SB 1145 California Senate · 2025-2026 Regular Session

California Environmental Quality Act: surplus land disposal requirements: exemption.

Summary

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. Under existing law, land declared by an agency of the state or any local agency as "exempt surplus land" is not subject to these requirements. The Planning and Zoning Law requires cities and counties to prepare, adopt, and amend general plans and elements of those general plans, as specified. After the legislative body has adopted all or part of a general plan, the law requires the planning agency to provide by April 1 of each year an annual report to specified entities that includes certain information, including the status of the plan and progress of its implementation. This bill would exempt land that was or will be conveyed by the federal government to a local reuse authority in accordance with a military base closure and realignment, as specified, from these requirements if certain conditions are met. The bill would require a local reuse authority, if it is a city or county, to include specified information relating to the development of residential units on conveyed land as part of their annual report relating to their general plan. Because the bill would impose new duties on a local agency, this bill would impose a state-mandated local program. The bill would also limit the time to bring an action to challenge the application of this exemption to within 90 days after the local reuse authority's approval of a disposition and development agreement, purchase and sale agreement, or similar agreement regarding the disposition of all or any portion of the land by the local reuse authority and not at the time of each subsequent conveyance or phased conveyance of the land. 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 is consistent with the area plan land use map and has the same land use types and locations for those land use types as adopted in the area plan reviewed in those specified environmental review documents. The bill would further provide that any additional land use types or location of land use types that are not the same as those adopted in the area plan reviewed in the specified environmental documents would be a project subject to subsequent review pursuant to CEQA, and would not be required to conduct redundant analysis to what was adopted in the CRP area plan reviewed in the specified environmental documents, as provided. To the extent the bill imposes new duties on local agencies, the bill would impose a state-mandated local program. The bill would make its provisions severable. This bill would make legislative findings and declarations as to the necessity of a special statute for the City of Concord. 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Bill status passed 3 of 5 stages cleared

Introduction

Feb 2026

Committee Review

May 2026

Senate Passage

May 2026

Assembly Passage

Governor

Introduced Feb 18, 2026 Last action May 26, 2026

Maddy AI version diff · 4 comparisons

What changed between versions

04/28/26 - Amended Senate → SB1145 · 4 edits

MODERATE

SB 1145, which exempts former military base land from California's Surplus Land Act and provides a CEQA streamlining mechanism for the Concord Naval Weapons Station reuse project, underwent a significant simplification of its environmental review exemption. The CEQA provision was changed from a multi-condition test (requiring specific caps on unit increases, project labor agreements, and homeless service provider agreements) to a simpler standard based on consistency with the adopted area plan land use map. The bill also moved from a printed legislative format to a web-based presentation.

REQUIREMENT

The CEQA exemption in Section 21189.61 was simplified. Previously, a project qualified for the conclusive presumption that prior environmental documents satisfied CEQA only if it met six specific conditions: no expansion of plan area boundaries, no more than 25 percent increase in residential units, no more than 25 percent increase in commercial space, no reduction in the 25 percent affordability requirement, a negotiated project labor agreement, and legally binding agreements with local homeless service providers. The new version replaces this with a single standard: the project must be consistent with the CRP area plan land use map and have the same land use types and locations as adopted in that plan.

The old version included a provision stating that if a project met certain conditions but exceeded the 25 percent thresholds for residential units or commercial space, any subsequent environmental impact review was not required to include discussion of alternatives to the project or its growth-inducing impacts. This exemption from alternatives and growth-inducing impact analysis was removed.

The new version adds an explicit tiering requirement: for projects that introduce additional land use types or locations not matching the CRP area plan, any required subsequent CEQA review must tier off existing environmental review in the city's general plan and is not required to conduct redundant analysis of what was already addressed in the CRP area plan environmental documents.

TECHNICAL

The document was reformatted from a traditional printed legislative bill layout (with line numbers, page headers, and amendment tracking) to a web-based presentation format with navigation elements. This is a presentational change with no substantive legal effect.

04/08/26 - Amended Senate → 04/28/26 - Amended Senate · 6 edits · Apr 28, 2026

MODERATE

The April 28 amendment to SB 1145 adds significant conditions and oversight requirements to the Surplus Land Act exemption for former military base land, and restructures the CEQA provisions for the Concord Naval Weapons Station redevelopment. The exemption now requires affordable housing commitments (25% of units restricted for lower income households) and project labor agreements before it applies, with new reporting obligations every five years starting in 2032. The CEQA exemption is simplified to hinge on consistency with the adopted area plan land use map rather than a multi-condition test.

