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Course Details

This CLE webinar will examine two recently enacted laws providing some of the most significant reforms to the California Environmental Quality Act (CEQA) in recent history—AB 130 and SB 131—and the impact on housing development. The panel will examine how the laws streamline the CEQA review process, discuss open questions and challenges related to qualifying for the new exemptions provided under the laws, and offer best practices for guiding developer clients through this new regulatory landscape.

Faculty

Description

In response to California's housing crisis, two laws were recently enacted that provide some of the most consequential reforms to CEQA in recent history—AB 130 and SB 131. The recent reforms are intended to facilitate the environmental review process and minimize CEQA legal challenges by expanding CEQA exemptions for certain housing projects with the goal of increasing housing supply and limiting the misuse of CEQA as a tool by project opponents to delay or kill housing development.

For example, AB 130 creates a new exemption for infill housing development projects, which include residential and mixed-use residential projects, that meet certain standards related to the project's acreage, location, surrounding uses, and density. Developers of qualifying projects will save significant application processing time and study costs that may otherwise have been required under CEQA. However, there are open questions as to who qualifies and how these standards may be met.  

SB 131 also includes provisions to expedite approval and development of qualifying housing projects including allowing for a streamlined environmental review of housing projects that would be exempt from CEQA but for a single condition. 

Real estate counsel should understand how the reforms change the housing development landscape, what impact there may be for projects that were in the process of being reviewed when the laws were enacted, and what may be required of their developer clients moving forward.

Listen as our expert panel closely examines recent CEQA reforms and project impact. The panel will discuss open questions and compliance challenges and offer best practices for guiding developer clients through this rapidly evolving regulatory landscape.

Outline

I. Introduction

II. New CEQA reforms

A. AB 130

1. Exemption

2. Qualifying projects

3. Developer obligations

B. SB 131

1. Exemption

2. Qualifying projects

3. Limited scope of environmental review

III. Project impact

A. Projects under review when the laws were enacted

B. Future projects  

IV. Remaining questions and compliance challenges

V. Best practices for guiding clients through the new legislative requirements

Benefits

The panel will review these and other important issues:

  • What is the purpose of the recent CEQA reforms?
  • What CEQA exemptions are provided under AB 130 and SB 131?
  • What are the qualifying standards for meeting these exemptions? What questions remain as to who qualifies?
  • How will the reforms impact projects that were already under review when the new laws were enacted? New projects moving forward?