How SB 131 Tries To Put the ‘Land’ Back in ‘Land Use’

Note: This is the ninth update in our series covering AB 130 and SB 131, two bills that work substantive changes to the California Environmental Quality Act (CEQA) and California housing law. Click here to learn more about other recent updates in these bills.

As a part of its significant reform to CEQA, SB 131 provides further direction to the Governor’s Office of Land Use and Climate Innovation (“LCI”)—formerly known the Office of Planning and Research—as the designated rulemaking entity to effectuate infill housing streamlining.

In brief, LCI is a comprehensive planning agency primarily responsible for initiatives with a focus on areas impacting land use, climate and housing opportunities. In that role, LCI has been vested with the responsibility to develop administrative rules for the implementation of CEQA by public agencies, known as the CEQA Guidelines, for consideration and adoption by the California Natural Resources Agency. (Pub. Res. Code Section 21083(a).)

With the adoption of SB 131, LCI is now directed to map eligible urban infill sites within every urbanized area or urban cluster in the state. (Pub. Res. Code Section 21083.03(a)(1).) It is also required to develop a definition of, and metrics for, identifying eligible urban infill sites that reflect both that the site has a land use designation that is consistent with infill development (as set forth in the local jurisdiction’s most recent general plan or adopted, certified housing element), and that development on the site promotes compact development in order to accomplish specified goals relating to improved environmental or community impact. (Id., Section 21083.03(a)(2).) As part of the map development process, LCI is required to transmit its draft map to the board of supervisors of any county and city council of any city that has been included at least 120 days before adoption. (Id., Section 21083.03(a)(3).) Cities and counties then must submit comments on the draft map within 45 days. (Id.)

SB 131 also requires that, on or before Jan. 1, 2027, and at least once every two years thereafter, LCI shall update the CEQA Guidelines developed to implement Pub. Res. Code Section 21094.5 to ensure clarity in terminology and mitigate litigation over agency decisions. (Pub. Res. Code Section 21094.5.5(c); see also CEQA Guidelines Section 15183.3 (Streamlining for Infill Projects) and Appendix M.) This provision will ensure that the CEQA Guidelines remain current, addressing the common critique that certain CEQA Guidelines can become outdated.

While these amendments to CEQA are largely technical, it points to an increased focus from Gov. Newsom on regulatory reforms that will endure beyond his administration. By vesting LCI with significant authority to define both the nature and possible location of future infill development, SB 131 empowers regulators to subtly shape the housing conversation moving forward.

To learn more about these changes to the LCI’s responsibilities over infill development, please contact the authors.

This document is intended to provide you with general information regarding AB 130 and SB 131 in California. The contents of this document are not intended to provide specific legal advice. If you have any questions about the contents of this document or if you need legal advice as to an issue, please contact the attorneys listed or your regular Brownstein Hyatt Farber Schreck, LLP attorney. This communication may be considered advertising in some jurisdictions. The information in this article is accurate as of the publication date. Because the law in this area is changing rapidly, and insights are not automatically updated, continued accuracy cannot be guaranteed.