Scope change

The bill's scope is narrowed for the Surplus Land Act exemption (now conditional on affordability and labor agreement requirements) while simultaneously expanding oversight through new reporting duties imposed on local agencies, creating a state-mandated local program. The CEQA provisions are broadened in one sense (simpler test based on area plan consistency) but add a tiering mechanism for projects that deviate from the plan.

ELIGIBILITY

The Surplus Land Act exemption for BRAC-conveyed land now requires two conditions to be met before disposition: (1) an agreement requiring at least 25% of residential units to be restricted to lower income households (affordable housing cost for 45 years or affordable rent for 55 years), and (2) the recipient must be subject to a project labor agreement. Previously the exemption applied unconditionally.

REQUIREMENT

New five-year reporting requirement starting January 1, 2032: the local agency must report to DHCD and legislative policy committees on whether the affordability and project labor agreement conditions are being met.

If the local reuse authority is a city or county, it must include in its annual general plan report (required under Section 65400) the status of residential unit development on the former base, including total units permitted and the percentage restricted for low- or moderate-income households.

The CEQA exemption (Section 21189.61) is restructured. The previous version required projects to meet six specific conditions (including 25% increase thresholds on units and commercial space, PLA requirement, and homeless service provider agreements). The new version bases the conclusive presumption that prior environmental review documents satisfy CEQA on whether the project is consistent with the CRP area plan land use map and has the same land use types and locations. Projects with additional or different land uses require subsequent CEQA review but may tier off existing review without redundant analysis.

ENFORCEMENT

The local reuse authority must notify DHCD and relevant legislative policy committees within 30 days if it amends a disposition agreement in a way that would modify the affordability requirements that formed the basis for the Surplus Land Act exemption.

FISCAL

A new provision (labeled as a second Section 5, likely a drafting error for Section 6) provides that if the Commission on State Mandates determines the act contains state-mandated costs, reimbursement shall be made to local agencies and school districts. This sits alongside the existing Section 5 stating no reimbursement is required because local agencies can levy sufficient fees.

02/18/26 - Introduced → 03/23/26 - Amended Senate · 9 edits · Mar 23, 2026

MAJOR

SB 1145 was transformed from a minor nonsubstantive fix to Section 75215 (changing 'Prior to' to 'Before') into a major site-specific bill for the Concord Naval Weapons Station redevelopment. The amendment adds a CEQA exemption for projects within the approximately 5,000-acre plan area, exempts federally conveyed military base land from state surplus land disposal requirements, and includes legislative findings supporting the project's vision of over 10,000 housing units with 25 percent affordability. This matters because it significantly streamlines environmental review and land disposal processes for one of California's largest former military base redevelopments.

SCOPE

Added a new Chapter 6.8 to the Public Resources Code (Sections 21189.60-21189.61) creating a CEQA exemption for projects within the Concord Community Reuse Project plan area. Previously certified environmental review documents are conclusively presumed to satisfy CEQA for qualifying projects, eliminating the need for new environmental impact reports.

Added Government Code Section 54222.3.3 exempting land conveyed by the federal government to a local reuse authority under military base closure and realignment laws from state surplus land disposal requirements (notice, findings, and other procedures in Article 1 of Chapter 4 of Part 1 of Division 5 of Title 5).

Added legislative findings describing the Concord Naval Weapons Station's history, the Navy's intent to convey approximately 2,350 acres to the City of Concord, prior environmental reviews, the 2010 reuse plan, and the projected development of at least 10,000 housing units with 25 percent affordability and up to 6.1 million square feet of commercial space.

State-mandated local program designation changed from 'no' to 'yes,' acknowledging that the CEQA exemption imposes new duties on local agencies.

ELIGIBILITY

Added conditions that must be met for the CEQA exemption to apply: no expansion of plan area boundaries, no increase in residential units or commercial space beyond unspecified percentages (blanks left unfilled), no reduction of the 25 percent affordability requirement, a negotiated project labor agreement, and legally binding agreements with local homeless service providers.

ENFORCEMENT

Added a 90-day statute of limitations for challenging the applicability of the surplus land exemption, running from the local reuse authority's approval of a disposition and development agreement rather than from each subsequent conveyance or phased conveyance.

