furtherance of providing affordable housing, emergency shelters, supportive housing, or transitional housing in the City of Los Angeles. This division does not apply to any activity approved by or carried out by the County of Los Angeles in furtherance of providing affordable housing, emergency shelters, supportive housing, or transitional housing in the unincorporated areas of the County of Los Angeles.(2)This division does not apply to any action taken by an eligible public agency to lease, convey, or encumber land owned by that agency, or to any action taken by an eligible public agency to facilitate the lease, conveyance, or encumbrance of land owned by that agency, or to any action taken by an eligible public agency in providing financial assistance, in furtherance of providing affordable housing, emergency shelters, supportive housing, or transitional housing in the City of Los Angeles or the unincorporated areas of the County of Los Angeles.(3)This division does not apply to the adoption of Ordinance Nos. 185,489 and 185,492 by the City of Los Angeles in 2018.(b)This division does not apply to any of the following activities undertaken by the City of Los Angeles within the City of Los Angeles.
(1)The issuance of an entitlement for an affordable housing project, an emergency shelter, a supportive housing project, or a transitional housing project.
(2)An action to lease, convey, or encumber land for an affordable housing project, an emergency shelter, a supportive housing project, or a transitional housing project.
(3)An action to facilitate the lease, conveyance, or encumbrance of land owned or to be purchased for an affordable housing project, an emergency shelter, a supportive housing project, or a transitional housing project.
(4)Rezoning, specific plan amendments, or general plan amendments required specifically and exclusively to allow the construction of an affordable housing project, an emergency shelter, a supportive housing project, or a transitional housing project.
(5)An action to provide financial assistance in furtherance of implementing an affordable housing project, an emergency shelter, a supportive housing project, or a transitional housing project.
(c)This division does not apply to any of the following activities undertaken by the County of Los Angeles within the unincorporated areas of the County of Los Angeles.
(1)The issuance of an entitlement for an affordable housing project, an emergency shelter, a supportive housing project, or a transitional housing project.
(2)An action to lease, convey, or encumber land for an affordable housing project, an emergency shelter, a supportive housing project, or a transitional housing project.
(3)An action to facilitate the lease, conveyance, or encumbrance of land owned or to be purchased for an affordable housing project, an emergency shelter, a supportive housing project, or a transitional housing project.
(4)Rezoning, specific plan amendments, or general plan amendments required specifically and exclusively to allow the construction of an affordable housing project, an emergency shelter, a supportive housing project, or a transitional housing project.
(5)An action to provide financial assistance in furtherance of implementing an affordable housing project, an emergency shelter, a supportive housing project, or a transitional housing project.
(d)This division does not apply to any of the following activities undertaken by an eligible public agency in the City of Los Angeles or within the unincorporated areas of the County of Los Angeles.
(1)An action to lease, convey, or encumber land for an affordable housing project, an emergency shelter, a supportive housing project, or a transitional housing project.
(2)An action to facilitate the lease, conveyance, or encumbrance of land owned or to be purchased for an affordable housing project, an emergency shelter, a supportive housing project, or a transitional housing project.
(3)An action to provide financial assistance in furtherance of implementing an affordable housing project, an emergency shelter, a supportive housing project, or a transitional housing project.
(c)(e)If a lead agency determines that an activity is not subject to this division pursuant to paragraph (1) or (2) of subdivision (b) subdivision (b), (c), or (d), 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 does not apply to a larger project that may include or address affordable housing, emergency shelters, supportive housing, or transitional housing, as a component, including a development project that includes those uses among other uses or the adoption of a general plan or community plan that includes planning for those uses.(e)(f)This section shall remain in effect only until January 1, 2030, and as of that date is repealed.
SEC. 3.The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances facing the City of Los Angeles and the County of Los Angeles with regard to affordable housing and homelessness, as described in Section 1 of this act.
SEC. 4.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.
The Legislature finds and declares all of the following:
(a)California has the largest number of residents experiencing homelessness, with over 171,000 people experiencing homelessness on a given night, almost 30 percent of the nations number, according to the United States Department of Housing and Urban Developments 2022 Annual Homelessness Assessment Report.
(b)According to the 2022 Greater Los Angeles Homeless Count, the County of Los Angeles has at any given time approximately 69,144 people experiencing homelessness countywide, including approximately 41,980 in the City of Los Angeles.
(c)The County of Los Angeles represents approximately 25 percent of the State of Californias population, but over 40 percent of the states unhoused population.
(d)The City of Los Angeles represents 9.6 percent of the State of Californias population, but nearly 25 percent of the states unhoused population.
(e)According to the 201721 American Community Survey 5-year estimates released in December 2022, almost 52 percent of total households are cost burdened, meaning that they spend more than 30 percent of their income on housing costs, while about 27 percent of households are severely cost burdened, meaning they spend more than 50 percent of their income on housing costs.
(f)On December 12, 2023, 2022, the City of Los Angeles declared a state of emergency on homelessness and activated the citys Emergency Operations Center.
(g)On January 10, 2023, the Los Angeles County Board of Supervisors unanimously voted to proclaim a local emergency for homelessness in the County of Los Angeles.
SEC. 2.Section 21080.27 of the Public Resources Code is amended to read:21080.27.(a)For purposes of this section, the following definitions apply:
(1)Affordable housing means a housing development project with that meets all of the following:
(A)A project with 100 percent of all units in the development, exclusive of a managers unit or units, sold or rented to lower income households, as defined in Section 50079.5 of the Health and Safety Code, except that up to 20 percent of the units in the development may be for moderate-income households, as defined in Section 50053 of the Health and Safety Code, and that is funded, in whole or in part, by any of the following:
(A)(i)The No Place Like Home Program pursuant to Part 3.9 (commencing with Section 5849.1) of Division 5 of the Welfare and Institutions Code.
(B)(ii)The Building Homes and Jobs Trust Fund established pursuant to Section 50470 of the Health and Safety Code.
(C)(iii)Measure H sales tax proceeds approved by the voters at the March 7, 2017, special election in the County of Los Angeles.
(D)(iv)General obligation bonds issued pursuant to Proposition HHH approved by the voters of the City of Los Angeles at the November 8, 2016, statewide general election.
(E)(v)The City of Los Angeles Housing Impact Trust Fund.
(F)(vi)The program referred to as Homekey, as described in Section 50675.1.1 of the Health and Safety Code.
(G)(vii)The Veterans Housing and Homeless Prevention Act of 2014 established pursuant to Article 3.2 (commencing with Section 987.001) of Chapter 6 of Division 4 of the Military and Veterans Code.
(H)(viii)The Multifamily Housing Program established pursuant to Chapter 6.7 (commencing with Section 50675) of Part 2 of Division 31 of the Health and Safety Code.
(I)(ix)The Infill Infrastructure Grant Program of 2019 established pursuant to Part 12.5 (commencing with Section 53559) of Division 31 of the Health and Safety Code.
(J)(x)The California Housing Accelerator program established pursuant to Chapter 6.6 (commencing with Section 50672) of Part 2 of Division 31 of the Health and Safety Code.
(K)(xi)The Affordable Housing and Sustainable Communities Program established pursuant to Chapter 2 (commencing with Section 75210) of Part 1 of Division 44.
(L)(xii)The City of Los Angeles House LA Fund approved by the voters of the City of Los Angeles at the November 8, 2022, statewide general election.
(M)(xiii)Funding distributed by the Los Angeles County Affordable Housing Solutions Agency established pursuant to Title 6.9 (commencing with Section 64700) of the Government Code.
(N)(xiv)Funding distributed by the California Debt Limit Allocation Committee and the California Tax Credit Allocation Committee.
(B)The housing development project site meets both of the following conditions:
(i)The site is located in an urbanized area or urban cluster, as designated by the United States Census Bureau.
(ii)If the project is located on a vacant site, the site does not contain tribal cultural resources that could be affected by the development that were found pursuant to a consultation as described by Section 21080.3.1 and the effects of which cannot be mitigated pursuant to the process described in Section 21080.3.2.
(C)The housing development project site is not any of the following:
(i)A site located within a very high fire hazard severity zone, as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Section 4202 or as designated pursuant to subdivisions (a) and (b) of Section 51179 of the Government Code.
(ii)A site that is either prime farmland or farmland of statewide importance, as defined pursuant to United States Department of Agriculture land inventory and monitoring criteria, as modified for California, and designated on the maps prepared by the Farmland Mapping and Monitoring Program of the Department of Conservation, or land zoned or designated for agricultural protection or preservation by a local ballot measure that was approved by the voters of that jurisdiction.
(iii)Wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).
(iv)A hazardous waste site that is listed pursuant to Section 65962.5 of the Government Code or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Section 25356 of the Health and Safety Code, unless either of the following apply:
(I)The site is an underground storage tank site that received a uniform closure letter issued pursuant to subdivision (g) of Section 25296.10 of the Health and Safety Code based on closure criteria established by the State Water Resources Control Board for residential use or residential mixed uses. This section does not alter or change the conditions to remove a site from the list of hazardous waste sites listed pursuant to Section 65962.5 of the Government Code.
(II)The State Department of Public Health, the State Water Resources Control Board, the Department of Toxic Substances Control, or a local agency making a determination pursuant to subdivision (c) of Section 25296.10 of the Health and Safety Code, has otherwise determined that the site is suitable for residential use or residential mixed uses.
(v)A site located within a special flood hazard area subject to inundation by the 1 percent annual chance flood (100-year flood) as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency. If a development proponent is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this clause and is otherwise eligible for an exemption under this section, a local government shall not deny the application on the basis that the development proponent did not comply with any additional permit requirement, standard, or action adopted by that local government that is applicable to that site. A development may be located on a site described in this clause if either of the following are met:
(I)The site has been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction.
(II)The site meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program pursuant to Part 59 (commencing with Section 59.1) and Part 60 (commencing with Section 60.1) of Subchapter B of Chapter I of Title 44 of the Code of Federal Regulations.
(vi)A site located within a regulatory floodway as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency, unless the development has received a no-rise certification in accordance with Section 60.3(d)(3) of Title 44 of the Code of Federal Regulations. If a development proponent is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this clause and is otherwise eligible for an exemption under this section, a local government shall not deny the application on the basis that the development proponent did not comply with any additional permit requirement, standard, or action adopted by that local government that is applicable to that site.
(vii)Lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code), habitat conservation plan pursuant to the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), or other adopted natural resource protection plan.
(viii)Habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code).
(ix)Lands under conservation easement.
(2)Eligible public agency means any of the following:
(A)The County of Los Angeles.
(B)The Los Angeles Unified School District.
(C)The Los Angeles County Metropolitan Transportation Authority.
(D)The Housing Authority of the City of Los Angeles.
(E)The Los Angeles Homeless Services Authority.
(F)The Los Angeles Community College District.
(G)The successor agency for the former Community Redevelopment Agency of the City of Los Angeles.
(H)The Department of Transportation.
(I)The Department of Parks and Recreation.
(J)The Los Angeles County Development Authority.
(3)Emergency shelters mean shelters, during a declaration of a shelter crisis described in Section 8698.2 of the Government Code, that meet the definition of low barrier navigation center set forth in Section 65660 of the Government Code or meet the requirements of Section 65662 of the Government Code, and that is funded, in whole or in part, by any of the following:
(A)The Homeless Housing, Assistance, and Prevention program established pursuant to Section 50217 of the Health and Safety Code.
(B)Measure H sales tax proceeds approved by the voters at the March 7, 2017, special election in the County of Los Angeles.
(C)General obligation bonds issued pursuant to Proposition HHH, approved by the voters of the City of Los Angeles at the November 8, 2016, statewide general election.
(D)The Encampment Resolution Funding program established pursuant to Section 50251 of the Health and Safety Code.
(E)The program referred to as Homekey, as described in Section 50675.1.1 of the Health and Safety Code.
(F)The Behavioral Health Bridge Housing Program established pursuant to Item 4260-001-0001 of Section 2.00 of the Budget Act of 2022.
(G)The Behavioral Health Continuum Infrastructure Program established pursuant to Chapter 1 (commencing with Section 5960) of Part 7 of Division 5 of the Welfare and Institutions Code.
(4)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 or the eligibility requirements for qualified supportive housing or qualified permanent supportive housing set forth in City of Los Angeles Ordinance No. 185,489 or 185,492, and that is funded, in whole or in part, by any of the following:
(A)The No Place Like Home Program (Part 3.9 (commencing with Section 5849.1) of Division 5 of the Welfare and Institutions Code).
(B)The Building Homes and Jobs Trust Fund established pursuant to Section 50470 of the Health and Safety Code.
(C)Measure H sales tax proceeds approved by the voters at the March 7, 2017, special election in the County of Los Angeles.
(D)General obligation bonds issued pursuant to Proposition HHH, approved by the voters of the City of Los Angeles at the November 8, 2016, statewide general election.
(E)The City of Los Angeles Housing Impact Trust Fund.
(F)The program referred to as Homekey, as described in Section 50675.1.1 of the Health and Safety Code.
(G)The Veterans Housing and Homeless Prevention Act of 2014 established pursuant to Article 3.2 (commencing with Section 987.001) of Chapter 6 of Division 4 of the Military and Veterans Code.
(H)The Multifamily Housing Program established pursuant to Chapter 6.7 (commencing with Section 50675) of Part 2 of Division 31 of the Health and Safety Code.
(I)The Infill Infrastructure Grant Program of 2019 established pursuant to Part 12.5 (commencing with Section 53559) of Division 31 of the Health and Safety Code.
(J)The California Housing Accelerator program established pursuant to Chapter 6.6 (commencing with Section 50672) of Part 2 of Division 31 of the Health and Safety Code.
(K)The Affordable Housing and Sustainable Communities Program established pursuant to Chapter 2 (commencing with Section 75210) of Part 1 of Division 44.
(L)The City of Los Angeles House LA Fund approved by the voters of the City of Los Angeles at the November 8, 2022, statewide general election.
(M)Funding distributed by the Los Angeles County Affordable Housing Solutions Agency established pursuant to Title 6.9 (commencing with Section 64700) of the Government Code.
(N)Funding distributed by the California Debt Limit Allocation Committee and the California Tax Credit Allocation Committee.
(5)Transitional housing means buildings configured as rental housing developments, but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than six months from the beginning of the assistance, or as defined in Section 65582 of the Government Code, and that is funded, in whole or in part, by any of the following:
(A)The Homeless Housing, Assistance, and Prevention program established pursuant to Section 50217 of the Health and Safety Code.
(B)Measure H sales tax proceeds approved by the voters at the March 7, 2017, special election in the County of Los Angeles.
(C)General obligation bonds issued pursuant to Proposition HHH approved by the voters of the City of Los Angeles at the November 8, 2016, statewide general election.
(D)The program referred to as Homekey, as described in Section 50675.1.1 of the Health and Safety Code.
