SB 922

Bill Subjects

Abstract

Existing law requires the Department of General Services to dispose of surplus state real property in a specified manner. Existing law requires the department to offer surplus state real property to a local agency and then to nonprofit affordable housing sponsors, prior to offering the property for sale to private entities or individuals, for use for open space, public parks, affordable housing projects, or development of local government-owned facilities. 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. CEQA establishes a procedure by which a person may seek judicial review of the decision of the lead agency made pursuant to CEQA. This bill would, until January 1, 2029, authorize the Department of General Services to dispose of surplus state real property located within 2 miles of a campus of the University of California, California State University, or California Community Colleges by first offering the property to a local agency or nonprofit organization for the development of affordable student housing, as defined. The bill would provide that ownership of the property transferred reverts back to the state if the transferee fails to commence the development of affordable student housing on the property within 2 years of the transfer. The bill would, until January 1, 2029, exempt from the requirements of CEQA the transfer of the property. Because a lead agency would be required to determine the applicability of this exemption, this bill would impose a state-mandated local program. The bill would require the Judicial Council, by July 1, 2019, to adopt a rule of court establishing procedures applicable to actions or proceedings seeking judicial review pursuant to CEQA of a lead agency's action, as specified, for those affordable student housing projects. The bill would, until January 1, 2029, prohibit the court, in an action or proceeding brought alleging a violation of CEQA, from staying or enjoining the siting, construction, or operation of those affordable student housing projects, except as provided. 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.