Policy & Legislation
Summary of SB 375 (Steinberg): Sustainable Communities Strategy
As amended August 22, 2008
SB 375 builds on climate change legislation signed into California law in 2006 (AB 32) and the regional “blueprint plan” developed in the Sacramento region. The bill’s core provision is a requirement for regions with high air pollution to develop a “Sustainable Communities Strategy” in order to reduce greenhouse gas emissions from cars.
The strategy (SCS) is a realistic development pattern that meets a state target for reducing greenhouse gas emissions, while taking into account the region’s housing needs, transportation demands, and protection of resource and farm lands. The state will allocate $6 billion a year to transportation projects that implement the SCS.
The SCS will be updated every 4-5 years as part of the region’s transportation plan.
IMPACT ON HOUSING ELEMENTS
To align with the regional transportation plans, SB 375 extends the duration of the major regions’ housing elements from 5 years to 8 years1. The regional housing need assessment (RHNA) numbers will be allocated based on the development pattern shown in the SCS, with the housing element due 18 months after the SCS is adopted.
SB 375 contains a number of improvements to current law designed to counter the potentially negative impact of less-frequent attention to local housing needs:
- Consequence for failure to adopt a housing element: A jurisdiction that does not adopt an element within 120 days of the statutory deadline will shift into four-year cycles.
- Making land available for development: Localities with a four- or eight-year housing element will be required to complete rezoning of all the sites identified in their element for residential development within three years of the element’s adoption. The jurisdiction can have a one-year extension if it has rezoned sites to accommodate 75% of its low and very low income need and it meets specified criteria.
- Implementing other programs: For all other programs, the housing element must contain a deadline for implementation that is soon enough to ensure the program will have beneficial impacts during the planning period.
- Accountability: Every year, the jurisdiction must report its progress toward rezoning and program implementation to HCD and hold a local hearing to review and discuss the report.
- Enforcement: There are two remedies if a jurisdiction fails to rezone or implement programs by the deadlines:
- “Builder’s Remedy:” A developer can build on any site that is identified in an element for residential development, as long as the development is within the densities and development standards specified in the element. The local government must allow the development to proceed unless it makes finding that the development will have a “specific, adverse impact upon the public health or safety.” (If the jurisdiction illegally denies a development, a court can order them to comply with the law. The local government will have the burden of proving its action was legal.)
- “Citywide Remedy:” Any interested party can sue to compel the jurisdiction to complete the rezonings or other programs. The local government will have the burden of proving its action was legal, and the court can impose sanctions for violations of the law.
CHANGES TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
SB 375 makes two changes to ease the environmental review of developments that help reduce the growth of greenhouse gas emissions:
- If a development is consistent with the SCS and incorporates any mitigation measures required by a prior EIR, then the environmental review does not have to consider: a) growth inducing impacts, or b) specific or cumulative impacts from cars on global warming or the regional transportation network.
- A narrowly-defined group of “transit priority projects” will be exempt from CEQA review.
1Cities and counties in the following councils of governments will be on an eight-year cycle: ABAG, SCAG, SACOG, SANDAG, Fresno, Kern, Madera, Merced, San Joaquin, Stanislaus, Tulare, Kings and Butte.
Those in AMBAG, Santa Barbara COG, and San Luis Obispo COG will remain in the current 5-year cycle, unless the COG elects to move to an 8-year housing element.
All other cities and counties will remain on a 5-year cycle.
