Bill Text: CA SB772 | 2025-2026 | Regular Session | Introduced
Bill Title: Infill Infrastructure Grant Program of 2019: applications: eligibility.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2025-02-24 - Read first time. [SB772 Detail]
Download: California-2025-SB772-Introduced.html
CALIFORNIA LEGISLATURE—
2025–2026 REGULAR SESSION
Senate Bill
No. 772
| Introduced by Senator Cabaldon |
February 21, 2025 |
An act to amend Sections 53559 and 53559.1 of the Health and Safety Code, relating to housing.
LEGISLATIVE COUNSEL'S DIGEST
SB 772, as introduced, Cabaldon.
Infill Infrastructure Grant Program of 2019: applications: eligibility.
Existing law establishes the Infill Infrastructure Grant Program of 2019 (program), which requires the Department of Housing and Community Development, upon appropriation of funds by the Legislature, to establish and administer a grant program to allocate those funds to eligible applicants to fund capital improvement projects that are an integral part of, or necessary to facilitate the development of, a qualifying infill project, qualifying infill area, or catalytic qualifying infill area. Existing law requires the department, in its review of applications, to rank affected qualifying infill projects and catalytic qualifying infill areas based on specified criteria, including the qualifying infill area’s or catalytic qualifying infill area’s inclusion of, or proximity to, a train station or major transit stop and the proximity of housing to existing or planned parks, employment or retail
centers, schools, or social services.
This bill would revise these provisions to require the department to rank applications, as described above, based on the qualifying infill area’s or catalytic qualifying infill area’s inclusion of, or proximity or accessibility to, a transit station or major transit stop or walkability to essential services or businesses. The bill would additionally revise these provisions to require the department’s ranking to be based on the proximity of housing to services, rather than social services.
Existing law requires the department to administer an over-the-counter application process for specified grants under the program for capital improvement projects for small jurisdictions, as provided. For these purposes, existing law defines the term “qualifying infill area” as a contiguous area located within an urbanized area that meets one of specified alternative conditions, including that the
capital improvement project for which funding is requested is necessary, as specified, to make the area suitable and available for residential development or to allow the area to accommodate housing for additional income levels, and the area may be included on an inventory of land in the housing element, as specified.
This bill would expand the definition of “qualifying infill area” to additionally include a contiguous area located within an urbanized area for which the capital improvement project for which funding is requested under the program, as described above, is necessary, as provided, to make the area suitable and available for residential development pursuant to the Affordable Housing and High Road Jobs Act of 2022, which subjects a housing development to streamlined, ministerial approval under certain circumstances, as specified.
Existing law requires a qualifying infill project, qualifying infill area, or
catalytic qualifying infill area for which a capital improvement project grant can be awarded under the program to meet specified conditions, including, among others, inclusion of not less than 15% of affordable units, as specified, and being located in an area designated for mixed-use or residential development, as specified.
This bill, as an alternative to including at least 15% of affordable units, would allow a project under the program that is a by-right site and in compliance with certain provisions deeming a housing development an allowable use or subject to streamlined, ministerial approval, as specified, to meet the affordability requirements under those provisions. The bill would additionally allow the project to be located in an area that allows for mixed-use or residential development pursuant to a housing development that is in compliance with those provisions deeming a housing development an allowable use or subject to streamlined, ministerial
approval, as specified.
Existing law, for the purposes of the program, defines the term “capital improvement project” to include, among other things, streets, roads, or transit linkages or facilities, including, but not limited to, related access plazas or pathways, bus or transit shelters, or facilities that support pedestrian or bicycle transit. Existing law also defines the term “urbanized area” as an incorporated city or, for sites in an unincorporated area, within a designated urban service area, as specified.