(E)The Encampment Resolution Funding program established pursuant to Section 50251 of the Health and Safety Code.
(b)(1)This division does not apply to any activity approved by or carried out by the City of Los Angeles in furtherance of providing affordable housing, emergency shelters, supportive housing, or transitional housing in the City of Los Angeles. This division does not apply to any activity approved by or carried out by the County of Los Angeles in furtherance of providing affordable housing, emergency shelters, supportive housing, or transitional housing in the unincorporated areas of the County of Los Angeles.
(2)This division does not apply to any action taken by an eligible public agency to lease, convey, or encumber land owned by that agency, or to any action taken by an eligible public agency to facilitate the lease, conveyance, or encumbrance of land owned by that agency, or to any action taken by an eligible public agency in providing financial assistance, in furtherance of providing affordable housing, emergency shelters, supportive housing, or transitional housing in the City of Los Angeles or the unincorporated areas of the County of Los Angeles.
(3)This division does not apply to the adoption of Ordinance Nos. 185,489 and 185,492 by the City of Los Angeles in 2018.
(c)If a lead agency determines that an activity is not subject to this division pursuant to paragraph (1) or (2) of subdivision (b) 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 does not apply to a larger project that may include or address affordable housing, emergency shelters, supportive housing, or transitional housing, as a component, including a development project that includes those uses among other uses or the adoption of a general plan or community plan that includes planning for those uses.
(d)(e)This section shall remain in effect only until January 1, 2035, 2030, and as of that date is repealed.
SEC. 3.The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances facing the City of Los Angeles and the County of Los Angeles with regard to affordable housing and homelessness, as described in Section 1 of this act.
SEC. 4.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.
The Legislature finds and declares all of the following:
(a)California has the largest number of residents experiencing homelessness, with over 171,000 people experiencing homelessness on a given night, almost 30 percent of the nations number, according to the United States Department of Housing and Urban Developments 2022 Annual Homelessness Assessment Report.
(b)According to the 2022 Greater Los Angeles Homeless Count, the County of Los Angeles has at any given time approximately 69,144 people experiencing homelessness countywide, including approximately 41,980 in the City of Los Angeles.
(c)The County of Los Angeles represents approximately 25 percent of the State of Californias population, but over 40 percent of the states unhoused population.
(d)The City of Los Angeles represents 9.6 percent of the State of Californias population, but nearly 25 percent of the states unhoused population.
(e)According to the 201721 American Community Survey 5-year estimates released in December 2022, almost 52 percent of total households are cost burdened, meaning that they spend more than 30 percent of their income on housing costs, while about 27 percent of households are severely cost burdened, meaning they spend more than 50 percent of their income on housing costs.
(f)On December 12, 2023, the City of Los Angeles declared a state of emergency on homelessness and activated the citys Emergency Operations Center.
(g)On January 10, 2023, the Los Angeles County Board of Supervisors unanimously voted to proclaim a local emergency for homelessness in the County of Los Angeles.
SECTION 1.SEC. 2.Section 21080.27 of the Public Resources Code is amended to read:21080.27.(a)For purposes of this section, the following definitions apply:
(1)Affordable housing means a housing development project as defined in subdivision (h) of Section 65589.5 of the Government Code, and is affordable to lower income households pursuant to subparagraph (G) of paragraph (1) of subdivision (b) of Section 65915 of the Government code, with 100 percent of all units in the development, exclusive of a managers unit or units, sold or rented to lower income households, as defined in Section 50079.5 of the Health and Safety Code, except that up to 20 percent of the units in the development may be for moderate-income households, as defined in Section 50053 of the Health and Safety Code, and that is funded, in whole or in part, by any of the following:
(A)The No Place Like Home Program pursuant to Part 3.9 (commencing with Section 5849.1) of Division 5 of the Welfare and Institutions Code.
(B)The Building Homes and Jobs Trust Fund established pursuant to Section 50470 of the Health and Safety Code.
(C)Measure H sales tax proceeds approved by the voters at the March 7, 2017, special election in the County of Los Angeles.
(D)General obligation bonds issued pursuant to Proposition HHH approved by the voters of the City of Los Angeles at the November 8, 2016, statewide general election.
(E)The City of Los Angeles Housing Impact Trust Fund.
(F)The program referred to as Homekey, as described in Section 50675.1.1 of the Health and Safety Code.
(G)The Veterans Housing and Homeless Prevention Act of 2014 established pursuant to Article 3.2 (commencing with Section 987.001) of Chapter 6 of Division 4 of the Military and Veterans Code.
(H)The Multifamily Housing Program established pursuant to Chapter 6.7 (commencing with Section 50675) of Part 2 of Division 31 of the Health and Safety Code.
(I)The Infill Infrastructure Grant Program of 2019 established pursuant to Part 12.5 (commencing with Section 53559) of Division 31 of the Health and Safety Code.
(J)The California Housing Accelerator program established pursuant to Chapter 6.6 (commencing with Section 50672) of Part 2 of Division 31 of the Health and Safety Code.
(K)The Affordable Housing and Sustainable Communities Program established pursuant to Chapter 2 (commencing with Section 75210) of Part 1 of Division 44.
(L)The City of Los Angeles House LA Fund approved by the voters of the City of Los Angeles at the November 8, 2022, statewide general election.
(M)Funding distributed by the Los Angeles County Affordable Housing Solutions Agency established pursuant to Title 6.9 (commencing with Section 64700) of the Government Code.
(N)Funding distributed by the California Debt Limit Allocation Committee and the California Tax Credit Allocation Committee.
(2)Eligible public agency means any of the following:
(A)The County of Los Angeles.
(B)The Los Angeles Unified School District.
(C)The Los Angeles County Metropolitan Transportation Authority.
(D)The Housing Authority of the City of Los Angeles.
(E)The Los Angeles Homeless Services Authority.
(F)The Los Angeles Community College District.
(G)The successor agency for the former Community Redevelopment Agency of the City of Los Angeles.
(H)The Department of Transportation.
(I)The Department of Parks and Recreation.
(J)The Los Angeles County Development Authority.
(3)Emergency shelters mean shelters, during a declaration of a shelter crisis described in Section 8698.2 of the Government Code, that meet the definition of low barrier navigation center set forth in Section 65660 of the Government Code or meet the requirements of Section 65662 of the Government Code, and that is funded, in whole or in part, by any of the following:
(A)The Homeless Housing, Assistance, and Prevention program established pursuant to Section 50217 of the Health and Safety Code.
(B)Measure H sales tax proceeds approved by the voters at the March 7, 2017, special election in the County of Los Angeles.
(C)General obligation bonds issued pursuant to Proposition HHH, approved by the voters of the City of Los Angeles at the November 8, 2016, statewide general election.
(D)The Encampment Resolution Funding program established pursuant to Section 50251 of the Health and Safety Code.
(E)The program referred to as Homekey, as described in Section 50675.1.1 of the Health and Safety Code.
(F)The Behavioral Health Bridge Housing Program established pursuant to Item 4260-001-0001 of Section 2.00 of the Budget Act of 2022.
(G)The Behavioral Health Continuum Infrastructure Program established pursuant to Chapter 1 (commencing with Section 5960) of Part 7 of Division 5 of the Welfare and Institutions Code.
(4)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 or the eligibility requirements for qualified supportive housing or qualified permanent supportive housing set forth in City of Los Angeles Ordinance No. 185,489 or 185,492, and that is funded, in whole or in part, by any of the following:
(A)The No Place Like Home Program (Part 3.9 (commencing with Section 5849.1) of Division 5 of the Welfare and Institutions Code).
(B)The Building Homes and Jobs Trust Fund established pursuant to Section 50470 of the Health and Safety Code.
(C)Measure H sales tax proceeds approved by the voters at the March 7, 2017, special election in the County of Los Angeles.
(D)General obligation bonds issued pursuant to Proposition HHH, approved by the voters of the City of Los Angeles at the November 8, 2016, statewide general election.
(E)The City of Los Angeles Housing Impact Trust Fund.
(F)The program referred to as Homekey, as described in Section 50675.1.1 of the Health and Safety Code.
(G)The Veterans Housing and Homeless Prevention Act of 2014 established pursuant to Article 3.2 (commencing with Section 987.001) of Chapter 6 of Division 4 of the Military and Veterans Code.
(H)The Multifamily Housing Program established pursuant to Chapter 6.7 (commencing with Section 50675) of Part 2 of Division 31 of the Health and Safety Code.
(I)The Infill Infrastructure Grant Program of 2019 established pursuant to Part 12.5 (commencing with Section 53559) of Division 31 of the Health and Safety Code.
(J)The California Housing Accelerator program established pursuant to Chapter 6.6 (commencing with Section 50672) of Part 2 of Division 31 of the Health and Safety Code.
(K)The Affordable Housing and Sustainable Communities Program established pursuant to Chapter 2 (commencing with Section 75210) of Part 1 of Division 44.
(L)The City of Los Angeles House LA Fund approved by the voters of the City of Los Angeles at the November 8, 2022, statewide general election.
(M)Funding distributed by the Los Angeles County Affordable Housing Solutions Agency established pursuant to Title 6.9 (commencing with Section 64700) of the Government Code.
(N)Funding distributed by the California Debt Limit Allocation Committee and the California Tax Credit Allocation Committee.
(5)Transitional housing means buildings configured as rental housing developments, but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than six months from the beginning of the assistance, or as defined in Section 65582 of the Government Code, and that is funded, in whole or in part, by any of the following:
(A)The Homeless Housing, Assistance, and Prevention program established pursuant to Section 50217 of the Health and Safety Code.
(B)Measure H sales tax proceeds approved by the voters at the March 7, 2017, special election in the County of Los Angeles.
(C)General obligation bonds issued pursuant to Proposition HHH approved by the voters of the City of Los Angeles at the November 8, 2016, statewide general election.
(D)The program referred to as Homekey, as described in Section 50675.1.1 of the Health and Safety Code.
(E)The Encampment Resolution Funding program established pursuant to Section 50251 of the Health and Safety Code.
(b)(1)This division does not apply to any activity approved by or carried out by the City of Los Angeles in furtherance of providing affordable housing, emergency shelters, supportive housing, or transitional housing in the City of Los Angeles. This division does not apply to any activity approved by or carried out by the County of Los Angeles in furtherance of providing affordable housing, emergency shelters, supportive housing, or transitional housing in the unincorporated areas of the County of Los Angeles.
(2)This division does not apply to any action taken by an eligible public agency to lease, convey, or encumber land owned by that agency, or to any action taken by an eligible public agency to facilitate the lease, conveyance, or encumbrance of land owned by that agency, or to any action taken by an eligible public agency in providing financial assistance, in furtherance of providing affordable housing, emergency shelters, supportive housing, or transitional housing in the City of Los Angeles. Angeles or the unincorporated areas of the County of Los Angeles.
(3)This division does not apply to the adoption of Ordinance Nos. 185,489 and 185,492 by the City of Los Angeles in 2018.
(c)If a lead agency determines that an activity is not subject to this division pursuant to paragraph (1) or (2) of subdivision (b) 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, 2035, and as of that date is repealed.
SEC. 3.The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances facing the City of Los Angeles and the County of Los Angeles with regard to affordable housing and homelessness, as described in Section 1 of this act.
SEC. 2.SEC. 4.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.
(a)For purposes of this section, the following definitions apply:
(1)Affordable housing means a housing development project as defined in subdivision (h) of Section 65589.5 of the Government Code, and is affordable to lower income households pursuant to subparagraph (G) of paragraph (1) of subdivision (b) of Section 65915 of the Government code, and that is funded, in whole or in part, by any of the following:
(A)The No Place Like Home Program pursuant to Part 3.9 (commencing with Section 5849.1) of Division 5 of the Welfare and Institutions Code.
(B)The Building Homes and Jobs Trust Fund established pursuant to Section 50470 of the Health and Safety Code.
(C)Measure H sales tax proceeds approved by the voters at the March 7, 2017, special election in the County of Los Angeles.
(D)General obligation bonds issued pursuant to Proposition HHH approved by the voters of the City of Los Angeles at the November 8, 2016, statewide general election.
(E)The City of Los Angeles Housing Impact Trust Fund.
(F)The program referred to as Homekey, as described in Section 50675.1.1 of the Health and Safety Code.
(G)The Veterans Housing and Homeless Prevention Act of 2014 established pursuant to Article 3.2 (commencing with Section 987.001) of Chapter 6 of Division 4 of the Military and Veterans Code.
(H)The Multifamily Housing Program established pursuant to Chapter 6.7 (commencing with Section 50675) of Part 2 of Division 31 of the Health and Safety Code.
(I)The Infill Infrastructure Grant Program of 2019 established pursuant to Part 12.5 (commencing with Section 53559) of Division 31 of the Health and Safety Code.
(J)The California Housing Accelerator program established pursuant to Chapter 6.6 (commencing with Section 50672) of Part 2 of Division 31 of the Health and Safety Code.
(K)The Affordable Housing and Sustainable Communities Program established pursuant to Chapter 2 (commencing with Section 75210) of Part 1 of Division 44.
(L)The City of Los Angeles House LA Fund approved by the voters of the City of Los Angeles at the November 8, 2022, statewide general election.
(M)Funding distributed by the Los Angeles County Affordable Housing Solutions Agency established pursuant to Title 6.9 (commencing with Section 64700) of the Government Code.
(N)Funding distributed by the California Debt Limit Allocation Committee and the California Tax Credit Allocation Committee.
(1)(2)Eligible public agency means any of the following:
(A)The County of Los Angeles.
(B)The Los Angeles Unified School District.
(C)The Los Angeles County Metropolitan Transportation Authority.
(D)The Housing Authority of the City of Los Angeles.
(E)The Los Angeles Homeless Services Authority.
(F)The Los Angeles Community College District.
(G)The successor agency for the former Community Redevelopment Agency of the City of Los Angeles.
(H)The Department of Transportation.
(I)The Department of Parks and Recreation.
(J)The Los Angeles County Development Authority.
(2)(3)Emergency shelters mean shelters, during a declaration of a shelter crisis described in Section 8698.2 of the Government Code, that meet the definition of low barrier navigation center set forth in Section 65660 of the Government Code and or meet the requirements of Section 65662 of the Government Code, that is located in either a mixed-use or nonresidential zone permitting multifamily uses or infill site, and that is funded, in whole or in part, by any of the following:
(A)The Homeless Emergency Aid program established pursuant to Section 50211 of the Health and Safety Code.(B)(A)The Homeless Housing, Assistance, and Prevention program established pursuant to Section 50217 of the Health and Safety Code.
(C)(B)Measure H sales tax proceeds approved by the voters at the March 7, 2017, special election in the County of Los Angeles.
