SB 91: California Environmental Quality Act: supportive and transitional housing: motel conversion: environmental leadership transit projects.
- Session Year: 2023-2024
- House: Senate
- Latest Version Date: 2023-10-10
Current Status:
Passed
(2023-10-10: Chaptered by Secretary of State. Chapter 732, Statutes of 2023.)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Enacted
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 (EIR) 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 CEQA projects related to the conversion of a structure with a certificate of occupancy as a motel, hotel, residential hotel, or hostel to supportive or transitional housing, as defined, that meet certain conditions.
This bill would extend indefinitely the above exemption.
Existing law, until January 1, 2025, establishes specified procedures for the preparation of the EIR for, and judicial review of the certification of the EIR and approvals granted for, an environmental leadership transit project, as defined, proposed by a public or private entity or its affiliates that is located wholly within the County of Los Angeles or connects to an existing transit project wholly located in that county and that is approved by the lead agency on or before January 1, 2024.
This bill would, extend the application of those procedures for environmental leadership transit projects to January 1, 2026, for projects approved on or before January 1, 2025.
Because the bill would extend the duties of lead agencies to determine the applicability of the above exemption and to comply with specific procedures for the preparation of the EIR for environmental leadership transit projects, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report (EIR) 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 CEQA projects related to the conversion of a structure with a certificate of occupancy as a motel, hotel, residential hotel, or hostel to supportive or transitional housing, as defined, that meet certain conditions.
This bill would extend indefinitely the above exemption.
Existing law, until January 1, 2025, establishes specified procedures for the preparation of the EIR for, and judicial review of the certification of the EIR and approvals granted for, an environmental leadership transit project, as defined, proposed by a public or private entity or its affiliates that is located wholly within the County of Los Angeles or connects to an existing transit project wholly located in that county and that is approved by the lead agency on or before January 1, 2024.
This bill would, extend the application of those procedures for environmental leadership transit projects to January 1, 2026, for projects approved on or before January 1, 2025.
Because the bill would extend the duties of lead agencies to determine the applicability of the above exemption and to comply with specific procedures for the preparation of the EIR for environmental leadership transit projects, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report (EIR) 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 CEQA projects related to the conversion of a structure with a certificate of occupancy as a motel, hotel, residential hotel, or hostel to supportive or transitional housing, as defined, that meet certain conditions.
This bill would extend indefinitely the above exemption.
Existing law, until January 1, 2025, establishes specified procedures for the preparation of the EIR for, and judicial review of the certification of the EIR and approvals granted for, an environmental leadership transit project, as defined, proposed by a public or private entity or its affiliates that is located wholly within the County of Los Angeles or connects to an existing transit project wholly located in that county and that is approved by the lead agency on or before January 1, 2024.
This bill would, extend the application of those procedures for environmental leadership transit projects to January 1, 2026, for projects approved on or before January 1, 2025.
Because the bill would extend the duties of lead agencies to determine the applicability of the above exemption, exemption and to comply with specific procedures for the preparation of the EIR for environmental leadership transit projects, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment.
Existing law, until January 1, 2025, exempts from CEQA projects related to the conversion of a structure with a certificate of occupancy as a motel, hotel, residential hotel, or hostel to supportive or transitional housing, as defined, that meet certain conditions.
This bill would extend indefinitely the above exemption.
Because the bill would extend the duties of lead agencies to determine the applicability of the above exemption, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
(a)For purposes of this section, the following definitions apply:
(1)Interim motel housing project or project means the conversion of a structure with a certificate of occupancy as a motel, hotel, residential hotel, or hostel to supportive or transitional housing, and the conversion meets one or both of the following conditions:
(A)It does not result in the expansion of more than 10 percent of the floor area of any individual living unit in the structure.
(B)It does not result in any significant effects relating to traffic, noise, air quality, or water quality.
(2)Residential hotel has the same meaning as defined in Section 50519 of the Health and Safety Code.
(3)Supportive housing means housing linked to onsite or offsite supportive services and with no limit on length of stay for persons with low incomes who have one or more disabilities and may include, among other populations, adults, emancipated minors, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homeless people.
(4)Supportive services means services that are provided on a voluntary basis to residents of supportive or transitional housing, including, but not limited to, a combination of subsidized and permanent housing services, intensive case management, medical and mental health care, substance abuse treatment, employment services, benefits advocacy, and other services or service referrals necessary to obtain and maintain housing.
(5)Transitional housing means temporary housing linked to supportive services that is offered, usually for a period of up to 24 months, to facilitate movement to permanent housing for persons with low incomes who may have one or more disabilities, and may include, among other populations, adults, emancipated minors, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homeless people.
(b)This division does not apply to an interim motel housing project.
(c)A lead agency that determines an interim motel housing project is exempt pursuant to this section shall file a notice of exemption in accordance with subdivision (b) of Section 21152 with the Office of Planning and Research.
SEC. 2.Section 21168.6.9 of the Public Resources Code is amended to read:21168.6.9.(a)For purposes of this section, the following definitions apply:
(1)Environmental leadership transit project or project means a project to construct a fixed guideway and related fixed facilities that meets all of the following conditions:
(A)The fixed guideway operates at zero emissions.
(B)(i)If the project is more than two miles in length, the project reduces emissions by no less than 400,000 metric tons of greenhouse gases directly in the corridor of the project defined in the applicable environmental document over the useful life of the project, without using offsets.
(ii)If the project is no more than two miles in length, the project reduces emissions by no less than 50,000 metric tons of greenhouse gases directly in the corridor of the project defined in the applicable environmental document over the useful life of the project, without using offsets.
(C)The project reduces no less than 30,000,000 vehicle miles traveled in the corridor of the project defined in the applicable environmental document over the useful life of the project.
(D)The project is consistent with the applicable sustainable communities strategy or alternative planning strategy.
(E)The project is consistent with the applicable regional transportation plan.
(F)The project applicant demonstrates how it has incorporated sustainable infrastructure practices to achieve sustainability, resiliency, and climate change mitigation and adaptation goals in the project, including principles, frameworks, or guidelines as recommended by one or more of the following:
(i)The sustainability, resiliency, and climate change policies and standards of the American Society of Civil Engineers.
(ii)The Envision Rating System of the Institute for Sustainable Infrastructure.
(iii)The Leadership in Energy and Environment Design (LEED) rating system of the United States Green Building Council.
(G)The environmental leadership transit project is located wholly within the County of Los Angeles or connects to an existing transit project wholly located in the County of Los Angeles.
(H)For a project meeting the requirements of subparagraphs (A) to (G), inclusive, for which the environmental review pursuant to this division has commenced before January 1, 2022, the project applicant demonstrates that the record of proceedings is being, or has been, prepared in accordance with subdivision (f).
(2)Fixed guideway has the same meaning as defined in Section 5302 of Title 49 of the United States Code.
(3)Project applicant means a public or private entity or its affiliates that proposes an environmental leadership transit project, and its successors, heirs, and assignees.
(4)Project labor agreement has the same meaning as in paragraph (1) of subdivision (b) of Section 2500 of the Public Contract Code.
(5)Skilled and trained workforce has the same meaning as provided in Chapter 2.9 (commencing with Section 2600) of Part 1 of Division 2 of the Public Contract Code.
(b)This section applies to an environmental leadership transit project if the project applicant does all of the following:
(1)The project applicant demonstrates compliance with the requirements of Chapter 12.8 (commencing with Section 42649) and Chapter 12.9 (commencing with Section 42649.8) of Part 3 of Division 30, as applicable.
(2)(A)Except as provided in subparagraph (B), the project applicant has entered into a binding and enforceable agreement that all mitigation measures required under this division shall be conditions of approval of the project, and those conditions will be fully enforceable by the lead agency or another agency designated by the lead agency. In the case of environmental mitigation measures, the project applicant agrees, as an ongoing obligation, that those measures will be monitored and enforced by the lead agency for the life of the obligation.
(B)For a project applicant that is a public agency and is also the lead agency, the public agency conditions the approval of the environmental leadership transit project on, and performs, all mitigation measures required under this division. In the case of environmental mitigation measures, the public agency, as an ongoing obligation, shall monitor those measures for the life of the obligation.
(3)The project applicant agrees to pay the costs of the trial court and the court of appeal in hearing and deciding any case challenging a lead agencys action on an environmental leadership transit project under this division, including payment of the costs for the appointment of a special master if deemed appropriate by the court, in a form and manner specified by the Judicial Council, as provided in the California Rules of Court adopted by the Judicial Council under subdivision (d).
(4)The project applicant agrees to bear the costs of preparing the record of proceedings for the project concurrent with review and consideration of the project under this division, in a form and manner specified by the lead agency for the project.
(c)(1)(A)If the project applicant is a public agency, the project applicant of an environmental leadership transit project shall obtain an enforceable commitment that any bidder, contractor, or other entity undertaking the project will use a skilled and trained workforce to complete the project.
(B)Subparagraph (A) does not apply if either of the following are met:
(i)The project applicant has entered into a project labor agreement that will bind all contractors and subcontractors performing work on the project to use a skilled and trained workforce.
(ii)The bidder, contractor, or other entity has entered into a project labor agreement that will bind all contractors and subcontractors at every tier performing work on the project to use a skilled and trained workforce.
(2)If the project applicant is a private entity, the project applicant of an environmental leadership transit project shall do both of the following:
(A)Certify to the lead agency that either of the following is true:
(i)The entirety of the project is a public work for purposes of Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code.
(ii)If the project is not in its entirety a public work and the project applicant is not required to pay prevailing wages to all construction workers under Article 2 (commencing with Section 1770) of Chapter 1 of Part 2 of Division 2 of the Labor Code, all construction workers employed on construction 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. If the project is subject to this clause, then for those portions of the project that are not a public work all of the following shall apply:
(I)The project applicant shall ensure that the prevailing wage requirement is included in all contracts for the performance of all construction work.
(II)All contractors and subcontractors at every tier shall pay to all construction 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.
(III)Except as provided in subclause (V), all contractors and subcontractors at every tier shall maintain and verify payroll records pursuant to Section 1776 of the Labor Code and make those records available for inspection and copying as provided by that section.
(IV)Except as provided in subclause (V), the obligation of the contractors and subcontractors at every tier to pay prevailing wages may be enforced by 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, or by an underpaid worker through an administrative complaint or civil action, or by a joint labor-management committee through a civil action under Section 1771.2 of the Labor Code. If a civil wage and penalty assessment is issued, 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.
(V)Subclauses (III) and (IV) do not apply if all contractors and subcontractors at every tier 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.
(VI)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 shall not apply if otherwise provided in a bona fide collective bargaining agreement covering the worker. The requirement 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.
(B)Certify to the lead agency that a skilled and trained workforce will be used to perform all construction work on the project. All of the following requirements shall apply to the project:
(i)The project applicant shall require in all contracts for the performance of work that every contractor and subcontractor at every tier will individually use a skilled and trained workforce to construct the project.
(ii)Every contractor and subcontractor at every tier shall use a skilled and trained workforce to construct the project.
(iii)(I)Except as provided in subclause (II), the project applicant shall provide to the lead agency, on a monthly basis while the project or contract is being performed, a report demonstrating compliance with Chapter 2.9 (commencing with Section 2600) of Part 1 of Division 2 of the Public Contract Code. A monthly report provided to the lead agency pursuant to this subclause shall be a public record under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code) and shall be open to public inspection. A project applicant that fails to provide a monthly report demonstrating compliance with Chapter 2.9 (commencing with Section 2600) of Part 1 of Division 2 of the Public Contract Code shall be subject to a civil penalty of ten thousand dollars ($10,000) per month for each month for which the report has not been provided. Any contractor or subcontractor that fails to use a skilled and trained workforce shall be subject to a civil penalty of two hundred dollars ($200) per calendar day for each worker employed in contravention of the skilled and trained workforce requirement. Penalties may be assessed by the Labor Commissioner within 18 months of completion of the project using the same procedures for issuance of civil wage and penalty assessments pursuant to Section 1741 of the Labor Code, and may be reviewed pursuant to the same procedures in Section 1742 of the Labor Code. Penalties shall be paid to the State Public Works Enforcement Fund.
(II)Subclause (I) shall not apply if all contractors and subcontractors at every tier performing work on the project are subject to a project labor agreement that requires compliance with the skilled and trained workforce requirement and provides for enforcement of that obligation through an arbitration procedure.
(d)On or before January 1, 2023, the Judicial Council shall adopt rules of court that apply to any action or proceeding brought to attack, review, set aside, void, or annul the certification of an environmental impact report for an environmental leadership transit project or the granting of any project approval that require the action or proceeding, including any potential appeals to the court of appeal or the Supreme Court, to be resolved, to the extent feasible, within 365 calendar days of the filing of the certified record of proceedings with the court.
(e)(1)(A)The draft and final environmental impact report for an environmental leadership transit project shall include a notice in not less than 12-point type stating the following:
THIS ENVIRONMENTAL IMPACT REPORT IS SUBJECT TO SECTION 21168.6.9 OF THE PUBLIC RESOURCES CODE, WHICH PROVIDES, AMONG OTHER THINGS, THAT THE LEAD AGENCY NEED NOT CONSIDER CERTAIN COMMENTS FILED AFTER THE CLOSE OF THE PUBLIC COMMENT PERIOD, IF ANY, FOR THE DRAFT ENVIRONMENTAL IMPACT REPORT. ANY JUDICIAL ACTION CHALLENGING THE CERTIFICATION OR ADOPTION OF THE
ENVIRONMENTAL IMPACT REPORT OR THE APPROVAL OF THE PROJECT DESCRIBED IN SECTION 21168.6.9 OF THE PUBLIC RESOURCES CODE IS SUBJECT TO THE PROCEDURES SET FORTH IN THAT SECTION. A COPY OF SECTION 21168.6.9 OF THE PUBLIC RESOURCES CODE IS INCLUDED IN THE APPENDIX TO THIS ENVIRONMENTAL IMPACT REPORT.
(B)For an environmental leadership transit project for which a draft environmental impact report was issued before January 1, 2022, the lead agency shall, before February 1, 2022, or before the public hearing on the certification of the environmental impact report, whichever is earlier, provide the notice specified in subparagraph (A), in writing, to all parties that have requested notification regarding the project. The lead agency shall include that notice and the appendix required pursuant to paragraph (2) in the final environmental impact report for the project.
