Bill Text: CA AB785 | 2023-2024 | Regular Session | Amended

California Assembly Bill 785

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: California Environmental Quality Act: exemption: City of Los Angeles: County of Los Angeles: affordable housing and transitional housing.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2023-10-10 - Chaptered by Secretary of State - Chapter 726, Statutes of 2023. [AB785 Detail]

Download: California-2023-AB785-Amended.html

Amended IN Assembly March 23, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 785

Introduced by Assembly Member Santiago

February 13, 2023

An act to amend Section ~~14000~~ 21080.27 of the Public Resources Code, relating to ~~the California Conservation Corps.~~ environmental quality.

LEGISLATIVE COUNSEL'S DIGEST

AB 785, as amended, Santiago. ~~California Conservation Corps.~~ California Environmental Quality Act: exemption: City of Los Angeles: affordable housing and transitional housing.

The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment.
Existing law, until January 1, 2025, exempts from the requirements of CEQA certain activities approved or carried out by the City of Los Angeles and other eligible public agencies, as defined, related to supportive housing and emergency shelters, as defined. Under existing law, this exemption requires the lead agency, if it determines that an activity is not subject to CEQA and approves or carries out that activity, to file a notice of exemption with the Office of Planning and Research and the county clerk for the County of Los Angeles.
This bill would extend, until January 1, 2035, that CEQA exemption. The bill would also exempt from the requirements of CEQA certain activities approved or carried out by the City of Los Angeles and other eligible public agencies related to affordable housing and transitional housing, as defined. The bill would define the Los Angeles County Development Authority as an eligible public agency. The bill would broaden the definitions of “emergency shelters” and “supportive housing.”
Because the bill would impose additional duties on the City of Los Angeles, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law establishes the California Conservation Corps in the Natural Resources Agency and requires the corps to implement and administer the conservation corps program. Existing law makes various findings and declarations relating to the corps.
~~This bill would make a nonsubstantive change to those findings and declarations.~~

Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NOYES

The people of the State of California do enact as follows:

SECTION 1.

Section 21080.27 of the Public Resources Code is amended to read:

21080.27.

(a) For purposes of this section, the following definitions apply:

(1) “Affordable housing” means a housing development project as defined in subdivision (h) of Section 65589.5 of the Government Code, and is affordable to lower income households pursuant to subparagraph (G) of paragraph (1) of subdivision (b) of Section 65915 of the Government code, and that is funded, in whole or in part, by any of the following:
(A) The No Place Like Home Program pursuant to Part 3.9 (commencing with Section 5849.1) of Division 5 of the Welfare and Institutions Code.
(B) The Building Homes and Jobs Trust Fund established pursuant to Section 50470 of the Health and Safety Code.
(C) Measure H sales tax proceeds approved by the voters at the March 7, 2017, special election in the County of Los Angeles.
(D) General obligation bonds issued pursuant to Proposition HHH approved by the voters of the City of Los Angeles at the November 8, 2016, statewide general election.
(E) The City of Los Angeles Housing Impact Trust Fund.
(F) The program referred to as Homekey, as described in Section 50675.1.1 of the Health and Safety Code.
(G) The Veterans Housing and Homeless Prevention Act of 2014 established pursuant to Article 3.2 (commencing with Section 987.001) of Chapter 6 of Division 4 of the Military and Veterans Code.
(H) The Multifamily Housing Program established pursuant to Chapter 6.7 (commencing with Section 50675) of Part 2 of Division 31 of the Health and Safety Code.
(I) The Infill Infrastructure Grant Program of 2019 established pursuant to Part 12.5 (commencing with Section 53559) of Division 31 of the Health and Safety Code.
(J) The California Housing Accelerator program established pursuant to Chapter 6.6 (commencing with Section 50672) of Part 2 of Division 31 of the Health and Safety Code.
(K) The Affordable Housing and Sustainable Communities Program established pursuant to Chapter 2 (commencing with Section 75210) of Part 1 of Division 44.
(L) The City of Los Angeles House LA Fund approved by the voters of the City of Los Angeles at the November 8, 2022, statewide general election.
(M) Funding distributed by the Los Angeles County Affordable Housing Solutions Agency established pursuant to Title 6.9 (commencing with Section 64700) of the Government Code.
(N) Funding distributed by the California Debt Limit Allocation Committee and the California Tax Credit Allocation Committee.
~~(1)~~

(2) “Eligible public agency” means any of the following:

(A) The County of Los Angeles.