(D)(C)General obligation bonds issued pursuant to Proposition HHH, approved by the voters of the City of Los Angeles at the November 8, 2016, statewide general election.
(D)The Encampment Resolution Funding program established pursuant to Section 50251 of the Health and Safety Code.
(E)The program referred to as Homekey, as described in Section 50675.1.1 of the Health and Safety Code.
(F)The Behavioral Health Bridge Housing Program established pursuant to Item 4260-001-0001 of Section 2.00 of the Budget Act of 2022.
(G)The Behavioral Health Continuum Infrastructure Program established pursuant to Chapter 1 (commencing with Section 5960) of Part 7 of Division 5 of the Welfare and Institutions Code.
(3)(4)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 or the eligibility requirements for qualified supportive housing or qualified permanent supportive housing set forth in City of Los Angeles Ordinance No. 185,489 or 185,492, and that is funded, in whole or in part, by any of the following:
(A)The No Place Like Home Program (Part 3.9 (commencing with Section 5849.1) of Division 5 of the Welfare and Institutions Code).
(B)The Building Homes and Jobs Trust Fund established pursuant to Section 50470 of the Health and Safety Code.
(C)Measure H sales tax proceeds approved by the voters at the March 7, 2017, special election in the County of Los Angeles.
(D)General obligation bonds issued pursuant to Proposition HHH, approved by the voters of the City of Los Angeles at the November 8, 2016, statewide general election.
(E)The City of Los Angeles Housing Impact Trust Fund.
(F)The program referred to as Homekey, as described in Section 50675.1.1 of the Health and Safety Code.
(G)The Veterans Housing and Homeless Prevention Act of 2014 established pursuant to Article 3.2 (commencing with Section 987.001) of Chapter 6 of Division 4 of the Military and Veterans Code.
(H)The Multifamily Housing Program established pursuant to Chapter 6.7 (commencing with Section 50675) of Part 2 of Division 31 of the Health and Safety Code.
(I)The Infill Infrastructure Grant Program of 2019 established pursuant to Part 12.5 (commencing with Section 53559) of Division 31 of the Health and Safety Code.
(J)The California Housing Accelerator program established pursuant to Chapter 6.6 (commencing with Section 50672) of Part 2 of Division 31 of the Health and Safety Code.
(K)The Affordable Housing and Sustainable Communities Program established pursuant to Chapter 2 (commencing with Section 75210) of Part 1 of Division 44.
(L)The City of Los Angeles House LA Fund approved by the voters of the City of Los Angeles at the November 8, 2022, statewide general election.
(M)Funding distributed by the Los Angeles County Affordable Housing Solutions Agency established pursuant to Title 6.9 (commencing with Section 64700) of the Government Code.
(N)Funding distributed by the California Debt Limit Allocation Committee and the California Tax Credit Allocation Committee.
(5)Transitional housing means buildings configured as rental housing developments, but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than six months from the beginning of the assistance, or as defined in Section 65582 of the Government Code, and that is funded, in whole or in part, by any of the following:
(A)The Homeless Housing, Assistance, and Prevention program established pursuant to Section 50217 of the Health and Safety Code.
(B)Measure H sales tax proceeds approved by the voters at the March 7, 2017, special election in the County of Los Angeles.
(C)General obligation bonds issued pursuant to Proposition HHH approved by the voters of the City of Los Angeles at the November 8, 2016, statewide general election.
(D)The program referred to as Homekey, as described in Section 50675.1.1 of the Health and Safety Code.
(E)The Encampment Resolution Funding program established pursuant to Section 50251 of the Health and Safety Code.
(b)(1)This division does not apply to any activity approved by or carried out by the City of Los Angeles in furtherance of providing affordable housing, emergency shelters or supportive housing shelters, supportive housing, or transitional housing in the City of Los Angeles.
(2)This division does not apply to any action taken by an eligible public agency to lease, convey, or encumber land owned by that agency, or to any action taken by an eligible public agency to facilitate the lease, conveyance, or encumbrance of land owned by that agency, or to any action taken by an eligible public agency in providing financial assistance, in furtherance of providing affordable housing, emergency shelters or supportive housing shelters, supportive housing, or transitional housing in the City of Los Angeles.
(3)This division does not apply to the adoption of Ordinance Nos. 185,489 and 185,492 by the City of Los Angeles in 2018.
(c)If a lead agency determines that an activity is not subject to this division pursuant to paragraph (1) or (2) of subdivision (b) 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, 2025, 2035, and as of that date is repealed.
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.Section 14000 of the Public Resources Code is amended to read:14000.(a)The Legislature hereby finds and declares that every California youth should be encouraged to reach their full potential, but that many youths require guidance and support to reach their goals and make positive changes in their lives.(b)The Legislature finds and declares that conserving or developing natural resources, and enhancing and maintaining environmentally important lands and waters through the use of Californias young adults, is beneficial not only to the youth of the state by providing them with educational and work opportunities, but also is beneficial for the states economy and environment.(c)The Legislature further finds and declares that the California Conservation Corps continues to offer California a unique opportunity to meet both the goal of increasing understanding and appreciation of the environment and the goal of helping youths become productive adults.(d)The Legislature therefore reaffirms its intent that the corps mission includes increasing awareness of and improving our natural resources, but more importantly, includes instilling basic skills and a healthy work ethic in California youth, building their character, self-esteem, and self-discipline, and establishing within them a strong sense of civic responsibility and understanding of the value of a days work for a days wages.(e)It is the further intent of the Legislature that corpsmembers graduate from the corps with good work habits, positive attitudes, and broadened professional horizons. It is the intent of the Legislature that the corps blend academic and job skills training with personal growth opportunities in order to develop productive youths who can make substantial contributions as California workers and citizens.(f)It is the further intent of the Legislature, in memory of Brien Thomas B.T. Collins and John E. Jack Dugan, and on behalf of their passion, support, and commitment to the mission of the corps, to ensure that the corps is an entrepreneurial and incentive-based program with stable and predictable funding. In pursuit of that goal, it is the intent of the Legislature that all state agencies look to the corps first to perform those projects that meet the mission of the corps.(a)The Legislature hereby finds and declares that every California youth should be encouraged to reach their full potential, but that many youths require guidance and support to reach their goals and make positive changes in their lives.
(b)The Legislature finds and declares that conserving or developing natural resources, and enhancing and maintaining environmentally important lands and waters through the use of Californias young adults, is beneficial not only to the youth of the state by providing them with educational and work opportunities, but also is beneficial for the states economy and its environment.
(c)The Legislature further finds and declares that the California Conservation Corps continues to offer California a unique opportunity to meet both the goal of increasing understanding and appreciation of the environment and the goal of helping youths become productive adults.
(d)The Legislature therefore reaffirms its intent that the corps mission includes increasing awareness of and improving our natural resources, but more importantly, includes instilling basic skills and a healthy work ethic in California youth, building their character, self-esteem, and self-discipline, and establishing within them a strong sense of civic responsibility and understanding of the value of a days work for a days wages.
(e)It is the further intent of the Legislature that corpsmembers graduate from the corps with good work habits, positive attitudes, and broadened professional horizons. It is the intent of the Legislature that the corps blend academic and job skills training with personal growth opportunities in order to develop productive youths who can make substantial contributions as California workers and citizens.
(f)It is the further intent of the Legislature, in memory of Brien Thomas B.T. Collins and John E. Jack Dugan, and on behalf of their passion, support, and commitment to the mission of the corps, to ensure that the corps is an entrepreneurial and incentive-based program with stable and predictable funding. In pursuit of that goal, it is the intent of the Legislature that all state agencies look to the corps first to perform those projects that meet the mission of the corps.
|
Date
|
Status
|
|---|---|
| Oct 10, 2023 | Chaptered by Secretary of State - Chapter 726, Statutes of 2023. |
| Oct 10, 2023 | Approved by the Governor. |
| Sep 20, 2023 | Enrolled and presented to the Governor at 4 p.m. |
| Sep 13, 2023 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 71. Noes 0. Page 3485.). |
| Sep 13, 2023 | In Assembly. Concurrence in Senate amendments pending. |
| Sep 13, 2023 | Read third time. Passed. Ordered to the Assembly. (Ayes 38. Noes 0. Page 2718.). |
| Sep 11, 2023 | Read second time. Ordered to third reading. |
| Sep 8, 2023 | Read third time and amended. Ordered to second reading. |
| Aug 15, 2023 | Read second time. Ordered to third reading. |
| Aug 14, 2023 | From committee: Be ordered to second reading pursuant to Senate Rule 28.8. |
| Jul 12, 2023 | Read second time and amended. Re-referred to Com. on APPR. |
| Jul 11, 2023 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 11. Noes 0.) (July 10). |
| Jun 21, 2023 | From committee: Do pass and re-refer to Com. on HOUSING. (Ayes 7. Noes 0.) (June 21). Re-referred to Com. on HOUSING. |
| May 31, 2023 | Referred to Coms. on E.Q. and HOUSING. |
| May 18, 2023 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 18, 2023 | Read third time. Passed. Ordered to the Senate. (Ayes 74. Noes 0. Page 1595.) |
| May 11, 2023 | Read second time. Ordered to Consent Calendar. |
| May 10, 2023 | From committee: Do pass. To Consent Calendar. (Ayes 14. Noes 0.) (May 10). |
| May 2, 2023 | Re-referred to Com. on APPR. |
| May 1, 2023 | Read second time and amended. |
| Apr 27, 2023 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 8. Noes 0.) (April 26). |
| Apr 24, 2023 | Re-referred to Com. on H. & C.D. |
| Apr 20, 2023 | Read second time and amended. |
| Apr 19, 2023 | From committee: Amend, and do pass as amended and re-refer to Com. on H. & C.D. (Ayes 9. Noes 0.) (April 17). |
| Apr 12, 2023 | Re-referred to Com. on NAT. RES. |
| Apr 11, 2023 | From committee chair, with author's amendments: Amend, and re-refer to Com. on NAT. RES. Read second time and amended. |
| Mar 27, 2023 | Re-referred to Com. on NAT. RES. |
| Mar 23, 2023 | Referred to Coms. on NAT. RES. and H. & C.D. |
| Mar 23, 2023 | From committee chair, with author's amendments: Amend, and re-refer to Com. on NAT. RES. Read second time and amended. |
| Feb 14, 2023 | From printer. May be heard in committee March 16. |
| Feb 13, 2023 | Read first time. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Sep 13, 2023 | AB 785 Santiago Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| Sep 13, 2023 | Assembly 3rd Reading AB785 Santiago By Durazo | Senate Floor |
Passed |
|
| Jul 10, 2023 | Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations] | Senate Standing Committee on Housing |
Passed |
|
| Jun 21, 2023 | Do pass, but first be re-referred to the Committee on [Housing] | Senate Standing Committee on Environmental Quality |
Passed |
|
| May 18, 2023 | AB 785 Santiago Consent Calendar Second Day Regular Session | Assembly Floor |
Passed |
|
| May 10, 2023 | Do pass. To Consent Calendar. | Assembly Standing Committee on Appropriations |
Passed |
|
| Apr 26, 2023 | Do pass as amended and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Housing and Community Development |
Passed |
|
| Apr 17, 2023 | Do pass as amended and be re-referred to the Committee on [Housing and Community Development] | Assembly Standing Committee on Natural Resources |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| California Housing Partnership Corporation | ** Support | |
| California YIMBY | ** Support | |
| Central City Association | ** Support | |
| City Of Los Angeles | * Support | Apr 26, 2023 |
| County Of Los Angeles | ** Support | |
| County of Los Angeles Board of Supervisors | ** Support | |
| Downtown Women's Center | ** Support | |
| East LA Community Corporation | ** Support | |
| Inner City Law Center | ** Support | |
| John Burton Advocates for Youth | ** Support | |
| LA Family Housing | ** Support | |
| los angeles homeless services authority | ** Support | |
| Los Angeles Unified School District | ** Support | |
| Mayor Karen Bass | * Support | Jun 21, 2023 |
| None | * Support | Jul 10, 2023 |
| Southern California Association Of Governments | ** Support | |
| Southern California Association of Non-Profit Housing | ** Support | |
| st. joseph center | ** Support | |
| The People Concern | ** Support | |
| United Way Greater LA | * Support | Jul 10, 2023 |
CONCURRENCE IN SENATE AMENDMENTS
CSA1 Bill Id:AB 785
Author:(Santiago)
As Amended Ver:September 8, 2023
Majority vote
SUMMARY
Adds a new exemption from the California Environmental Quality Act (CEQA) for affordable housing projects and transitional housing projects for youth and young adults, as defined, located in the City of Los Angeles or unincorporated areas in the County of Los Angeles. Revises an existing exemption for shelters ("low barrier navigation centers") and supportive housing projects in Los Angeles to extend its application to projects in unincorporated areas. Sunsets all exemptions in 2030.
Senate Amendments
- Clarify and strengthen affordability requirements for eligible affordable housing projects, including adding deed restrictions.
- Revise the exemption for "emergency shelters" to instead use the term "low barrier navigation centers."
- Require eligible projects that are not entirely public work to pay prevailing wages to all construction and rehabilitation workers, unless all contractors and subcontractors are subject to a project labor agreement that requires payment of prevailing wages. Further require all eligible projects of 40 or more housing units to have a project labor agreement.
COMMENTS
CEQA includes various statutory exemptions, as well as categorical exemptions in the CEQA Guidelines, for a wide range of residential projects. Since 1978, CEQA has included statutory exemptions for housing. There are now at least 14 distinct CEQA exemptions for housing projects. The majority of residential projects are approved via exemption or negative declaration under CEQA, or through ministerial permits where CEQA does not apply.
A few existing CEQA exemptions are specific to projects with an affordable housing fraction, the rest are available to affordable and market-rate projects alike. Each exemption includes a range of conditions, including requirements for prior planning-level review, as well as limitations on the location and characteristics of the site. These conditions are intended to guard against the approval of projects with significant environmental impacts that go undisclosed and unmitigated – endangering workers, residents and the greater environment. More recently, bills such as SB 35 (Wiener), Chapter 366, Statutes of 2017, and AB 2011 (Wicks), Chapter 647, Statutes of 2022, have established ministerial approval for housing projects, where local discretionary review, including CEQA, is replaced with construction labor requirements and exclusion of specified sensitive sites.
AB 1197 (Santiago), Chapter 340, Statutes of 2019, established a CEQA exemption for emergency shelters and supportive housing projects approved or carried out by the City of Los Angeles, which sunsets January 1, 2025.
According to the Author
It's taking way too long to build homeless and affordable housing. While the City and County of Los Angeles have declared state of emergencies on homelessness, it is imperative we speed up the construction of desperately needed housing. AB 785 responds to the homeless crisis in Los Angeles by removing barriers that slow the construction of homeless housing. Specifically, the bill provides CEQA exemptions for publicly funded homeless and affordable housing projects in Los Angeles.