(C)For an environmental leadership transit project for which a final environmental impact report was issued before January 1, 2022, the lead agency shall, before February 1, 2022, or before the issuance of the notice of determination, whichever is earlier, do both of the following:
(i)Issue an addendum to the final environmental impact report containing the notice specified in subparagraph (A) and the appendix required pursuant to paragraph (2).
(ii)Provide notice, in writing, of the addendum to all parties that have requested notification regarding the project.
(2)The draft environmental impact report and final environmental impact report shall contain, as an appendix, the full text of this section.
(3)Within 10 calendar days after the release of the draft environmental impact report, the lead agency shall conduct an informational workshop to inform the public of the key analyses and conclusions of that document, as applicable.
(4)Within 10 calendar days before the close of the public comment period, the lead agency shall hold a public hearing to receive testimony on the draft environmental impact report. A transcript of the hearing shall be included as an appendix to the final environmental impact report, as applicable.
(5)(A)Within five calendar days following the close of the public comment period, a commenter on the draft environmental impact report may submit to the lead agency a written request for nonbinding mediation, as applicable. The lead agency shall participate in nonbinding mediation with all commenters who submitted timely comments on the draft environmental impact report and who requested the mediation. Mediation conducted pursuant to this paragraph shall end no later than 35 calendar days after the close of the public comment period.
(B)A request for mediation shall identify all areas of dispute raised in the comment submitted by the commenter that are to be mediated.
(C)The lead agency shall select one or more mediators who shall be retired judges or recognized experts with at least five years experience in land use and environmental law or science, or mediation. The lead agency shall bear the costs of mediation.
(D)A mediation session shall be conducted on each area of dispute with the parties requesting mediation on that area of dispute.
(E)The lead agency shall adopt, as a condition of approval, any measures agreed upon by the lead agency and any commenter who requested mediation. A commenter who agrees to a measure pursuant to this subparagraph shall not raise the issue addressed by that measure as a basis for an action or proceeding challenging the lead agencys decision to certify the environmental impact report or to grant project approval.
(6)The lead agency need not consider written comments on the draft environmental impact report submitted after the close of the public comment period, unless those comments address any of the following:
(A)New issues raised in the response to comments by the lead agency.
(B)New information released by the lead agency subsequent to the release of the draft environmental impact report, such as new information set forth or embodied in a staff report, proposed permit, proposed resolution, ordinance, or similar documents.
(C)Changes made to the project after the close of the public comment period.
(D)Proposed conditions for approval, mitigation measures, or proposed findings required by Section 21081 or a proposed reporting or monitoring program required by paragraph (1) of subdivision (a) of Section 21081.6, if the lead agency releases those documents subsequent to the release of the draft environmental impact report.
(E)New information that was not reasonably known and could not have been reasonably known during the public comment period.
(7)The lead agency shall file the notice required by subdivision (a) of Section 21152 within five calendar days after the last initial project approval.
(f)(1)The lead agency shall prepare and certify the record of proceedings in accordance with this subdivision and in accordance with Rule 3.2205 of the California Rules of Court.
(2)No later than three business days following the date of the release of the draft environmental impact report, the lead agency shall make available to the public in a readily accessible electronic format the draft environmental impact report and all other documents relied on by the lead agency in the preparation of the draft environmental impact report. A document prepared by the lead agency after the date of the release of the draft environmental impact report that is a part of the record of proceedings shall be made available to the public in a readily accessible electronic format within five business days after the document is prepared by the lead agency.
(3)Notwithstanding paragraph (2), documents relied on by the lead agency that were not prepared specifically for the project and are copyright protected are not required to be made readily accessible in an electronic format. For those copyright protected documents, the lead agency shall make an index of the documents available in an electronic format no later than the date of the release of the draft environmental impact report, or within five business days if the document is received or relied on by the lead agency after the release of the draft environmental impact report. The index shall specify the libraries or lead agency offices in which hardcopies of the copyrighted materials are available for public review.
(4)The lead agency shall encourage written comments on the project to be submitted in a readily accessible electronic format, and shall make any such comments available to the public in a readily accessible electronic format within five calendar days of their receipt.
(5)Within seven business days after the receipt of any comment that is not in an electronic format, the lead agency shall convert that comment into a readily accessible electronic format and make it available to the public in that format.
(6)The lead agency shall indicate in the record of proceedings comments received that were not considered by the lead agency pursuant to paragraph (6) of subdivision (e) and need not include the content of the comments as a part of the record of proceedings.
(7)Within five calendar days after the filing of the notice required by subdivision (a) of Section 21152, the lead agency shall certify the record of proceedings for the approval or determination and shall provide an electronic copy of the record of proceedings to a party that has submitted a written request for a copy. The lead agency may charge and collect a reasonable fee from a party requesting a copy of the record of proceedings for the electronic copy, which shall not exceed the reasonable cost of reproducing that copy.
(8)Within 10 calendar days after being served with a complaint or a petition for a writ of mandate, the lead agency shall lodge a copy of the certified record of proceedings with the superior court.
(9)Any dispute over the content of the record of proceedings shall be resolved by the superior court. Unless the superior court directs otherwise, a party disputing the content of the record of proceedings shall file a motion to augment the record of proceedings at the time it files its initial brief.
(10)The contents of the record of proceedings shall be as set forth in subdivision (e) of Section 21167.6.
(g)This section applies only to an environmental leadership transit project that is approved by the lead agency on or before January 1, 2025.
(h)This section shall only apply to the first seven projects obtaining a certified environmental impact report and meeting the requirements of this section.
(i)This section shall remain in effect only until January 1, 2026, and as of that date is repealed.
SEC. 3.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)Interim motel housing project or project means the conversion of a structure with a certificate of occupancy as a motel, hotel, residential hotel, or hostel to supportive or transitional housing, and the conversion meets one or both of the following conditions:
(A)It does not result in the expansion of more than 10 percent of the floor area of any individual living unit in the structure.
(B)It does not result in any significant effects relating to traffic, noise, air quality, or water quality.
(2)Residential hotel has the same meaning as defined in Section 50519 of the Health and Safety Code.
(3)Supportive housing means housing linked to onsite or offsite supportive services and with no limit on length of stay for persons with low incomes who have one or more disabilities and may include, among other populations, adults, emancipated minors, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homeless people.
(4)Supportive services means services that are provided on a voluntary basis to residents of supportive or transitional housing, including, but not limited to, a combination of subsidized and permanent housing services, intensive case management, medical and mental health care, substance abuse treatment, employment services, benefits advocacy, and other services or service referrals necessary to obtain and maintain housing.
(5)Transitional housing means temporary housing linked to supportive services that is offered, usually for a period of up to 24 months, to facilitate movement to permanent housing for persons with low incomes who may have one or more disabilities, and may include, among other populations, adults, emancipated minors, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homeless people.
(b)This division does not apply to an interim motel housing project.
(c)A lead agency that determines an interim motel housing project is exempt pursuant to this section shall file a notice of exemption in accordance with subdivision (b) of Section 21152 with the Office of Planning and Research.
SEC. 2.Section 21168.6.9 of the Public Resources Code is amended to read:21168.6.9.(a)For purposes of this section, the following definitions apply:
(1)Environmental leadership transit project or project means a project to construct a fixed guideway and related fixed facilities that meets all of the following conditions:
(A)The fixed guideway operates at zero emissions.
(B)(i)If the project is more than two miles in length, the project reduces emissions by no less than 400,000 metric tons of greenhouse gases directly in the corridor of the project defined in the applicable environmental document over the useful life of the project, without using offsets.
(ii)If the project is no more than two miles in length, the project reduces emissions by no less than 50,000 metric tons of greenhouse gases directly in the corridor of the project defined in the applicable environmental document over the useful life of the project, without using offsets.
(C)The project reduces no less than 30,000,000 vehicle miles traveled in the corridor of the project defined in the applicable environmental document over the useful life of the project.
(D)The project is consistent with the applicable sustainable communities strategy or alternative planning strategy.
(E)The project is consistent with the applicable regional transportation plan.
(F)The project applicant demonstrates how it has incorporated sustainable infrastructure practices to achieve sustainability, resiliency, and climate change mitigation and adaptation goals in the project, including principles, frameworks, or guidelines as recommended by one or more of the following:
(i)The sustainability, resiliency, and climate change policies and standards of the American Society of Civil Engineers.
(ii)The Envision Rating System of the Institute for Sustainable Infrastructure.
(iii)The Leadership in Energy and Environment Design (LEED) rating system of the United States Green Building Council.
(G)The environmental leadership transit project is located wholly within the County of Los Angeles or connects to an existing transit project wholly located in the County of Los Angeles.
(H)For a project meeting the requirements of subparagraphs (A) to (G), inclusive, for which the environmental review pursuant to this division has commenced before January 1, 2022, the project applicant demonstrates that the record of proceedings is being, or has been, prepared in accordance with subdivision (f).
(2)Fixed guideway has the same meaning as defined in Section 5302 of Title 49 of the United States Code.
(3)Project applicant means a public or private entity or its affiliates that proposes an environmental leadership transit project, and its successors, heirs, and assignees.
(4)Project labor agreement has the same meaning as in paragraph (1) of subdivision (b) of Section 2500 of the Public Contract Code.
(5)Skilled and trained workforce has the same meaning as provided in Chapter 2.9 (commencing with Section 2600) of Part 1 of Division 2 of the Public Contract Code.
(b)This section applies to an environmental leadership transit project if the project applicant does all of the following:
(1)The project applicant demonstrates compliance with the requirements of Chapter 12.8 (commencing with Section 42649) and Chapter 12.9 (commencing with Section 42649.8) of Part 3 of Division 30, as applicable.
(2)(A)Except as provided in subparagraph (B), the project applicant has entered into a binding and enforceable agreement that all mitigation measures required under this division shall be conditions of approval of the project, and those conditions will be fully enforceable by the lead agency or another agency designated by the lead agency. In the case of environmental mitigation measures, the project applicant agrees, as an ongoing obligation, that those measures will be monitored and enforced by the lead agency for the life of the obligation.
(B)For a project applicant that is a public agency and is also the lead agency, the public agency conditions the approval of the environmental leadership transit project on, and performs, all mitigation measures required under this division. In the case of environmental mitigation measures, the public agency, as an ongoing obligation, shall monitor those measures for the life of the obligation.
(3)The project applicant agrees to pay the costs of the trial court and the court of appeal in hearing and deciding any case challenging a lead agencys action on an environmental leadership transit project under this division, including payment of the costs for the appointment of a special master if deemed appropriate by the court, in a form and manner specified by the Judicial Council, as provided in the California Rules of Court adopted by the Judicial Council under subdivision (d).
(4)The project applicant agrees to bear the costs of preparing the record of proceedings for the project concurrent with review and consideration of the project under this division, in a form and manner specified by the lead agency for the project.
(c)(1)(A)If the project applicant is a public agency, the project applicant of an environmental leadership transit project shall obtain an enforceable commitment that any bidder, contractor, or other entity undertaking the project will use a skilled and trained workforce to complete the project.
(B)Subparagraph (A) does not apply if either of the following are met:
(i)The project applicant has entered into a project labor agreement that will bind all contractors and subcontractors performing work on the project to use a skilled and trained workforce.
(ii)The bidder, contractor, or other entity has entered into a project labor agreement that will bind all contractors and subcontractors at every tier performing work on the project to use a skilled and trained workforce.
(2)If the project applicant is a private entity, the project applicant of an environmental leadership transit project shall do both of the following:
(A)Certify to the lead agency that either of the following is true:
(i)The entirety of the project is a public work for purposes of Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code.
(ii)If the project is not in its entirety a public work and the project applicant is not required to pay prevailing wages to all construction workers under Article 2 (commencing with Section 1770) of Chapter 1 of Part 2 of Division 2 of the Labor Code, all construction workers employed on construction 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. If the project is subject to this clause, then for those portions of the project that are not a public work all of the following shall apply:
(I)The project applicant shall ensure that the prevailing wage requirement is included in all contracts for the performance of all construction work.
(II)All contractors and subcontractors at every tier shall pay to all construction 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.
(III)Except as provided in subclause (V), all contractors and subcontractors at every tier shall maintain and verify payroll records pursuant to Section 1776 of the Labor Code and make those records available for inspection and copying as provided by that section.
(IV)Except as provided in subclause (V), the obligation of the contractors and subcontractors at every tier to pay prevailing wages may be enforced by 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, or by an underpaid worker through an administrative complaint or civil action, or by a joint labor-management committee through a civil action under Section 1771.2 of the Labor Code. If a civil wage and penalty assessment is issued, 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.
(V)Subclauses (III) and (IV) do not apply if all contractors and subcontractors at every tier 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.
(VI)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 shall not apply if otherwise provided in a bona fide collective bargaining agreement covering the worker. The requirement 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.
(B)Certify to the lead agency that a skilled and trained workforce will be used to perform all construction work on the project. All of the following requirements shall apply to the project:
(i)The project applicant shall require in all contracts for the performance of work that every contractor and subcontractor at every tier will individually use a skilled and trained workforce to construct the project.
(ii)Every contractor and subcontractor at every tier shall use a skilled and trained workforce to construct the project.
(iii)(I)Except as provided in subclause (II), the project applicant shall provide to the lead agency, on a monthly basis while the project or contract is being performed, a report demonstrating compliance with Chapter 2.9 (commencing with Section 2600) of Part 1 of Division 2 of the Public Contract Code. A monthly report provided to the lead agency pursuant to this subclause shall be a public record under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code) and shall be open to public inspection. A project applicant that fails to provide a monthly report demonstrating compliance with Chapter 2.9 (commencing with Section 2600) of Part 1 of Division 2 of the Public Contract Code shall be subject to a civil penalty of ten thousand dollars ($10,000) per month for each month for which the report has not been provided. Any contractor or subcontractor that fails to use a skilled and trained workforce shall be subject to a civil penalty of two hundred dollars ($200) per calendar day for each worker employed in contravention of the skilled and trained workforce requirement. Penalties may be assessed by the Labor Commissioner within 18 months of completion of the project using the same procedures for issuance of civil wage and penalty assessments pursuant to Section 1741 of the Labor Code, and may be reviewed pursuant to the same procedures in Section 1742 of the Labor Code. Penalties shall be paid to the State Public Works Enforcement Fund.