This bill would revise the definition of “capital improvement project” to require that streets or roads funded under the program be publicly maintained and open to use of the public for purposes of vehicle travel and serve as a connector within a qualifying infill project or qualifying infill area. The bill would also expand the definition of “capital improvement project” to expressly include nature-based
solutions that are proven to reduce the risk from climate change, as specified. The bill would also revise the definition of “urbanized area” to instead mean an incorporated city or an urbanized area as defined by the United States Census Bureau. The bill would additionally define the term “major transit stop” for purposes of the program to mean a site containing an existing rail or bus rapid transit station, a ferry terminal served by either a bus or rail transit service, or the intersection of 2 or more major bus routes that meet specified frequency criteria, including major transit stops that are included in the applicable regional transportation plan, as provided.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 53559 of the Health and Safety Code is amended to read:53559.
(a) The Infill Infrastructure Grant Program of 2019 is hereby established to be administered by the department.(b) Upon appropriation by the Legislature of funds for purposes of this part, the department shall establish and administer a grant program to allocate those funds to selected capital improvement projects that are an integral part of, or necessary to facilitate the development of, a qualifying infill project, qualifying infill area, or catalytic qualifying infill area pursuant to the requirements of this section. The department shall determine amounts, if any, to be made available for qualifying infill projects, qualifying infill areas, or catalytic qualifying infill areas.
(c) (1) Except for funds appropriated or set aside for small jurisdictions for grants pursuant to subdivision (e), the department shall administer a competitive application process for capital improvement projects for large jurisdictions pursuant to this subdivision.
(2) Except for grants for qualifying infill areas or catalytic qualifying infill areas, the department shall do all of the following for grants made pursuant to this subdivision:
(A) Make program funds available at the same time it makes funds, if any, available under the Multifamily Housing Program (Chapter 6.7 (commencing with Section 50675) of Part 2).
(B) Rate and rank applications in a manner consistent with the Multifamily Housing Program (Chapter 6.7 (commencing with Section 50675) of Part 2), except that the
department may establish additional point categories for the purposes of rating and ranking applications that seek funding pursuant to this part in addition to those used in the Multifamily Housing Program.
(C) Administer funds in a manner consistent with the Multifamily Housing Program (Chapter 6.7 (commencing with Section 50675) of Part 2).
(D) For purposes of awarding grants pursuant to the competitive application process required by this subdivision, “qualifying infill project” means a residential or mixed-use residential project located within an urbanized area on a site that has been previously developed, or on a vacant site where at least 75 percent of the perimeter of the site adjoins parcels that are developed with urban uses.
(d) (1) In its review and ranking of applications for the
award of capital improvement project grants, the department shall rank the affected qualifying infill areas based on the following priorities:
(A) Project readiness, which shall include all of the following:
(i) A demonstration that the area development can complete environmental review and secure necessary entitlements from the local jurisdiction within a reasonable period of time following the submission of a grant application.
(ii) A demonstration that the eligible applicant can secure sufficient funding commitments derived from sources other than this part for the timely development of a qualifying infill area.
(B) The depth and duration of the affordability of the housing proposed for a qualifying infill area.
(C) The extent to which the average residential densities on the parcels to be developed exceed the density standards contained in paragraph (3) of subdivision (g).
(D) The qualifying infill area’s inclusion of, or proximity or accessibility to, a transit station or major transit stop. stop or walkability to essential services or businesses.
(E) The proximity of housing to parks, employment or retail centers, schools, or social services.
(F) The qualifying infill area location’s
consistency with an adopted sustainable communities strategy pursuant to Section 65080 of the Government Code, alternative planning strategy pursuant to Section 65450 of the Government Code, or other adopted regional growth plan intended to foster efficient land use.
(G) For qualifying infill areas, in awarding funds under the program, the department shall provide additional points or preference to projects located in jurisdictions that are designated prohousing pursuant to subdivision (c) of Section 65589.9 of the Government Code, in the manner determined by the department pursuant to subdivision (d) of Section 65589.9 of the Government Code.