Arguments in Support
According to Los Angeles Mayor Karen Bass, AB 785 will remove one of the barriers that slows down the development of new homeless housing interventions in the City of Los Angeles by eliminating the need for these projects to undergo the environmental review process mandated by CEQA. The 2022 Greater Los Angeles Homeless Count reported over 69,000 people experiencing homelessness in Los Angeles County including nearly 42,000 unhoused individuals in the City of Los Angeles alone. The need to address the homelessness crisis with urgency and innovative solutions is critical. AB 785 is a sensible approach that will open the City’s path to expedite the construction and reduce the costs of thousands of housing projects necessary to combat the humanitarian emergency of homelessness.
Arguments in Opposition
Several affordable housing organizations who formerly supported the bill, as well as the Western Electrical Contractors Association, now oppose the project labor agreement requirement added to the bill on September 8.
FISCAL COMMENTS
According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state costs.
VOTES:
ASM NATURAL RESOURCES: 9-0-2
YES: Luz Rivas, Addis, Friedman, Hoover, Mathis, Pellerin, Ward, Wood, Zbur
ABS, ABST OR NV: Flora, Muratsuchi
ASM HOUSING AND COMMUNITY DEVELOPMENT: 8-0-0
YES: Wicks, Joe Patterson, Wendy Carrillo, Gabriel, Kalra, Quirk-Silva, Sanchez, Ward
ASM APPROPRIATIONS: 14-0-2
YES: Holden, Megan Dahle, Calderon, Wendy Carrillo, Dixon, Mike Fong, Addis, Lowenthal, Papan, Pellerin, Robert Rivas, Sanchez, Weber, Wilson
ABS, ABST OR NV: Bryan, Mathis
ASSEMBLY FLOOR: 74-0-6
YES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Chen, Connolly, Megan Dahle, Davies, Dixon, Essayli, Flora, Mike Fong, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, Mathis, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Wallis, Ward, Weber, Wicks, Wood, Zbur, Rendon
ABS, ABST OR NV: Cervantes, Vince Fong, Friedman, Villapudua, Waldron, Wilson
UPDATED
VERSION: July 12, 2023
CONSULTANT: Lawrence Lingbloom / NAT. RES. / (916) 319-2092 FN: 0002415
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB 785 |
THIRD READING
Bill No: AB 785
Author: Santiago (D)
Amended: 9/8/23 in Senate
Vote: 21
SENATE ENVIRONMENTAL QUALITY COMMITTEE: 7-0, 6/21/23
AYES: Allen, Dahle, Gonzalez, Hurtado, Menjivar, Nguyen, Skinner
SENATE HOUSING COMMITTEE: 11-0, 7/10/23
AYES: Wiener, Ochoa Bogh, Blakespear, Caballero, Cortese, McGuire, Padilla, Seyarto, Skinner, Umberg, Wahab
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
ASSEMBLY FLOOR: 74-0, 5/18/23 (Consent) - See last page for vote
SUBJECT: California Environmental Quality Act: exemption: City of Los Angeles: County of Los Angeles: affordable housing and transitional housing
SOURCE: Author
DIGEST:
This bill creates exemptions to the California Environmental Quality Act (CEQA) for low-barrier navigation centers, supportive housing, transitional housing for youth and young adults, and affordable housing projects, and actions leading up to the deployment of these project undertaken by the City and County of Los Angeles in specified areas until January 1, 2030. This replaces existing law that had granted CEQA exemptions for supportive and emergency shelters in Los Angeles until January 1, 2025. This bill further adds labor provisions as eligibility criteria for this CEQA exemption, including requiring prevailing wage consistent with requirements established in AB 2011 (Wicks, Chapter 647, Statutes of 2022), and requiring that projects with 40 or more units have a project labor agreement (PLA).
Senate Floor Amendments of 9/8/23 add labor provisions as eligibility criteria for the CEQA exemption created in the bill, including requiring prevailing wage consistent with requirements established in AB 2011 (Wicks, Chapter 647, Statutes of 2022), and requiring that projects with 40 or more units have a project labor agreement (PLA).
ANALYSIS:
Existing law:
- Provides that under CEQA, a lead agency determines whether a project is exempt from CEQA, or if it must do an initial study to determine if a project will have significant effects on the environment. If a project has no effect on the environment or if it has effects that can be mitigated, the lead agency prepares a negative declaration (ND) or mitigated negative declaration (MND). If the project will have significant impacts, the lead agency prepares an environmental impact report (EIR) to evaluate and propose mitigation measures for any effects on the environment, including impacts or likely impacts to land, air, water, minerals, flora, fauna, ambient noise, and historic or aesthetic significance. (Public Resources Code (PRC) §§21000 et seq.)
- Creates numerous exemptions for residential projects, including:
- Small residential housing projects with low environmental impact that are for affordable agriculture, affordable urban, or urban infill housing projects. (PRC § 21159.20-21159.24)
- Mixed-use, and "employment center" projects located within "transit priority areas," if the project is consistent with an adopted specific plan or other planning document that aligns transportation and housing elements to reduce greenhouse gas emissions. (PRC § 21155.4)
- Multi-family residential and mixed-use housing projects on infill sites within cities and unincorporated areas that are within urbanized areas or urban clusters. (PRC § 21159.25)
- Creates an exemption in CEQA for infill development projects that are consistent with a general plan and zoning, are substantially surrounded by urban uses and do not impinge on habitat or result in any significant effects relating to traffic, noise, air quality, or water quality, and can be adequately served by utilities and public services. (CEQA Guidelines §15332)
- Establishes a ministerial approval process (i.e., not subject to CEQA) for certain multifamily affordable housing projects in local jurisdictions that have not met regional housing needs. Eligibility is contingent on labor standards and site specifics. (GC § 65913.4)
- Establishes a ministerial approval process for affordable housing projects in commercial zones. Requires eligible projects to pay prevailing wage to construction workers and requires projects of 50 units or more to participate in an apprenticeship program and make specified healthcare contributions for construction workers. (GC § 65912.100 added by AB 2011 (Wicks), Chapter 647, Statutes of 2022)
- Creates a statutory CEQA exemption for emergency shelters and supportive housing projects approved or carried out within the City of Los Angeles by the City of Los Angeles and by other local eligible public agencies, which sunsets Jan 1, 2025. (PRC § 21080.27)
This bill:
- Creates a CEQA exemption for projects by the city and county of Los Angeles for affordable housing projects and transitional housing for youth and young adults. This exemption applies to the issuance of an entitlement, rezoning, specific plan amendments, or general plan amendments required specifically and exclusively to allow the construction of one of the projects eligible for this CEQA exemption in an eligible location.
- Updates an existing CEQA exemption for supportive housing and emergency shelter projects conducted by a public agency in the City of Los Angeles, due to sunset January 1, 2025, to instead pertain to supportive housing and low barrier navigation centers, and extends the sunset on these provisions until January 1, 2030.
- Provides that these CEQA exemptions apply to projects by local public agencies in unincorporated areas of Los Angeles County and parcels owned by the County of Los Angeles within the City of Los Angeles.
- Defines eligible affordable housing projects as ones that meet the following criteria:
- At least 80% of the units are for lower income households and the remaining 20% must be for moderate or lower income households;
- Projects are funded, in whole or by part, by one of 14 specified State, County, or City funding sources; and
- The site is in an urbanized area and is not located on a culturally significant, environmentally important, sensitive or hazardous site.
- Defines eligible housing projects for youth and young adults as rentals of no more than six months’ duration meeting the criteria defined in Section 65582 of the Government Code, and funded in whole or in part by one of five specified state, county, or city funding sources.
- Defines low barrier navigation center as defined in Section 65660 of the Government Code and that is funded in whole or in part by one eight specified state, county, or city funding sources.
- Establishes labor standards requiring that projects receiving the CEQA exemption established in these provisions must meet certain prevailing wage labor criteria established in AB 2011 (Wicks, Chapter 647, Statutes of 2022). This prevailing wage requirement includes a requirement to maintain and verify payroll records and make those records available for inspection and copying.
- Establishes labor standards requiring that for construction or rehabilitation work of 40 or more housing units, the project sponsor must certify to the lead agency that the work is subject to a project labor agreement.
Background
- The A, B, C’s of CEQA. CEQA is designed to (a) make government agencies and the public aware of the environmental impacts of a proposed project, (b) ensure the public can take part in the review process, and (c) identify and implement measures to mitigate or eliminate any negative impact the project may have on the environment. CEQA is enforced by civil lawsuits that can challenge any project’s environmental review. Nonprofits, private individuals, public agencies, advocacy groups, and other organizations can all file lawsuits under CEQA.
- CEQA exemptions. A project is exempt from CEQA if it is ministerial (i.e., it does not involve discretionary decisions), or if there is a specific statutory or categorical exemption that applies to the project. Statutory exemptions are created by the Legislature and apply even if a project has the potential to significantly affect the environment. In contrast, categorical exemptions, which are listed in the CEQA guidelines, generally do not apply if there are significant environmental impacts associated with the project, including if (1) there is a reasonable possibility of a significant effect on the environment due to unusual circumstances; (2) significant cumulative impacts from projects of the same type will result; or (3) the project will have impacts on a uniquely sensitive environment.
- Numerous CEQA Exemptions Apply to Affordable Housing. Recent legislation (SB 35, Wiener, 2017 and AB 2011 Wicks, 2022) has established ministerial approval processes for affordable housing projects, in which CEQA review is waived for housing projects that meet high labor requirements and are located outside of specified sensitive sites.
In addition to ministerial processes, there are over a dozen CEQA exemptions for housing projects, including:
- Affordable housing projects;
- Residential projects;
- Urban resident or mixed-use housing projects in unincorporated counties;
- transit-priority and residential projects; and
- Residential, movement center, or mixed-use development project in a transit priority area.
Affordable housing, as a subset of housing, could be eligible for any of these exemptions so long as the project meets the specific criteria for a given exemption. There are also categorical and statutory exemptions specifically for affordable housing. These exemptions come with their own eligibility criteria, including that projects meet certain urban density and size requirements, avoid impacts on sensitive habitat, wildlife, and the environment, and are not on sensitive sites.
- Housing Crisis in Los Angeles. Los Angeles is suffering from a housing crisis. In December 2022, the City of Los Angeles declared a state of emergency on homelessness. A month later, the County of Los Angeles followed suit. The Southern California Association of Governments has determined that governments within Los Angeles County need to plan for 341,000 additional affordable to lower-income homes by 2029. However, if current production rates continue, just 25,000 of these units would be created in that time. At last count, there were nearly 42,000 people experiencing homelessness in the City of Los Angeles, and over 66,000 people experiencing homelessness in the County.
Comments
- Purpose of Bill. According to the author, “It’s taking way too long to build homeless and affordable housing. While the City and County of Los Angeles have declared a state of emergencies on homelessness, it is imperative we speed up the construction of desperately needed housing. AB 785 responds to the homeless crisis in Los Angeles by removing barriers that slow the construction of homeless housing. Specifically, the bill provides CEQA exemptions for publicly funded homeless and affordable housing projects in Los Angeles.”
- AB 785 Drastically Expands AB 1197. AB 785 expands a fairly narrow CEQA exemption for emergency shelters and supportive housing by public agencies in Los Angeles (AB 1197, Santiago, Chapter 340, Statutes of 2019). AB 785 updates the CEQA exemptions in AB 1197 that had applied to “transitional housing projects,” which are generally no longer funded by federal and state programs, and instead creates an exemption for “transition housing projects for youth and young adults” and “low barrier navigation centers”. The bill extends the sunset date for these newly defined projects by five years until Jan 1, 2030. AB 785 also expands off of these existing CEQA exemptions to include transitional housing projects for youth and young adults and affordable housing projects in Los Angeles. The bill also expands the areas in which the exemptions could be applied to include unincorporated areas in Los Angeles County. This represents a dramatic expansion to AB 1197 and provides a new tool that public agencies in Los Angeles could use to skip CEQA when building affordable housing projects.
- AB 785 Could Increase the Number of Projects Eligible for Affordable Housing Exemptions. While AB 785 dramatically expands on the LA-specific CEQA exemption in AB 1197, it is difficult to determine whether it would expand beyond exemptions that are currently in law. As noted in the background, there are numerous existing CEQA exemptions for housing projects including affordable housing projects. Each exemption comes with its own set of eligibility criteria. AB 785 has criteria that overlaps with many of these exemptions, and seems to differ from existing affordable housing exemptions primarily in that it is specific to the Los Angeles area, requires projects to be funded through certain local, state and federal funding, and has a different definition of project size compared to existing law. Given the overlapping eligibility criteria with existing law, it is not clear how many more projects will be eligible for CEQA exemptions under this bill that are not eligible under existing law.
While the exemption in AB 785 only applies to the Los Angeles area, rather than the full state, it could still have a significant impact given the size of Los Angeles and the area’s disproportionate number of CEQA-reviewed projects. Nearly 13 percent of the Draft EIRs and 80 percent of the Final EIRs in California in 2019 were conducted in the City of Los Angeles, even though it represents only 10 percent of the State’s population. Expanding a CEQA exemption to include affordable housing in Los Angeles could represent a large proportion of Affordable Housing projects in the State.
- Labor Standards: High Road or Too High Bar? Recent floor amendments add a provision making “high road” labor standards that were established in AB 2011 (Wicks, 2022) a criteria for eligibility for the CEQA exemption provided in the bill. This labor standard includes specific prevailing wage labor criteria. These prevailing wage criteria were also adopted in AB 1449 (Alvarez, 2023), which creates another CEQA exemption for affordable housing projects.
The amendments to require PLAs for projects with 40 or more units is more controversial. A PLA specifies rules concerning hiring, worker ratios by union status and experience, strikes and work stoppages, grievance and arbitration procedures, and targeted hiring provisions for local and disadvantaged workers. Critics say PLAs directly increase costs by disincentivizing bidding on projects and reducing contractor flexibility. A study by the RAND corporation on a $1.2 billion bond in Los Angeles earmarked for building 10,000 units of affordable housing found that having a PLA added approximately $43,000 per housing unit to projects covered by the agreement — a 14.5% increase in construction costs. As a result of the increased costs from PLAs, fewer affordable housing units will be built with the same dollars.
Related/Prior Legislation
AB 2011 (Wicks, Chapter 647, Statutes of 2022) established a ministerial approval process, not subject to CEQA, for multifamily affordable housing projects in commercial zones, as long as those projects meet specified objective environmental, affordability and labor standards. The labor standards in AB 2011 are the same as that are in this bill.
AB 83 (Committee on Budget, Chapter 15, Statutes of 2020.) established a statutory exemption from the CEQA for activities funded by Project Homekey.