(II)Subclause (I) shall not apply if all contractors and subcontractors at every tier performing work on the project are subject to a project labor agreement that requires compliance with the skilled and trained workforce requirement and provides for enforcement of that obligation through an arbitration procedure.
(d)On or before January 1, 2023, the Judicial Council shall adopt rules of court that apply to any action or proceeding brought to attack, review, set aside, void, or annul the certification of an environmental impact report for an environmental leadership transit project or the granting of any project approval that require the action or proceeding, including any potential appeals to the court of appeal or the Supreme Court, to be resolved, to the extent feasible, within 365 calendar days of the filing of the certified record of proceedings with the court.
(e)(1)(A)The draft and final environmental impact report for an environmental leadership transit project shall include a notice in not less than 12-point type stating the following:
THIS ENVIRONMENTAL IMPACT REPORT IS SUBJECT TO SECTION 21168.6.9 OF THE PUBLIC RESOURCES CODE, WHICH PROVIDES, AMONG OTHER THINGS, THAT THE LEAD AGENCY NEED NOT CONSIDER CERTAIN COMMENTS FILED AFTER THE CLOSE OF THE PUBLIC COMMENT PERIOD, IF ANY, FOR THE DRAFT ENVIRONMENTAL IMPACT REPORT. ANY JUDICIAL ACTION CHALLENGING THE CERTIFICATION OR ADOPTION OF THE
ENVIRONMENTAL IMPACT REPORT OR THE APPROVAL OF THE PROJECT DESCRIBED IN SECTION 21168.6.9 OF THE PUBLIC RESOURCES CODE IS SUBJECT TO THE PROCEDURES SET FORTH IN THAT SECTION. A COPY OF SECTION 21168.6.9 OF THE PUBLIC RESOURCES CODE IS INCLUDED IN THE APPENDIX TO THIS ENVIRONMENTAL IMPACT REPORT.
(B)For an environmental leadership transit project for which a draft environmental impact report was issued before January 1, 2022, the lead agency shall, before February 1, 2022, or before the public hearing on the certification of the environmental impact report, whichever is earlier, provide the notice specified in subparagraph (A), in writing, to all parties that have requested notification regarding the project. The lead agency shall include that notice and the appendix required pursuant to paragraph (2) in the final environmental impact report for the project.
(C)For an environmental leadership transit project for which a final environmental impact report was issued before January 1, 2022, the lead agency shall, before February 1, 2022, or before the issuance of the notice of determination, whichever is earlier, do both of the following:
(i)Issue an addendum to the final environmental impact report containing the notice specified in subparagraph (A) and the appendix required pursuant to paragraph (2).
(ii)Provide notice, in writing, of the addendum to all parties that have requested notification regarding the project.
(2)The draft environmental impact report and final environmental impact report shall contain, as an appendix, the full text of this section.
(3)Within 10 calendar days after the release of the draft environmental impact report, the lead agency shall conduct an informational workshop to inform the public of the key analyses and conclusions of that document, as applicable.
(4)Within 10 calendar days before the close of the public comment period, the lead agency shall hold a public hearing to receive testimony on the draft environmental impact report. A transcript of the hearing shall be included as an appendix to the final environmental impact report, as applicable.
(5)(A)Within five calendar days following the close of the public comment period, a commenter on the draft environmental impact report may submit to the lead agency a written request for nonbinding mediation, as applicable. The lead agency shall participate in nonbinding mediation with all commenters who submitted timely comments on the draft environmental impact report and who requested the mediation. Mediation conducted pursuant to this paragraph shall end no later than 35 calendar days after the close of the public comment period.
(B)A request for mediation shall identify all areas of dispute raised in the comment submitted by the commenter that are to be mediated.
(C)The lead agency shall select one or more mediators who shall be retired judges or recognized experts with at least five years experience in land use and environmental law or science, or mediation. The lead agency shall bear the costs of mediation.
(D)A mediation session shall be conducted on each area of dispute with the parties requesting mediation on that area of dispute.
(E)The lead agency shall adopt, as a condition of approval, any measures agreed upon by the lead agency and any commenter who requested mediation. A commenter who agrees to a measure pursuant to this subparagraph shall not raise the issue addressed by that measure as a basis for an action or proceeding challenging the lead agencys decision to certify the environmental impact report or to grant project approval.
(6)The lead agency need not consider written comments on the draft environmental impact report submitted after the close of the public comment period, unless those comments address any of the following:
(A)New issues raised in the response to comments by the lead agency.
(B)New information released by the lead agency subsequent to the release of the draft environmental impact report, such as new information set forth or embodied in a staff report, proposed permit, proposed resolution, ordinance, or similar documents.
(C)Changes made to the project after the close of the public comment period.
(D)Proposed conditions for approval, mitigation measures, or proposed findings required by Section 21081 or a proposed reporting or monitoring program required by paragraph (1) of subdivision (a) of Section 21081.6, if the lead agency releases those documents subsequent to the release of the draft environmental impact report.
(E)New information that was not reasonably known and could not have been reasonably known during the public comment period.
(7)The lead agency shall file the notice required by subdivision (a) of Section 21152 within five calendar days after the last initial project approval.
(f)(1)The lead agency shall prepare and certify the record of proceedings in accordance with this subdivision and in accordance with Rule 3.2205 of the California Rules of Court.
(2)No later than three business days following the date of the release of the draft environmental impact report, the lead agency shall make available to the public in a readily accessible electronic format the draft environmental impact report and all other documents relied on by the lead agency in the preparation of the draft environmental impact report. A document prepared by the lead agency after the date of the release of the draft environmental impact report that is a part of the record of proceedings shall be made available to the public in a readily accessible electronic format within five business days after the document is prepared by the lead agency.
(3)Notwithstanding paragraph (2), documents relied on by the lead agency that were not prepared specifically for the project and are copyright protected are not required to be made readily accessible in an electronic format. For those copyright protected documents, the lead agency shall make an index of the documents available in an electronic format no later than the date of the release of the draft environmental impact report, or within five business days if the document is received or relied on by the lead agency after the release of the draft environmental impact report. The index shall specify the libraries or lead agency offices in which hardcopies of the copyrighted materials are available for public review.
(4)The lead agency shall encourage written comments on the project to be submitted in a readily accessible electronic format, and shall make any such comments available to the public in a readily accessible electronic format within five calendar days of their receipt.
(5)Within seven business days after the receipt of any comment that is not in an electronic format, the lead agency shall convert that comment into a readily accessible electronic format and make it available to the public in that format.
(6)The lead agency shall indicate in the record of proceedings comments received that were not considered by the lead agency pursuant to paragraph (6) of subdivision (e) and need not include the content of the comments as a part of the record of proceedings.
(7)Within five calendar days after the filing of the notice required by subdivision (a) of Section 21152, the lead agency shall certify the record of proceedings for the approval or determination and shall provide an electronic copy of the record of proceedings to a party that has submitted a written request for a copy. The lead agency may charge and collect a reasonable fee from a party requesting a copy of the record of proceedings for the electronic copy, which shall not exceed the reasonable cost of reproducing that copy.
(8)Within 10 calendar days after being served with a complaint or a petition for a writ of mandate, the lead agency shall lodge a copy of the certified record of proceedings with the superior court.
(9)Any dispute over the content of the record of proceedings shall be resolved by the superior court. Unless the superior court directs otherwise, a party disputing the content of the record of proceedings shall file a motion to augment the record of proceedings at the time it files its initial brief.
(10)The contents of the record of proceedings shall be as set forth in subdivision (e) of Section 21167.6.
(g)This section applies only to an environmental leadership transit project that is approved by the lead agency on or before January 1, 2025.
(h)This section shall only apply to the first seven projects obtaining a certified environmental impact report and meeting the requirements of this section.
(i)This section shall remain in effect only until January 1, 2026, and as of that date is repealed.
SEC. 3.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)Interim motel housing project or project means the conversion of a structure with a certificate of occupancy as a motel, hotel, residential hotel, or hostel to supportive or transitional housing, and the conversion meets one or both of the following conditions:
(A)It does not result in the expansion of more than 10 percent of the floor area of any individual living unit in the structure.
(B)It does not result in any significant effects relating to traffic, noise, air quality, or water quality.
(2)Residential hotel has the same meaning as defined in Section 50519 of the Health and Safety Code.
(3)Supportive housing means housing linked to onsite or offsite supportive services and with no limit on length of stay for persons with low incomes who have one or more disabilities and may include, among other populations, adults, emancipated minors, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homeless people.
(4)Supportive services means services that are provided on a voluntary basis to residents of supportive or transitional housing, including, but not limited to, a combination of subsidized and permanent housing services, intensive case management, medical and mental health care, substance abuse treatment, employment services, benefits advocacy, and other services or service referrals necessary to obtain and maintain housing.
(5)Transitional housing means temporary housing linked to supportive services that is offered, usually for a period of up to 24 months, to facilitate movement to permanent housing for persons with low incomes who may have one or more disabilities, and may include, among other populations, adults, emancipated minors, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homeless people.
(b)This division does not apply to an interim motel housing project.
(c)A lead agency that determines an interim motel housing project is exempt pursuant to this section shall file a notice of exemption in accordance with subdivision (b) of Section 21152 with the Office of Planning and Research.
SEC. 2.Section 21168.6.9 of the Public Resources Code is amended to read:21168.6.9.(a)For purposes of this section, the following definitions apply:
(1)Environmental leadership transit project or project means a project to construct a fixed guideway and related fixed facilities that meets all of the following conditions:
(A)The fixed guideway operates at zero emissions.
(B)(i)If the project is more than two miles in length, the project reduces emissions by no less than 400,000 metric tons of greenhouse gases directly in the corridor of the project defined in the applicable environmental document over the useful life of the project, without using offsets.
(ii)If the project is no more than two miles in length, the project reduces emissions by no less than 50,000 metric tons of greenhouse gases directly in the corridor of the project defined in the applicable environmental document over the useful life of the project, without using offsets.
(C)The project reduces no less than 30,000,000 vehicle miles traveled in the corridor of the project defined in the applicable environmental document over the useful life of the project.
(D)The project is consistent with the applicable sustainable communities strategy or alternative planning strategy.
(E)The project is consistent with the applicable regional transportation plan.
(F)The project applicant demonstrates how it has incorporated sustainable infrastructure practices to achieve sustainability, resiliency, and climate change mitigation and adaptation goals in the project, including principles, frameworks, or guidelines as recommended by one or more of the following:
(i)The sustainability, resiliency, and climate change policies and standards of the American Society of Civil Engineers.
(ii)The Envision Rating System of the Institute for Sustainable Infrastructure.
(iii)The Leadership in Energy and Environment Design (LEED) rating system of the United States Green Building Council.
(G)The environmental leadership transit project is located wholly within the County of Los Angeles or connects to an existing transit project wholly located in the County of Los Angeles.
(H)For a project meeting the requirements of subparagraphs (A) to (G), inclusive, for which the environmental review pursuant to this division has commenced before January 1, 2022, the project applicant demonstrates that the record of proceedings is being, or has been, prepared in accordance with subdivision (f).
(2)Fixed guideway has the same meaning as defined in Section 5302 of Title 49 of the United States Code.
(3)Project applicant means a public or private entity or its affiliates that proposes an environmental leadership transit project, and its successors, heirs, and assignees.
(4)Project labor agreement has the same meaning as in paragraph (1) of subdivision (b) of Section 2500 of the Public Contract Code.
(5)Skilled and trained workforce has the same meaning as provided in Chapter 2.9 (commencing with Section 2600) of Part 1 of Division 2 of the Public Contract Code.
(b)This section applies to an environmental leadership transit project if the project applicant does all of the following:
(1)The project applicant demonstrates compliance with the requirements of Chapter 12.8 (commencing with Section 42649) and Chapter 12.9 (commencing with Section 42649.8) of Part 3 of Division 30, as applicable.
(2)(A)Except as provided in subparagraph (B), the project applicant has entered into a binding and enforceable agreement that all mitigation measures required under this division shall be conditions of approval of the project, and those conditions will be fully enforceable by the lead agency or another agency designated by the lead agency. In the case of environmental mitigation measures, the project applicant agrees, as an ongoing obligation, that those measures will be monitored and enforced by the lead agency for the life of the obligation.
(B)For a project applicant that is a public agency and is also the lead agency, the public agency conditions the approval of the environmental leadership transit project on, and performs, all mitigation measures required under this division. In the case of environmental mitigation measures, the public agency, as an ongoing obligation, shall monitor those measures for the life of the obligation.
(3)The project applicant agrees to pay the costs of the trial court and the court of appeal in hearing and deciding any case challenging a lead agencys action on an environmental leadership transit project under this division, including payment of the costs for the appointment of a special master if deemed appropriate by the court, in a form and manner specified by the Judicial Council, as provided in the California Rules of Court adopted by the Judicial Council under subdivision (d).
(4)The project applicant agrees to bear the costs of preparing the record of proceedings for the project concurrent with review and consideration of the project under this division, in a form and manner specified by the lead agency for the project.
(c)(1)(A)If the project applicant is a public agency, the project applicant of an environmental leadership transit project shall obtain an enforceable commitment that any bidder, contractor, or other entity undertaking the project will use a skilled and trained workforce to complete the project.
(B)Subparagraph (A) does not apply if either of the following are met:
(i)The project applicant has entered into a project labor agreement that will bind all contractors and subcontractors performing work on the project to use a skilled and trained workforce.
(ii)The bidder, contractor, or other entity has entered into a project labor agreement that will bind all contractors and subcontractors at every tier performing work on the project to use a skilled and trained workforce.
(2)If the project applicant is a private entity, the project applicant of an environmental leadership transit project shall do both of the following:
(A)Certify to the lead agency that either of the following is true:
(i)The entirety of the project is a public work for purposes of Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code.
(ii)If the project is not in its entirety a public work and the project applicant is not required to pay prevailing wages to all construction workers under Article 2 (commencing with Section 1770) of Chapter 1 of Part 2 of Division 2 of the Labor Code, all construction workers employed on construction 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. If the project is subject to this clause, then for those portions of the project that are not a public work all of the following shall apply:
(I)The project applicant shall ensure that the prevailing wage requirement is included in all contracts for the performance of all construction work.