(2) In allocating funds pursuant to this subdivision, the department, to the maximum extent feasible, shall ensure a reasonable geographic distribution of funds.
(3) For
purposes of awarding grants pursuant to the competitive application process required by this subdivision or subparagraph (B) of paragraph (2) of subdivision (c), “qualifying infill area” means a contiguous area located within an urbanized area (i) that has been previously developed, or where at least 75 percent of the perimeter of the area adjoins parcels that are developed with urban uses, and (ii) in which at least one development application has been approved or is pending approval for a residential or mixed-use residential project that meets the definition and criteria in this section for a qualifying infill project.
(e) (1) The department shall administer an over-the-counter application process for grants funded by the allocation specified in the appropriation or paragraph (2) of subdivision (a) of Section 53559.2 for capital improvement projects for small jurisdictions, pursuant to this subdivision.
(2) Eligible applicants shall submit the following information in the application request for funding:
(A) A complete description of the qualifying infill project or qualifying infill area and documentation of how the infill project or infill area meets the requirements of this section.
(B) A complete description of the capital improvement project and requested grant funding for the project, how the project is necessary to support the development of housing, and how it meets the criteria of this section.
(C) Documentation that specifies how the application meets all of the requirements of subdivision (g).
(D) (i) Except as provided in clause (ii), a financial document
that shows the gap financing needed for the project.
(ii) For a qualifying infill project located in the unincorporated area of the county, the department shall allow an applicant to meet the requirement described in clause (i) by submitting copies of an application or applications for other sources of state or federal funding for a qualifying infill project.
(E) (i) Except as provided by clause (ii), documentation of all necessary entitlement and permits, and a certification from the applicant that the project is shovel-ready.
(ii) For a qualifying infill project located in the unincorporated area of the county, the department shall allow the applicant to meet the requirement described in clause (i) by submitting a letter of intent from a willing affordable housing developer that has previously
completed at least one comparable housing project, certifying that the developer is willing to submit an application to the county for approval by the county of a qualifying infill project within the area in the event that the funding requested pursuant to this subdivision is awarded.
(3) The department may establish a per-unit formula to determine the amount of funds awarded pursuant to this subdivision.
(4) For purposes of awarding grants pursuant to the over-the-counter application process required by this subdivision:
(A) “Qualifying infill area” means a contiguous area located within an urbanized area that meets either
one
of the following criteria:
(i) The area contains sites included on the inventory of land suitable and available for residential development in the housing element of the applicable city or county general plan pursuant to paragraph (3) of subdivision (a) of Section 65583 of the Government Code, and at least 50 percent of the perimeter of the area shall adjoin parcels that are developed with urban uses.
(ii) The capital improvement project for which funding is requested is necessary, as documented by an environmental review or some other adopted planning document, to make the area suitable and available for residential development, or to allow the area to accommodate housing for additional income levels, and the area otherwise meets the requirements for inclusion on the inventory of land suitable and available for residential development in the housing element of the
applicable city or county general plan pursuant to paragraph (3) of subdivision (a) of Section 65583 of the Government Code. At least 50 percent of the perimeter of the area shall adjoin parcels that are developed with urban uses.
(iii) The capital improvement project for which funding is requested is necessary, as adopted by a planning document, to make the area suitable and available for residential development pursuant to Chapter 4.1 (commencing with Section 65912.100) of Division 1 of Title 7 of the Government Code.
(B) “Qualifying infill project” means a residential or mixed-use residential project located within an urbanized area on a site that has been previously developed, or on a vacant site where at least 50 percent of the perimeter of the site adjoins parcels that
are developed with urban uses.
(f) (1) For catalytic qualifying infill areas, grants for small jurisdictions and large jurisdictions shall be provided using a selection process established by the department that meets all of the following requirements:
(A) Applicants shall meet both of the following minimum threshold requirements:
(i) Readiness, which includes both of the following:
(I) A demonstration that the catalytic qualifying infill area development can complete environmental review and secure necessary entitlements from the local jurisdiction within a reasonable period of time following the submission of a grant application.