AB 1197 (Santiago, Chapter 340, Statutes of 2019) established a CEQA exemption for emergency shelters and supportive housing projects approved or carried out by the City of Los Angeles and other local public agencies, which sunsets January 1, 2025.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
SUPPORT: (Verified 9/8/23)
California Housing Partnership Corporation
California YIMBY
County of Los Angeles Board of Supervisors
East LA Community Corportation
Inner City Law Center
LA Family Housing
Los Angeles Homeless Services Authority
Los Angeles Unified School District
Southern California Association of Governments
Southern California Association of Non-Profit Housing
The People Concern
OPPOSITION: (Verified 9/8/23)
None received
ASSEMBLY FLOOR: 74-0, 5/18/23
AYES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Chen, Connolly, Megan Dahle, Davies, Dixon, Essayli, Flora, Mike Fong, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, Mathis, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Wallis, Ward, Weber, Wicks, Wood, Zbur, Rendon
NO VOTE RECORDED: Cervantes, Vince Fong, Friedman, Villapudua, Waldron, Wilson
Prepared by: Brynn Cook / E.Q. / (916) 651-4108
9/11/23 12:23:49
**** END ****
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB 785 |
THIRD READING
Bill No: AB 785
Author: Santiago (D)
Amended: 7/12/23 in Senate
Vote: 21
SENATE ENVIRONMENTAL QUALITY COMMITTEE: 7-0, 6/21/23
AYES: Allen, Dahle, Gonzalez, Hurtado, Menjivar, Nguyen, Skinner
SENATE HOUSING COMMITTEE: 11-0, 7/10/23
AYES: Wiener, Ochoa Bogh, Blakespear, Caballero, Cortese, McGuire, Padilla, Seyarto, Skinner, Umberg, Wahab
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
ASSEMBLY FLOOR: 74-0, 5/18/23 (Consent) - See last page for vote
SUBJECT: California Environmental Quality Act: exemption: City of Los Angeles: County of Los Angeles: affordable housing and transitional housing
SOURCE: Author
DIGEST:
This bill creates exemptions to the California Environmental Quality Act (CEQA) for low-barrier navigation centers, supportive housing, transitional housing for youth and young adults, and affordable housing projects, and actions leading up to the deployment of these project undertaken by the City and County of Los Angeles in specified areas until Jan 1, 2030. This replaces existing law that had granted CEQA exemptions for supportive and emergency shelters in Los Angeles until Jan 1, 2025.
ANALYSIS:
Existing law:
- Provides, under CEQA, that a lead agency determines whether a project is exempt from CEQA, or if it must do an initial study to determine if a project will have significant effects on the environment. If a project has no effect on the environment or if it has effects that can be mitigated, the lead agency prepares a negative declaration or mitigated negative declaration. If the project will have significant impacts, the lead agency prepares an environmental impact report (EIR) to evaluate and propose mitigation measures for any effects on the environment, including impacts or likely impacts to land, air, water, minerals, flora, fauna, ambient noise, and historic or aesthetic significance. (Public Resources Code (PRC) §§21000 et seq.)
- Creates numerous exemptions for residential projects, including:
- Small residential housing projects with low environmental impact that are for affordable agriculture, affordable urban, or urban infill housing projects. (PRC § 21159.20-21159.24)
- Mixed-use, and "employment center" projects located within "transit priority areas," if the project is consistent with an adopted specific plan or other planning document that aligns transportation and housing elements to reduce greenhouse gas emissions. (PRC § 21155.4)
- Multi-family residential and mixed-use housing projects on infill sites within cities and unincorporated areas that are within urbanized areas or urban clusters. (PRC § 21159.25)
- Creates an exemption in CEQA for infill development projects that are
consistent with a general plan and zoning, are substantially surrounded by urban uses and do not impinge on habitat or result in any significant effects relating to traffic, noise, air quality, or water quality, and can be adequately served by utilities and public services. (CEQA Guidelines §15332)
- Establishes a ministerial approval process (i.e., not subject to CEQA) for certain multifamily affordable housing projects in local jurisdictions that have not met regional housing needs. Eligibility is contingent on labor standards and site specifics. (Government Code § 65913.4)
- Establishes a ministerial approval process for affordable housing projects in commercial zones. Requires eligible projects to pay prevailing wage to construction workers and requires projects of 50 units or more to participate in an apprenticeship program and make specified healthcare contributions for construction workers. (GC § 65912.100)
- Creates a statutory CEQA exemption for emergency shelters and supportive housing projects approved or carried out within the City of Los Angeles by the City of Los Angeles and by other local eligible public agencies, which sunsets Jan 1, 2025. (PRC § 21080.27)
This bill:
- Creates a CEQA exemption for projects by the City of Los Angeles and County of Los Angeles for affordable housing projects and transitional housing for youth and young adults. This exemption applies to the issuance of an entitlement, rezoning, specific plan amendments, or general plan amendments required specifically and exclusively to allow the construction of one of the projects eligible for this CEQA exemption in an eligible location.
- Updates an existing CEQA exemption for supportive housing and emergency shelter projects conducted by a public agency in the City of Los Angeles, due to sunset Jan 1, 2025, to instead pertain to supportive housing and low barrier navigation centers, and extends the sunset on these provisions until Jan 1, 2030.
- Provides that these CEQA exemptions apply to projects by local public agencies in unincorporated areas of Los Angeles County and parcels owned by the County of Los Angeles within the City of Los Angeles.
- Defines eligible affordable housing projects as ones that meet the following criteria:
- At least 80% of the units are for lower income households and the remaining 20% must be for moderate or lower income households;
- Projects are funded, in whole or by part, by one of 14 specified state, county, or city funding sources; and,
- The site is in an urbanized area and is not located on a culturally significant, environmentally important, sensitive or hazardous site.
- Defines eligible housing projects for youth and young adults as rentals of no more than six months duration meeting the criteria defined in Section 65582 of the Government Code, and funded in whole or in part by one of five specified state, county, or city funding sources.
- Defines low barrier navigation center as defined in Section 65660 of the Government Code and that is funded in whole or in part by one eight specified state, county, or city funding sources.
Background
- The A, B, C’s of CEQA. CEQA is designed to:
- Make government agencies and the public aware of the environmental impacts of a proposed project;
- Ensure the public can take part in the review process; and,
- Identify and implement measures to mitigate or eliminate any negative impact the project may have on the environment.
CEQA is enforced by civil lawsuits that can challenge any project’s environmental review. Nonprofits, private individuals, public agencies, advocacy groups, and other organizations can all file lawsuits under CEQA.
- CEQA exemptions. A project is exempt from CEQA if it is ministerial (i.e., it does not involve discretionary decisions), or if there is a specific statutory or categorical exemption that applies to the project. Statutory exemptions are created by the Legislature and apply even if a project has the potential to significantly affect the environment. In contrast, categorical exemptions, which are listed in the CEQA guidelines, generally do not apply if there are significant environmental impacts associated with the project, including if:
- There is a reasonable possibility of a significant effect on the environment due to unusual circumstances;
- significant cumulative impacts from projects of the same type will result; or,
- The project will have impacts on a uniquely sensitive environment.
- Numerous CEQA Exemptions Apply to Affordable Housing. Recent legislation (SB 35 (Wiener, Chapter 366, Statutes of 2017) and AB 2011 (Wicks, Chapter 647, Statutes of 2022)) has established ministerial approval processes for affordable housing projects, in which CEQA review is waived for housing projects that meet high labor requirements and are located outside of specified sensitive sites.
In addition to ministerial processes, there are over a dozen CEQA exemptions for housing projects, including:
- Affordable housing projects;
- Residential projects;
- Urban resident or mixed-use housing projects in unincorporated counties;
- transit-priority and residential projects; and,
- Residential, movement center, or mixed-use development project in a transit priority area.
Affordable housing, as a subset of housing, could be eligible for any of these exemptions so long as the project meets the specific criteria for a given exemption. There are also categorical and statutory exemptions specifically for affordable housing. These exemptions come with their own eligibility criteria, including that projects meet certain urban density and size requirements, avoid impacts on sensitive habitat, wildlife, and the environment, and are not on sensitive sites.
- Housing Crisis in Los Angeles. Los Angeles is suffering from a housing crisis. In December 2022, the City of Los Angeles declared a state of emergency on homelessness. A month later, the County of Los Angeles followed suit. The Southern California Association of Governments has determined that governments within Los Angeles County need to plan for 341,000 additional affordable to lower-income homes by 2029. However, if current production rates continue, just 25,000 of these units would be created in that time. At last count, there were nearly 42,000 people experiencing homelessness in the City of Los Angeles, and over 66,000 people experiencing homelessness in the County.
Comments
- Purpose of Bill. According to the author, “It’s taking way too long to build homeless and affordable housing. While the City and County of Los Angeles have declared a state of emergencies on homelessness, it is imperative we speed up the construction of desperately needed housing. AB 785 responds to the homeless crisis in Los Angeles by removing barriers that slow the construction of homeless housing. Specifically, the bill provides CEQA exemptions for publicly funded homeless and affordable housing projects in Los Angeles.”
- This Bill Drastically Expands AB 1197. This bill expands a fairly narrow CEQA exemption for emergency shelters and supportive housing by public agencies in Los Angeles (AB 1197 (Santiago, Chapter 340, Statutes of 2019)). This bill updates the CEQA exemptions in AB 1197 that had applied to “transitional housing projects,” which are generally no longer funded by federal and state programs, and instead creates an exemption for “transition housing projects for youth and young adults” and “low barrier navigation centers”. This bill extends the sunset date for these newly defined projects by five years until Jan 1, 2030. This bill also expands off of these existing CEQA exemptions to include transitional housing projects for youth and young adults and affordable housing projects in Los Angeles. This bill also expands the areas in which the exemptions could be applied to include unincorporated areas in Los Angeles County. This represents a dramatic expansion to AB 1197 and would provide a new tool that public agencies in Los Angeles could use to skip CEQA when building affordable housing projects.
3) This Bill Could Increase the Number of Projects Eligible for Affordable Housing Exemptions. While this bill dramatically expands on the LA-specific CEQA exemption in AB 1197, it is difficult to determine whether it would expand beyond exemptions that are currently in law. As noted in the background, there are numerous existing CEQA exemptions for housing projects including affordable housing projects. Each exemption comes with its own set of eligibility criteria. This bill has criteria that overlaps with many of these exemptions, and seems to differ from existing affordable housing exemptions primarily in that it is specific to the Los Angeles area, requires projects to be funded through certain local, state and federal funding, and has a different definition of project size compared to existing law. Given the overlapping eligibility criteria with existing law, it is not clear how many more projects will be eligible for CEQA exemptions under this bill that are not eligible under existing law.
While the exemption in this bill only applies to the Los Angeles area, rather than the full state, it could still have a significant impact given the size of Los Angeles and the area’s disproportionate number of CEQA-reviewed projects. Nearly 13 percent of the Draft EIRs and 80 percent of the Final EIRs in California in 2019 were conducted in the City of Los Angeles, even though it represents only 10 percent of the State’s population. Expanding a CEQA exemption to include affordable housing in Los Angeles could represent a large proportion of Affordable Housing projects in the State.
Related/Prior Legislation
AB 83 (Committee on Budget, Chapter 15, Statutes of 2020.) established a statutory exemption from CEQA for activities funded by Project Homekey.
AB 1197 (Santiago, Chapter 340, Statutes of 2019) established a CEQA exemption for emergency shelters and supportive housing projects approved or carried out by the City of Los Angeles and other local public agencies, which sunsets January 1, 2025.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
SUPPORT: (Verified 8/14/23)
California Housing Partnership Corporation
California YIMBY
County of Los Angeles Board of Supervisors
LA Family Housing
Los Angeles Homeless Services Authority
Los Angeles Unified School District
Southern California Association of Governments
Southern California Association of Non-profit Housing
The People Concern
OPPOSITION: (Verified 8/14/23)
None received
ASSEMBLY FLOOR: 74-0, 5/18/23
AYES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Chen, Connolly, Megan Dahle, Davies, Dixon, Essayli, Flora, Mike Fong, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, Mathis, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Wallis, Ward, Weber, Wicks, Wood, Zbur, Rendon
NO VOTE RECORDED: Cervantes, Vince Fong, Friedman, Villapudua, Waldron, Wilson
Prepared by: Brynn Cook / E.Q. / (916) 651-4108
8/16/23 14:45:39
**** END ****
SENATE COMMITTEE ON HOUSING
Senator Scott Wiener, Chair
2023 - 2024 Regular
Bill No: AB 785 Hearing Date: 7/10/2023
Author: | Santiago | ||
Version: | 5/1/2023 | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | Alison Hughes | ||
SUBJECT: California Environmental Quality Act: exemption: City of Los Angeles: County of Los Angeles: affordable housing and transitional housing
DIGEST: This bill extends exemptions to the California Environmental Quality Act (CEQA) related to activities to approve emergency shelters and permanent supportive housing projects until January 1, 2030, and adds CEQA exemptions to additional actions related to specified affordable housing and transitional housing projects.
ANALYSIS:
Existing law:
- Requires a local jurisdiction to give public notice of a hearing whenever a person applies for a zoning variance, special use permit, conditional use permit, zoning ordinance amendment, or general or specific plan amendment.
- Requires the board of zoning adjustment or zoning administrator to hear and decide applications for conditional uses or other permits when the zoning ordinance provides therefor and establishes criteria for determining those matters, and applications for variances from the terms of the zoning ordinance.
- Establishes CEQA, which generally requires state and local government agencies to inform decision makers and the public about the potential environmental impacts of proposed projects, and to reduce those impacts to the extent feasible. CEQA applies when a development project requires discretionary approval from a local government. (See “Comments” below for more information.)
- Provides for the following CEQA exemptions or housing streamlining:
- CEQA exemption for interim motel conversions. SB 450 (Umberg, Chapter 344, Statutes of 2020) exempted interim motel conversion projects from CEQA, until January 1, 2025, provided the project does not result in an expansion of more than 10% of the floor area of any individual living unit in the structure or does not result in any significant effects relating to traffic, noise, air quality, or water quality. “Interim motel housing project” is defined as conversion of a motel, hotel, residential hotel, or hostel into supportive or transitional housing.
- CEQA exemption for Project Homekey projects. AB 83 (Committee on Budget, Chapter 15, Statutes of 2020) included, among other provisions, an exemption from CEQA requirements, until July 1, 2021, for Project Homekey projects if certain requirements are met. Project Homekey is an initiative to purchase and rehabilitate housing, including hotels, motels, vacant apartment buildings, and other types of innovating housing, and convert them into permanent, long-term housing for people experiencing or at risk of homelessness.
