By Burke Partners Denise S. Bazzano and Thomas D. Jex, and Burke Associate Solange Z. Fortenbach
SB 1361
On August 8, 2024, Governor Newsom signed into law Senate Bill (SB) 1361, which provides an exemption for review required by the California Environmental Quality Act (“CEQA”) to local agencies who are contracting to provide services to people experiencing homelessness.
Typically, CEQA requires lead agencies to prepare and certify the completion of an environmental impact report for a project that may have a significant effect on the environment. Agencies may adopt a negative declaration if they find that the project will not have a significant effect. Alternatively, if an agency believes a project may have a significant impact on the environment, but substantial evidence demonstrates revisions to the project may mitigate those effects to where there is no significant effect, that agency is required to prepare a mitigated negative declaration.
SB 1361 creates an exemption for actions taken by a local agency to approve a contract for providing services for people experiencing homelessness. While CEQA already exempted state agencies and local governments when they directly provide services to people experiencing homelessness, SB 1361 extends that exemption to providers with whom local governments contract. This law is set to go into effect January 1, 2025.
AB 3057
Assembly Bill (AB) 3057 was signed by Governor Newsom on August 27, 2024, and adds another exemption for review required by CEQA to exempt the adoption of an ordinance by a city or county to provide for the creation of junior accessory dwelling units in a single-family residential zone.
Currently, Public Resources Code section 21080.17 specifies that the environmental review requirements of CEQA do not apply to the adoption of an ordinance by a city or county to implement the provisions of Government Code section 65852.1 or Article 2 (commencing with Government Code section 66314), which relates to Accessory Dwelling Unit Approvals. AB 3057 would expand the CEQA exemption to include Article 3 (commencing with section 66333), which relates to Junior Accessory Dwelling Units. This law is also set to go into effect on January 1, 2025.
Burke, Williams & Sorensen, LLP regularly advises clients on legal matters relating to land use and CEQA requirements.
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