BILL NUMBER: SB 1814 CHAPTERED 09/30/06 CHAPTER 882 FILED WITH SECRETARY OF STATE SEPTEMBER 30, 2006 APPROVED BY GOVERNOR SEPTEMBER 30, 2006 PASSED THE SENATE AUGUST 31, 2006 PASSED THE ASSEMBLY AUGUST 28, 2006 AMENDED IN ASSEMBLY AUGUST 24, 2006 AMENDED IN ASSEMBLY JUNE 19, 2006 AMENDED IN SENATE MAY 18, 2006 AMENDED IN SENATE APRIL 6, 2006 INTRODUCED BY Senator Torlakson FEBRUARY 24, 2006 An act to amend Section 21157 of the Public Resources Code, relating to environmental quality. LEGISLATIVE COUNSEL'S DIGEST SB 1814, Torlakson CEQA: schools. (1) The existing California Environmental Quality Act (CEQA) requires a lead agency to prepare, or cause to be prepared, and 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 on the environment. CEQA authorizes a master environmental impact report to be prepared for specified projects. CEQA defines terms and provides some exemptions from its requirements for specific projects. This bill would include, as a project for which a master environmental impact report may be prepared, a plan for district projects to be undertaken by a school district, that also complies with applicable school facilities requirements. By imposing new duties on a lead agency, to determine whether a project is subject to these provisions, 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. This bill would provide that no reimbursement is required by this act for a specified reason. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 21157 of the Public Resources Code is amended to read: 21157. (a) A master environmental impact report may be prepared for any one of the following projects: (1) A general plan, element, general plan amendment, or specific plan. (2) A project that consists of smaller individual projects that will be carried out in phases. (3) A rule or regulation that will be implemented by subsequent projects. (4) A project that will be carried out or approved pursuant to a development agreement. (5) A public or private project that will be carried out or approved pursuant to, or in furtherance of, a redevelopment plan. (6) A state highway project or mass transit project that will be subject to multiple stages of review or approval. (7) A regional transportation plan or congestion management plan. (8) A plan proposed by a local agency for the reuse of a federal military base or reservation that has been closed or that is proposed for closure. (9) Regulations adopted by the Fish and Game Commission for the regulation of hunting and fishing. (10) A plan for district projects to be undertaken by a school district, that also complies with applicable school facilities requirements, including, but not limited to, the requirements of Chapter 12.5 (commencing with Section 17070.10) of Part 10 of, and Article 1 (commencing with Section 17210) of Chapter 1 of Part 10.5 of, Division 1 of Title 1 of the Education Code. (b) When a lead agency prepares a master environmental impact report, the document shall include all of the following: (1) A detailed statement as required by Section 21100. (2) A description of anticipated subsequent projects that would be within the scope of the master environmental impact report, that contains sufficient information with regard to the kind, size, intensity, and location of the subsequent projects, including, but not limited to, all of the following: (A) The specific type of project anticipated to be undertaken. (B) The maximum and minimum intensity of any anticipated subsequent project, such as the number of residences in a residential development, and, with regard to a public works facility, its anticipated capacity and service area. (C) The anticipated location and alternative locations for any development projects. (D) A capital outlay or capital improvement program, or other scheduling or implementing device that governs the submission and approval of subsequent projects. (3) A description of potential impacts of anticipated subsequent projects for which there is not sufficient information reasonably available to support a full assessment of potential impacts in the master environmental impact report. This description shall not be construed as a limitation on the impacts which may be considered in a focused environmental impact report. (c) Lead agencies may develop and implement a fee program in accordance with applicable provisions of law to generate the revenue necessary to prepare a master environmental impact report. SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.