- Streamlining for homeless shelters. AB 101 (Committee on Budget, Chapter 159, Statutes of 2019), among other provisions, defined low-barrier navigation centers as high-quality, low-barrier service-enriched shelters focused on moving people into permanent housing while connecting them with services. AB 101 required, until January 1, 2027, low-barrier navigation centers to be a use by right in areas zoned for mixed uses and non-residential zones permitting multifamily uses if the development meets certain requirements.
- Streamlining for permanent supportive housing. AB 2162 (Chiu, Chapter 753, Statutes of 2018) streamlined affordable housing projects that include supportive housing and onsite supportive services, by providing that supportive housing shall be a use by right in all zones where multifamily and mixed uses are allowed.
- Streamlined ministerial approval for certain housing projects. SB 35 (Wiener, Chapter 366, Statutes of 2017) established a ministerial approval process, not subject to CEQA, for certain multifamily affordable housing projects proposed in local jurisdictions that have not met their RHNA allocation.
- CEQA exemption for activities carried out in furtherance of shelters and permanent supportive housing in Los Angeles. Emergency shelters and supportive housing projects approved or carried out within the City of Los Angeles by City of Los Angeles and specified public agencies are exempt from CEQA, until January 1, 2025 when undertaking the following actions:
- Lease, convey, or encumber land for an affordable housing project, an emergency shelter, a supportive housing project, or a transitional housing project.
- Facilitate the lease, conveyance, or encumbrance of land owned or to be purchased for an affordable housing project, an emergency shelter, a supportive housing project, or a transitional housing project.
- Provide financial assistance in furtherance of implementing an affordable housing project, an emergency shelter, a supportive housing project, or a transitional housing project.
This bill:
- Defines “affordable housing” as a project with 100% of the units in the development, sold or rented to lower income households, except that up to 20% of the units in the development may be for moderate-income households and that meet the following requirements:
- The site is located in an urbanized area or cluster;
- If the project is located on a vacant site, the site does not contain tribal cultural resources that were found pursuant to a specified tribal consultation process;
- The project is not on any specified environmentally sensitive sites.
- Expands the activities exempt from CEQA by the city and county of Los Angeles in furtherance of affordable housing projects and transitional housing projects, in addition to emergency shelter and permanent supportive housing, to include:
- The issuance of an entitlement;
- Rezoning, specific plan amendments, or general plan amendments required specifically and exclusively to allow the construction of an affordable housing project, an emergency shelter, a supportive housing project, or a transitional housing project.
- Extends the sunset to January 1, 2030.
COMMENTS:
- Author’s statement. “It’s taking way too long to build homeless and affordable housing. While the City and County of Los Angeles have declared state of emergencies on homelessness, it is imperative we speed up the construction of desperately needed housing. AB 785 responds to the homeless crisis in Los Angeles by removing barriers that slow the construction of homeless housing. Specifically, the bill provides CEQA exemptions for publicly funded homeless and affordable housing projects in Los Angeles.”
- The Housing Crisis in Los Angeles. Like most of California, the County of Los Angeles and the City of Los Angeles have acute housing crises. In the County, over half of renters – more than 1 million households – are rent-burdened, meaning they pay over 30% of their income towards rent. At last count, there were over 66,000 homeless persons in the County. In 2019, the City of Los Angeles had a higher percentage of cost-burdened renter households than any other major American city, at nearly 60%. Over one-quarter of residents are severely cost-burdened, contributing to the homelessness emergency in the City. At last count, there were nearly 42,000 homeless persons in the City.
A major cause of the housing crisis is the mismatch between the supply and demand of affordable housing. Through the Regional Housing Needs Assessment process, the Southern California Association of Governments has determined that the governments within Los Angeles County need to plan for 341,000 homes by 2029 that are affordable to lower income households. However, if current production rates continue, within the County just 25,000 of these units would be created in the next eight years.
To help address this crisis, in December 2022 the City of Los Angeles declared a state of emergency related to homelessness. The County of Los Angeles made the same declaration one month later. Both declarations direct the local jurisdictions to expedite the production of emergency shelters and affordable housing, and create specified powers for doing so.
- CEQA, exemptions, and ministerial approvals. CEQA applies when a development project requires discretionary approval from a local government agency. When a local agency has the discretion to approve a project, its CEQA evaluation begins with deciding whether an activity qualifies as a project subject to CEQA review. If an activity is deemed a “project,” the agency decides whether it is exempt from compliance with CEQA under either a statutory or a categorical exemption. Statutory exemptions are activities the Legislature has excluded from CEQA despite potential environmental impacts. If a project is statutorily exempt, it can be implemented without a CEQA evaluation.
In addition to statutory exemptions, the Legislature specifically directed the Secretary of the California Natural Resources Agency to designate categorical exemptions from CEQA. Categorical exemptions include projects that the Secretary deems do not have a significant impact on the environment. The CEQA Guidelines, found in Title 14 of the California Code of Regulations, set forth more than two dozen categorical exemptions covering a wide range of projects, from minor alterations of existing facilities to construction of certain types of buildings. As with statutory exemptions, if the project is categorically exempt, no formal evaluation is required, and the project can be implemented without a CEQA evaluation.
In recognition of this issue, the state has created multiple statutory and regulatory exemptions from CEQA for residential projects, including ones specific for affordable housing. However, housing developers report that many of these exemptions include subjective provisions that make them easy to challenge, and thus difficult to utilize. Because of these difficulties, affordable housing projects are increasingly utilizing ministerial approval processes – which bypass CEQA – provided by SB 35 (Wiener, Chapter 366, Statutes of 2017) and AB 2162 (Chiu, Chapter 753, Statutes of 2018).
- CEQA exemption for housing in LA. AB 1197 (Santiago, Chapter 340, Statutes of 2019), established a CEQA exemption for emergency shelters and supportive housing projects approved or carried out within the City of Los Angeles by the City of Los Angeles or specified public agencies. The provisions of AB 1197 will sunset on January 1, 2025.
This bill would expand the CEQA exemptions in Los Angeles City and County to additional actions taken in furtherance of providing housing options for people experiencing homelessness. In addition, the CEQA exemptions apply to specified affordable housing and transitional housing projects. Lastly, this bill extends the existing CEQA exemptions until January 1, 2030.
- Removing outdated references. The bill expands CEQA exemptions for “transitional housing projects,” which are generally no longer funded by federal and state programs. The committee may wish to consider narrowing the focus of the CEQA exemption for transitional housing to projects serving transition-aged youth, or instead include a CEQA exemption for low barrier navigation centers, or both.
- Author’s amendments. The author is proposing to make several technical changes to the bill. Due to time constraints, the committee may wish to consider adopting these author’s amendments as committee amendments.
- Here, there, and everywhere. This bill was heard in the Environmental Quality Committee on June 21, 2023 and passed out on a 7-0 vote.
Related Legislation:
AB 1197 (Santiago, Chapter 340, Statutes of 2019) — exempted from the CEQA, until January 1, 2025, the following: (1) actions taken by eligible public agencies to lease, convey, or encumber land owned by that agency, or to facilitate that lease, conveyance, or encumbrance, and actions taken by an eligible public agency in furtherance of providing emergency shelters or supportive housing in the City of Los Angeles, (2) activities approved or carried out by the City of Los Angeles in furtherance of either certain supportive housing projects or emergency shelters funded by certain sources during a declared shelter crisis, and (3) the adoption of specified City of Los Angeles Ordinances relating to qualified supportive housing and qualified permanent supportive housing.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
POSITIONS: (Communicated to the committee before noon on Wednesday,
July 5, 2023.)
SUPPORT:
Mayor Karen Bass, City of Los Angeles (Sponsor)
California Housing Partnership Corporation
California YIMBY
County of Los Angeles
LA Family Housing
Los Angeles Homeless Services Authority
Los Angeles Unified School District
Southern California Association of Governments (SCAG)
Southern California Association of Non-profit Housing (SCANPH)
The People Concern
OPPOSITION:
None received.
-- END --
SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
Senator Allen, Chair
2023 - 2024 Regular
Bill No: AB 785
Author: | Santiago | ||
Version: | 5/1/2023 | Hearing Date: | 6/21/2023 |
Urgency: | No | Fiscal: | Yes |
Consultant: | Brynn Cook | ||
SUBJECT: California Environmental Quality Act: exemption: City of Los Angeles: County of Los Angeles: affordable housing and transitional housing
DIGEST: This bill creates a new exemption to the California Environmental Quality Act (CEQA) for affordable and transitional housing projects in the City and unincorporated parts of the County of Los Angeles until Jan 1, 2030. It extends an existing CEQA exemption for supportive housing and emergency shelters in Los Angeles until Jan 1, 2030, and expands these exemptions to unincorporated areas of the County of Los Angeles.
ANALYSIS:
Existing law:
- Under CEQA, a lead agency determines whether a project is exempt from CEQA, or if it must do an initial study to determine if a project will have significant effects on the environment. If a project has no effect on the environment or if it has effects that can be mitigated, the lead agency prepares a negative declaration (ND) or mitigated negative declaration (MND). If the project will have significant impacts, the lead agency prepares an environmental impact report (EIR) to evaluate and propose mitigation measures for any effects on the environment, including impacts or likely impacts to land, air, water, minerals, flora, fauna, ambient noise, and historic or aesthetic significance. (Public Resources Code (PRC) §§21000 et seq.)
- Creates numerous exemptions for residential projects, including:
- Small residential housing projects with low environmental impact that are for affordable agriculture, affordable urban, or urban infill housing projects. (PRC § 21159.20-21159.24)
- Mixed-use, and "employment center" projects located within "transit priority areas," if the project is consistent with an adopted specific plan or other planning document that aligns transportation and housing elements to reduce greenhouse gas emissions. (PRC § 21155.4)
- Multi-family residential and mixed-use housing projects on infill sites within cities and unincorporated areas that are within urbanized areas or urban clusters. (PRC § 21159.25)
- Creates an exemption in CEQA for infill development projects that are
consistent with a general plan and zoning, are substantially surrounded by urban uses and do not impinge on habitat or result in any significant effects relating to traffic, noise, air quality, or water quality, and can be adequately served by utilities and public services. (CEQA Guidelines §15332)
- Establishes a ministerial approval process (i.e., not subject to CEQA) for certain multifamily affordable housing projects in local jurisdictions that have not met regional housing needs. Eligibility is contingent on labor standards and site specifics. (GC § 65913.4)
- Establishes a ministerial approval process for affordable housing projects in commercial zones. Requires eligible projects to pay prevailing wage to construction workers and requires projects of 50 units or more to participate in an apprenticeship program and make specified healthcare contributions for construction workers. (GC § 65912.100)
- Creates a statutory CEQA exemption for emergency shelters and supportive housing projects approved or carried out within the City of Los Angeles by the City of Los Angeles and by other local eligible public agencies, which sunsets Jan 1, 2025. (PRC § 21080.27)
This bill:
- Extends an existing CEQA exemption for supportive housing and emergency shelter projects conducted by a public agency in the city of Los Angeles from Jan 1, 2025 to Jan 1, 2030.
- Creates a new CEQA exemption for affordable and transitional housing projects undertaken by the City of Los Angeles that will sunset Jan 1, 2030.
- Expands these CEQA exemptions to projects by local public agencies in unincorporated areas of Los Angeles County.
- Defines eligible affordable housing projects as ones that meet the following criteria:
- At least 80% of the units are for lower income households and the remaining 20% must be for moderate or lower income households;
- Projects are funded, in whole or by part, by one of 14 specified State, County, or City funding sources; and
- The site is in an urbanized area and is not located on a culturally significant, environmentally important, sensitive or hazardous site.
- Defines eligible transitional housing as housing for an individual for no more than 6 months that is funded by specific state, county, or city funding sources.
Background
- The A, B, C’s of CEQA. CEQA is designed to (a) make government agencies and the public aware of the environmental impacts of a proposed project, (b) ensure the public can take part in the review process, and (c) identify and implement measures to mitigate or eliminate any negative impact the project may have on the environment. CEQA is enforced by civil lawsuits that can challenge any project’s environmental review. Nonprofits, private individuals, public agencies, advocacy groups, and other organizations can all file lawsuits under CEQA.
- CEQA exemptions. A project is exempt from CEQA if it is ministerial (i.e., it does not involve discretionary decisions), or if there is a specific statutory or categorical exemption that applies to the project. Statutory exemptions are created by the Legislature and apply even if a project has the potential to significantly affect the environment. In contrast, categorical exemptions, which are listed in the CEQA guidelines, generally do not apply if there are significant environmental impacts associated with the project, including if (1) there is a reasonable possibility of a significant effect on the environment due to unusual circumstances; (2) significant cumulative impacts from projects of the same type will result; or (3) the project will have impacts on a uniquely sensitive environment.
- Numerous CEQA Exemptions Apply to Affordable Housing. Recent legislation (SB 35, Wiener, 2017 and AB 2011 Wicks, 2022) has established ministerial approval processes for affordable housing projects, in which CEQA review is waived for housing projects that meet high labor requirements and are located outside of specified sensitive sites.
In addition to ministerial processes, there are over a dozen CEQA exemptions for housing projects, including:
- Affordable housing projects;
- Residential projects;
- Urban resident or mixed-use housing projects in unincorporated counties;
- transit-priority and residential projects; and
- Residential, movement center, or mixed-use development project in a transit priority area.
Affordable housing, as a subset of housing, could be eligible for any of these exemptions so long as the project meets the specific criteria for a given exemption. There are also categorical and statutory exemptions specifically for affordable housing. These exemptions come with their own eligibility criteria, including that projects meet certain urban density and size requirements, avoid impacts on sensitive habitat, wildlife, and the environment, and are not on sensitive sites.
- Housing Crisis in Los Angeles. Los Angeles is suffering from a housing crisis. In December 2022, the City of Los Angeles declared a state of emergency on homelessness. A month later, the County of Los Angeles followed suit. The Southern California Association of Governments has determined that governments within Los Angeles County need to plan for 341,000 additional affordable to lower-income homes by 2029. However, if current production rates continue, just 25,000 of these units would be created in that time. At last count, there were nearly 42,000 people experiencing homelessness in the City of Los Angeles, and over 66,000 people experiencing homelessness in the County.
Comments
- Purpose of Bill. According to the author, “It’s taking way too long to build homeless and affordable housing. While the City and County of Los Angeles have declared a state of emergencies on homelessness, it is imperative we speed up the construction of desperately needed housing. AB 785 responds to the homeless crisis in Los Angeles by removing barriers that slow the construction of homeless housing. Specifically, the bill provides CEQA exemptions for publicly funded homeless and affordable housing projects in Los Angeles.”