(II) A demonstration that the
eligible applicant has a viable plan to secure sufficient funding, derived from sources other than this part for the timely development of housing within a catalytic qualifying infill area.
(ii) A demonstration of the catalytic qualifying infill area location’s consistency with an adopted sustainable communities strategy or alternative planning strategy pursuant to Section 65080 of the Government Code.
(B) The department shall, at a minimum, rank the affected catalytic qualifying infill areas applications for small jurisdictions and large jurisdictions based on the following:
(i) The number of housing units, including affordable units as required in paragraph (2) of subdivision (g) to be developed within the catalytic qualifying infill area.
(ii) The
depth and duration of the affordability of the housing proposed for within the catalytic qualifying infill area.
(iii) The extent to which the average residential densities on the parcel or parcels to be developed exceeds the density standards contained in paragraph (3) of subdivision (g).
(iv) The catalytic qualifying infill area’s inclusion of, or proximity or accessibility to, a transit station, major transit stop, or other areas yielding significant reductions in vehicle miles traveled. traveled, or walkability to essential services and businesses.
(v) The proximity of planned housing within the catalytic qualifying infill
area used in the calculation of the eligible grant amount to existing or planned parks, employment or retail centers, schools, or social services.
(vi) Existing or planned ordinances and other zoning or building provisions that facilitate adaptive reuse, including, but not limited to, demonstration that, if the existing commercial, office, or retail structure intended for reuse as housing does not occupy the entirety of the underlying parcel, the adaptive reuse project will be permitted to add to the existing building or structure provided that the addition is consistent with the existing or planned zoning of the parcel.
(vii) The extent to which local strategies or programs are in place to prevent the direct or indirect displacement of local community residents and businesses from the area within
and surrounding the catalytic qualifying infill area.
(viii) The level of community outreach and engagement in project planning, including efforts to involve disadvantaged communities and low-income residents, particularly local community residents and businesses from the area within and surrounding the catalytic qualifying infill area.
(ix) Inclusion of any publicly owned lands within the designated catalytic qualifying infill area.
(x) Streamlining provisions related to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code), including, but not limited to, establishment of streamlined, program-level California Environmental Quality Act analysis and certification of general plans, community plans, specific plans with accompanying environmental impact
reports, and related documents and streamlining proposed projects, such as enabling a by-right approval process or by utilizing statutory and categorical exemptions as authorized by applicable law.
(C) Eligible applicants shall submit the following information in the application request for funding:
(i) A complete description of the catalytic qualifying infill area and documentation of how the catalytic qualifying infill area meets the requirements of this section.
(ii) A complete description of the capital improvement project and requested grant funding, how the capital improvement project is necessary to support the development of housing, and how it meets the criteria of this section.
(iii) Documentation that specifies how the application meets all
of the requirements of subdivision (g).
(iv) (I) Except as provided in subclause (II), a financial document that shows the gap financing needed for the project.
(II) For a qualifying infill project within a catalytic qualifying infill area located in the unincorporated area of the county, the department shall allow an applicant to meet the requirement described in subclause (I) by submitting copies of an application or applications for other sources of state or federal funding for a qualifying infill project.
(v) (I) Except as provided by subclause (II), documentation of all necessary entitlement and permits, and a certification from the applicant that the capital improvement project is shovel-ready.
(II) For
a qualifying infill project within a catalytic qualifying infill area located in the unincorporated area of the county, the department shall allow the applicant to meet the requirement described in subclause (I) by submitting a letter of intent from a willing affordable housing developer that has previously completed at least one comparable housing project, certifying that the developer is willing to submit an application to the county for approval by the county of a qualifying infill project within the area in the event that the funding requested pursuant to this subdivision is awarded.