(B) The Los Angeles Unified School District.

(D) The Housing Authority of the City of Los Angeles.

(E) The Los Angeles Homeless Services Authority.

(F) The Los Angeles Community College District.

(G) The successor agency for the former Community Redevelopment Agency of the City of Los Angeles.

(H) The Department of Transportation.

(I) The Department of Parks and Recreation.

(J) The Los Angeles County Development Authority.
~~(2)~~

(3) “Emergency shelters” mean shelters, during a declaration of a shelter crisis described in Section 8698.2 of the Government Code, that meet the definition of low barrier navigation center set forth in Section 65660 of the Government Code ~~and~~ or meet the requirements of Section 65662 of the Government Code, ~~that is located in either a mixed-use or nonresidential zone permitting multifamily uses or infill site,~~ and that is funded, in whole or in part, by any of the following:

~~(A)The Homeless Emergency Aid program established pursuant to Section 50211 of the Health and Safety Code.~~
~~(B)~~

(A) The Homeless Housing, Assistance, and Prevention program established pursuant to Section 50217 of the Health and Safety Code.

~~(C)~~

(B) Measure H sales tax proceeds approved by the voters at the March 7, 2017, special election in the County of Los Angeles.

~~(D)~~

(C) General obligation bonds issued pursuant to Proposition HHH, approved by the voters of the City of Los Angeles at the November 8, 2016, statewide general election.

(D) The Encampment Resolution Funding program established pursuant to Section 50251 of the Health and Safety Code.
(E) The program referred to as Homekey, as described in Section 50675.1.1 of the Health and Safety Code.
(F) The Behavioral Health Bridge Housing Program established pursuant to Item 4260-001-0001 of Section 2.00 of the Budget Act of 2022.
(G) The Behavioral Health Continuum Infrastructure Program established pursuant to Chapter 1 (commencing with Section 5960) of Part 7 of Division 5 of the Welfare and Institutions Code.
~~(3)~~

(4) “Supportive housing” means supportive housing, as defined in Section 50675.14 of the Health and Safety Code, that meets the eligibility requirements of Article 11 (commencing with Section 65650) of Chapter 3 of Division 1 of Title 7 of the Government Code or the eligibility requirements for qualified supportive housing or qualified permanent supportive housing set forth in City of Los Angeles Ordinance No. 185,489 or 185,492, and that is funded, in whole or in part, by any of the following:

(A) The No Place Like Home Program (Part 3.9 (commencing with Section 5849.1) of Division 5 of the Welfare and Institutions Code).

(B) The Building Homes and Jobs Trust Fund established pursuant to Section 50470 of the Health and Safety Code.

(C) Measure H sales tax proceeds approved by the voters at the March 7, 2017, special election in the County of Los Angeles.

(D) General obligation bonds issued pursuant to Proposition HHH, approved by the voters of the City of Los Angeles at the November 8, 2016, statewide general election.

(E) The City of Los Angeles Housing Impact Trust Fund.

