Bill Text: CA AB990 | 2023-2024 | Regular Session | Amended
Bill Title: Water quality: waste discharge requirements: infill housing projects.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed) 2024-08-15 - In committee: Held under submission. [AB990 Detail]
Download: California-2023-AB990-Amended.html
Amended
IN
Assembly
April 13, 2023 |
Amended
IN
Assembly
March 06, 2023 |
Introduced by Assembly Member Grayson (Coauthor: Senator Wiener) |
February 15, 2023 |
LEGISLATIVE COUNSEL'S DIGEST
This bill would require local agencies to grant all applicable Low Impact Development Treatment Reduction Credits for qualifying infill housing projects in the San Francisco Bay area that have a density of over
25 homes per acre and meet other specified criteria. Because it would require local agencies to provide a higher level of service, the bill would impose a state-mandated local program.
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.
The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
This bill would make legislative findings and
declarations as to the necessity of a special statute for the San Francisco Bay area.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 13276.5 is added to the Water Code, to read:13276.5.
(a) For purposes of this section, “regional water board” means the regional board established pursuant to Section 13201, with geographic boundaries for the San Francisco Bay region, established pursuant to subdivision (b) of Section 13200.SEC. 2.
Section 13277 is added to the Water Code, to read:13277.
(a) For the purposes of this section, “regional water board” means the regional board established pursuant to Section 13201, with geographic boundaries for the San Francisco Bay region, established pursuant to subdivision (b) of Section 13200.(a)For the San Francisco Bay area, infill housing development projects that have a density of over 25 homes per acre and meet the other criteria of a special project specified in Provision C.3.e of the California Regional Water Quality Control Board San Francisco Bay Region Municipal Regional Stormwater NPDES Permit Order No. R2-2015-0049, issued on November 19, 2015, shall be eligible for the Low Impact Development Treatment Reduction Credits offered in accordance with that provision. Where criteria for eligibility are met, local agencies shall grant all
applicable Low Impact Development Treatment Reduction Credits for qualifying infill housing projects.
(b)An infill housing development project is a qualified project for purposes of this section if it is located on a legal parcel or parcels located in a city or city and county if, and only if, the city or city and county boundaries include some portion of either an urbanized area or urban cluster, as designated by the United States Census Bureau, or, for unincorporated areas, a legal parcel or parcels wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.
The Legislature finds and declares that this section addresses a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this section applies to all cities, including charter cities.