AMENDED IN ASSEMBLY MAY 5, 2025
AMENDED IN ASSEMBLY APRIL 24, 2025
AMENDED IN ASSEMBLY MARCH 24, 2025
california legislature—20 25–26 regular session
ASSEMBLY BILL No. 609
Introduced by Assembly Members Wicks, Alvarez, Carrillo, Flora, Quirk-Silva, and Wilson
(Principal coauthor: Senator Wiener)
(Coauthors: Assembly Members Ávila Farías, Harabedian, Hoover, Lee, and Wallis)
(Coauthor: Senator Arreguín)
February 13, 2025
An act to add Section 21080.66 to the Public Resources Code, relating to environmental quality.
legislative counsel’s digest
AB 609, as amended, Wicks. California Environmental Quality Act:
exemption: housing development projects.
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 en vironmental 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 ne gative 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 ha ve a significant effect on the environment if revisions in the project would avoid or mitig ate that effect and there is no substantial e vidence that the project, as re vised, w ould ha ve a significant ef fect on the
96 environment. CEQA e xempts from its requirements v arious projects, including, b ut not limited to, housing projects that meet certain requirements.
This bill would exempt from the requirements of CEQA a housing development project, as defined, that meets certain conditions. conditions relating to, for example, size, density, and location, including specific requirements for any housing on the project site located within 500 feet of a freeway. The bill would require a local government, as a condition of approval for the development, to require the development proponent to complete a phase I specified environmental assessment, as provided. assessment regarding hazardous substance releases. If a recognized environmental condition is found, the bill would require the development pr oponent to complete a pr eliminary endang erment assessment and specified mitigation based on that assessment. Because a lead agenc y w ould be required to determine whether a housing development project qualifies for this exemption, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimb urse 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. State-mandated local program: yes.
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 21080.66 is added to the Public Resources line 2 Code, to read:
line 3 21080.66. (a) Without limiting an y other statutory or line 4 categorical exemption, this division does not apply to a housing line 5 development project, as defined in subdi vision (b) of Section line 6 65905.5 of the Go vernment Code, that meets the follo wing line 7 conditions:
line 8 (1) The project site is not more than 20 acres. line 9 (2) The project site meets either of the following criteria:
line 10 (A) Is located within the boundaries of an incorporated line 11 municipality.
line 12 (B) Is located within an urban area, as defined by the United line 13 States Census Bureau.
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line 1 (3) The project site meets either of the following criteria:
line 2 (A) Has been previously developed with an urban use. line 3 (B) At least 75 percent of the perimeter of the site adjoins parcels line 4 that are developed with urban uses. F or purposes of this section, line 5 parcels that are only separated by a street, pedestrian path, or line 6 bicycle path shall be considered to be adjoined. line 7 (4) (A) The project is consistent with the applicable general line 8 plan and zoning ordinance, as well as any applicable local coastal line 9 program as defined in Section 30108.6. F or purposes of this line 10 section, a housing development project shall be deemed consistent line 11 with the applicable general plan and zoning ordinance, and an y line 12 applicable local coastal program, if there is substantial e vidence line 13 that would allow a reasonable person to conclude that the housing line 14 development project is consistent.
line 15 (B) If the zoning and general plan are not consistent with one line 16 another, a project shall be deemed consistent with both if the line 17 project is consistent with one.
line 18 (5) The project will be at least one-half of the applicable density line 19 specified in subparagraph (B) of paragraph (3) of subdivision (c) line 20 of Section 65583.2 of the Government Code.
line 21 (6) The project satisfies the requirements specified in paragraph line 22 (6) of subdivision (a) of Section 65913.4 of the Government Code. line 23 (7) For a site not de veloped with urban uses, the project site line 24 does not contain tribal cultural resources, found pursuant to a line 25 consultation described in Section 21080.3.1, that could be affected line 26 by the development and the effects cannot be mitigated pursuant line 27 to the process described in Section 21080.3.2.
line 28 (8) The project does not r equire the demolition of a historic line 29 structure that was placed on a national, state , or local historic line 30 register.
line 31 (b) (1) (A) The local go vernment shall, as a condition of line 32 approval for the development, require the development proponent line 33 to complete a phase I en vironmental assessment, as defined in line 34 Section 78090 of the Health and Safety Code.
line 35 (2) (A)
line 36 (B) If a recognized en vironmental condition is found, the line 37 development proponent shall complete a preliminary endangerment line 38 assessment, as defined in Section 78095 of the Health and Safety line 39 Code, prepared by an en vironmental assessor to determine the line 40 existence of any release of a hazardous substance on the site and 96 AB 609 — 3 —
line 1 to determine the potential for e xposure of future occupants to line 2 significant health hazards from any nearby property or activity. line 3 (B)
line 4 (C) If a release of a hazardous substance is found to e xist on line 5 the site, the release shall be removed or any effects of the release line 6 shall be mitigated to levels required by current federal and state line 7 statutory and re gulatory standards before the local go vernment line 8 issues a certificate of occupancy.
line 9 (C)
line 10 (D) If a potential for e xposure to significant hazards from line 11 surrounding properties or activities is found to exist, the effects of line 12 the potential e xposure shall be mitig ated to le vels required by line 13 current federal and state statutory and regulatory standards before line 14 the local government issues a certificate of occupancy. line 15 (2) For any housing on the site located within 500 feet of a line 16 freeway, all of the following shall apply:
line 17 (A) The building shall have a centr alized heating, ventilation, line 18 and air-conditioning system.
line 19 (B) The outdoor air intak es for the heating , ventilation, and line 20 air-conditioning system shall face away from the freeway. line 21 (C) The building shall provide air filtration media for outside line 22 and return air that provides a minimum efficiency reporting value line 23 of 16.
line 24 (D) The air filtr ation media shall be r eplaced at the line 25 manufacturer’s designated interval.
line 26 (E) The building shall not have any balconies facing the freeway. line 27 (c) A housing de velopment proposed pursuant to this section line 28 shall be eligible for a density bonus, incentives or concessions, line 29 waivers or r eductions of de velopment standar ds, and parking line 30 ratios pursuant to Section 65915 of the Government Code. line 31 (c)
line 32 (d) For purposes of this section, “urban use” means any current line 33 or pre vious residential or commercial de velopment, public line 34 institution, or public park that is surrounded by other urban uses, line 35 parking lot or structure, transit or transportation passenger facility, line 36 or retail use, or any combination of those uses. line 37 SEC. 2. No reimbursement is required by this act pursuant to line 38 Section 6 of Article XIIIB of the California Constitution because line 39 a local agency or school district has the authority to le vy service line 40 charges, fees, or assessments sufficient to pay for the program or 96 — 4 — AB 609
line 1 level of service mandated by this act, within the meaning of Section line 2 17556 of the Government Code.
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