CEQA & environmental
Statutory exemption
A legislature-enacted CEQA exemption — immune to the § 15300.2 exceptions that defeat categorical classes. AB 130's 2025 infill housing exemption is one.
Definition
A statutory exemption is written by the Legislature directly into the CEQA statute rather than adopted by regulation: ministerial projects, emergency actions, and a growing list of project-specific carve-outs — most importantly AB 130's 2025 exemption for qualifying infill housing on sites up to 20 acres. Because the exemption is legislative, the Guidelines § 15300.2 exceptions (unusual circumstances, cumulative impacts) that defeat categorical exemptions do not apply; a court asks only whether the statute's own criteria are met.
Why it matters in an underwrite
Statutory exemptions are the strongest CEQA posture short of a fully ministerial approval: the litigation fight collapses into whether the project satisfies the statutory checklist, so the eligibility memo — density floors, plan consistency with the density-bonus chain honored, site screens, any tenancy or labor conditions — is the whole battle. File the notice of exemption to start the 35-day challenge window, and bring the analysis to the counter: staff habits still route qualifying projects into MNDs.
Sources & related guides
See also
See the term in the law itself
Read the controlling text in the Code Library, or ask the AI how it applies to your project.
Last reviewed 2026-07-29. General information, not legal advice.