(II)All contractors and subcontractors at every tier shall pay to all construction 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.
(III)Except as provided in subclause (V), all contractors and subcontractors at every tier shall maintain and verify payroll records pursuant to Section 1776 of the Labor Code and make those records available for inspection and copying as provided by that section.
(IV)Except as provided in subclause (V), the obligation of the contractors and subcontractors at every tier to pay prevailing wages may be enforced by 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, or by an underpaid worker through an administrative complaint or civil action, or by a joint labor-management committee through a civil action under Section 1771.2 of the Labor Code. If a civil wage and penalty assessment is issued, 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.
(V)Subclauses (III) and (IV) do not apply if all contractors and subcontractors at every tier 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.
(VI)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 shall not apply if otherwise provided in a bona fide collective bargaining agreement covering the worker. The requirement 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.
(B)Certify to the lead agency that a skilled and trained workforce will be used to perform all construction work on the project. All of the following requirements shall apply to the project:
(i)The project applicant shall require in all contracts for the performance of work that every contractor and subcontractor at every tier will individually use a skilled and trained workforce to construct the project.
(ii)Every contractor and subcontractor at every tier shall use a skilled and trained workforce to construct the project.
(iii)(I)Except as provided in subclause (II), the project applicant shall provide to the lead agency, on a monthly basis while the project or contract is being performed, a report demonstrating compliance with Chapter 2.9 (commencing with Section 2600) of Part 1 of Division 2 of the Public Contract Code. A monthly report provided to the lead agency pursuant to this subclause shall be a public record under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code) and shall be open to public inspection. A project applicant that fails to provide a monthly report demonstrating compliance with Chapter 2.9 (commencing with Section 2600) of Part 1 of Division 2 of the Public Contract Code shall be subject to a civil penalty of ten thousand dollars ($10,000) per month for each month for which the report has not been provided. Any contractor or subcontractor that fails to use a skilled and trained workforce shall be subject to a civil penalty of two hundred dollars ($200) per calendar day for each worker employed in contravention of the skilled and trained workforce requirement. Penalties may be assessed by the Labor Commissioner within 18 months of completion of the project using the same procedures for issuance of civil wage and penalty assessments pursuant to Section 1741 of the Labor Code, and may be reviewed pursuant to the same procedures in Section 1742 of the Labor Code. Penalties shall be paid to the State Public Works Enforcement Fund.
(II)Subclause (I) shall not apply if all contractors and subcontractors at every tier performing work on the project are subject to a project labor agreement that requires compliance with the skilled and trained workforce requirement and provides for enforcement of that obligation through an arbitration procedure.
(d)On or before January 1, 2023, the Judicial Council shall adopt rules of court that apply to any action or proceeding brought to attack, review, set aside, void, or annul the certification of an environmental impact report for an environmental leadership transit project or the granting of any project approval that require the action or proceeding, including any potential appeals to the court of appeal or the Supreme Court, to be resolved, to the extent feasible, within 365 calendar days of the filing of the certified record of proceedings with the court.
(e)(1)(A)The draft and final environmental impact report for an environmental leadership transit project shall include a notice in not less than 12-point type stating the following:
THIS ENVIRONMENTAL IMPACT REPORT IS SUBJECT TO SECTION 21168.6.9 OF THE PUBLIC RESOURCES CODE, WHICH PROVIDES, AMONG OTHER THINGS, THAT THE LEAD AGENCY NEED NOT CONSIDER CERTAIN COMMENTS FILED AFTER THE CLOSE OF THE PUBLIC COMMENT PERIOD, IF ANY, FOR THE DRAFT ENVIRONMENTAL IMPACT REPORT. ANY JUDICIAL ACTION CHALLENGING THE CERTIFICATION OR ADOPTION OF THE
ENVIRONMENTAL IMPACT REPORT OR THE APPROVAL OF THE PROJECT DESCRIBED IN SECTION 21168.6.9 OF THE PUBLIC RESOURCES CODE IS SUBJECT TO THE PROCEDURES SET FORTH IN THAT SECTION. A COPY OF SECTION 21168.6.9 OF THE PUBLIC RESOURCES CODE IS INCLUDED IN THE APPENDIX TO THIS ENVIRONMENTAL IMPACT REPORT.
(B)For an environmental leadership transit project for which a draft environmental impact report was issued before January 1, 2022, the lead agency shall, before February 1, 2022, or before the public hearing on the certification of the environmental impact report, whichever is earlier, provide the notice specified in subparagraph (A), in writing, to all parties that have requested notification regarding the project. The lead agency shall include that notice and the appendix required pursuant to paragraph (2) in the final environmental impact report for the project.
(C)For an environmental leadership transit project for which a final environmental impact report was issued before January 1, 2022, the lead agency shall, before February 1, 2022, or before the issuance of the notice of determination, whichever is earlier, do both of the following:
(i)Issue an addendum to the final environmental impact report containing the notice specified in subparagraph (A) and the appendix required pursuant to paragraph (2).
(ii)Provide notice, in writing, of the addendum to all parties that have requested notification regarding the project.
(2)The draft environmental impact report and final environmental impact report shall contain, as an appendix, the full text of this section.
(3)Within 10 calendar days after the release of the draft environmental impact report, the lead agency shall conduct an informational workshop to inform the public of the key analyses and conclusions of that document, as applicable.
(4)Within 10 calendar days before the close of the public comment period, the lead agency shall hold a public hearing to receive testimony on the draft environmental impact report. A transcript of the hearing shall be included as an appendix to the final environmental impact report, as applicable.
(5)(A)Within five calendar days following the close of the public comment period, a commenter on the draft environmental impact report may submit to the lead agency a written request for nonbinding mediation, as applicable. The lead agency shall participate in nonbinding mediation with all commenters who submitted timely comments on the draft environmental impact report and who requested the mediation. Mediation conducted pursuant to this paragraph shall end no later than 35 calendar days after the close of the public comment period.
(B)A request for mediation shall identify all areas of dispute raised in the comment submitted by the commenter that are to be mediated.
(C)The lead agency shall select one or more mediators who shall be retired judges or recognized experts with at least five years experience in land use and environmental law or science, or mediation. The lead agency shall bear the costs of mediation.
(D)A mediation session shall be conducted on each area of dispute with the parties requesting mediation on that area of dispute.
(E)The lead agency shall adopt, as a condition of approval, any measures agreed upon by the lead agency and any commenter who requested mediation. A commenter who agrees to a measure pursuant to this subparagraph shall not raise the issue addressed by that measure as a basis for an action or proceeding challenging the lead agencys decision to certify the environmental impact report or to grant project approval.
(6)The lead agency need not consider written comments on the draft environmental impact report submitted after the close of the public comment period, unless those comments address any of the following:
(A)New issues raised in the response to comments by the lead agency.
(B)New information released by the lead agency subsequent to the release of the draft environmental impact report, such as new information set forth or embodied in a staff report, proposed permit, proposed resolution, ordinance, or similar documents.
(C)Changes made to the project after the close of the public comment period.
(D)Proposed conditions for approval, mitigation measures, or proposed findings required by Section 21081 or a proposed reporting or monitoring program required by paragraph (1) of subdivision (a) of Section 21081.6, if the lead agency releases those documents subsequent to the release of the draft environmental impact report.
(E)New information that was not reasonably known and could not have been reasonably known during the public comment period.
(7)The lead agency shall file the notice required by subdivision (a) of Section 21152 within five calendar days after the last initial project approval.
(f)(1)The lead agency shall prepare and certify the record of proceedings in accordance with this subdivision and in accordance with Rule 3.2205 of the California Rules of Court.
(2)No later than three business days following the date of the release of the draft environmental impact report, the lead agency shall make available to the public in a readily accessible electronic format the draft environmental impact report and all other documents relied on by the lead agency in the preparation of the draft environmental impact report. A document prepared by the lead agency after the date of the release of the draft environmental impact report that is a part of the record of proceedings shall be made available to the public in a readily accessible electronic format within five business days after the document is prepared by the lead agency.
(3)Notwithstanding paragraph (2), documents relied on by the lead agency that were not prepared specifically for the project and are copyright protected are not required to be made readily accessible in an electronic format. For those copyright protected documents, the lead agency shall make an index of the documents available in an electronic format no later than the date of the release of the draft environmental impact report, or within five business days if the document is received or relied on by the lead agency after the release of the draft environmental impact report. The index shall specify the libraries or lead agency offices in which hardcopies of the copyrighted materials are available for public review.
(4)The lead agency shall encourage written comments on the project to be submitted in a readily accessible electronic format, and shall make any such comments available to the public in a readily accessible electronic format within five calendar days of their receipt.
(5)Within seven business days after the receipt of any comment that is not in an electronic format, the lead agency shall convert that comment into a readily accessible electronic format and make it available to the public in that format.
(6)The lead agency shall indicate in the record of proceedings comments received that were not considered by the lead agency pursuant to paragraph (6) of subdivision (e) and need not include the content of the comments as a part of the record of proceedings.
(7)Within five calendar days after the filing of the notice required by subdivision (a) of Section 21152, the lead agency shall certify the record of proceedings for the approval or determination and shall provide an electronic copy of the record of proceedings to a party that has submitted a written request for a copy. The lead agency may charge and collect a reasonable fee from a party requesting a copy of the record of proceedings for the electronic copy, which shall not exceed the reasonable cost of reproducing that copy.
(8)Within 10 calendar days after being served with a complaint or a petition for a writ of mandate, the lead agency shall lodge a copy of the certified record of proceedings with the superior court.
(9)Any dispute over the content of the record of proceedings shall be resolved by the superior court. Unless the superior court directs otherwise, a party disputing the content of the record of proceedings shall file a motion to augment the record of proceedings at the time it files its initial brief.
(10)The contents of the record of proceedings shall be as set forth in subdivision (e) of Section 21167.6.
(g)This section applies only to an environmental leadership transit project that is approved by the lead agency on or before January 1, 2024. 2025.
(h)This section shall only apply to the first seven projects obtaining a certified environmental impact report and meeting the requirements of this section.
(i)This section shall remain in effect only until January 1, 2025, 2026, and as of that date is repealed.
SEC. 2.SEC. 3.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)Interim motel housing project or project means the conversion of a structure with a certificate of occupancy as a motel, hotel, residential hotel, or hostel to supportive or transitional housing, and the conversion meets one or both of the following conditions:
(A)It does not result in the expansion of more than 10 percent of the floor area of any individual living unit in the structure.
(B)It does not result in any significant effects relating to traffic, noise, air quality, or water quality.
(2)Residential hotel has the same meaning as defined in Section 50519 of the Health and Safety Code.
(3)Supportive housing means housing linked to onsite or offsite supportive services and with no limit on length of stay for persons with low incomes who have one or more disabilities and may include, among other populations, adults, emancipated minors, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homeless people.
(4)Supportive services means services that are provided on a voluntary basis to residents of supportive or transitional housing, including, but not limited to, a combination of subsidized and permanent housing services, intensive case management, medical and mental health care, substance abuse treatment, employment services, benefits advocacy, and other services or service referrals necessary to obtain and maintain housing.
(5)Transitional housing means temporary housing linked to supportive services that is offered, usually for a period of up to 24 months, to facilitate movement to permanent housing for persons with low incomes who may have one or more disabilities, and may include, among other populations, adults, emancipated minors, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homeless people.
(b)This division does not apply to an interim motel housing project.
(c)A lead agency that determines an interim motel housing project is exempt pursuant to this section shall file a notice of exemption in accordance with subdivision (b) of Section 21152 with the Office of Planning and Research.
(d)This section shall remain in effect only until January 1, 2025, 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.