(2) In allocating funds pursuant to this subdivision, the department, to the maximum extent feasible, shall ensure a reasonable distribution of funds, including consideration of differing population sizes of localities and geographic location. Applications shall be considered and ranked against applications of localities of similar size and scope. For the
purposes of this paragraph, the population of a county shall be the population in the unincorporated area.
(3) The department shall report the following information in its annual report due in 2024, as required by Section 50408:
(A) Specific uses of the funds for capital improvement projects.
(B) Locations of awarded catalytic qualifying infill area grants, including both of the following:
(i) Number of awards by geography, including urban and rural.
(ii) The types of buildings adapted to residential use.
(C) Total units to be created within the awarded qualifying infill areas, including anticipated affordability levels.
(D) Data on catalytic qualifying infill area projects funded, such as project sizes, adaptive reuse ordinances adopted, and by-right sites.
(g) A qualifying infill project, qualifying infill area, or catalytic qualifying infill area for which a capital improvement project grant may be awarded pursuant to paragraph (2) of subdivision (c), subdivision (d), subdivision (e), or subdivision (f) shall meet all of the following conditions:
(1) A qualifying infill area or catalytic qualifying infill area shall be located in a city, county, or city and county in which the general plan of the city, county, or city and county has an adopted housing element that has been found by the department, pursuant to Section 65585 of the Government Code, to be in compliance with the requirements of Article 10.6 (commencing with Section
65580) of Chapter 3 of Division 1 of Title 7 of the Government Code. This paragraph does not apply to a qualifying infill project.
(2) The project meets one of the following:
(2)Include
(A) Includes not less than 15 percent of affordable units, as follows:
(A)
(i) For projects that contain both rental and ownership units, units of either or both product types may be included in the calculation of the affordability criteria.
(B)(i)
(ii) (I) To the extent included in a project grant application, for the purpose of calculating the percentage of affordable units, the department may consider the entire master development in which
the development seeking grant funding is included.
(ii)
(II) Where applicable, an applicant may include a replacement housing plan to ensure that dwelling units housing persons and families of low or moderate income are not removed from the low- and moderate-income housing market. Residential units to be replaced shall not be counted toward meeting the affordability threshold required for eligibility for funding under this section.
(C)
(iii) For the purposes of this subdivision,
subparagraph, “affordable unit” means a unit that is made available at an affordable rent, as defined in Section 50053, to a household earning no more than 60 percent of the area median income or at an affordable housing cost, as defined in Section 50052.5, to a household earning no more than 120 percent of the area median income. Rental units shall be subject to a recorded covenant that ensures affordability for at least 55 years. Ownership units shall initially be sold to and occupied by a qualified household, and shall be subject to a recorded covenant that includes either a resale restriction for at least 30 years or equity sharing upon resale.
(B) If the project is a by-right site and is in compliance with Section 65913.4 or 65852.24 of the Government Code, or Chapter 4.1 (commencing with Section 65912.100) of Division
1 of Title 7 of the Government Code, the project meets the affordability requirements outlined in those sections, as applicable.
(3) Include average residential densities on the parcels to be developed that are equal to or greater than the densities described in subparagraph (B) of paragraph (3) of subdivision (c) of Section 65583.2 of the Government Code, except that a project located in a rural area as defined in Section 50199.21 shall include average residential densities on the parcels to be developed of at least 10 units per acre.
(4) Be located in an area designated
that allows for mixed-use or residential development pursuant to one of the following:
(A) A general plan adopted pursuant to Section 65300 of the Government Code.
(B) A sustainable communities strategy adopted pursuant to Section 65080 of the Government Code.
(C) A specific plan adopted pursuant to Section 65450 of the Government Code.
(D) A Workforce Housing Opportunity Zone established pursuant to Section 65620 of the Government Code.
(E) A housing sustainability district established pursuant to Section 66201 of the Government Code.
(F) A housing development that is in compliance with Section 65913.4 or 65852.24 of the Government Code, or Chapter 4.1 (commencing with Section 65912.100) of Division 1 of Title 7 of the Government Code.
