Section 6982 - Division of Community Affairs(a) The following activities are not projects:(1) Program monitoring and evaluation,(3) Technical assistance, including loan packaging assistance,(4) Inventory of surplus lands,(5) The Low-Income Home Management Training Program,(6) Housing Assistance for the Disabled and Elderly,(7) The Rural/Land Purchase Program,(8) California Housing Advisory Service.(9) Loans under the Homeownership Assistance Program involving financial assistance to purchasers of shares in existing mobilehome cooperative units.(b) The following activities are statutorily-exempt from CEQA: (1) Loans and grants related to disasters and emergency assistance.(2) Loans and grants for feasibility and planning studies for possible future actions that have not been approved, funded, or adopted. Such studies include grants and loans made through Division of Community Affairs programs including, e.g., (i) the Comprehensive Planning Assistance Grant Program, and (ii) feasibility studies for the repair or replacement of existing water and sewer facilities pursuant to the Remote Rural Development Program.(3) Loans and grants for the construction of housing or neighborhood facilities in an urbanized area after considering an EIR previously prepared for a specific plan or a local coastal program if the requirements of Title 14, Section 15068.6 of the State CEQA Guidelines are met.(c) The following activities are categorically exempt from CEQA: (1) Loans and grants for rehabilitation of deteriorated or damaged housing, minor additions to existing housing and repair and minor alteration of existing infrastructure (Class 1) including, such activities funded under the Deferred Rehabilitation Loan Program, Demonstration Housing Program, Indian Assistance Program, Remote Rural Demonstration Program, Migrant Services Program, Housing Predevelopment Loan Fund, and the Farmworker Housing Grant Program.(2) Loans and grants for replacement or reconstruction of existing structures and facilities, including utilities (Class 2) e.g., Solar Loan Fund, Migrant Services Program.(3) Loans and grants for new construction of limited numbers of single-family residences, and apartments, duplexes and similar structures and new construction of utility extensions of reasonable length to serve such construction, and accessory structures as described in Title 14, Section 15103 of the State CEQA Guidelines (Class 3), including, e.g., Housing Predevelopment Loan Fund, Rental Housing Construction Program, Homeownership Assistance Program, Migrant Services Program, and Farmworker Housing Grant Program.(4) Loans for the purchase of existing structures where the loan will not be purchased by financial institutions (Class 10), including, e.g., Homeownership Assistance Program.(5) Loans and grants to public agencies (including housing authorities, redevelopment agencies) to acquire housing units, either already existing or with all permit approvals for construction, in order to implement a Housing Assistance Plan (Class 26). A notice of exemption must be filed for all categorically exempt activities.
(d) The following activities require preparation of environmental documents unless they are exempt under Section 6980(a) or the provisions above: (1) Farmworker Housing Grant Program for new construction only.(2) Housing Predevelopment Loan Fund (urban and rural), for new construction only.(3) Remote Rural Demonstration Project, for new construction only.(4) Rental Housing Construction Program.(5) Homeownership Assistance Program.(6) Indian Assistance Program, for new construction only.(7) Century Freeway Replacement Housing Program. The Department's CEQA responsibilities for programs within the Division of Community Affairs will depend on whether it is the Lead Agency or the Responsible Agency. If another public agency has the greatest responsibility for carrying out or approving the project, (e.g., is the recipient of a grant from HCD) it is the Lead Agency and must prepare environmental documents. In such case, HCD will have the obligations of a Responsible Agency. Where a private entity is the recipient of a loan or grant from HCD to perform one of the above activities and a local public agency does not have the primary responsibility for approving the project, HCD is Lead Agency and must prepare environmental documents unless another public agency (e.g., CHFA) has a greater responsibility for carrying out the project.
Cal. Code Regs. Tit. 25, § 6982
1. Renumbering of Section 6982 to Section 6983 and renumbering and amendment of former Section 6981 to Section 6982 filed 5-5-82; designated effective 6-2-82 pursuant to Government Code Section 11346.2(d) (Register 82, No. 19). Note: Authority cited: Section 21082, Public Resources Code. Reference: Title 14, CAC, Section 15050; and Sections 21065, 21080 and 21080.7, Public Resources Code.
1. Renumbering of Section 6982 to Section 6983 and renumbering and amendment of former Section 6981 to Section 6982 filed 5-5-82; designated effective 6-2-82 pursuant to Government Code Section 11346.2(d) (Register 82, No. 19).