|
Date
|
Status
|
|---|---|
| Oct 10, 2023 | Chaptered by Secretary of State. Chapter 732, Statutes of 2023. |
| Oct 10, 2023 | Approved by the Governor. |
| Sep 20, 2023 | Enrolled and presented to the Governor at 4:30 p.m. |
| Sep 13, 2023 | Assembly amendments concurred in. (Ayes 39. Noes 0. Page 2736.) Ordered to engrossing and enrolling. |
| Sep 12, 2023 | In Senate. Concurrence in Assembly amendments pending. |
| Sep 12, 2023 | Read third time. Passed. (Ayes 77. Noes 0. Page 3252.) Ordered to the Senate. |
| Sep 8, 2023 | Read third time and amended. |
| Sep 8, 2023 | Ordered to third reading. |
| Sep 5, 2023 | Read third time. Passed. (Ayes 76. Noes 0. Page 2927.) Ordered to the Senate. |
| Sep 5, 2023 | Action rescinded whereby bill was read third time, passed, and ordered to the Senate. |
| Aug 14, 2023 | Ordered to third reading. |
| Aug 14, 2023 | From consent calendar on motion of Assembly Member Boerner. |
| Jul 13, 2023 | Read second time. Ordered to consent calendar. |
| Jul 12, 2023 | From committee: Do pass. Ordered to consent calendar. (Ayes 15. Noes 0.) (July 12). |
| Jun 29, 2023 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 8. Noes 0.) (June 28). Re-referred to Com. on APPR. |
| Jun 13, 2023 | From committee: Do pass and re-refer to Com. on H. & C.D. with recommendation: To consent calendar. (Ayes 10. Noes 0.) (June 12). Re-referred to Com. on H. & C.D. |
| May 11, 2023 | Referred to Coms. on NAT. RES. and H. & C.D. |
| May 4, 2023 | In Assembly. Read first time. Held at Desk. |
| May 4, 2023 | Read third time. Passed. (Ayes 37. Noes 0. Page 1003.) Ordered to the Assembly. |
| May 2, 2023 | Read second time. Ordered to consent calendar. |
| May 1, 2023 | From committee: Be ordered to second reading pursuant to Senate Rule 28.8 and ordered to consent calendar. |
| Apr 21, 2023 | Set for hearing May 1. |
| Apr 19, 2023 | From committee: Do pass and re-refer to Com. on APPR with recommendation: To consent calendar. (Ayes 10. Noes 0. Page 796.) (April 18). Re-referred to Com. on APPR. |
| Mar 30, 2023 | Set for hearing April 18. |
| Mar 15, 2023 | From committee: Do pass and re-refer to Com. on HOUSING with recommendation: To consent calendar. (Ayes 7. Noes 0. Page 353.) (March 15). Re-referred to Com. on HOUSING. |
| Feb 10, 2023 | Set for hearing March 15. |
| Jan 25, 2023 | Referred to Coms. on E.Q. and HOUSING. |
| Jan 18, 2023 | From printer. May be acted upon on or after February 17. |
| Jan 17, 2023 | Introduced. Read first time. To Com. on RLS. for assignment. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Sep 13, 2023 | Unfinished Business SB91 Umberg Concurrence | Senate Floor |
Passed |
|
| Sep 12, 2023 | SB 91 Umberg Senate Third Reading By Lowenthal | Assembly Floor |
Passed |
|
| Sep 5, 2023 | SB 91 Umberg Senate Third Reading By Lowenthal | Assembly Floor |
Passed |
|
| Jul 12, 2023 | Do pass. To Consent Calendar. | Assembly Standing Committee on Appropriations |
Passed |
|
| Jun 28, 2023 | Do pass and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar | Assembly Standing Committee on Housing and Community Development |
Passed |
|
| Jun 12, 2023 | Do pass and be re-referred to the Committee on [Housing and Community Development] with recommendation: To Consent Calendar | Assembly Standing Committee on Natural Resources |
Passed |
|
| May 4, 2023 | Consent Calendar SB91 Umberg | Senate Floor |
Passed |
|
| Apr 18, 2023 | Do pass, but first be re-referred to the Committee on [Appropriations] with the recommendation: To Consent Calendar | Senate Standing Committee on Housing |
Passed |
|
| Mar 15, 2023 | Do pass, but first be re-referred to the Committee on [Housing] with the recommendation: To Consent Calendar | Senate Standing Committee on Environmental Quality |
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
|
|---|---|---|
| Aids Healthcare Foundation | ** Support | |
| American Planning Association, California Chapter | ** Support | |
| California Apartment Association | ** Support | |
| California State Association Of Counties | ** Support | |
| City and County of San Francisco | ** Support | |
| City of Long Beach | ** Support | |
| City of San Jose | ** Support | |
| City of Santa Monica | ** Support | |
| City Of Visalia | ** Support | |
| County of San Bernardino | ** Support | |
| County of Santa Clara | ** Support | |
| EAH Housing | ** Support | |
| Govern for California | ** Support | |
| LeadingAge California | ** Support | |
| London Breed, Mayor Of San Francisco | ** Support | |
| Mission Street Neighbors | ** Support | |
| New Livable California Dba Livable California | ** Support | |
| Orange County Board of Supervisors | ** Support | |
| Rural County Representatives of California | ** Support | |
| San Bernardino County | ** Support | |
| San Bernardino County Board of Supervisors | ** Support | |
| San Gabriel Valley Council Of Governments | ** Support | |
| Southern California Rental Housing Association | ** Support | |
| Urban Counties of California | ** Support |
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB 91 |
UNFINISHED BUSINESS
Bill No: SB 91
Author: Umberg (D)
Amended: 9/8/23
Vote: 21
SENATE ENVIRONMENTAL QUALITY COMMITTEE: 7-0, 3/15/23
AYES: Allen, Dahle, Gonzalez, Hurtado, Menjivar, Nguyen, Skinner
SENATE HOUSING COMMITTEE: 10-0, 4/18/23
AYES: Wiener, Ochoa Bogh, Blakespear, Caballero, Cortese, McGuire, Seyarto, Skinner, Umberg, Wahab
NO VOTE RECORDED: Padilla
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
SENATE FLOOR: 37-0, 5/4/23 (Consent)
AYES: Allen, Alvarado-Gil, Archuleta, Ashby, Atkins, Becker, Bradford, Caballero, Cortese, Dahle, Dodd, Durazo, Eggman, Glazer, Grove, Hurtado, Jones, Laird, McGuire, Menjivar, Min, Newman, Nguyen, Niello, Ochoa Bogh, Padilla, Portantino, Roth, Rubio, Seyarto, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener, Wilk
NO VOTE RECORDED: Blakespear, Gonzalez, Limón
ASSEMBLY FLOOR: 77-0, 9/12/23 - See last page for vote
SUBJECT: California Environmental Quality Act: supportive and transitional housing: motel conversion: environmental leadership transit projects
SOURCE: Author
DIGEST:
This bill (1) eliminates the January 1, 2025, sunset date on a provision of state law that exempts from California Environmental Quality Act (CEQA) certain projects that convert a motel, hotel, residential hotel, or hostel to supportive or transitional housing and (2) extends CEQA streamlining provisions for “environmental leadership transit projects” (ELTPs) located within the County of Los Angeles that meet certain specified requirements.
Assembly Amendments
adds the provision that extends by one year the sunset on CEQA streamlining for ELTPs established in SB 44 (Allen, Chapter 622, Statutes of 2021).
ANALYSIS:
Existing law:
- Requires, pursuant to CEQA, lead agencies with the principal responsibility for carrying out or approving a project to prepare a negative declaration (ND), mitigated negative declaration (MND), or environmental impact report (EIR) for the project, unless the project is exempt from CEQA. (Public Resources Code (PRC) §21000 et seq.). If a project may have a significant effect on the environment, the lead agency must prepare a draft EIR. (CEQA Guidelines §15064(a)(1), (f)(1)).
- Exempts from CEQA, until January 1, 2025, “interim motel housing projects” that don’t result in the expansion of more than 10 percent of the floor area of any individual living unit in the structure or if it does not result in any significant effects relating to traffic, noise, air quality, or water quality. (PRC §21080.50)
- Defines “residential hotel,” “supportive housing,” “transitional housing,” and “supportive services.” (PRC §21080.50)
- Requires a lead agency that determines an interim motel housing project is exempt pursuant to these provisions to file a notice of exemption with the Office of Planning and Research (OPR). (PRC §21080.50)
- Provides that, under CEQA, in certain specified actions or proceedings, the plaintiff or petitioner may elect to prepare the record of proceedings, subject to certification of its accuracy by the public agency. CEQA requires that a copy of the certified record of proceedings be lodged with the court.
- Authorizes, under the Jobs and Economic Improvement Through Environmental Leadership Act of 2021 (Leadership Act), the Governor, before January 1, 2024, to certify projects that meet specified requirements for streamlining benefits related to CEQA, including the requirement that judicial actions challenging the action of a lead agency for projects certified by the Governor be resolved, to the extent feasible, within 270 days after the filing of the record of proceedings with the court.
This bill:
- Eliminates the January 1, 2025, sunset date of the CEQA exemption interim for motel housing projects described above.
- Extends CEQA streamlining provisions by one year for (ELTPs) located within the County of Los Angeles that meet certain specified requirements.
- Provides ELTP projects are eligible for streamlining that requires the concurrent preparation of the administrative record with environmental review and grants expedited judicial review for those projects, requiring that the CEQA case be heard in 270 days, including all appeals, as feasible.
- Provides to be eligible for streamlining as an ELTP, transit projects must me certain environmental and labor criteria. These criteria include:
- Any fixed guideway operates at zero-emissions.
- The project reduces greenhouse gases directly, without using offsets
- The project reduces vehicle miles traveled (VMT) no less than 30 million miles.
- The project is consistent with an applicable sustainable communities strategy or alternative planning strategy and applicable regional transportation plan.
- The project applicant incorporates sustainable infrastructure practices as specified.
- Contractors and subcontractors are required to pay all construction workers employed in the execution of the project at least the general prevailing rate of per diem wages and requires eligible projects to use a skilled and trained workforce, as defined, to perform all construction work on the project.
Background
- The A, B, C’s of CEQA. CEQA was enacted by the Legislature and signed into law by Governor Ronald Reagan in 1970. While it has evolved into a very complex Act over the past 53 years, at its core the basic principles of CEQA are relatively simple.
It 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 on the environment.
CEQA is self-executing statute that is enforced by civil lawsuits that can challenge any project’s environmental review. Public agencies as well as private individuals and organizations can file lawsuits under CEQA.
- CEQA Statues vs. CEQA Guidelines. CEQA is based in the Public Resources Code and was enacted by the Legislature and Governor Reagan in 1970. The majority of CEQA’s rules and restrictions are set forth in statute – along with many exemptions and streamlining provisions enacted by subsequent Legislatures and Governors.
One provision of the statute – PRC §21083 – requires OPR and the California Natural Resources Agency to both publish and periodically update the CEQA Guidelines.
The Guidelines are administrative regulations that govern how CEQA is implemented. They reflect both the requirements set out in statute, as well as court decisions interpreting the statute and practical planning considerations.
Among other things, the Guidelines explain how to determine whether an activity is subject to environmental review, what steps are involved in the environmental review process, and the required content of environmental documents. The CEQA Guidelines apply to public agencies throughout the state, including local governments, special districts, and state agencies.
- CEQA Streamlining for Environmental Leadership Projects. California has established administrative and judicial CEQA streamlining provisions for projects it deems as environmental and labor leaders. CEQA streamlining specifies that certified projects are required to prepare the administrative record, the comprehensive document at the heart of CEQA cases, concurrently, rather than sequentially, with the environmental review. Secondly, certified projects are given expedited judicial review requiring that the CEQA case be heard in 270 days, including all appeals, as feasible.
Streamlining for CEQA was initially approved for specified “Environmental Leadership Development Projects” (ELDPs) through the Environmental Leadership Act of 2021 AB 900 (Buchanan, Chapter 354, Statutes of 2011). AB 900 was later revised and re-enacted in SB 7 (Atkins, 2021) which extended the program to January 1, 2024 for the Governor certification deadline of January a lead agency approval deadline of January 1, 2025, and a sunset of January 1, 2026. Public transit and other publicly financed projects are not eligible for expedited review under SB 7. Most recently, numerous infrastructure projects were made eligible for CEQA streamlining that mirrored the streamlining provisions in the ELDP as part of a deal between the Governor’s proposed infrastructure package and the legislature's trailer bill SB 149 (Caballero, Chapter 60, Statutes of 2023.)
Comments
- Purpose of Bill. According to the author, “SB 91 will make permanent a successful CEQA exemption that facilities housing for homelessness. SB 450 (Umberg 2019) exempted certain supportive and transitional housing projects from CEQA until January 1, 2025. Cities who decided to utilize this exemption were able to streamline motel conversions, which helped to alleviate public safety concerns caused by identified nuisance motels while simultaneously providing supportive housing units to address the state’s housing and homeless crisis.
“Currently many families experiencing homelessness are already temporarily living in motels through motel voucher programs. Communities have identified these motels as hubs for illegal activities, including human trafficking, crime, and blight on surrounding neighborhoods. SB 450 passed in 2019 and spurred motel conversion projects to better house individuals as soon as possible. As of June 2022, Project Roomkey, which utilizes this exemption, has filled over 10,600 hotel rooms and leased over 15,800.”
- How Often Has the Supportive or Transitional Housing Exemption Been Used? As of January 25, 2023, it appears the exemption this bill seeks to extend has been used 17 times, mostly in connection with Project Homekey. According to the author, the exemption has helped convert at least 804 units to supportive housing in southern California. Enacted as part of the 2020-21 state budget, Project Homekey seeks to provide permanent and interim homes for people looking to escaped homelessness. Grant recipients – cities, counties, and other state, regional and local public entities – have until June 30, 2026, to spend any awards they have received.
- Not Everyone Loves a California Sunset. The CEQA exemption this bill looks to extend has only been in existence for two years, sunset clauses are placed in measures to give the Legislature an opportunity to review a particular program and determine its effectiveness before deciding if extending or removing the sunset clause is necessary or warranted.
- Extends a Sunset in Existing Law. Assembly floor amendments to SB 91 would extend the sunset for CEQA streamlining provision established in SB 44 (Allen, Chapter 633, Statutes of 2021) by one year, allowing approval for CEQA streamlining until Jan 1, 2025 and allowing projects that receive that approval to receive streamlining until Jan 1, 2026. SB 44 created CEQA judicial and administrative streamlining for up to seven “environmental leadership transit projects” (ELTPs) in Los Angeles County.
To be eligible for streamlining as an ELTP, transit projects must meet very high environmental and labor criteria, including that the project reduces greenhouse gases by tens or hundreds of thousands of metric tons without using offsets, reduces VMTs by at least 30 million miles, and incorporates sustainable infrastructure practices.
- What projects are on the table for CEQA streamlining? Currently, only one project has received CEQA streamlining under the provisions of SB 44 (Allen, 2021): a privately financed gondola from Union Station to Dodgers Stadium. This project is currently underway, although it may not be on schedule to receive eligibility approval for ELTP CEQA streamlining by Jan 1, 2024.
In addition to this project which is “in the works”, SB 44 (Allen, 2021) was crafted to make a larger subset of potential projects eligible for streamlining, including four LA metro projects. These four metro projects—each identified as a high-priority, “pillar” project by Metro—would build new or extended fixed rail transit lines. These metro projects include the Gold Line Eastside Extension Phase 2, the Green Line Extension to Torrance, the Sepulveda Transit Corridor, and the West Santa Ana Branch to Downtown L.A. Any of these projects or others that meet the specific criteria in SB 44 could benefit from this sunset extension.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
According to the Assembly Appropriations Committee, negligible state costs.
SUPPORT: (Verified 9/12/23)
California Apartment Association
California State Association of Counties
City and County of San Francisco
City of Long Beach
City of Santa Monica
City of Visalia
County of Santa Clara
Eah Housing
London Breed, Mayor of San Francisco
Mission Street Neighbors
New Livable California Dba Livable California
Rural County Representatives of California
San Bernardino County
San Gabriel Valley Council of Governments
Southern California Rental Housing Association
Urban Counties of California
OPPOSITION: (Verified 9/12/23)
None received
ASSEMBLY FLOOR: 77-0, 9/12/23
AYES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Cervantes, Chen, Connolly, Megan Dahle, Davies, Dixon, Essayli, Flora, Mike Fong, Vince Fong, Friedman, Gabriel, 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, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Luz Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Robert Rivas
NO VOTE RECORDED: Boerner, Gallagher, Joe Patterson
Prepared by: Brynn Cook / E.Q. / (916) 651-4108
9/12/23 19:10:59
SENATE THIRD READING
STR Bill Id:SB 91
Author:(Umberg)
As Amended Ver:September 8, 2023
Majority vote
SUMMARY
Strikes the existing January 1, 2025, sunset on an exemption from the California Environmental Quality Act (CEQA) for an "interim motel housing project" (conversion of a motel to supportive or transitional housing) added by SB 450 (Umberg), Chapter 344, Statutes of 2019.