- AB 785 Drastically Expands AB 1197. AB 785 expands a fairly narrow CEQA exemption for emergency shelters and supportive housing by public agencies in Los Angeles (AB 1197, Santiago, Chapter 340, Statutes of 2019). AB 785 not only extends the sunset date in AB 1197 by five years, but it also expands the exemption to include transitional and affordable housing projects in Los Angeles. The bill also expands the areas in which the exemptions could be applied to include unincorporated areas in Los Angeles County. This represents a dramatic expansion to AB 1197 and would provide a new tool that public agencies in Los Angeles could use to skip CEQA when building affordable housing projects.
3) AB 785 Could Increase the Number of Projects Eligible for Affordable Housing Exemptions. While AB 785 dramatically expands on the LA-specific CEQA exemption in AB 1197, it is difficult to determine whether it would expand beyond exemptions are currently in law. As noted in the background, there are numerous existing CEQA exemptions for housing projects including affordable housing projects. Each exemption comes with its own set of eligibility criteria. AB 785 has criteria that overlaps with many of these exemptions, and seems to differ from existing affordable housing exemptions primarily in that it is specific to the Los Angeles area, requires projects to be funded through certain local, state and federal funding, and has a different definition of project size compared to existing law. Given the overlapping eligibility criteria with existing law, it is not clear how many more projects will be eligible for CEQA exemptions under this bill that are not eligible under existing law.
While the exemption in AB 785 only applies to the Los Angeles area, rather than the full state, it could still have a significant impact given the size of Los Angeles and the area’s disproportionate number of CEQA-reviewed projects. Nearly 13 percent of the Draft EIRs and 80 percent of the Final EIRs in California in 2019 were conducted in the City of Los Angeles, even though the it represents only 10 percent of the State’s population. Expanding a CEQA exemption to include affordable housing in Los Angeles could represent a large proportion of Affordable Housing projects in the State.
DOUBLE REFERRAL:
If this measure is approved by the Senate Environmental Quality Committee, the do pass motion must include the action to re-refer the bill to the Senate Housing Committee.
Related/Prior Legislation
AB 83 (2020 budget bill, Chapter 15, Statutes of 2020.) established a statutory exemption from the California Environmental Quality Act (CEQA) for activities funded by Project Homekey.
AB 1197 (Santiago, Chapter 340, Statutes of 2019) established a CEQA exemption for emergency shelters and supportive housing projects approved or carried out by the City of Los Angeles and other local public agencies, which sunsets January 1, 2025.
SOURCE:
Office of Los Angeles Mayor Karen Bass
SUPPORT:
California Housing Partnership Corporation
California Yimby
LA Family Housing
Los Angeles Homeless Services Authority
Los Angeles Unified School District
The People Concern
OPPOSITION:
None received
-- END --
Date of Hearing: May 10, 2023
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Chris Holden, Chair
ABPCA Bill Id:AB 785
Author:(Santiago) – As Amended Ver:May 1, 2023
Policy Committee: | Natural Resources | Vote: | 9 - 0 |
Housing and Community Development | 8 - 0 | ||
|
|
Urgency: No State Mandated Local Program: Yes Reimbursable: No
SUMMARY:
This bill exempts from the California Environmental Quality Act (CEQA), until January 1, 2030, specified activities related to the planning, funding, and development of affordable housing, emergency shelters, supportive housing, or transitional housing, as defined, by the City of Los Angeles (LA) within the City of LA, by the County of LA within the unincorporated areas of the County of LA, and by an eligible public agency in the City of LA or within the unincorporated areas of the County of LA. This bill also extends the sunset, until January 1, 2030, on an existing CEQA exemption for the City of LA and eligible public agencies to help provide emergency shelters and supportive housing in the City of LA.
FISCAL EFFECT:
Negligible state costs.
COMMENTS:
1) Purpose. According to the author:
It’s taking way too long to build homeless and affordable housing. While the City and County of Los Angeles have declared state of emergencies on homelessness, it is imperative we speed up the construction of desperately needed housing. AB 785 responds to the homeless crisis in Los Angeles by removing barriers that slow the construction of homeless housing. Specifically, the bill provides CEQA exemptions for publicly funded homeless and affordable housing projects in Los Angeles.
2) Background. CEQA provides a process for evaluating the environmental effects of applicable projects undertaken or approved by public agencies. If a project is not exempt from CEQA, the lead agency prepares an initial study to determine whether the project may have a significant effect on the environment. If the initial study shows the project would not have a significant effect on the environment, the lead agency must prepare a negative declaration. If the initial study shows the project may have a significant effect, the lead agency must prepare an Environmental Impact Report (EIR).
Generally, an EIR must accurately describe the proposed project, identify and analyze each significant environmental impact expected to result from the proposed project, identify mitigation measures to reduce those impacts to the extent feasible, and evaluate a range of reasonable alternatives to the proposed project. Prior to approving any project that has received environmental review, an agency must make certain findings. If mitigation measures are required or incorporated into a project, the agency must adopt a reporting or monitoring program to ensure compliance with those measures.
Like most of California, the County of LA and the City of LA have acute housing crises. According to the Assembly Housing and Community Development Committee analysis of this bill, in the county, over half of renters – more than 1 million households – are rent-burdened, meaning they pay over 30% of their income towards rent. At last count, there were over 66,000 homeless persons in the county. In 2019, the city had a higher percentage of cost-burdened renter households than any other major American city, at nearly 60%. Over one-quarter of city residents are severely cost-burdened, contributing to the homelessness emergency in the city. At last count, there were nearly 42,000 homeless persons in the city. A major cause of the housing crisis is the mismatch between the supply and demand of affordable housing. To help address this crisis, in December 2022 the city declared a state of emergency related to homelessness. The county made the same declaration one month later. Both declarations direct the local jurisdictions to expedite the production of emergency shelters and affordable housing, and create specified powers for doing so.
There are at least 14 distinct CEQA exemptions for housing projects. The majority of residential projects are approved via exemption or negative declaration under CEQA, or through ministerial permits where local discretionary review, including CEQA, is replaced with construction labor requirements and exclusion of specified sensitive sites. A few CEQA exemptions are specific to projects that include affordable housing, while the rest are available to affordable and market-rate housing projects alike. However, housing developers report that many of these exemptions include subjective provisions that make them easy to challenge and, thus, difficult to utilize.
AB 1197 (Santiago), Chapter 340, Statutes of 2019, established a CEQA exemption for emergency shelters and supportive housing projects approved or carried out within the City of LA by the City of LA or specified public agencies. The provisions of AB 1197 will sunset on January 1, 2025. This bill extends this sunset and expands the scope of AB 1197’s exemptions to, among other things, include affordable housing and transitional housing.
Analysis Prepared by: Nikita Koraddi / APPR. / (916) 319-2081
Date of Hearing: April 26, 2023
ASSEMBLY COMMITTEE ON HOUSING AND COMMUNITY DEVELOPMENT
Buffy Wicks, Chair
ABPCA Bill Id:AB 785 (
Author:Santiago) – As Amended Ver:April 20, 2023
SUBJECT: California Environmental Quality Act: exemption: City of Los Angeles: County of Los Angeles: affordable housing and transitional housing
SUMMARY: Exempts from the California Environmental Quality Act (CEQA), until 2030, actions taken in furtherance of providing affordable housing, emergency shelters, supportive housing, or transitional housing in the City of Los Angeles and in unincorporated parts of the County of Los Angeles, and extends the sunset by five years for the existing CEQA exemption for the City of Los Angeles and eligible public agencies to help provide emergency shelters and supportive housing in the City of Los Angeles. Specifically, this bill:
- Extends by five years, until January 1, 2030, the existing CEQA exemption for actions taken by the City of Los Angeles and eligible public agencies in furtherance of providing emergency shelters and supportive housing within the City of Los Angeles.
- Exempts from CEQA, until January 1, 2030, the following actions:
- Any activity approved or carried out by the City of Los Angeles and eligible public agencies in furtherance of providing affordable housing or transitional housing within the City of Los Angeles; and
- Any activity approved or carried out by the County of Los Angeles and eligible public agencies in furtherance of providing affordable housing, emergency shelters, supportive housing, or transitional housing within the unincorporated areas of the County of Los Angeles.
- Specifies that the exemptions in 1) and 2) do not apply to either of the following:
- A development project that may include affordable housing, emergency shelters, supportive housing, or transitional housing, as a component of a larger project; or
- The adoption of a general plan or community plan that includes planning for affordable housing, emergency shelters, supportive housing, or transitional housing.
- Defines “affordable housing” as a housing development project that meets all of the following conditions:
- One-hundred percent of all units in the development, exclusive of a manager’s unit or units, must be sold or rented to lower income households, except that up to 20 percent of the units in the development may be for moderate-income households;
- The project is funded, in whole or by part, by one or more of 14 specified statewide, countywide, or citywide funding programs;
- The project site is located in an urbanized area or urban cluster, as designated by the United States Census Bureau;
- If the project is located on a vacant site, the site does not contain tribal cultural resources that could be affected by the development and the effects of which cannot be mitigated, as specified;
- The site is not located within a very high fire hazard severity zone; and
- The site is not located within an environmentally sensitive or hazardous area, as specified.
- Defines “transitional housing” as buildings configured as rental housing developments, but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient, and that is funded, in whole or by part, by one or more of five specified statewide, countywide, or citywide funding programs.
- Revises the definition of “emergency shelter” as follows:
- Eliminates the requirement that emergency shelters, to benefit from the CEQA exemption specified in 1) and 2), be located in either a mixed-use or nonresidential zone permitting multifamily uses or on an infill site; and
- Removes one program and adds four programs to the list of funding programs that are required to fund the emergency shelter for the CEQA exemption specified in 1) and 2) to apply.
- Amends the definition of “supportive housing” by adding nine programs to the list of funding programs that are required to fund the emergency shelter for the CEQA exemption specified in 1) and 2) to apply.
- Adds the Los Angeles County Development Authority to the list of eligible public agencies.
- Specifies that this law will remain in effect until January 1, 2030.
EXISTING LAW:
- Establishes CEQA, which requires lead agencies with the principal responsibility for carrying out or approving an action to prepare a negative declaration, mitigated negative declaration, or environmental impact report (EIR) for this action, unless the project is exempt from CEQA. (Public Resources Code (PRC) Section 21000, et seq.)
- Provides statutory exemptions from CEQA, including:
- Residential development projects that are consistent with a specific plan for which an EIR has been certified, as specified. (Government Code (GC) Section 65457)
- Affordable agricultural housing projects, urban affordable housing projects, and urban infill projects near transit, as specified. (PRC 21159.20-21159.24)
- Residential, mixed-use, and employment center projects, as defined, located within transit priority areas, as defined, if the project is consistent with an adopted specific plan and specified elements of a region’s Sustainable Community Strategy. (PRC 21155.4)
- Multi-family residential and mixed-use housing projects on infill sites within cities and unincorporated areas that are within the boundaries of an urbanized area or urban cluster. (PRC 21159.25)
- Emergency shelters and supportive housing projects approved or carried out within the City of Los Angeles by City of Los Angeles and by the following “eligible public agencies:”
- The County of Los Angeles;
- The Los Angeles Unified School District;
- The Los Angeles County Metropolitan Transportation Authority;
- The Housing Authority of the City of Los Angeles;
- The Los Angeles Homeless Services Authority;
- The Los Angeles Community College District;
- The successor agency for the former Community Redevelopment Agency of the City of Los Angeles;
- The Department of Transportation; and
- The Department of Parks and Recreation. (PRC 21080.27)
- Provides regulatory exemptions from CEQA for infill development projects, as follows:
- The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations;
- The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses;
- The project site has no value as habitat for endangered, rare, or threatened species;
- Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality; and,
- The site can be adequately served by all required utilities and public services. (CEQA Guidelines 15332)
- Establishes a ministerial approval process, not subject to CEQA, for zoning-compliant multifamily housing projects that are proposed in local jurisdictions that have not met regional housing needs, as long as those projects meet specified objective environmental, affordability and labor standards. (GC 65913.4)
- Establishes a ministerial approval process, not subject to CEQA, for multifamily affordable housing projects in commercial zones, as long as those projects meet specified objective environmental, affordability and labor standards. (GC 65912.100 et seq.)
FISCAL EFFECT: Unknown.
COMMENTS:
Author’s Statement: According to the author, “It’s taking way too long to build homeless and affordable housing. While the City and County of Los Angeles have declared state of emergencies on homelessness, it is imperative we speed up the construction of desperately needed housing. AB 785 responds to the homeless crisis in Los Angeles by removing barriers that slow the construction of homeless housing. Specifically, the bill provides CEQA exemptions for publicly funded homeless and affordable housing projects in Los Angeles.”
The Housing Crisis in Los Angeles: Like most of California, the County of Los Angeles and the City of Los Angeles have acute housing crises. In the County, over half of renters – more than 1 million households – are rent-burdened, meaning they pay over 30 percent of their income towards rent. At last count, there were over 66,000 homeless persons in the County. In 2019, the City of Los Angeles had a higher percentage of cost-burdened renter households than any other major American city, at nearly 60 percent. Over one-quarter of residents are severely cost-burdened, contributing to the homelessness emergency in the City. At last count, there were nearly 42,000 homeless persons in the City.
A major cause of the housing crisis is the mismatch between the supply and demand of affordable housing. Through the Regional Housing Needs Assessment process, the Southern California Association of Governments has determined that the governments within Los Angeles County need to plan for 341,000 homes by 2029 that are affordable to lower income households. However, if current production rates continue, within the County just 25,000 of these units would be created in the next eight years.
To help address this crisis, in December 2022 the City of Los Angeles declared a state of emergency related to homelessness. The County of Los Angeles made the same declaration one month later. Both declarations direct the local jurisdictions to expedite the production of emergency shelters and affordable housing, and create specified powers for doing so.
CEQA and Housing: CEQA requires state and local government agencies to inform decision makers and the public about the potential environmental impacts of proposed changes to the physical environment, and to reduce those environmental impacts to the extent feasible. If a development project would make significant negative changes to the physical environment, and those impacts could not be mitigated, CEQA requires that the governmental entity approving the project to make findings that justify why the change is merited despite its environmental impact. CEQA provides multiple opportunities for public involvement, and enables members of the public to sue a governmental entity that they believe has not properly followed the process.
Over its 50-plus year history, CEQA has been California’s premier environmental law. However, CEQA has a complicated relationship with housing. CEQA is predicated on the notion that new development, including housing, is bad for the environment, even if the housing would be located in infill locations. It calls for careful deliberation of every environmental impact, and requires exhaustive analysis if there is a fair argument that a project might have a significant impact. It presumes that local governments and its citizens act in good faith, giving them procedural deference to deny or delay projects. The result is that opponents to housing projects are easily able to utilize CEQA to delay and potentially block these projects.
In recognition of this issue, the state has created multiple statutory and regulatory exemptions from CEQA for residential projects, including ones specific for affordable housing. However, housing developers report that many of these exemptions include subjective provisions that make them easy to challenge, and thus difficult to utilize. Because of these challenges, affordable housing projects are increasingly utilizing the ministerial approval process – not subject to CEQA – provided by SB 35 (Wiener), Chapter 366, Statutes of 2017.
