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California 20252026

SB 328

California Environmental Quality Act: exempt surplus land.

Open original source Back to bills
Source: Open States / PluralUpdated 2026-09-12 13:12:55 UTC.

Official record

Measure details

Jurisdiction
California
Session
20252026
Chamber
upper
Classification
bill
Subjects
CaliforniaEnvironmentalQualityAct, exemptsurplusland
Introduced / first action
2025-02-11 00:00:00

Alternate titles

  • Hazardous waste generator permits: housing development projects.
  • Hazardous waste generation and handling fees: Department of Toxic Substances Control oversight and postentitlement phase permit responses: housing development, park, or open-space projects and nonprofit entity requests.
  • Hazardous waste generation and handling fees: study and report: affordable housing development projects.
  • Hazardous waste generation and handling fees: Department of Toxic Substances Control oversight responses: housing development projects.
  • Hazardous waste generation and handling fees: Department of Toxic Substances Control oversight and postentitlement phase permit responses: housing development projects.
  • Hazardous waste control: investigations.

Source-supplied abstracts

(1) Existing law requires a local agency to declare land either "surplus land" or "exempt surplus land," as supported by written findings, before the local agency may take any action to dispose of it consistent with an agency's policies or procedures and defines terms for these purposes. Existing law generally requires a local agency, before disposing or negotiating to dispose of surplus land, to provide a written notice of the availability of the surplus land to specified entities and housing sponsors. Existing law provides that an agency is not required to follow the requirements for the disposal of surplus land for "exempt surplus land." Existing law defines "exempt surplus land" to include certain types of land, including, surplus land totaling 10 or more acres, consisting of either a single parcel, or 2 or more adjacent or nonadjacent parcels combined for disposition to one or more buyers pursuant to a plan or ordinance adopted by the legislative body of the local agency, or a state statute and certain surplus land that is a former military base, known as the Alameda Naval Air Station, if specified conditions are met. Existing law, the Planning and Zoning Law, requires each county and each city to adopt a comprehensive, long-term general plan for the physical development of the county or city, and specified land outside its boundaries, that includes, among other specified mandatory elements, a housing element. That law requires the planning agency of a city or county to provide by April 1 of each year an annual report to, among other entities, the Office of Land Use and Climate Innovation. This bill would revise the definition of "exempt surplus land" to remove the reference to buyers and instead mean 2 or more adjacent or nonadjacent parcels combined for disposition to one or more persons or entities, as specified. The bill would also exempt surplus land that is a former military base that was conveyed by the federal government to a local agency or a local reuse authority, and that is all or any portion of the Concord Naval Weapons Station, if certain requirements are met, including that the former military base has an aggregate area greater than 5 acres and that before disposition of the land, the local agency or local reuse authority has entered into a disposition and development agreement that stipulates that at least 25% of the aggregate residential units permitted to be developed will be restricted to lower income households with an affordable housing cost or affordable rent for a minimum of 55 years for rental housing and 45 years for owner-occupied housing, as specified. The bill would regulate actions challenging the disposition and would prescribe penalties for violations of these provisions. The bill would also regulate the actions of the local agency or local reuse authority, including, among other things, requiring the local agency or local reuse authority to include in the annual report the status of development of residential units on the former military base, as specified. (2) The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. This bill would provide that specified environmental review documents satisfy the requirements of CEQA for any project within the portion of the Concord Naval Weapons Station included within the boundaries of the area plan for the Concord Community Reuse Project, as provided, that has land use types that are consistent with the area plan land use types and locations for those land use types that are consistent with the area plan diagram and the project does not cause the aggregate development in the area plan to exceed the area plan maximum planning areawide total, as specified. The bill would further provide that a project that contains land use types that are consistent with the area plan land use types in locations that are not consistent with the area plan diagram would be subject to review pursuant to CEQA, and would be limited to review of the location of land use types that are not consistent with the area plan diagram, as provided. In any action or proceeding challenging a project described above, the bill would require a project applicant to pay any additional costs incurred by the courts in hearing cases relating to the challenge of the project and would require a lead agency to lodge a copy of the certified record of proceedings with the superior court within 10 calendar days after being served with a complaint or a petition for a writ of mandate. Because the bill imposes new duties on local agencies, the bill would impose a state-mandated local program. The bill would require the Judicial Council, on or before July 1, 2027, to adopt rules of court that require any action or proceeding brought to attack, review, set aside, void, or annul the approval of any project within the plan area or any environmental impact review for any project within the plan area, including any potential appeals to the court of appeal or the California Supreme Court, to be resolved to the extent feasible within 270 calendar days of the filing of the certified record of proceedings with the court. The bill would make these provisions severable. (3) This bill would make legislative findings and declarations as to the necessity of a special statute for the City of Concord. (4) 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. (5) This bill would declare that it is to take effect immediately as an urgency statute.