Extends the deadline and sunset for one year for expedited administrative and judicial review procedures under CEQA for up to seven zero-emission, fixed guideway transit projects located in Los Angeles County added by SB 44 (Allen), Chapter 633, Statutes of 2021.
Major Provisions
- Strikes the existing sunset on the exemption for interim motel housing projects.
- Extends the deadline for expedited judicial review of environmental leadership transit projects for one year.
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, and 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.
This bill seems to describe a project where there would be no significant environmental effects compared to the baseline of an existing motel, and where the issues are more likely to be zoning than environmental. Supportive and transitional housing projects already eligible for CEQA exemption or approval by right. Also, residential conversions where there is no expansion of use may be exempt under the CEQA Guidelines.
According to the Office of Planning and Research, since SB 450 was enacted in 2020, 15 notices of exemption have been filed relying on this exemption.
According to the Author
SB 91 will make permanent a successful CEQA exemption that facilitates housing for the homeless. SB 450 exempted certain supportive and transitional housing projects from CEQA until January 1, 2025. Cities who decided to utilize this exemption were able to streamline motel conversions, which helped to alleviate public safety concerns caused by identified nuisance motels while simultaneously providing supportive housing units to address the state's housing and homeless crisis. Currently many families experiencing homelessness are already temporarily living in motels through motel voucher programs. Communities have identified these motels as hubs for illegal activities, including human trafficking, crime, and blight on surrounding neighborhoods. While many of these motels are ideal sites for affordable housing, the CEQA process currently has costs ranging from $100,000 to $1 million per project as well as administrative and litigation delays that prevent timely housing to those experiencing homelessness. SB 450 passed in 2019 and spurred motel conversion projects to better house individuals as soon as possible. As of June 2022, Project Roomkey, which utilizes this exemption, has filled over 10,600 hotel rooms and leased over 15,800. Due to the CEQA exemption’s resounding success, SB 91 is needed to permanently extend the exemption.
Arguments in Support
According to the City of Long Beach, in 2019, Long Beach was proud to sponsor legislation to exempt interim motel housing projects from CEQA, to allow for expedited conversion into much-needed housing for vulnerable individuals and families. SB 91 would extend this streamlining indefinitely, helping Long Beach and other communities address the growing need for supportive and transitional housing.
Arguments in Opposition
None received.
FISCAL COMMENTS
According to the Assembly Appropriations Committee, negligible state costs.
VOTES
SENATE FLOOR: 37-0-3
YES: Allen, Alvarado-Gil, Archuleta, Ashby, Atkins, Becker, Bradford, Caballero, Cortese, Dahle, Dodd, Durazo, Eggman, Glazer, Grove, Hurtado, Jones, Laird, McGuire, Menjivar, Min, Newman, Nguyen, Niello, Ochoa Bogh, Padilla, Portantino, Roth, Rubio, Seyarto, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener, Wilk
ABS, ABST OR NV: Blakespear, Gonzalez, Limón
ASM NATURAL RESOURCES: 10-0-1
YES: Luz Rivas, Flora, Friedman, Hoover, Mathis, Muratsuchi, Pellerin, Ward, Wood, Zbur
ABS, ABST OR NV: Addis
ASM HOUSING AND COMMUNITY DEVELOPMENT: 8-0-0
YES: Wicks, Joe Patterson, Wendy Carrillo, Gabriel, Kalra, Quirk-Silva, Sanchez, Ward
ASM APPROPRIATIONS: 15-0-1
YES: Holden, Megan Dahle, Bonta, Wendy Carrillo, Dixon, Mike Fong, Hart, Lowenthal, Mathis, Papan, Pellerin, Sanchez, Soria, Weber, Wilson
ABS, ABST OR NV: Bryan
ASSEMBLY FLOOR: 76-0-4
YES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Cervantes, Chen, Connolly, Megan Dahle, Davies, Dixon, Essayli, Flora, Mike Fong, Vince Fong, Friedman, Gabriel, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, Mathis, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Luz Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Robert Rivas
ABS, ABST OR NV: Boerner, Gallagher, McCarty, Jim Patterson
UPDATED
VERSION: September 8, 2023
CONSULTANT: Lawrence Lingbloom / NAT. RES. / (916) 319-2092 FN: 0002086
SENATE THIRD READING
STR Bill Id:SB 91
Author:(Umberg)
As Introduced Ver:January 17, 2023
Majority vote
SUMMARY
Strikes the existing January 1, 2025, sunset on an exemption from the California Environmental Quality Act (CEQA) for an "interim motel housing project" (conversion of a motel to supportive or transitional housing) added by SB 450 (Umberg), Chapter 344, Statutes of 2019.
Major Provisions
Strikes the existing sunset.
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, and 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.
This bill seems to describe a project where there would be no significant environmental effects compared to the baseline of an existing motel, and where the issues are more likely to be zoning than environmental. Supportive and transitional housing projects already eligible for CEQA exemption or approval by right. Also, residential conversions where there is no expansion of use may be exempt under the CEQA Guidelines.
According to the Office of Planning and Research, since SB 450 was enacted in 2020, 15 notices of exemption have been filed relying on this exemption.
According to the Author
SB 91 will make permanent a successful CEQA exemption that facilitates housing for the homeless. SB 450 exempted certain supportive and transitional housing projects from CEQA until January 1, 2025. Cities who decided to utilize this exemption were able to streamline motel conversions, which helped to alleviate public safety concerns caused by identified nuisance motels while simultaneously providing supportive housing units to address the state’s housing and homeless crisis. Currently many families experiencing homelessness are already temporarily living in motels through motel voucher programs. Communities have identified these motels as hubs for illegal activities, including human trafficking, crime, and blight on surrounding neighborhoods. While many of these motels are ideal sites for affordable housing, the CEQA process currently has costs ranging from $100,000 to $1,000,000 per project as well as administrative and litigation delays that prevent timely housing to those experiencing homelessness. SB 450 passed in 2019 and spurred motel conversion projects to better house individuals as soon as possible. As of June 2022, Project Roomkey, which utilizes this exemption, has filled over 10,600 hotel rooms and leased over 15,800. Due to the CEQA exemption’s resounding success, SB 91 is needed to permanently extend the exemption.
Arguments in Support
According to the City of Long Beach, in 2019, Long Beach was proud to sponsor legislation to exempt interim motel housing projects from CEQA, to allow for expedited conversion into much-needed housing for vulnerable individuals and families. SB 91 would extend this streamlining indefinitely, helping Long Beach and other communities address the growing need for supportive and transitional housing.
Arguments in Opposition
None received.
FISCAL COMMENTS
According to the Assembly Appropriations Committee, negligible state costs.
VOTES
SENATE FLOOR: 37-0-3
YES: Allen, Alvarado-Gil, Archuleta, Ashby, Atkins, Becker, Bradford, Caballero, Cortese, Dahle, Dodd, Durazo, Eggman, Glazer, Grove, Hurtado, Jones, Laird, McGuire, Menjivar, Min, Newman, Nguyen, Niello, Ochoa Bogh, Padilla, Portantino, Roth, Rubio, Seyarto, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener, Wilk
ABS, ABST OR NV: Blakespear, Gonzalez, Limón
ASM NATURAL RESOURCES: 10-0-1
YES: Luz Rivas, Flora, Friedman, Hoover, Mathis, Muratsuchi, Pellerin, Ward, Wood, Zbur
ABS, ABST OR NV: Addis
ASM HOUSING AND COMMUNITY DEVELOPMENT: 8-0-0
YES: Wicks, Joe Patterson, Wendy Carrillo, Gabriel, Kalra, Quirk-Silva, Sanchez, Ward
ASM APPROPRIATIONS: 15-0-1
YES: Holden, Megan Dahle, Bonta, Wendy Carrillo, Dixon, Mike Fong, Hart, Lowenthal, Mathis, Papan, Pellerin, Sanchez, Soria, Weber, Wilson
ABS, ABST OR NV: Bryan
UPDATED
VERSION: January 17, 2023
CONSULTANT: Lawrence Lingbloom / NAT. RES. / (916) 319-2092 FN: 0001247
Date of Hearing: July 12, 2023
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Chris Holden, Chair
SBPCA Bill Id:SB 91
Author:(Umberg) – As Introduced Ver:January 17, 2023
Policy Committee: | Natural Resources | Vote: | 10 - 0 |
Housing and Community Development | 8 - 0 | ||
|
|
Urgency: No State Mandated Local Program: Yes Reimbursable: No
SUMMARY:
This bill strikes the sunset date of January 1, 2025 on an exemption from the California Environmental Quality Act (CEQA) for an "interim motel housing project,” thereby making the exemption permanent.
FISCAL EFFECT:
Negligible state costs.
COMMENTS:
1) Purpose. According to the author:
SB 91 will make permanent a successful CEQA exemption that facilitates housing for the homeless. SB 450 exempted certain supportive and transitional housing projects from CEQA until January 1, 2025. Cities who decided to utilize this exemption were able to streamline motel conversions, which helped to alleviate public safety concerns caused by identified nuisance motels while simultaneously providing supportive housing units to address the state’s housing and homeless crisis.
2) Background. CEQA includes various statutory exemptions, as well as categorical exemptions in the CEQA Guidelines, for a wide range of residential projects. 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 CEQA does not apply. A few existing CEQA exemptions are specific to projects with an affordable housing fraction, and 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.
SB 450 (Umberg), Chapter 344, Statutes of 2019, created a five-year CEQA exemption for the conversion of hotels and motels into supportive or transitional housing. Two months after SB 450 went into effect, the COVID-19 pandemic struck California. As detailed in the Assembly Housing and Community Development Committee analysis of this bill, the effects of the pandemic were myriad, including increased health risks to homeless individuals and the shuttering of hotels and motels reliant on travelers who were sheltering in place. In recognition of this, the state began a large-scale program of converting hotel and motel rooms, as well as other existing spaces, into housing for people experiencing homelessness, first through the Project Roomkey program, and then through Homekey. These programs, established through AB 83 (Assembly Committee on the Budget), Chapter 15, Statutes of 2020, have resulted in the approval of nearly 7,000 units.
AB 83 and subsequently AB 211 (Assembly Committee on the Budget), Chapter 111, Statutes of 2021, created a similar CEQA exemption as the one provided by SB 450, specific to conversions funded by Project Homekey. According to data from the Office of Planning and Research, 24 projects have utilized the exemption created by SB 450, and 20 have utilized the exemptions created by AB 83 and AB 211. This bill makes permanent the CEQA exemption created by SB 450.
Analysis Prepared by: Nikita Koraddi / APPR. / (916) 319-2081
Date of Hearing: June 28, 2023
ASSEMBLY COMMITTEE ON HOUSING AND COMMUNITY DEVELOPMENT
Buffy Wicks, Chair
SBPCA Bill Id:SB 91
Author:(Umberg) – As Introduced Ver:January 17, 2023
SENATE VOTE: 37-0
SUBJECT: California Environmental Quality Act: exemption: supportive and transitional housing: motel conversion
SUMMARY: Eliminates the January 1, 2025 sunset date on a provision of state law that exempts certain projects that convert a motel, hotel, residential hotel, or hostel to supportive or transitional housing from the California Environmental Quality Act (CEQA).
EXISTING LAW:
- 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. (Public Resources Code (PRC) Section 21000 et seq)
- Defines “interim motel housing project” as a conversion of a motel, hotel, residential hotel, or hostel into supportive or transitional housing and the conversion meets one or both of the following conditions:
- It does not result in the expansion of more than 10 percent of the floor area of any individual living unit in the structure; and
- It does not result in any significant effects relating to traffic, noise, air quality, or water quality. (PRC 21080.50(a)(1))
- Defines “supportive housing” to mean housing linked to onsite or offsite supportive services and with no limit on length of stay for persons with low incomes who have one or more disabilities. (PRC 21080.50(a)(3))
- Defines “transitional housing” to mean temporary housing linked to supportive services that is offered, usually for a period of up to 24 months, to facilitate movement to permanent housing for persons with low incomes who may have one or more disabilities. (PRC 21080.50(a)(5))
- Exempts from CEQA, until January 1, 2025, conversion of hotels and motels into supportive or transitional housing. (PRC 21080.50(b))
- Exempts from CEQA, until July 1, 2024, conversion of existing spaces into housing for homeless individuals. (Health and Safety Code Section 50675.1.4)
FISCAL EFFECT: Unknown.
COMMENTS:
Author’s Statement: According to the author, “SB 91 will make permanent a successful California Environmental Quality Act (CEQA) exemption that facilities housing for homelessness. SB 450 (Umberg 2019) exempted certain supportive and transitional housing projects from the California Environmental Quality Act (CEQA) until January 1, 2025. Cities who decided to utilize this exemption were able to streamline motel conversions, which helped to alleviate public safety concerns caused by identified nuisance motels while simultaneously providing supportive housing units to address the state’s housing and homeless crisis. Currently many families experiencing homelessness are already temporarily living in motels through motel voucher programs. Communities have identified these motels as hubs for illegal activities, including human trafficking, crime, and blight on surrounding neighborhoods. While many of these motels are ideal sites for affordable housing, the CEQA process currently has costs ranging from $100,000 to $1,000,000 per project as well as administrative and litigation delays that prevent timely housing to those experiencing homelessness. SB 450 passed in 2019 and spurred motel conversion projects to better house individuals as soon as possible. As of June 2022, Project Roomkey, which utilizes this exemption, has filled over 10,600 hotel rooms and leased over 15,800. Due to the CEQA exemption’s resounding success, SB 91 is needed to permanently extend the exemption.”