(h) Funds awarded pursuant to this section shall supplement, not supplant, other available funding.
(i) The department shall adopt guidelines for the operation of the grant program. The guidelines shall include performance standards and authorize the reversion of grant awards if the awardee has not substantially met the performance standards.
(1) Performance standards shall include timelines for commencement of construction of a capital improvement project, completion of a capital improvement project, and commencement and completion
of associated housing development on an identified infill site, as identified in the qualifying infill project, qualifying infill area, or catalytic qualifying infill area application.
(2) Catalytic qualifying infill area awards may be conditioned upon the local jurisdiction completing any actions to expedite housing development rezoning to accommodate density, completing environmental reviews to support ministerial approvals of housing, and granting fee waivers or other incentives to expedite housing development that were used in qualifying for an award.
(j) The department shall require recipients of funds to report on progress of capital improvement projects, including, but not limited to, substantiation of grant expenditures and housing outcomes, including levels of affordability as provided in the application.
(k) The guidelines may also provide for recapture of grants awarded, but for which development of the related housing units has not progressed in a reasonable period of time from the date of the grant award, as determined by the department. The guidelines shall not be subject to the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
(l) For each fiscal year within the duration of the grant program, the department shall include within the report to the Governor and the Legislature, required by Section 50408, information on its activities relating to the grant program activities related to qualifying infill projects and qualifying infill areas, including small jurisdiction funding activities. The report shall include, but is not limited to, the following information:
(1) A summary of the projects
that received grants under the program for each fiscal year that grants were awarded.
(2) The description, location, and estimated date of completion for each project that received a grant award under the program.
(3) An update on the status of each project that received a grant award under the program, and the number of housing units created or facilitated by the program.
(m) Notwithstanding paragraph (3) of subdivision (g), a city with a population greater than 100,000 in a standard metropolitan statistical area or a population of less than 2,000,000 may petition the department for, and the department may grant, an exception to the jurisdiction’s classification pursuant to subdivisions (d) to (f), inclusive, of Section 65583.2 of the Government Code, if the city believes it is unable to meet the density
requirements specified in paragraph (3) of subdivision (g). The city shall submit the petition with its application and shall include the reasons why the city believes the exception is warranted. The city shall provide information supporting the need for the exception, including, but not limited to, any limitations that the city may encounter in meeting the density requirements specified in paragraph (3) of subdivision (g). Any exception shall be for the purposes of this section only. This subdivision shall become inoperative on January 1, 2026.
SEC. 2.
Section 53559.1 of the Health and Safety Code is amended to read:53559.1.
For the purposes of this part, the following definitions apply:(a) “Adaptive reuse” means the repurposing of building structures for residential purposes, such as former office use, commercial use, or business parks. When referring to building structures, adaptive reuse means retrofitting and repurposing of existing buildings that create new residential rental units, and expressly excludes a project that involves rehabilitation of any construction affecting existing residential units that are, or have been, recently occupied.
(b) “Capital improvement project” means the construction, rehabilitation, demolition, relocation, preservation, acquisition, or other physical improvement of a capital asset, as defined in
subdivision (a) of Section 16727 of the Government Code, that is an integral part of, or necessary to facilitate the development of, a qualifying infill project or qualifying infill area. Capital improvement projects that may be funded under the grant program established by this part include, but are not limited to, those related to the following:
(1) The creation, development, or rehabilitation of parks or open space.
(2) Water, sewer, or other utility service improvements.
(3) Streets, roads, or transit Transit linkages or facilities, including, but not limited to, related access plazas or pathways,
or bus or transit shelters, or facilities that support pedestrian or bicycle transit.
shelters.
(4) Facilities that support pedestrian or bicycle transit.
(5) Traffic mitigation.
(6) Streets or roads that are publicly maintained and open to the use of the public for purposes of vehicular travel and that will serve as a connector within a qualifying infill project or qualifying infill area.
