CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill
No. 91

Introduced by Senator Umberg

January 17, 2023

An act to amend Section 21080.50 of the Public Resources Code, relating to environmental quality.


LEGISLATIVE COUNSEL'S DIGEST


SB 91, as introduced, Umberg. California Environmental Quality Act: exemption: supportive and transitional housing: motel conversion.
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.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 Section 21080.50 of the Public Resources Code is amended to read:

21080.50.
 (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 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.