Homelessness: In 2022, over 170,000 Californians experienced homelessness on a given night. This represents 30 percent of the nation’s homeless population, despite California representing only 12 percent of the nation’s overall population. Two-thirds of the homeless population is unhoused. Approximately 145,000 of the state’s homeless are individuals, and 25,000 are families with children.[1]
There are myriad reasons for homelessness, but insufficient affordable housing is the main cause. The Department of Housing and Community Development’s (HCD’s) 2022 Statewide Housing Plan found that California needs approximately 2.5 million units of housing over the next eight years to address this mismatch, including nearly 650,000 units to very-low income households (i.e., households making less than half of the area median income).[2]
Providing Supportive Housing for People Experiencing Homelessness: High demand, restrictive zoning, challenging approval processes, and high costs all contribute to California’s housing shortage. The lack of affordable housing is further hampered by a shortage of funding to build affordable and supportive housing. A portion of people experiencing homelessness require supportive housing, which is low to no-cost housing with wrap around services that help people maintain housing. Such services include intensive case management, medical and mental health care, substance abuse treatment, employment services, and benefits advocacy. Housing for the formerly homeless is further limited by lack of funding for the supportive services required by many of the inhabitants of these units.
One solution to reduce the cost of providing lower-cost housing to homeless individuals is through the conversion of hotels and motels into housing. Because these buildings are already designed for overnight human habitation, the cost to rehabilitate them for longer-term use is a fraction of the cost of new construction.
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. For example, 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 of housing projects are able to utilize the CEQA process to delay and potentially block these projects, or to utilize their leverage into receiving concessions from the developer. To mitigate this risk, project proponents and lead agencies often take a cautious approach that involves a level of analysis and process that may exceed what is necessary to meet the letter of the law.
In recognition of this, and to facilitate certain kinds of housing, the state has created myriad exemptions to CEQA – both through statute and regulations. In 2019, SB 450 (Umberg, Chapter 344, Statutes of 2019) created a five-year CEQA exemption for the conversion of hotels and motels into supportive or transitional housing. The timing of this exemption was fortuitous – two months after this bill became effective, the COVID-19 pandemic struck California. The effects of the pandemic were myriad, including increased health risks to homeless individuals, and the shuttering of hotels and motels reliant on travelers who were now sheltering in place. In recognition of this, the state began a large-scale program of converting hotel and motel rooms, as well as other existing spaces, into housing for people experiencing homelessness, first through the Project Roomkey program, and then through Homekey. These programs, established through AB 83 (Assembly Committee on the Budget, Chapter 15, Statutes of 2020), have resulted in the approval of nearly 7,000 units.[3]
AB 83, and subsequently AB 211 (Assembly Committee on the Budget, Chapter 111, Statutes of 2021), created a similar CEQA exemption as the one provided by SB 450, specific to conversions funded by Project Homekey. According to data from the State’s Office of Planning and Research, 24 projects have utilized the exemption created by SB 450, and 20 have utilized the exemptions created by AB 83 and AB 211.
This bill would make permanent the CEQA exemption created by SB 450. This would enable the continued exemption from CEQA of hotels and motels converted into supportive and transitional housing for those projects that do not receive funding from Homekey. This is especially relevant should the state stop funding Homekey though its annual budget.
Arguments in Support: Supporters of the bill argue that the bill is an important tool to help economically facilitate the provision housing for homeless individuals. According to the County of Orange, “SB 91 would bolster Orange County’s ongoing efforts to combat homelessness by permanently continuing the current streamlined environmental review process, allowing for continued County-driven supportive services for our unhoused population through the expeditious conversion of eligible existing sites for supportive or transitional housing.”
Arguments in Opposition: None on file.
Related Legislation:
SB 1284 (Bates) of 2022 would have, similar to this bill, removed the sunset date on the CEQA exemption for the conversion of hotels and motels into supportive or transitional housing. It also would have eliminated the requirement that applicants for state housing and homeless programs comply with Housing First policies. This bill died in the Senate Committee on Housing.
AB 211 (Assembly Committee on the Budget, Chapter 111, Statutes of 2021): This bill, among other things, created a new CEQA exemption for projects funded by Project Homekey. This exemption is set to expire on July 1, 2024.
AB 83 (Assembly Committee on the Budget, Chapter 15, Statutes of 2020): This bill, among other things, created a new CEQA exemption for projects funded by Project Homekey. This exemption expired on July 1, 2022.
SB 450 (Umberg, Chapter 344, Statutes of 2019): Created the CEQA exemption that this bill seeks to make permanent.
Double Referred: This bill was also referred to the Assembly Committee on Natural Resources, where it was passed on a vote of 10-0.
REGISTERED SUPPORT / OPPOSITION:
Support
City of Visalia
Aids Healthcare Foundation
American Planning Association, California Chapter
California Apartment Association
California State Association of Counties
City and County of San Francisco
City of Long Beach
City of San Jose
City of Santa Monica
County of Santa Clara
EAH Housing
Govern for California
LeadingAge California
Livable California
Mission Street Neighbors
Orange County Board of Supervisors
Rural County Representatives of California
San Bernardino County Board of Supervisors
San Gabriel Valley Council of Governments
Southern California Rental Housing Association
Urban Counties of California
Opposition
None on file.
Analysis Prepared by: Steve Wertheim / H. & C.D. / (916) 319-2085
All statistics in this paragraph come from: US Department of Housing and Urban Development, “The 2022 Annual Homelessness Assessment Report (AHAR) to Congress”: https://www.huduser.gov/portal/sites/default/files/pdf/2022-AHAR-Part-1.pdf ↑
HCD, March 2022, “California Statewide Housing Plan: A Home for Every Californian”: https://storymaps.arcgis.com/stories/94729ab1648d43b1811c1698a748c136 ↑
https://www.hcd.ca.gov/grants-and-funding/homekey/awards-dashboard ↑
Date of Hearing: June 12, 2023
ASSEMBLY COMMITTEE ON NATURAL RESOURCES
Luz Rivas, Chair
SBPCA Bill Id:SB 91
Author:(Umberg) – As Introduced Ver:January 17, 2023
SENATE VOTE: 37-0
SUBJECT: California Environmental Quality Act: exemption: supportive and transitional housing: motel conversion
SUMMARY: Strikes the existing January 1, 2025, sunset on an exemption from the California Environmental Quality Act (CEQA) for an "interim motel housing project" (conversion of a motel to supportive or transitional housing) added by SB 450 (Umberg), Chapter 344, Statutes of 2019.
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 (CEQA includes various statutory exemptions, as well as categorical exemptions in the CEQA guidelines). (Public Resources Code (PRC) 21000, et seq.)
- Requires cities and counties to accommodate their need for emergency shelters on sites where the use is allowed without a conditional use permit (i.e., not subject to CEQA) and requires cities and counties to treat transitional and supportive housing projects as a residential use of property. (Government Code (GC) 65589.5)
- Requires supportive housing to be a use by right (meaning that the local government’s review may not require a conditional use permit, planned unit development permit, or other discretionary local government review or approval that would constitute a “project” for purposes of CEQA) in zones where multifamily and mixed uses are permitted if the proposed housing development satisfies specified requirements. (GC 65650 et seq.)
- 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. (GC 65913.4)
- Exempts from CEQA multifamily 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)
- Exempts from CEQA an "interim motel housing project" until January 1, 2025. (PRC 21080.50)
FISCAL EFFECT: According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS:
- 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, and 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.
This bill seems to describe a project where there would be no significant environmental effects compared to the baseline of an existing motel, and where the issues are more likely to be zoning than environmental. Supportive and transitional housing projects already eligible for CEQA exemption or approval by right. Also, residential conversions where there is no expansion of use may be exempt under the CEQA Guidelines.
According to the Office of Planning and Research, since SB 450 was enacted in 2020, 15 notices of exemption have been filed relying on this exemption.
- Author’s statement:
SB 91 will make permanent a successful CEQA exemption that facilitates housing for the homeless. SB 450 exempted certain supportive and transitional housing projects from CEQA until January 1, 2025. Cities who decided to utilize this exemption were able to streamline motel conversions, which helped to alleviate public safety concerns caused by identified nuisance motels while simultaneously providing supportive housing units to address the state’s housing and homeless crisis. Currently many families experiencing homelessness are already temporarily living in motels through motel voucher programs. Communities have identified these motels as hubs for illegal activities, including human trafficking, crime, and blight on surrounding neighborhoods. While many of these motels are ideal sites for affordable housing, the CEQA process currently has costs ranging from $100,000 to $1,000,000 per project as well as administrative and litigation delays that prevent timely housing to those experiencing homelessness. SB 450 passed in 2019 and spurred motel conversion projects to better house individuals as soon as possible. As of June 2022, Project Roomkey, which utilizes this exemption, has filled over 10,600 hotel rooms and leased over 15,800. Due to the CEQA exemption’s resounding success, SB 91 is needed to permanently extend the exemption.
- Double referral. This bill has been double-referred to the Assembly Housing and Community Development Committee.
REGISTERED SUPPORT / OPPOSITION:
Support
AIDS Healthcare Foundation
American Planning Association, California Chapter
California Apartment Association
California State Association of Counties
City and County of San Francisco
City of Long Beach
City of San Jose
City of Santa Monica
City of Visalia
County of Orange
County of Santa Clara
EAH Housing
Govern for California
London Breed, Mayor of San Francisco
Mission Street Neighbors
Livable California
Orange County Board of Supervisors
Rural County Representatives of California
San Bernardino County
Southern California Rental Housing Association
Urban Counties of California
Opposition
None on file
Analysis Prepared by: Lawrence Lingbloom / NAT. RES. /
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB 91 |
CONSENT
Bill No: SB 91
Author: Umberg (D)
Introduced: 1/17/23
Vote: 21
SENATE ENVIRONMENTAL QUALITY COMMITTEE: 7-0, 3/15/23
AYES: Allen, Dahle, Gonzalez, Hurtado, Menjivar, Nguyen, Skinner
SENATE HOUSING COMMITTEE: 10-0, 4/18/23
AYES: Wiener, Ochoa Bogh, Blakespear, Caballero, Cortese, McGuire, Seyarto, Skinner, Umberg, Wahab
NO VOTE RECORDED: Padilla
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
SUBJECT: California Environmental Quality Act: exemption: supportive and transitional housing: motel conversion
SOURCE: Author
DIGEST:
This bill eliminates the January 1, 2025 sunset date on a provision of state law that exempts from CEQA certain projects that convert a motel, hotel, residential hotel, or hostel to supportive or transitional housing.
ANALYSIS:
Existing law:
- Provides that CEQA requires lead agencies with the principal responsibility for carrying out or approving a project to prepare a negative declaration (ND), mitigated negative declaration (MND), or environmental impact report (EIR) for the project, unless the project is exempt from CEQA. (Public Resources Code (PRC) §21000 et seq.). If a project may have a significant effect on the environment, the lead agency must prepare a draft EIR. (CEQA Guidelines §15064(a)(1), (f)(1)).
- Exempts from CEQA, until January 1, 2025, “interim motel housing projects” that don’t result in the expansion of more than 10 percent of the floor area of any individual living unit in the structure or if it does not result in any significant effects relating to traffic, noise, air quality, or water quality. (PRC §21080.50)
- Defines “residential hotel,” “supportive housing,” “transitional housing,” and “supportive services.” (PRC §21080.50)
- Requires a lead agency that determines an interim motel housing project is exempt pursuant to these provisions to file a notice of exemption with the Office of Planning and Research (OPR). (PRC §21080.50)
This bill eliminates the January 1, 2025 sunset date of the CEQA-exemption described above, allowing it to continue in perpetuity.
Background
- The A, B, C’s of CEQA. CEQA was enacted by the Legislature and signed into law by Governor Ronald Reagan in 1970. While it has evolved into a very complex Act over the past 53 years, at its core the basic principles of CEQA are relatively simple.
It 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 on the environment.
CEQA is self-executing statute that is enforced by civil lawsuits that can challenge any project’s environmental review. Public agencies as well as private individuals and organizations can file lawsuits under CEQA.
- CEQA Statues vs. CEQA Guidelines. CEQA is based in the Public Resources Code and was enacted by the Legislature and Governor Reagan in 1970. The majority of CEQA’s rules and restrictions are set forth in statute – along with many of exemptions and streamlining provisions enacted by subsequent Legislatures and Governors.
One provision of the statute – PRC Section 21083 – requires OPR and the California Natural Resources Agency to both publish and periodically update the CEQA Guidelines.
The Guidelines are administrative regulations that govern how CEQA is implemented. They reflect both the requirements set out in statute, as well as court decisions interpreting the statute and practical planning considerations.
Among other things, the Guidelines explain how to determine whether an activity is subject to environmental review, what steps are involved in the environmental review process, and the required content of environmental documents. The CEQA Guidelines apply to public agencies throughout the state, including local governments, special districts, and state agencies.
Comments
- Purpose of Bill. According to the author, “SB 91 will make permanent a successful CEQA exemption that facilities housing for homelessness. SB 450 (Umberg 2019) exempted certain supportive and transitional housing projects from CEQA until January 1, 2025. Cities who decided to utilize this exemption were able to streamline motel conversions, which helped to alleviate public safety concerns caused by identified nuisance motels while simultaneously providing supportive housing units to address the state’s housing and homeless crisis.
“Currently many families experiencing homelessness are already temporarily living in motels through motel voucher programs. Communities have identified these motels as hubs for illegal activities, including human trafficking, crime, and blight on surrounding neighborhoods. SB 450 passed in 2019 and spurred motel conversion projects to better house individuals as soon as possible. As of June 2022, Project Roomkey, which utilizes this exemption, has filled over 10,600 hotel rooms and leased over 15,800.”
- How Often Has This Exemption Been Used? As of January 25, 2023, it appears the exemption this bill seeks to extend has been used 17 times, mostly in connection with Project Homekey. According to the author, the exemption has helped convert at least 804 units to supportive housing in southern California. Enacted as part of the 2020-21 State Budget, Project Homekey seeks to provide permanent and interim homes for people looking to escaped homelessness. Grant recipients – cities, counties, and other state, regional and local public entities – have until June 30, 2026, to spend any awards they have received.