DEFINITION

Added definitions for 'applicant,' 'City,' 'CNWS,' 'CNWS environmental review documents' (identifying three specific documents), 'Concord Community Reuse Project,' 'CRP area plan,' 'plan area' (approximately 5,000 acres), 'plan documents,' and 'project labor agreement.'

FISCAL

Fiscal committee designation changed from 'no' to 'yes,' indicating the bill now has fiscal implications requiring committee review.

TECHNICAL

Added a finding that a special statute is necessary for the City of Concord due to unique circumstances, and a provision that no state reimbursement is required because local agencies can levy service charges, fees, or assessments sufficient to cover mandated costs.

03/23/26 - Amended Senate → 04/08/26 - Amended Senate · 6 edits · Apr 8, 2026

MODERATE

The April 8 amendment to SB 1145 removes the Affordable Housing and Sustainable Communities Program (Section 75215) provision entirely, fills in previously blank CEQA exemption thresholds at 25 percent with a 2012 baseline date, adds a new provision exempting projects exceeding those thresholds from having to discuss alternatives or growth-inducing impacts in subsequent environmental reviews, adds a severability clause, and inserts two new legislative findings explaining why the Surplus Land Act would conflict with federal base closure requirements. The bill is now focused solely on facilitating redevelopment of the Concord Naval Weapons Station.

Scope change

The bill's scope narrowed by removing the AHSC/Section 75215 provision, making it exclusively about facilitating redevelopment of the Concord Naval Weapons Station through Surplus Land Act exemptions and CEQA streamlining. The CEQA exemption was broadened in practice by filling in the 25 percent thresholds and adding a carve-out from alternatives and growth-inducing impact analysis for projects exceeding those thresholds.

SCOPE

The entire amendment to Section 75215 of the Public Resources Code (Affordable Housing and Sustainable Communities Program guidelines and selection criteria) was deleted. The bill no longer touches greenhouse gas or AHSC program provisions.

Two new legislative findings were inserted: one explaining that the federal base closure process requires legally binding negotiations with homeless assistance providers and HUD-approved submissions, and another explaining that applying the Surplus Land Act would create a duplicative and conflicting state framework that interferes with federal objectives.

REQUIREMENT

Previously blank thresholds in the CEQA exemption (Section 21189.61(a)) were filled in: projects may increase residential units by up to 25 percent and commercial space by up to 25 percent over levels identified in the CRP area plan as of 2012, without triggering a new environmental review.

New Section 21189.61(c) provides that even if a project exceeds the 25 percent thresholds for residential units or commercial space, as long as it meets the other conditions (no boundary expansion, no reduction in affordability, project labor agreement, homeless service agreements), any subsequent environmental review is not required to discuss alternatives to the project or its growth-inducing impacts.

DEFINITION

New Section 21189.62 adds a severability clause for Chapter 6.8, stating that if any provision is held invalid, the remaining provisions continue in effect.

TECHNICAL

The fiscal committee vote changed from 'no' to 'yes,' indicating the bill now has fiscal committee approval.

Floor votes · Senate May 19, 2026

How they voted

39–0

Passed · 1 other

Total votes 40

May 19, 2026

D Democratic30

30 Yea

100% Yea

R Republican10

9 Yea 1

90% Yea

Vote distribution

All Yea All Nay Mixed No data

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Amendments

May 26, 2026

Committee

Referred to Coms. on L. GOV. and NAT. RES.

lower

May 19, 2026

Upper · Passed

Read third time. Passed. (Ayes 39. Noes 0. Page 4361.) Ordered to the Assembly.

upper

May 14, 2026

Upper · Passed

From committee: Do pass. (Ayes 7. Noes 0. Page 4266.) (May 14).

upper

Apr 28, 2026

Upper · Passed

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

upper

Apr 27, 2026

Upper · Passed

From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 0. Page 4009.) (April 22).

upper

Apr 15, 2026

Upper · Passed

From committee: Do pass and re-refer to Com. on E.Q. (Ayes 7. Noes 0. Page 3904.) (April 15). Re-referred to Com. on E.Q.

upper

Apr 8, 2026

Upper · Passed

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

upper

Apr 8, 2026

Committee

Re-referred to Coms. on L. GOV. and E.Q.

upper

Mar 23, 2026

Upper · Passed

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

upper

Feb 26, 2026

Committee

Referred to Com. on RLS.

upper

Feb 18, 2026

Introduced

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

upper

1 primary · 0 co-sponsors