(F) The program referred to as Homekey, as described in Section 50675.1.1 of the Health and Safety Code.
(G) The Veterans Housing and Homeless Prevention Act of 2014 established pursuant to Article 3.2 (commencing with Section 987.001) of Chapter 6 of Division 4 of the Military and Veterans Code.
(H) The Multifamily Housing Program established pursuant to Chapter 6.7 (commencing with Section 50675) of Part 2 of Division 31 of the Health and Safety Code.
(I) The Infill Infrastructure Grant Program of 2019 established pursuant to Part 12.5 (commencing with Section 53559) of Division 31 of the Health and Safety Code.
(J) The California Housing Accelerator program established pursuant to Chapter 6.6 (commencing with Section 50672) of Part 2 of Division 31 of the Health and Safety Code.
(K) The Affordable Housing and Sustainable Communities Program established pursuant to Chapter 2 (commencing with Section 75210) of Part 1 of Division 44.
(L) The City of Los Angeles House LA Fund approved by the voters of the City of Los Angeles at the November 8, 2022, statewide general election.
(M) Funding distributed by the Los Angeles County Affordable Housing Solutions Agency established pursuant to Title 6.9 (commencing with Section 64700) of the Government Code.
(N) Funding distributed by the California Debt Limit Allocation Committee and the California Tax Credit Allocation Committee.
(5) “Transitional housing” means buildings configured as rental housing developments, but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than six months from the beginning of the assistance, or as defined in Section 65582 of the Government Code, and that is funded, in whole or in part, by any of the following:
(A) The Homeless Housing, Assistance, and Prevention program established pursuant to Section 50217 of the Health and Safety Code.
(B) Measure H sales tax proceeds approved by the voters at the March 7, 2017, special election in the County of Los Angeles.
(C) General obligation bonds issued pursuant to Proposition HHH approved by the voters of the City of Los Angeles at the November 8, 2016, statewide general election.
(D) The program referred to as Homekey, as described in Section 50675.1.1 of the Health and Safety Code.
(E) The Encampment Resolution Funding program established pursuant to Section 50251 of the Health and Safety Code.

(b) (1) This division does not apply to any activity approved by or carried out by the City of Los Angeles in furtherance of providing affordable housing, emergency ~~shelters or supportive housing~~ shelters, supportive housing, or transitional housing in the City of Los Angeles.

(2) This division does not apply to any action taken by an eligible public agency to lease, convey, or encumber land owned by that agency, or to any action taken by an eligible public agency to facilitate the lease, conveyance, or encumbrance of land owned by that agency, or to any action taken by an eligible public agency in providing financial assistance, in furtherance of providing affordable housing, emergency ~~shelters or supportive housing~~ shelters, supportive housing, or transitional housing in the City of Los Angeles.

(3) This division does not apply to the adoption of Ordinance Nos. 185,489 and 185,492 by the City of Los Angeles in 2018.

(c) If a lead agency determines that an activity is not subject to this division pursuant to paragraph (1) or (2) of subdivision (b) and determines to approve or carry out the activity, the lead agency shall file a notice of exemption with the Office of Planning and Research and the county clerk in the manner specified in subdivisions (b) and (c) of Section 21108 or subdivisions (b) and (c) of Section 21152.

(d) This section shall remain in effect only until January 1, ~~2025,~~ 2035, and as of that date is repealed.

SEC. 2.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.

SECTION 1.Section 14000 of the Public Resources Code is amended to read:
14000.
(a)The Legislature hereby finds and declares that every California youth should be encouraged to reach their full potential, but that many youths require guidance and support to reach their goals and make positive changes in their lives.
(b)The Legislature finds and declares that conserving or developing natural resources, and enhancing and maintaining environmentally important lands and waters through the use of California’s young adults, is beneficial not only to the youth of the state by providing them with educational and work opportunities, but also is beneficial for the state’s economy and environment.
(c)The Legislature further finds and declares that the California Conservation Corps continues to offer California a unique opportunity to meet both the goal of increasing understanding and appreciation of the environment and the goal of helping youths become productive adults.
(d)The Legislature therefore reaffirms its intent that the corps’ mission includes increasing awareness of and improving our natural resources, but more importantly, includes instilling basic skills and a healthy work ethic in California youth, building their character, self-esteem, and self-discipline, and establishing within them a strong sense of civic responsibility and understanding of the value of a day’s work for a day’s wages.
(e)It is the further intent of the Legislature that corpsmembers graduate from the corps with good work habits, positive attitudes, and broadened professional horizons. It is the intent of the Legislature that the corps blend academic and job skills training with personal growth opportunities in order to develop productive youths who can make substantial contributions as California workers and citizens.
(f)It is the further intent of the Legislature, in memory of Brien Thomas “B.T.” Collins and John E. “Jack” Dugan, and on behalf of their passion, support, and commitment to the mission of the corps, to ensure that the corps is an entrepreneurial and incentive-based program with stable and predictable funding. In pursuit of that goal, it is the intent of the Legislature that all state agencies look to the corps first to perform those projects that meet the mission of the corps.