- Not Everyone Loves a California Sunset. The CEQA exemption this bill looks to extend has only been in existence for two years. https://www.amazon.com/AmazonBasics-8-Sheet-Cross-Cut-Credit-Shredder/dp/B00YFTHJ9C/ref=sr_1_3?crid=3Q3SE30NQOU03&keywords=paper%2Bshredder&qid=1683070871&sprefix=paper%2Bshredder%2Caps%2C206&sr=8-3&th=1Generally, sunset clauses are placed in measures to give the Legislature an opportunity to review a particular program and determine its effectiveness before deciding if extending or removing the sunset clause is necessary or warranted.
Related/Prior Legislation
SB 450 (Umberg, Chapter 344, Statutes of 2019) created the exemption that this bill seeks to continue past its January 1, 2025 sunset date.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
SUPPORT: (Verified 5/2/23)
California Apartment Association
City of Long Beach
City of Santa Monica
County of Santa Clara
EAH Housing
New Livable California Dba Livable California
Rural County Representatives of California
San Bernardino County
Urban Counties of California
OPPOSITION: (Verified 5/2/23)
None received
Prepared by: Evan Goldberg / E.Q. / (916) 651-4108
5/3/23 15:07:38
**** END ****
SENATE COMMITTEE ON HOUSING
Senator Scott Wiener, Chair
2023 - 2024 Regular
Bill No: SB 91 Hearing Date: 4/18/2023
Author: | Umberg | ||
Version: | 1/17/2023 Introduced | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | Aiyana Cortez | ||
SUBJECT: California Environmental Quality Act: exemption: supportive and transitional housing: motel conversion
DIGEST: This bill eliminates the January 1, 2025 sunset date on a provision of state law that exempts from CEQA certain projects that convert a motel, hotel, residential hotel, or hostel to supportive or transitional housing.
ANALYSIS:
Existing law:
- Establishes the California Environmental Quality Act (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.
- Defines “interim motel housing project” as a conversion of a motel, hotel, residential hotel, or hostel into supportive or transitional housing.
- Exempts 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
This bill:
- Eliminates the January 1, 2025 sunset date of the CEQA-exemption described above, allowing it to continue in perpetuity.
COMMENTS:
- Author’s Statement. “SB 91 will make permanent a successful California Environmental Quality Act (CEQA) exemption that facilities housing for homelessness. SB 450 (Umberg 2019) exempted certain supportive and transitional housing projects from CEQA until January 1, 2025. Cities who decided to utilize this exemption were able to streamline motel conversions, which helped to alleviate public safety concerns caused by identified nuisance motels while simultaneously providing supportive housing units to address the state’s housing and homeless crisis. Many families experiencing homelessness are already temporarily living in motels through motel voucher programs. Communities have identified these motels as hubs for illegal activities, including human trafficking, crime, and blight on surrounding neighborhoods. While many of these motels are ideal sites for affordable housing, the CEQA process currently has costs ranging from $100,000 to $1,000,000 per project as well as administrative and litigation delays that prevent timely housing to those experiencing homelessness. SB 450 passed in 2019 and spurred motel conversion projects to better house individuals as soon as possible. As of June 2022, Project Roomkey, which utilizes this exemption, has filled over 10,600 hotel rooms and leased over 15,800. Due to the CEQA exemption’s resounding success, SB 91 is needed to permanently extend the exemption.”
- California has a housing shortage. The need for and costs of housing have consistently outpaced the development of affordable housing for over 30 years. The lack of supply is the primary factor underlying California’s housing crunch. The state HCD estimates that California needs to build 180,000 new homes a year to keep up with population growth. HCD noted in its statewide housing plan that California must plan for more than 2.5 million homes over the next eight-year cycle, and no less than one million of those homes must meet the needs of lower-income households.
- Housing needs and approvals generally. Every city and county in California is required to develop a general plan that outlines the community’s vision of future development through a series of policy statements and goals. A community’s general plan lays the foundation for all future land use decisions, as these decisions must be consistent with the plan. Each community’s general plan must include a housing element, which outlines a long-term plan for meeting the community’s existing and projected housing needs, which are allocated through the RHNA process. The housing element demonstrates how the community plans to accommodate its “fair share” of its region’s housing needs.
To do so, each community establishes an inventory of sites designated for new housing that is sufficient to accommodate its fair share. Communities also identify regulatory barriers to housing development and propose strategies to address those barriers. State law requires cities and counties to update their housing elements every eight years. Cities and counties enact zoning ordinances to implement their general plans. Zoning determines the type of housing that can be built. In addition, before building new housing, housing developers must obtain one or more permits from local planning departments and must also obtain approval from local planning commissions, city councils, or county board of supervisors.
Some housing projects can be permitted by city or county planning staff ministerially or without further approval from elected officials. Projects reviewed ministerially require only an administrative review designed to ensure they are consistent with existing general plan and zoning rules, as well as meet standards for building quality, health, and safety. Most large housing projects are not allowed ministerial review. Instead, these projects are vetted through both public hearings and administrative review. Most housing projects that require discretionary review and approval are subject to review under the California Environmental Quality Act (CEQA), while projects permitted ministerially generally are not.
- Projects already eligible for exemptions. Numerous types of projects may be eligible for an exemption from CEQA review pursuant to either a statutory exemption or a “categorical” exemption in the CEQA Guidelines. An interim motel housing project may already fit within the following already-existing exemptions:
- Projects consistent with applicable zoning and planning;
- Negligible expansions of existing public and private structures, facilities, mechanical equipment, or topographical features;
- Urban residential or mixed-use housing projects in unincorporated counties;
- Infill housing;
- Residential, employment center, or mixed-use development project in a transit priority-area; and
- Transit-priority and residential projects.
- Facilitating interim housing for persons experiencing homelessness. 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. Many housing are subject to review under the CEQA.
Development opponents can appeal many of the individual decisions related to the CEQA review to the planning commission and to the city council or board of supervisors. Litigation over approvals is also common. The building industry points to environmental reviews and other permitting hurdles as a hindrance to housing development. They argue that the high cost of building and delays in the approval process reduce builders’ incentives to develop housing.
Over the last two decades, the Legislature has passed a number of bills with statutory exemptions and other measures to streamline CEQA. In 2019, the legislature passed SB 450 (Umberg, Chapter 344, Statutes of 2019), which exempted, until January 1, 2025, interim motel housing projects from the requirements of CEQA. This bill would eliminate that sunset, which would facilitate the construction of interim units for persons experiencing homelessness.
- Seeing double. This bill is substantially similar to a portion of SB 1284 (Bates, 2022) that would have also removed the sunset for a CEQA exemption for interim motel conversion projects. SB 1284 included additional language that would have removed the requirement for applicants to state housing and homeless programs to comply with housing first policies. SB 1284 failed passage in the Senate Housing Committee.
- Double Referral. This bill was passed out of the Senate Environmental Quality Committee on March 15, 2023 with a vote of 7-0.
Related Legislation:
SB 1284 (Bates, 2022) — would have (1) removed the sunset date for a CEQA exemption for interim motel conversion projects, and (2) eliminated the requirement that applicants for state housing and homeless programs comply with housing first policies. This bill died in the Senate Housing Committee.
SB 450 (Umberg, Chapter 344, Statutes of 2019) — created the exemption of certain projects from CEQA that convert a motel, hotel, residential hotel, or hostel to supportive or transitional housing.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
POSITIONS: (Communicated to the committee before noon on Wednesday,
April 12, 2023.)
SUPPORT:
American Planning Association, California Chapter
California Apartment Association
California State Association of Counties
City and County of San Francisco
City of Long Beach
City of Santa Monica
County of Orange
County of San Bernardino
County of Santa Clara
EAH Housing
Livable California
Mission Street Neighbors
Urban Counties of California (UCC)
OPPOSITION:
None received.
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SENATE COMMITTEE ON
Senator Allen, Chair
2023 - 2024 Regular
Bill No: SB 91
Author: | Umberg | ||
Version: | 1/17/2023 | Hearing Date: | 3/15/2023 |
Urgency: | No | Fiscal: | Yes |
Consultant: | Evan Goldberg | ||
SUBJECT: California Environmental Quality Act (CEQA): exemption: supportive and transitional housing: motel conversion
DIGEST: This bill eliminates the January 1, 2025, sunset date on a provision of state law that exempts from CEQA certain projects that convert a motel, hotel, residential hotel, or hostel to supportive or transitional housing.
ANALYSIS:
Existing law:
- CEQA requires lead agencies with the principal responsibility for carrying out or approving a project to prepare a negative declaration (ND), mitigated negative declaration (MND), or environmental impact report (EIR) for the project, unless the project is exempt from CEQA. (Public Resources Code (PRC) §21000 et seq.). If a project may have a significant effect on the environment, the lead agency must prepare a draft EIR. (CEQA Guidelines §15064(a)(1), (f)(1)).
- Exempts from CEQA, until January 1, 2025, “interim motel housing projects” that don’t result in the expansion of more than 10 percent of the floor area of any individual living unit in the structure or if it does not result in any significant effects relating to traffic, noise, air quality, or water quality. (PRC §21080.50)
- Defines “residential hotel,” “supportive housing,” “transitional housing,” and “supportive services.” (PRC §21080.50)
- Requires a lead agency that determines an interim motel housing project is exempt pursuant to these provisions to file a notice of exemption with the Office of Planning and Research (OPR). (PRC §21080.50)
This bill:
- Eliminates the January 1, 2025, sunset date of the CEQA-exemption described above, allowing it to continue in perpetuity.
Background
- The A, B, C’s of CEQA. CEQA was enacted by the Legislature and signed into law by Governor Ronald Reagan in 1970. While it has evolved into a very complex Act over the past 53 years, at its core the basic principles of CEQA are relatively simple.
It 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 on the environment.
CEQA is self-executing statute that is enforced by civil lawsuits that can challenge any project’s environmental review. Public agencies as well as private individuals and organizations can file lawsuits under CEQA.
- CEQA Statues vs. CEQA Guidelines. CEQA is based in the Public Resources Code and was enacted by the Legislature and Governor Reagan in 1970. The majority of CEQA’s rules and restrictions are set forth in statute – along with many of exemptions and streamlining provisions enacted by subsequent Legislatures and Governors.
One provision of the statute – PRC §21083 – requires OPR and the California Natural Resources Agency to both publish and periodically update the CEQA Guidelines.
The Guidelines are administrative regulations that govern how CEQA is implemented. They reflect both the requirements set out in statute, as well as court decisions interpreting the statute and practical planning considerations.
Among other things, the Guidelines explain how to determine whether an activity is subject to environmental review, what steps are involved in the environmental review process, and the required content of environmental documents. The CEQA Guidelines apply to public agencies throughout the state, including local governments, special districts, and state agencies.
Comments
- Purpose of Bill. According to the author, “SB 91 will make permanent a successful CEQA exemption that facilities housing for homelessness. SB 450 (Umberg 2019) exempted certain supportive and transitional housing projects from CEQA until January 1, 2025. Cities who decided to utilize this exemption were able to streamline motel conversions, which helped to alleviate public safety concerns caused by identified nuisance motels while simultaneously providing supportive housing units to address the state’s housing and homeless crisis.
“Currently many families experiencing homelessness are already temporarily living in motels through motel voucher programs. Communities have identified these motels as hubs for illegal activities, including human trafficking, crime, and blight on surrounding neighborhoods. SB 450 passed in 2019 and spurred motel conversion projects to better house individuals as soon as possible. As of June 2022, Project Roomkey, which utilizes this exemption, has filled over 10,600 hotel rooms and leased over 15,800.”
- How Often Has This Exemption Been Used? As of January 25, 2023, it appears the exemption this bill seeks to extend has been used 17 times, mostly in connection with Project Homekey. According to the author, the exemption has helped convert at least 804 units to supportive housing in southern California. Enacted as part of the 2020-21 state budget, Project Homekey seeks to provide permanent and interim homes for people looking to escaped homelessness. Grant recipients – cities, counties, and other state, regional and local public entities – have until June 30, 2026, to spend any awards they have received.
- Not Everyone Loves A California Sunset. The CEQA exemption this bill looks to extend has only been in existence for two years. Generally, sunset clauses are placed in measures to give the Legislature an opportunity to review a particular program and determine its effectiveness before deciding if extending or removing the sunset clause is necessary or warranted.
On the one hand, it’s clear this exemption has been utilized primarily by public entities that received Project Homekey funding, and the committee is not aware of any negative environmental impacts being reported as a result of the use of the exemption.
On the other hand, given that Project Homekey recipients have to spend the funds they’ve received by June 30, 2026, the author and committee may wish to consider whether a two-year extension of the sunset clause (to January 1, 2027) would be more appropriate than a complete removal of the sunset.
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
SB 450 (Umberg), Chapter 344, Statutes of 2019, created the exemption that this measure seeks to continue past its January 1, 2025, sunset date.
SOURCE:
Author
SUPPORT:
California Apartment Association
City of Long Beach
City of Santa Monica
County of Santa Clara
EAH Housing
New Livable California Dba Livable California
Rural County Representatives of California (RCRC)
San Bernardino County
Urban Counties of California (UCC)
OPPOSITION:
None received
ARGUMENTS IN SUPPORT:
The Rural County Representatives of California (RCRC) write in support:
“California continues to have a severe housing supply and affordability issue.
These issues make it even more difficult to effectively provide housing for the homeless. Addressing homelessness and providing affordable housing are high priorities for rural counties. Housing is often the first step to addressing the underlying causes of or avoiding homelessness. We supported your SB 450 of 2019 which exempted from CEQA the conversion of existing motels and hotels to transitional and supportive housing units. We believe that this exemption is an important tool for local governments to increase the number transitional and supportive housing units available to low-income, at-risk, and homeless populations.
“SB 91 seeks to extend the life of this important tool to create transitional and
supportive housing units from the conversion of existing motels and hotels. These sites can easily be repurposed to provide affordable housing, which is sorely needed throughout the State. At the same time, [CEQA] can often add $100,000 to $1,000,000 to the cost of each project as well as open a project up to administrative and litigation delays. RCRC supports SB 91 as a common-sense effort to expedite the creation of interim supportive and transitional housing.”
ARGUMENTS IN OPPOSITION:
None received.
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Discussed in Hearing
1MIN
Senate Floor
1MIN
Assembly Floor
52SEC
Assembly Floor
2MIN
Assembly Floor
Bill Author
Bill Co-Author(s):