BILL NUMBER: AB 2814	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Simitian

                        FEBRUARY 20, 2004

   An act to add Sections 21080.15 and 21084.5 to the Public
Resources Code, relating to natural resources.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2814, as introduced, Simitian.  Natural resources: California
Environmental Quality Act.
   (1) The existing California Environmental Quality Act (CEQA)
requires a lead agency to prepare, or cause to be prepared, and to
certify the completion of, an environmental impact report on a
project, as defined, that it proposes to carry out or approve that
may have a significant effect on the environment, as defined, or to
adopt a negative declaration if it finds that the project will not
have that effect.  CEQA also generally 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.  CEQA provides some exemptions from its
requirements for specified projects.
   This bill would exempt from CEQA an action taken by a state or
local government, if the primary, bona fide objective of the action
is to maintain, restore, enhance, protect, or conserve coastal or
marine resources in a marine life reserve, marine protected area, or
marine managed area, as specified, and any potential adverse
environmental effect of that action is expected to be offset by the
action's intended beneficial environmental effect.  Unless a project
is exempt from CEQA under this provision, the bill would require a
lead agency to prepare, or cause to be prepared by contract, and
certify the completion of, an environmental impact report, or, if
appropriate, a modification, addendum, or supplement to an existing
environmental impact report, for a project that may adversely affect
the coastal or marine resources in one of those reserves or areas.
By imposing new duties on a lead agency, the bill would impose a
state-mandated local program.
  (2) 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, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
   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 these
statutory provisions.
   Vote:  majority.  Appropriation:  no.  Fiscal committee:  yes.
State-mandated local program:  yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 21080.15 is added to the Public Resources Code,
to read:
   21080.15.  This division does not apply to an action taken by a
state or local agency, if the primary, bona fide objective of the
action is to maintain, restore, enhance, protect, or conserve coastal
or marine resources in a marine life reserve designated pursuant to
Chapter 10.5 (commencing with Section 2850) of Division 3 of the Fish
and Game Code, or a marine protected area or marine managed area,
designated pursuant to Chapter 7 (commencing with Section 36600) of
Division 27, and any potential adverse environmental effect of that
action is expected to be offset by the action's intended beneficial
environmental effect.
  SEC. 2.  Section 21084.5 is added to the Public Resources Code, to
read:
   21084.5.  Notwithstanding Section 21080.5 or 21084, a lead agency
shall prepare, or cause to be prepared by contract, and certify the
completion of, an environmental impact report, or, if appropriate, a
modification, addendum, or supplement to an existing environmental
impact report, for a project that may adversely affect the coastal or
marine resources in a marine life reserve designated pursuant to
Chapter 10.5 (commencing with Section 2850) of Division 3 of the Fish
and Game Code, or a marine protected area or marine managed area
designated pursuant to Chapter 7 (commencing with Section 36600) of
Division 27, unless that project is exempt from this division
pursuant to Section 21080.15.
  SEC. 3.  Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code.  If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.