A CEQA Exemption for Los Angeles: AB 1197 (Santiago), Chapter 340, Statutes of 2019, established a CEQA exemption for emergency shelters and supportive housing projects approved or carried out within the City of Los Angeles by the City of Los Angeles or specified public agencies. The provisions of AB 1197 will sunset on January 1, 2025.
This bill expands the scope of AB 1197’s exemptions in the following ways:
- Includes actions taken by County of Los Angeles within the unincorporated areas of the County of Los Angeles;
- Expands the applicability of exemptions undertaken by eligible local agencies to the unincorporated areas of the County of Los Angeles, and adds the Los Angeles County Development Authority to the list of such agencies;
- Expands the list of eligible funding sources that must fund in whole or by part emergency shelters or supportive housing for the existing CEQA exemption to apply;
- Includes actions taken in furtherance of providing affordable housing, which is defined as projects that meet the following criteria:
- All of the units in the development, exclusive of a manager’s unit or units, are sold or rented to lower income households, except that up to 20 percent of the units in the development may be for moderate-income households;
- Projects are funded, in whole or by part, by one of 14 specified State, County, or City funding sources; and
- The site meets specified locational criteria, including that it is in an urbanized area and that it is not located on an environmentally sensitive or hazardous site, as specified.
- Includes actions taken in furtherance of providing transitional housing, which is defined as projects that meet the following criteria:
- Configuration as rental housing developments, but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time, no less than six months from the beginning of the assistance; and
- Funding, in whole or in part, by one of five specified State, County, or City funding sources.
Finally, this bill specifies that a CEQA exemption does not apply to a larger project that may include or address affordable housing, emergency shelters, supportive housing, or transitional housing, as a component, but includes other uses. It also does not apply to the adoption of a general plan or community plan that includes planning for affordable housing, emergency shelters, supportive housing, or transitional housing.
Arguments in Support: Supporters of the bill argue that it will facilitate and expedite the provision of non-congregant emergency shelter and affordable housing for the most at risk residents of the City of Los Angeles and the unincorporated areas of the County of Los Angeles. According to City of Los Angeles Mayor Karen Bass, the sponsor of the bill, “I am making sure that the City of Los Angeles holds nothing back when it comes to bringing people inside and providing them with the support they need to stay inside for good. But we cannot confront this crisis alone, and the State’s aid is absolutely essential to reversing decades of disinvestment and bringing more people off our streets. AB 785 is a sensible approach that will open the City’s path to expedite the construction and reduce the costs of thousands of housing projects necessary to combat the humanitarian emergency of homelessness.”
Arguments in Opposition: None on file.
Committee Amendments: As discussed above, this bill specifies that the CEQA exemption does not apply to a larger project that may include or address affordable housing, emergency shelters, supportive housing, or transitional housing as a component, but includes other uses. Additionally, this bill specifies that the CEQA exemption does not apply to any activity approved by or carried out by the City of Los Angeles in furtherance of providing affordable housing, emergency shelters, supportive housing, or transitional housing. Both the terms “larger project” and “in furtherance of providing” are subjective. They could therefore imperil the utilization of these exemptions, or exempt projects that are beyond the scope and intent of the sponsors of the legislation.
To provide more clarity and objectivity to this bill’s CEQA exemption, the Committee may wish to amend the bill as follows:
- Define a housing development to have the same meaning as in the Housing Accountability Act, which specifies that the square footage of a housing development project must be at least two-thirds residential. This will ensure that affordable housing development projects are not part of a larger non-residential project;
- Remove the phrase “in furtherance of providing,” and replace that with a list of specific actions that could be undertaken by the City of Los Angeles, County of Los Angeles, or eligible public agencies that would be exempt from CEQA. This list:
- Would apply to affordable housing development projects, emergency shelters, supportive housing development projects, and transitional housing development projects;
- Would include the following actions taken by the City of Los Angeles within the City of Los Angeles:
- Rezoning, specific plan amendments, or general plan amendments required specifically and exclusively to allow construction of these projects;
- An action to lease, convey, or encumber land;
- An action to facilitate the lease, conveyance, or encumbrance of land owned or to be purchased;
- An action to provide financial assistance in furtherance of implementing these projects; and
- The issuance of an entitlement.
- Would include the following actions taken by the County of Los Angeles within the unincorporated areas of the County of Los Angeles:
- Rezoning, specific plan amendments, or general plan amendments required specifically and exclusively to allow construction of these projects;
- An action to lease, convey, or encumber land;
- An action to facilitate the lease, conveyance, or encumbrance of land owned or to be purchased;
- An action to provide financial assistance in furtherance of implementing these projects; and
- The issuance of an entitlement.
- Would include the following actions taken by the eligible public agencies either with the City of Los Angeles or within the unincorporated areas of the County of Los Angeles:
- An action to lease, convey, or encumber land;
- An action to facilitate the lease, conveyance, or encumbrance of land owned or to be purchased; and
- An action to provide financial assistance in furtherance of implementing these projects.
- Remove the language that specifies that the CEQA exemption would not apply to a development project that may include affordable housing, emergency shelters, supportive housing, or transitional housing, as a component of a larger project; or to the adoption of a general plan or community plan that includes planning for affordable housing, emergency shelters, supportive housing, or transitional housing.
Related Legislation:
AB 1449 (Alvarez) of the current legislative session would create a CEQA exemption for specified actions undertaken to facilitate the provision of affordable housing projects that meet specified locational and labor provisions. That bill passed out the Assembly Committee on Natural Resources by a vote of 8-1, and is pending in this Committee.
AB 1197 (Santiago), Chapter 340, Statutes of 2019: Established a CEQA exemption for emergency shelters and supportive housing projects approved or carried out by the City of Los Angeles, which sunsets January 1, 2025.
Double Referred: This bill is double referred. It was heard in the Assembly Committee on Natural Resources and passed on a vote of 9-0.
REGISTERED SUPPORT / OPPOSITION:
Support
Office of Los Angeles Mayor Karen Bass (Sponsor)
California Housing Partnership Corporation
Central City Association
Downtown Women's Center
John Burton Advocates for Youth
LA Family Housing
Los Angeles Unified School District
St. Joseph Center
The People Concern
Opposition
None on file.
Analysis Prepared by: Steve Wertheim / H. & C.D. / (916) 319-2085
Date of Hearing: April 17, 2023
ASSEMBLY COMMITTEE ON NATURAL RESOURCES
Luz Rivas, Chair
ABPCA Bill Id:AB 785 (
Author:Santiago) – As Amended Ver:April 11, 2023
SUBJECT: California Environmental Quality Act: exemption: City of Los Angeles: County of Los Angeles: affordable housing and transitional housing
SUMMARY: Adds a new exemption from the California Environmental Quality Act (CEQA) for affordable housing projects and transitional housing projects, as defined, located in the City of Los Angeles or unincorporated areas in the County of Los Angeles. Revises an existing exemption for homeless shelters and supportive housing projects in Los Angeles to extend its application to projects in unincorporated areas and eliminate the requirement these projects be located on an infill site or in zones permitting multifamily uses. Extends the sunset applicable to all exemptions by 10 years, from 2025 to 2035.
EXISTING LAW:
- CEQA requires lead agencies with the principal responsibility for carrying out or approving a proposed project to prepare a negative declaration, mitigated negative declaration, or environmental impact report (EIR) for this action, unless the project is exempt from CEQA. (Public Resources Code (PRC) 21000, et seq.)
- Exempts from CEQA any residential development project, including any subdivision, or any zoning change that is undertaken to implement and is consistent with a specific plan for which an EIR has been certified, unless substantial changes or new information require the preparation of a supplemental EIR for the specific plan, in which case the exemption applies once the supplemental EIR is certified. (Government Code (GC) 65457)
- Exempts from CEQA specified residential housing projects which meet detailed criteria established to ensure the project does not have a significant effect on the environment, including:
- Affordable agricultural housing projects not more than 45 units within a city, or 20 units within an agricultural zone, on a site not more than five acres in size;
- Urban affordable housing projects not more than 100 units on a site not more than five acres in size; and,
- Urban infill housing projects not more than 100 units on a site not more than four acres in size which is within one-half mile of a major transit stop.
- Affordable agricultural housing projects not more than 45 units within a city, or 20 units within an agricultural zone, on a site not more than five acres in size;
(PRC 21159.20-21159.24)
- Requires metropolitan planning organizations (MPOs) to include a sustainable communities strategy (SCS), as defined, in their regional transportation plans, or an alternative planning strategy (APS), for the purpose of reducing greenhouse gas (GHG) emissions, aligns planning for transportation and housing, and creates specified incentives for the implementation of the strategies, including CEQA exemption or abbreviated review for residential or mixed-use residential "transit priority projects" if the project is consistent with the use designation, density, building intensity, and applicable policies specified for the project area in either an approved SCS or APS. (PRC 21155.1)
- Exempts from CEQA residential, mixed-use, and "employment center" projects, as defined, located within "transit priority areas," as defined, if the project is consistent with an adopted specific plan and specified elements of an SCS or APS. (PRC 21155.4)
- Exempts from CEQA multi-family residential and mixed-use housing projects on infill sites within cities and unincorporated areas that are within the boundaries of an urbanized area or urban cluster. (PRC 21159.25)
- The CEQA Guidelines include a categorical exemption for infill development projects, as follows:
- The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations;
- The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses;
- The project site has no value as habitat for endangered, rare, or threatened species;
- Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality; and,
- The site can be adequately served by all required utilities and public services.
(CEQA Guidelines 15332)
- Establishes a ministerial approval process (i.e., not subject to CEQA) for certain multifamily affordable housing projects that are proposed in local jurisdictions that have not met regional housing needs. Requires eligible projects to meet specified standards, including paying prevailing wage to construction workers and use of a skilled and trained workforce. (GC 65913.4, added by SB 35 (Wiener), Chapter 366, Statutes of 2017)
- Establishes a ministerial approval process for affordable housing projects in commercial zones. Requires eligible projects to pay prevailing wage to construction workers and requires projects of 50 units or more to participate in an apprenticeship program and make specified healthcare contributions for construction workers. (GC 65912.100 et seq., added by AB 2011 (Wicks), Chapter 647, Statutes of 2022)
- Exempts from CEQA, until January 1, 2025, specified emergency shelters and supportive housing projects approved or carried out by the City of Los Angeles. (PRC 21080.27)
THIS BILL:
- Exempts from CEQA any activity approved by or carried out by the City of Los Angeles in the city, and the County of Los Angeles in the unincorporated areas of the county, in furtherance of providing affordable housing, emergency shelters, supportive housing, or transitional housing.
- Exempts from CEQA any action taken by any of several specified Los Angeles public agencies to lease, convey, or encumber land owned by that agency, or any action taken by an agency in providing financial assistance, in furtherance of providing affordable housing, emergency shelters, supportive housing, or transitional housing in the city or the unincorporated areas of the county.
- Defines “affordable housing” as a housing development project with 100% of all units in the development, exclusive of a manager’s unit or units, sold or rented to lower income households, except that up to 20% of the units in the development may be for moderate-income households, and that is funded, in whole or in part, by any of several specified sources of housing-related funding.
- Defines “transitional housing” as buildings configured as rental housing developments, but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient, and that is funded, in whole or in part, by any of several specified sources of housing-related funding.
- Eliminates the existing requirement that emergency shelters be located in either a mixed-use or nonresidential zone permitting multifamily uses or infill site.
- Sunsets January 1, 2035.
FISCAL EFFECT: Unknown
COMMENTS:
- Author’s statement:
It’s taking way too long to build homeless and affordable housing. While the City and County of Los Angeles have declared state of emergencies on homelessness, it is imperative we speed up the construction of desperately needed housing. AB 785 responds to the homeless crisis in Los Angeles by removing barriers that slow the construction of homeless housing. Specifically, the bill provides CEQA exemptions for publicly funded homeless and affordable housing projects in Los Angeles.
- CEQA exemptions for housing. CEQA includes various statutory exemptions, as well as categorical exemptions in the CEQA Guidelines, for a wide range of residential projects. Since 1978, CEQA has included statutory exemptions for housing. There are now at least 14 distinct CEQA exemptions for housing projects. The majority of residential projects are approved via exemption or negative declaration under CEQA, or through ministerial permits where CEQA does not apply.
A few existing CEQA exemptions are specific to projects with an affordable housing fraction, the rest are available to affordable and market-rate projects alike. Each exemption includes a range of conditions, including requirements for prior planning-level review, as well as limitations on the location and characteristics of the site. These conditions are intended to guard against the approval of projects with significant environmental impacts that go undisclosed and unmitigated – endangering workers, residents and the greater environment. More recently, bills such as SB 35 and AB 2011 have established ministerial approval for housing projects, where local discretionary review, including CEQA, is replaced with construction labor requirements and exclusion of specified sensitive sites.
AB 1197 (Santiago), Chapter 340, Statutes of 2019, established a CEQA exemption for emergency shelters and supportive housing projects approved or carried out by the City of Los Angeles, which sunsets January 1, 2025.
- The affordable housing exemption is lacking familiar safeguards. The affordable housing exemption in this bill is likely to apply to a significantly larger number of larger projects in a larger area than the existing exemptions for emergency shelters and supportive housing. However, this new exemption does not include conditions typical of recent CEQA exemption bills or by-right housing bills, such as SB 35 and AB 2011, either with regard to environmental or labor protections.
The author and the committee may wish to consider amending the bill to add the following conditions to the affordable housing exemption:
- Project must be in an urbanized area or urban cluster, as designated by the United States Census Bureau.
- Require tribal consultation for vacant sites to ensure the site does not contain tribal cultural resources.
- Project may not be located on sites that are:
- Within a very high fire hazard severity zone, earthquake fault zone, or flood hazard area.
- Included on the Cortese List due to hazardous waste.
- Prime farmland, wetlands, conservation lands, or habitat for protected species.
- Double referral. This bill has been double-referred to the Assembly Housing and Community Development Committee.
REGISTERED SUPPORT / OPPOSITION:
Support
Los Angeles Mayor Karen Bass (sponsor)
California Housing Partnership Corporation
Central City Association
Downtown Women’s Center
John Burton Advocates for Youth
Los Angeles Unified School District
The People Concern
Opposition
None on file
Analysis Prepared by: Lawrence Lingbloom / NAT. RES. /
Discussed in Hearing
3MIN
Senate Floor
1MIN
Assembly Floor
8MIN
Senate Standing Committee on Housing
5MIN
Senate Standing Committee on Environmental Quality
5MIN
Assembly Standing Committee on Housing and Community Development
Bill Author
Bill Co-Author(s):