Sponsors

Source-supplied history

Actions

  1. Enrolled and presented to the Governor at 4 p.m.

    executive-receipt

  2. Assembly amendments concurred in. (Ayes 39. Noes 0.) Ordered to engrossing and enrolling.

    amendment-passage, committee-passage, committee-passage-favorable

  3. Urgency clause adopted.

    amendment-passage, passage

  4. In Senate. Concurrence in Assembly amendments pending.

  5. Read third time. Urgency clause adopted. Passed. Ordered to the Senate.

    amendment-passage, passage, reading-1, reading-3

  6. Read second time. Ordered to third reading.

    reading-1, reading-2, reading-3

  7. From committee: Do pass. (Ayes 14. Noes 0.) (August 27).

    committee-passage, committee-passage-favorable

  8. From committee: Do pass and re-refer to Com. on NAT. RES. (Ayes 8. Noes 0.) (August 27). Re-referred to Com. on NAT. RES.

    committee-passage, committee-passage-favorable, referral-committee

  9. From committee with author's amendments. Read second time and amended. Re-referred to Com. on L. GOV.

    amendment-passage, committee-passage, reading-1, reading-2, referral-committee

  10. Assembly Rule 56 suspended.

  11. Joint Rule 62(a) suspended.

  12. Re-referred to Coms. on L. GOV. and NAT. RES. pursuant to Assembly Rule 77.2.

    referral-committee

  13. Action rescinded whereby bill re-referred to Com. on L. GOV. on August 24.

    referral-committee

  14. Joint Rule 62(a) suspended.

  15. Re-referred to Com. on L. GOV. pursuant to Assembly Rule 77.2.

    referral-committee

  16. Ordered to third reading.

    reading-1, reading-3

  17. Read third time and amended.

    amendment-passage, reading-1, reading-3

  18. Assembly Rule 69(b)(1) suspended. (Ayes 55. Noes 17. Page 6296.)

  19. Read second time. Ordered to third reading.

    reading-1, reading-2, reading-3

  20. Read second time and amended. Ordered to second reading.

    amendment-passage, reading-1, reading-2

  21. From committee: Do pass as amended. (Ayes 11. Noes 0.) (August 13).

    amendment-passage, committee-passage, committee-passage-favorable

  22. Assembly Rule 63 suspended.

  23. August 29 hearing postponed by committee.

  24. August 20 set for first hearing. Placed on APPR. suspense file.

  25. From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (July 14). Re-referred to Com. on APPR.

    committee-passage, committee-passage-favorable, referral-committee

  26. July 14 set for first hearing. Placed on REV. & TAX. suspense file.

  27. From committee: Do pass and re-refer to Com. on REV. & TAX. (Ayes 7. Noes 0.) (July 1). Re-referred to Com. on REV. & TAX.

    committee-passage, committee-passage-favorable, referral-committee

  28. From committee with author's amendments. Read second time and amended. Re-referred to Com. on E.S & T.M.

    amendment-passage, committee-passage, reading-1, reading-2, referral-committee

  29. Referred to Coms. on E.S & T.M. and REV. & TAX.

    referral-committee

  30. In Assembly. Read first time. Held at Desk.

    reading-1

  31. Read third time. Passed. (Ayes 38. Noes 0. Page 1337.) Ordered to the Assembly.

    passage, reading-1, reading-3

  32. Read second time. Ordered to third reading.

    reading-1, reading-2, reading-3

  33. Read second time and amended. Ordered to second reading.

    amendment-passage, reading-1, reading-2

  34. From committee: Do pass as amended. (Ayes 5. Noes 0. Page 1196.) (May 23).

    amendment-passage, committee-passage, committee-passage-favorable

  35. Set for hearing May 23.

  36. May 12 hearing: Placed on APPR. suspense file.

  37. Set for hearing May 12.

  38. Read second time and amended. Re-referred to Com. on APPR.

    amendment-passage, reading-1, reading-2, referral-committee

  39. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 0. Page 872.) (April 23).

    amendment-passage, committee-passage, committee-passage-favorable, referral-committee

  40. From committee with author's amendments. Read second time and amended. Re-referred to Com. on REV. & TAX.

    amendment-passage, committee-passage, reading-1, reading-2, referral-committee

  41. Set for hearing April 23.

  42. Read second time and amended. Re-referred to Com. on REV. & TAX.

    amendment-passage, reading-1, reading-2, referral-committee

  43. From committee: Do pass as amended and re-refer to Com. on REV. & TAX. (Ayes 8. Noes 0. Page 634.) (April 2).

    amendment-passage, committee-passage, committee-passage-favorable, referral-committee

  44. Set for hearing April 2.

  45. Re-referred to Coms. on E.Q. and REV. & TAX.

    referral-committee

  46. From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.

    amendment-passage, committee-passage, reading-1, reading-2, referral-committee

  47. Referred to Com. on RLS.

    referral-committee

  48. From printer. May be acted upon on or after March 14.

  49. Introduced. Read first time. To Com. on RLS. for assignment. To print.

    introduction, reading-1, referral-committee

Documents and versions

Official links

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Related measures

No resolvable related measure is supplied.