(6)
(7) Sidewalk or streetscape
improvements, including, but not limited to, the reconstruction or resurfacing of sidewalks and streets or the installation of lighting, signage, or other related amenities.
(7)
(8) Adaptive reuse.
(8)
(9) Site preparation or demolition related to the capital improvement project or planned housing development used in calculating the eligible
grant amount.
(10) Nature-based solutions that are proven to reduce the risk from climate change-driven natural disasters and risks like wildfire, flooding, heat, and sea level rise. For purposes of this paragraph, “nature-based solutions” means sustainable planning, design, environmental management, and engineering practices that weave natural features or processes into the built environment to promote adaptation and resilience.
(c) “Catalytic qualifying infill area” means a contiguous area or multiple noncontiguous parcels located within an urbanized area that meet all of the following requirements:
(1) The contiguous area or noncontiguous parcels have been previously developed, or at least 75 percent of the
perimeter of each parcel or area adjoins parcels that are developed or have been previously developed with urban uses, provided that, for small jurisdiction applicants, the perimeter requirements in clause (i) of subparagraph (A) of paragraph (4) of subdivision (e) of Section 53559 shall apply. For purposes of this paragraph, perimeters bordering navigable bodies of water and improved parks shall not be included.
(2) No parcel within or adjoining the area is classified as agricultural or natural and working lands.
(3) The area or areas constitute a large catalytic investment in land that will accommodate a mix of uses, including affordable or mixed-income housing.
(d) (1) “Disadvantaged communities” means any of the following:
(A) Concentrated areas of poverty.
(B) Areas of high segregation and poverty and areas of low to moderate access to opportunity, as identified in opportunity area maps developed by the department and the California Tax Credit Allocation Committee.
(C) Communities of concern, disadvantaged communities identified pursuant to Section 39711, and low-income communities as defined in subdivision (d) of Section 39713.
(D) Areas of high housing cost burdens.
(E) Areas with high vulnerability of displacement; areas related to tribal entities.
(F) Any other areas experiencing disproportionate impacts of California’s housing and climate crisis.
(2) Applicants may propose alternative definitions to disadvantaged communities in consultation with the department.
(e) “Eligible applicant” means any of the following:
(1) A nonprofit or for-profit developer of a qualifying infill project.
(2) A city, county, city and county, or public housing authority that has jurisdiction over a qualifying infill area or catalytic qualifying infill area. A metropolitan planning organization may participate as a coapplicant.
(3) The duly constituted governing body of an Indian reservation or rancheria that has jurisdiction over a qualifying infill area or a tribally designated housing entity as defined in Section 4103 of Title 25 of the United States Code
and Section 50104.6.5 that is the developer of a qualifying infill project.
(A) A tribal entity may apply as a small jurisdiction or large jurisdiction, but may only apply as one or the other for any single qualifying infill project or qualifying infill area.
(B) The department may modify or waive requirements of this division consistent with the intent of paragraphs (1) and (2) of subdivision (p) of Section 50406 to allow tribal entities to access funding.
(f) “Locality” means a city, county, or city and county where a county means the unincorporated areas of that county.
(g) “Small jurisdiction” means a county with a population of less than 250,000 as of January 1, 2019, or any city within that county.
(h) “Large jurisdiction” means a county that is not a small jurisdiction, or any city within that county.
(i) “Major transit stop” has the same meaning as defined in subdivision (b) of Section 21155 of the Public Resources Code.
(i)
(j) “Urbanized area” means an incorporated city. For sites in unincorporated areas, the site must be within a designated urban service area that is designated in the local general plan for urban development and is served by the public sewer and water.
city or urbanized area as defined by the United States Census Bureau.
(j)
(k) “Urban uses” means any residential, commercial, industrial, public institutional, transit or transportation passenger facility, or retail use, or any combination of those uses.
