2022 California Environmental Quality Act Legislation

In response to developers’ constant cries for meaningful reform, changes or exemptions to the California Environmental Quality Act (Pub. Res. Code §§ 21000) and sequence.) (CEQA) is often included in numerous bills during the California legislature. 2022 was no exception. While many bills slowly died in commission, a handful of bills successfully reached the governor’s desk and were signed into law.

A brief summary of these bills and their impact on CEQA is provided below.

Congressional Bill (AB) 2011: The Affordable Housing and Highway Jobs Act of 2022 is one of the last Congress’ major housing bills. The legislation, defended by Congressman Buffy Wicks, includes a ministerial review process for her CEQA exemption on the eligibility of residential projects on commercial land. In accordance with AB 2011, multifamily projects, including 100% affordable units located in commercial zones or mixed income projects located in commercial corridors, pay general wages and meet designated “below market price” affordable prices. are exempt from CEQA as long as they meet residential target. A project site must also meet a number of requirements and restrictions. For example, it cannot be on or adjacent to a site where more than 1/3 of a square foot is used for industrial purposes. Not be within 500 feet of a highway or within 3,200 feet of an operating oil or gas refinery. Also, if the site has a neighborhood plan, such as a specific plan, area plan, or master plan, that plan will allow multifamily development on the site as of January 1, 2022, or the plan adopted. and environment to allow such development. Projects meeting AB 2011 requirements can benefit from a streamlined approval process and her CEQA exemption. Please note that this law will enter into force on July 1, 2023.

Senate Bill (SB) 886: The Student and Faculty Housing Act, Sen. Scott Weiner’s law that addresses California’s student and faculty housing shortage, provides for student and faculty housing built on land owned by the University of California, California State University, or California Community College. exempt from CEQA housing projects for However, to qualify for this CEQA exemption, such residential projects must meet several criteria. Specifically, the project must meet the following conditions: (i) be on campus grounds; (ii) take advantage of prevailing wages and a skilled and trained workforce; (iii) Consistent with the Long Term Development Plan or Master Plan Certified Environmental Impact Report (EIR); (iv) there is a transportation demand management program; (v) mitigate the impact of all construction; (vi) not result in net additional emissions of greenhouse gases; Buildings must be LEED (Leadership in Energy and Environmental Design) Platinum certified, have a maximum of 2,000 units or 4,000 beds, and be located within 0.5 miles of a major transit stop or campus boundary. Population VMT compared to the jurisdiction where the project is located. Finally, the project cannot replace existing affordable housing or rent-controlled housing or historic buildings. It also cannot build on agricultural land, wetlands, or areas of very high fire risk. It is unknown how many projects it can depend on.

SB118: This emergency law provides that registration or change of registration on a public higher education campus or medical center does not, in itself, constitute a project for CEQA purposes. However, if the court finds that campus population growth exceeds projections adopted in the latest campus long-term development plan and that support the EIR, and that those increases will result in significant environmental impacts, the court will consider the new, A supplemental or subsequent EIR can be ordered. Must be ready within 18 months. SB 118 is the rapid legislative response to the March 2022 decision. Save Berkeley’s Neighborhoods v. University of California RegentThis has imposed an unprecedented cap on enrollment on the UC Berkeley campus. This forced the university to cut the number of students he enrolled in the class he entered by more than 3,000. SB 118 took effect on March 14, 2022 and was applied retroactively to negate the effects of the litigation.

AB205: AB 205 encourages the development of certain types of solar, wind and other clean energy projects through a streamlined environmental review process as an Environmental Leadership Development Project. The law requires the California Energy Commission to review project applications and determine completeness within 30 days of submission. Like other environmental leadership development projects in the state, AB 205 is to adopt a court rule allowing procedures related to environmental reviews to be completed within 270 days after the application is deemed complete. to the Judiciary Council. The law entered into force on June 30, 2022.